Vara et al v. Ziehl

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 11/8/23. (rcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

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TWC LIQUIDATION TRUST,
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Debtor.
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_____________________________________ )
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ANDREW R. VARA, in his capacity as
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the United States Trustee for Region 3;
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TARA TWOMEY, in her capacity as
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Director of the Executive Office for
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United States Trustees,
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Appellants,
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v.
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DEAN A. ZIEHL, in his capacity as trustee )
of the TWC Liquidating Trust.,
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Appellee.
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_____________________________________ )

Chapter 11
Bankruptcy Case No. 18-10601-MFW
Bankr. BAP No. 23-00056

Civil Action No. 23-1067-MN

ORDER
At Wilmington, Delaware, this 8th day of November, 2023.
WHEREAS, pursuant to Section 1 of the Procedures to Govern Mediation of Appeals
from the United States Bankruptcy Court for this District (“Procedures”), dated July 19, 2023,
the Court conducted an initial review of this matter, including having gathered information from
the parties and their counsel, in order to determine the appropriateness of mediation for the case;
WHEREAS the parties jointly agree that their disputes here cannot be resolved through
mediation and the Court agrees;
THEREFORE, pursuant to Section 1 of the Procedures, the Court determines that
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mediation is not appropriate in this matter and recommends that the assigned District Judge issue
an order withdrawing the matter from mediation and setting the following appellate briefing
schedule (agreed to by the parties):

Appellants’ Brief:

January 26, 2024

Appellee’s Response Brief:

March 15, 2024

Appellants’ Reply Brief:

April 5, 2024

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE

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