In Re: VJGJ, Inc. et al.

Filing 7

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/17/2022. (DAT)

Case 1:22-cv-00989-MN Document 7 Filed 11/17/22 Page 1 of 2 PageID #: 40

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re:

Bankruptcy Case No. 21-11332 (BLS)

VJGJ, INC., et al.,

Debtors.

ALFRED GIULIANO as Plan
Administrator for the Post-Effective Date
Debtors,
Appellant,
v.

C.A. No. 22-989-MN
Bankr. BAP No. 22-45

KEYSOURCE ACQUISITION, LLC,
Appellee.

RECOMMENDATION
At Wilmington this 17th day of November, 2022.
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,1 to
determine the appropriateness of mediation in this matter;
1

Written information was provided by counsel for the parties which is not made part
of the court record because it relates to mediation.

Case 1:22-cv-00989-MN Document 7 Filed 11/17/22 Page 2 of 2 PageID #: 41

This appeal was filed on July 28, 2022.2 Appellee, KeySource Acquisition, LLC
filed a motion to dismiss for lack of appellate jurisdiction on August 5, 2022.3 That motion
has been fully briefed and is presently pending.
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and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation
and proceed through the appellate process of this Court. No objections pursuant to 28
U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1 are anticipated because
this Recommendation is consistent with the parties’ request.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge Mary Pat Thynge

2

D.I. 1.

3

D.I. 3.
2