Case Information
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE CRYSTALLEX INTERNATIONAL CORP., ) ) Plaintiff, ) ) v. ) Misc. No. 17-151-LPS ) BOLIVARIAN REPUBLIC OF ) VENEZUELA, )
) Defendant. ) SPECIAL MASTER’S RESPONSE, INCLUDING REVISED PROPOSED SCHEDULE, TO THE VENEZUELA PARTIES’ MOTION FOR RECONSIDERATION OF THE COURT’S ORDER SETTING DEADLINES FOR BRIEFING AND DISCOVERY
Robert B. Pincus, in his capacity as special master for the United States District Court for the District of Delaware in the above-captioned case (the “ Special Master ”), [1] submits this response to the Venezuela Parties’ Motion for Reconsideration of the Court’s Order Setting Deadlines for Briefing and Discovery, D.I. 1803 (the “ Motion ”).
In response to the Motion, the Special Master engaged in further discussions with the relevant parties in an effort to reach consensus on a schedule. The Special Master is pleased to advise the Court that he reached an agreement with the Venezuela Parties, the other Sale Process Parties, Red Tree, and Gold Reserve on the revised schedule proposed below. The Special Master understands that if the Court adopts this schedule, the Venezuela Parties will withdraw the Motion.
Compared to the Special Master’s previous proposal, the most significant change is that any objector would be required to initially file a notice of its objections—including a sufficiently detailed description of such objections—on July 7, 2025, and subsequently file a memorandum of law in support of its objections on July 23, 2025. The Special Master respectfully requests that the Court adopt the following schedule: Special Master’s Proposed Event
Deadline Wednesday, July 2 Deadline for the Special Master to submit his Final Recommendation together with any supporting materials (“ Rec ”)
Monday, July 7 Deadline to serve written discovery on the party (or parties) whose bid is selected as the Final Recommendation (Rec + 5 days) Monday, July 7 Opening expert reports due
(Rec + 5 days) Deadline for the filing of any notice of objections to the Special Master’s Final Recommendation. The notice must state with
Monday, July 7 particularity the bases for each objection known at that time. Parties may only seek discovery that is reasonably related to the (Rec + 5 days) issues raised in the initial notices of objections that are filed on July 7. Deadline for any Competing Objector to disclose its own bid
Wednesday, July 9 materials (such materials to be commensurate with those (Rec + 7 days) disclosed by the Special Master of the recommended bid) [2] Friday, July 11 Deadline to serve written discovery on a Competing Objector
(Rec + 9 days) Tuesday, July 15 Deadline to serve responses and objections for discovery requests served after the Final Recommendation (Rec + 13 days) Deadline to meet and confer regarding the scope of discovery to
Wednesday, July 16 be produced in response to discovery requests served after (Rec + 14 days) submission of the Final Recommendation Deadline to complete document productions in response to discovery requests served before the submission of the Final
Friday, July 18 Recommendation and substantially complete document (Rec + 16 days) productions in response to discovery requests served after the submission of the Final Recommendation
Friday, July 18 Deadline to serve witness disclosures pursuant to FRCP 26(a)(3) (Rec + 16 days)
Monday, July 21 Deadline to notice witness depositions (Rec + 19 days) Monday, July 21
Deadline to serve responsive expert reports (Rec + 19 days) Wednesday, July 23 Deadline for the filing of memoranda in support of any objections to the Special Master’s Final Recommendation (Rec + 21 days)
Friday, July 25 Deadline to serve reply expert reports, if any (Rec + 23 days) Thursday, July 31
Conclusion of the discovery period (Rec + 29 days) Deadline for the filing of responses to objections to the Special Wednesday, August 6 Master’s Final Recommendation (Rec + 35 days) Deadline for the filing of replies regarding any objections to the Tuesday, August 12 Special Master’s Final Recommendation (Rec + 41 days)
Wednesday, August 13 Deadline for the Special Master to submit Joint Status Report [3] (Rec + 42 days) Wednesday, August 13 Deadline to disclose exhibits pursuant to FRCP 26(a)(3) (Rec + 42 days) Deadline for the filing of sur-replies to replies regarding any Friday, August 15 objections to the Special Master’s Final Recommendation (only at 12:00 p.m. ET to the extent new arguments are raised in reply briefing) (Rec + 44 days) Deadline to serve objections to FRCP 26(a)(3) exhibit Friday, August 15 disclosures (Rec + 44 days)
Monday, August 18 Commencement of the Sale Hearing (Rec + 47 days) Respectfully submitted, P OTTER A NDERSON & C ORROON LLP
OF COUNSEL: By: /s/ Myron T. Steele Myron T. Steele (#0002) Matthew S. Barr (Admitted pro hac vice ) Matthew F. Davis (#4696) David Lender (Admitted pro hac vice ) Bindu A. Palapura (#5370) Jared R. Friedmann (Admitted pro hac vice ) Malisa C. Dang (#7187) Hercules Plaza, 6 th Floor Chase A. Bentley (Admitted pro hac vice ) WEIL, GOTSHAL & MANGES LLP 1313 North Market Street 767 Fifth Avenue P.O. Box 951 New York, New York 10153 Wilmington, DE 19801 Telephone: (212) 310-8000 Telephone: (302) 984-6000 Facsimile: (212) 310-8007 Facsimile: (302) 658-1192 Matt.Barr@weil.com msteele@potteranderson.com David.Lender@weil.com mdavis@potteranderson.com Jared.Friedmann@weil.com bpalapura@potteranderson.com Chase.Bentley@weil.com mdang@potteranderson.com Dated: June 13, 2025 Counsel for Special Master Robert B. Pincus 12300186 / 21202.00001
SO ORDERED.
_______________________________ June 13, 2025 HONORABLE LEONARD P. STARK Wilmington, Delaware UNITED STATES DISTRICT COURT
NOTES
[1] All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Sixth Revised Proposed Order (A) Establishing Sale and Bidding Procedures, (B) Approving Special Master’s Report and Recommendation Regarding Proposed Sale Procedures Order, (C) Affirming Retention of Evercore as Investment Banker by Special Master and (D) Regarding Related Matters (D.I. 481) (the “ Sale Procedures Order ”).
[2] A Competing Objector is any party objecting to the Final Recommendation on the basis that its bid should have been selected as the Final Recommendation instead.
[3] The Court previously ordered that the Special Master’s Joint Status Report should include a witness list and allocation of time across parties. D.I. 1741 ¶ 3.