Hampel v. Virgin Orbit Holdings, Inc.

Filing 5

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 4/15/2024. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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VIRGIN ORBIT, LLC,
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Debtor.
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_____________________________________ )
TAMAS HAMPEL,
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Appellant,
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v.
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VIRGIN ORBIT HOLDINGS, INC.,
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Appellee.
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_____________________________________ )
In re:

Chapter 11
Bankruptcy Case No. 23-10408-KBO
Bankr. BAP No. 24-0014

Civil Action No. 24-328-MN

ORDER
At Wilmington, Delaware, this 15th day of April 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 agree as to whether mediation would be helpful, and in
light of appellee’s correspondence, the Court does not believe that mediation would be helpful at
this stage;
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 in the event the Court chooses to withdraw the appeal from
mediation):
Appellant’s Brief:

Within thirty (30) days of the entry of any Order Granting
Motion for Leave to Appeal, Appellant shall file an
Opening Brief.

Appellee’s Answering Brief:

Within thirty (30) days of the filing of Appellant’s Opening
Brief, Appellee shall file an Answering Brief.

Appellant’s Reply Brief:

Within fifteen (15) days of the filing of Appellee’s
Answering Brief, Appellant may file a Reply Brief.

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE

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