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In re Franklin Bank Corporation

United States District Court, D. Delaware

February 11, 2014

In re: Franklin Bank Corporation Debtor.
v.
George L. Miller, Chapter 7 Trustee, Wilmington Trust Company, Appellees. Bank of New York Mellon Trust Company, N.A., Appellant, HoldCo Advisors L.P., Appellant,
v.
George L. Miller, Chapter 7 Trustee, Wilmington Trust Company, Appellees. Broadbill Investment Partners LP et al., Appellants,
v.
Wilmington Trust Company et al., Appellees. Bank of New York Mellon Trust Co., N.A., Appellant,
v.
George L. Miller, Chapter 7 Trustee, Wilmington Trust Company, Appellees. Broadbill Investment Partners LP, et al., Appellants,
v.
George L. Miller, Chapter 7 Trustee, Wilmington Trust Company, Appellees. Bankruptcy No. 08-12924 BAP Nos. 13-95, 13-94, 13-95, 13-98, 13-99

RECOMMENDATION

MARY PAT THYNGE, Magistrate Judge.

At Wilmington this 12th day of February, 2014.

WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter;

WHEREAS, as a result of the above screening process, the issues involved in this case are not amenable to mediation and mediation at this stage would not be a productive exercise, a worthwhile use of judicial resources nor warrant the expense of the process.

THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a) Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. The parties were advised of their right to file objections to this Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1.

Local counsel are obligated to inform out-of-state counsel of this Order.


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