ACP Post Oak Credit I LLC et al v. Vesttoo Ltd., et al.

Filing 11

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 5/13/2024. (nmf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: ) ) VESTOO LTD., et al., ) ) Debtors. ) _____________________________________ ) ACP POST OAK CREDIT I, LLC and ) ACP POST OAK CREDIT II, LLC, ) ) Appellants, ) ) v. ) ) VESTOO LTD., et al., and the OFFICIAL ) COMMITTEE OF UNSECURED ) CREDITORS OF VESTOO LTD., et al., ) ) Appellees. ) _____________________________________ ) Chapter 11 Bankruptcy Case No.: 23-11160 (MFW) Bankr. BAP No. 24-0010 Civil Action No. 24-0304-JLH ORDER At Wilmington, Delaware, this 13th day of May 2024; 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 do not jointly agree that their disputes here can be resolved through mediation, and, upon review, the Court determines that mediation would not be an appropriate use of Court resources at this time; THEREFORE, pursuant to Section 1 of the Procedures, the Court determines that mediation is not appropriate in this matter and recommends that the assigned District Judge issue an order withdrawing the matter from mediation. The parties should address any request for entry of a briefing schedule to the assigned District Judge in this matter. ___________________________________ Christopher J. Burke UNITED STATES MAGISTRATE JUDGE

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