Free Stipulation - District Court of Delaware - Delaware

Case 1 :07-cv-00345-JJF Document 6 Filed 08/09/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
In Re: ) Case #: 1:07-00345 UNA
)
Plassein International Corporation, et al., )
(n/k/a PL Liquidation Corp.), )
J
)
WILLIAM BRANDT, as his the Trustee of J
the Estates of Plasscin International Corp., et J Chapmr 7 P
a|__ ) Case No. 03-11489 (KG)
) J ointly Administered
Appellant, J
J .
v. J
)
B.A. Capital Company LP, J
The Andrew Marshall Forsberg Trust, J AdV- PY9- NO- 05"59692(KGJ
Ethel Forsberg Revoeable Trust, J BAP 97*62
Janis Rae Forsberg Trust J
Frank John McCa1thy, Daniel R. Orris, J
Bernadine Orris, Charles J. Warr, Paul D. J
Gage, Stephen S. Wilson, G. Kenneth Pope, J
Jr., Kenneth Olenler, Daniel A. Jones, Ill, J
Sam Chebeir, Thomas F. Fay, Ruth L. J
Fishbaeh, Mark R. Freedman, Robert N. J
Zeitlin, Sidney Zeitlin, ZF C Associates, Inc., J
William G. Russell, Robert N. Zeitlin 1999 J
Charitable Remainer Antitmst, J
)
Appellees. J
)
MEDIATION BYPASS - CONSENT OF ALL INTERESTED PARTIES
On May 30, 2007 there was tiled a NOTICE OF APPEAL FROM BANKRUPTCY
COURT trom the order entered 4./20/07 by Judge Gross in Case no. 03-1 l-489.
The undersigned was appointed mediator by the District Court upon the appeal of this
matter according to the standing order, dated July 23, 2004, Governing Mediation of Appeals -
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Case 1:07-cv-00345-JJF Document 6 Filed 08/09/2007 Page 2 of 2
from the United States Bankruptcy Court for this District. Based upon infomation from counsel
for one ofthe parties, the mediator decided to poll counsel for the various interests in this matter. i
The mediatof has now heard from all parties who are in agreement, that the fundamental
dispute involves a question of interpretation of law and this issue is not one which is remediable
through Mediation. The parties, unanimously, believe that the dispute is one which cannot be
settled absent a ruling. This presents impasse.
Mediation, under the circumstances, would be costly, ineffective and is inadvisable.
Accordingly, the mediator agrees that it is inadvisable to proceed with mediation and
recommends bypass ofmediation.
Respectfully,
MARON MARVEL BRADLEY
& ANDERSON, P.A.
/s/ J. Richard Tucker
J. Richard Tucker
1201 N. Market Street
Suite 900
Wilmington, DE 19801
(302) 425-0177
jrt(rDmaronmarve1.com
Dated: August 9, 2007
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