Collins St Convertible Notes Pty Ltd. et al v. Allegiance Coal USA Limited et al

Filing 11

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 7/10/2024. (nmf)

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

)
)
ALLEGIANCE COAL USA LIMITED, et al., )
)
Debtors.
)
_____________________________________ )
COLLINS ST CONVERTIBLE NOTES
)
PTY LTD.,
)
)
Appellant,
)
)
v.
)
)
ALLEGIANCE COAL USA LIMITED, et al., )
)
Appellees.
)
_____________________________________ )

Chapter 11
Bankruptcy Case No. 23-10234 (CTG)
Bankr. BAP No. 24-0032

Civil Action No. 24-656-CFC

ORDER
At Wilmington, Delaware, this 10th day of July 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 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
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
1

schedule (agreed to by the parties):

Collins St’s Opening Brief:

August 8, 2024

Appellees’ Answering Brief: September 9, 2024
Collins St’s Reply Brief:

September 23, 2024

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE

2