In Re: VJGJ, Inc. et al.

Filing 8

ORDER ADOPTING 7 RECOMMENDATION - IT IS HEREBY ORDERED that the Recommendation is ADOPTED and this matter is withdrawn from the mandatory referral for mediation. As there is a pending 3 motion to dismiss the appeal based on lack of appellate jurisdiction, the Court will not set a briefing schedule at this time. Signed by Judge Maryellen Noreika on 11/21/2022. (dlw)

Case 1:22-cv-00989-MN Document 8 Filed 11/21/22 Page 1 of 2 PageID #: 42

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:
VJGJ, INC., et al.,
Debtor.
ALFRED GIULIANO as Plan
Administrator for the Post-Effective Date
Debtors,
Appellant,
v.
KEYSOURCE ACQUISITION, LLC,
Appellee.

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Chapter 11
Case No. 21-11332 (BLS)
(Bankr. D. Del.)

C.A. No. 22-989 (MN)

ORDER
At Wilmington, this 21st day of November 2022;
WHEREAS, on November 17, 2022, Chief Magistrate Judge Mary Pat Thynge issued a
Recommendation (D.I. 7) recommending that this matter be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court;
WHEREAS, no objections to the Recommendation are anticipated because the
Recommendation is consistent with the parties’ request (Id. at 2); and
WHEREAS, the Court finds no clear error on the face of the record and does not find the
Recommendation to be clearly erroneous or contrary to law.
THEREFORE, IT IS HEREBY ORDERED that the Recommendation is ADOPTED and
this matter is withdrawn from the mandatory referral for mediation. As there is a pending motion

Case 1:22-cv-00989-MN Document 8 Filed 11/21/22 Page 2 of 2 PageID #: 43

to dismiss the appeal based on lack of appellate jurisdiction (D.I. 3), the Court will not set a briefing
schedule at this time.

The Honorable Maryellen Noreika
United States District Judge

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