ORDER
At Wilmington this 2nd day of January, 2013, having received a recommendation from Magistrate Judge Mary Pat Thynge that this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this court;
IT IS ORDERED that the recommendation is adopted and the parties are directed to submit a proposed briefing schedule to the court no later than January 18, 2013.
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CHIEF, UNITED STATES DISTRICT JUDGE