Free Notice (Other) - District Court of Delaware - Delaware


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Case 1:08-cv-00158-JJF Document 6 Filed 08/14/2008 Paget of 2
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
In Re: ) Case No. 1:08-cv-00158 (FJJ)
Global Power Equipment Group, Inc., )
et al. )
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) Chapter 11
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) Case No. 06-11045 (BLS)
Maasvlakte Energie BV ) -
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Appellant, )
)
V. )
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Global Power Equipment Group Inc., et al. )
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)
Appellees. . )
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MEDIATION BYPASS - CONSENT OF ALL INTERESTED PARTIES
On February 25, 2008, there was tiled a NOTICE OF APPEAL FROM BANKRUPTCY
COURT from the order entered February 14, 2008, by Brendan L. Shannon in Case No. 06-
11045 (BLS). .
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Case 1:08-cv-00158-JJF Document 6 Filed 08/14/2008 Page 2 of 2
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
from the United States Bankruptcy Court for this District. Based upon infomation from counsel
for one of the parties, the mediator decided to poll counsel for the various interests in this matter,
to ascertain the advisability of conducting Mediation of this matter.
The Mediator has polled the parties and is advised that in light of the discrete legal issue
in dispute, Mediation will not be productive. The Mediator reports that the parties are
unanimous, in their current belief that the fundamental dispute involves a question of
interpretation of law, this issue is not one which is remediable through Mediation, and 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 of Mediation.
Respectiiilly,
MARON MARVEL BRADLEY
& ANDERSON, P.A.
/s/J Richard Tucker
J. Richard Tucker
1201 N. Market Street
Suite 900
Wilmington, DE 1980l
(302) 425-0177
[email protected],maronmarvel.com
Dated: August 13, 2008
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