Free Statement - District Court of Delaware - Delaware

Case 1 :04-cv-01567-GIVIS Document 9 Filed 05/06/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHAD J. SHANDLER, as Trustee to the Insilco )
Liquidating Trust, )
) Case No. 04-1567(GMS)
Appellant. )
)
v. )
)
TERM C. LENDERS, )
)
Appellees. )
MEDIATOR’S REPORT AND RECOMMENDATION
TO PROCEED WITH APPEAL AND FURTHER MEDIATION
Kevin Gross, the Court appointed mediator in the appeal from the Bankruptcy Court’s Order
entered on November 18, 2004, hereby reports as follows:
1. The Mediator conducted two formal mediation sessions and had numerous
commtuiications with the parties.
2. The sessions were productive but did not culminate in the settlement of the appeal.
3. The impediment to a successful resolution of the appeal is the pendency of a related
adversary proceeding in the Bankruptcy Court captioned Chad J. Shandler, Trustee v. DL] Merchant
Bankers, Inc. n/k/a Credit Suisse First Boston, et al., Adv. Pro. No. 04-57950. Briefing of a motion
to dismiss in the adversary proceeding is near completion. The Mediator believes that upon the
completion of the briefing, further mediation can be useful. At this time, however, some of the
parties have requested that the appeal proceed.

Case 1:04-cv—01567-G|\/IS Document 9 Filed 05/06/2005 Page 2 of 3
MEDIATOR’S RECOMMENDATION
There is no reason to further stay the parties’ submission of their appellate briefs. While such
briefing proceeds, the Mediator and the parties should continue to mediate, particularly at the
conclusion of the briefing of the motion to dismiss in the adversary proceeding.
Dated: May 6, 2005 COURT APPOINTED MEDIATOR
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Kev` Gross (DE Bar"I.D. #2139)
Rosenthal, Monhait, Gro"sTs~&ri}oddess, P.A.
919 Market Street, Suite 1401
Wilmington, DE 19801
Tel: (3()2)656-4433
Fax: (302)658-7567
E-mail: [email protected]
2

Case 1:04-cv—01567-G|\/IS Document 9 Filed 05/06/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I, Kevin Gross, hereby certify that on this 6* day of May, 2005, I caused a copy of the
foregoing Mediator’s Report and Recommendation to Proceed with Appeal upon the following
cotmsel by first class mail:
Charlene D. Davis, Esquire Karen E. Wagner, Esquire
The Bayard Firm Davis Polk & Wardell
222 Delaware Avenue, Suite 900 450 Lexington Avenue
Wilmington, DE 19899 New York, NY 10017
Michael R. Lastowski, Esquire Michael S. Cryan, Esquire
Duane Morris LLP Arent Fox PLLC
1100 N. Market Street, Suite 1200 1050 Connecticut Avenue, N.W.
Wilmington, DE 19801-1246 Washington, DC 20036-5339
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Kevin Gross