Opinion
22 CIV 8136 (PAE) 22 CIV 8110 (PAE) 22 CIV 9568 (PAE)
11-30-2022
VANIO CESAR PICKLER AGUIAR, not individually but as Judicial Administrator and Foreign Representative of the Bankruptcy Estate of Varig Logistica, S.A., Appellant, v. MATLIN PATTERSON GLOBAL OPPORTUNITIES PARTNERS, L.P. et al., Appellees. VANIO CESAR PICKLER AGUIAR, not individually but as Judicial Administrator and Foreign Representative of the Bankruptcy Estate of Varig Logistica, S.A., Appellant, v. MATLIN PATTERSON GLOBAL OPPORTUNITIES PARTNERS, L.P. et al., Appellees. VANIO CESAR PICKLER AGUIAR, not individually but as Judicial Administrator and Foreign Representative of the Bankruptcy Estate of Varig Logistica, S.A., Appellant, v. MATLIN PATTERSON GLOBAL OPPORTUNITIES PARTNERS, L.P. et al., Appellees.
SEQUOR LAW, P.A. Gregory S. Grossman (admittedpro hac vice) Juan J. Mendoza (admittedpro hac vice) SEQUOR LAW, P.A. Counsel to Vanio Cesar Pickier Aguiar, Not Individually but as Judicial Administrator of the Bankruptcy Estate of Varig Logistica, SA. SIMPSON THACHER & BARTLETT LLP Elisha D. Graff and SCHULTE ROTH & ZABEL LLP Gayle R. Klein Counsel to the Debtors KING & SPALDING Scott Davidson Counsel to VRG KOUTSOUDAKIS & IAKOVOU LAW GROUP, PLLC Ralph E. Preite Counsel to HJDK SKARZYNSKIMARICK & BLACK LLP Michael B. Chester Counsel to Zurich American Insurance Company Granted.
SEQUOR LAW, P.A. Gregory S. Grossman (admittedpro hac vice) Juan J. Mendoza (admittedpro hac vice) SEQUOR LAW, P.A. Counsel to Vanio Cesar Pickier Aguiar, Not Individually but as Judicial Administrator of the Bankruptcy Estate of Varig Logistica, SA.
SIMPSON THACHER & BARTLETT LLP Elisha D. Graff and SCHULTE ROTH & ZABEL LLP Gayle R. Klein Counsel to the Debtors
KING & SPALDING Scott Davidson Counsel to VRG
KOUTSOUDAKIS & IAKOVOU LAW GROUP, PLLC Ralph E. Preite Counsel to HJDK
SKARZYNSKIMARICK & BLACK LLP Michael B. Chester Counsel to Zurich American Insurance Company Granted.
APPEAL PARTIES' STIPULATION AND REQUEST FOR APPROVAL REGARDING JURISDICTIONAL ISSUES, CONSOLIDATION, AND BRIEF LENGTH
PAUL A. ENGELMAYER UNITED STATES DISTRICT JUDGE
This stipulation is made by and between Vanio Cesar Pickier Aguiar, Not Individually but as Judicial Administrator and Foreign Representative of the Bankruptcy Estate of Varig Logistica, S.A. (“Foreign Representative” or “Appellant”), on the one hand, and on the other hand MatlinPatterson Global Opportunities Partners, L.P., MatlinPatterson Global Opportunities Partners (Cayman) II L.P., MatlinPatterson Global Partners II LLC, MatlinPatterson Global Advisers LLC, MatlinPatterson PE Holdings LLC, Volo Logistics LLC, MatlinPatterson Global Opportunities Partners (SUB) II (“Debtors”), Gol Linhas Aereas, SA. formerly known as VRG Linhas Aereas, S.A. (“VRG”), HJDK Aerospacial, S.A. (“HJDK”), and Zurich American Insurance Company (“Zurich”) (collectively Debtors, VRG, HJDK, and Zurich are “Appellees”).
RECITALS
Whereas, Appellant filed three appeals all from orders entered in the same bankruptcy cases for the Debtors pending in the United States Bankruptcy Court for the Southern District of New York (“Bankruptcy Court”);
Whereas, Appellant's appeal docketed in the United States District Court for the Southern District of New York as Case No. 22 CIV 8110 (PAE) (“Conversion Denial Order Appeal”) relates solely to the Bankruptcy Court's denial of Appellant's Motion to Convert the Debtors' bankruptcy cases from Chapter 11 to Chapter 7 (“Conversion Denial Order”);
Whereas, Appellant's appeal docketed in the United States District Court for the Southern District of New York as Case No. 22 CIV 8136 (PAE) (“VRG Settlement Order Appeal”) seeks review of the Bankruptcy Court's approval of a settlement between the Debtors and VRG (“VRG Settlement Order”) and of the Conversion Denial Order;
Whereas, Appellant's appeal docketed in the United States District Court for the Southern District of New York as Case No. 22 CIV 9568 (PAE) (“HJDK Settlement Order Appeal”) seeks review of the Bankruptcy Court's approval of a settlement among the Debtors, HJDK, and Zurich (“HJDK Settlement Order”);
Whereas, one or more of the Appellees assert that the District Court lacks appellate jurisdiction to review the Conversion Denial Order in any of the docketed appeals; and
Whereas, on November 2, 2022, the District Court held a telephonic conference regarding the Conversion Denial Order Appeal and the VRG Settlement Order Appeal, and at the conference, the District Court urged the parties to coordinate briefing among all three appeals, and counsel for Appellant, Debtors, and VRG addressed on the record certain of the topics addressed by this stipulation at such conference.
STIPULATION
NOW THEREFORE, it is stipulated and agreed as follows:
1. Appellant, Debtors, and VRG agree that they will address all issues regarding the appellate jurisdiction to review the Conversion Denial Order, including requests for leave to appeal, in their respective initial, response, and reply briefs and not by way of separate motion practice.
2. Appellant, Debtors, HJDK, and Zurich agree that the appeal of the HJDK Settlement Order contains issues that overlap with the appeal of the VRG Settlement Order such that all consent to such appeal being treated as related to the above-captioned appeals.
3. Appellant and all Appellees agree that the District Court should consolidate the Conversion Denial Order Appeal, the VRG Settlement Order Appeal and the HJDK Settlement
Order Appeal for all purposes, including the briefing schedule previously ordered by the District Court in the Conversion Denial Order Appeal and the VRG Settlement Order Appeal.
4. Appellant and Appellees agree that the page limitation for Appellant's initial brief and the response briefs of each of the Appellees be increased from thirty (30) pages as per Fed.R.Bankr.P. 8015(a)(7) to forty-eight (48) pages, that the page limitation for Appellant's reply brief be increased from fifteen (15) pages as per Fed.R.Bankr.P. 8015(a)(7) to twenty-five (25) pages, and that the word limitations for each brief will be increased accordingly.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
Respectfully Submitted, Dated: November 28, 2022
SO ORDERED.