The Delaware District Court has set a timeline for filing documents related to the CITGO auction following the sale hearing and deemed it unnecessary to suspend the process due to the requests for disqualification of the judicial expert, Robert B. Pincus.
In the case of Crystallex International Corp. vs. the Bolivarian Republic of Venezuela, which concerns the CITGO auction, the court aims to resolve these disputes before December 1, 2025, the expiration date of the current financing offer.
The order outlines the deadlines for submitting documents and proposed facts, with opening and response briefs limited to 40 pages each. Additionally, oral arguments have been scheduled for October 21, 2025, which are expected to be beneficial for resolving the issues at hand.
Court Order on Post-Sale Hearing Reports
On September 29, 2025, the U.S. District Court for the District of Delaware issued an order establishing a strict timetable and rules for submitting post-sale hearing reports in the litigation between Crystallex International Corp. and the Bolivarian Republic of Venezuela.
The main goal of the order is to expedite the resolution of numerous disputes related to the CITGO auction resulting from the “Updated Final Recommendation” of judicial expert Robert B. Pincus.
The critical points of the order include:
Rejection of CITGO Auction Suspension:
The court explicitly denied any requests for suspension or delays in the CITGO auction proceedings, despite prior motions to disqualify judicial expert Robert B. Pincus. The court differentiates this case from the precedent In re Kensington International Ltd., stating that a suspension is not necessary.
The court does not believe that preemptive motions to disqualify the judicial expert and/or their advisors warrant, or even suggest, a need to suspend or delay the consideration of the numerous disputes that were addressed in the sale hearing.
It explains that the difference with the In re Kensington International Ltd. case lies in the fact that a suspension or delay is not necessary to facilitate the introduction of evidence and position the court to decide on disqualification motions before resolving the outstanding matters.
Urgency Due to Financing Deadline:
The court established an expedited timetable intending to resolve disputes before December 1, 2025, the date when the funding supporting the recommended offer expires.
Defined Schedule:
The order provides a precise schedule for the simultaneous submission of reports, findings of fact, and responses, culminating in an extensive day of oral arguments on October 21, 2025.
Efficiency Guidelines:
The court requires the parties to consolidate their arguments into a limited number of reports, prohibits the incorporation of arguments by reference to prior documents, and encourages the submission of joint reports to ease the review burden.
Critical Deadline of December 1
The structure of the timeline is heavily influenced by an external financial deadline.
• Context of the deadline: the funding currently supporting the offer, which is subject to the “Updated Final Recommendation of the Special Administrator,” expires on December 1, 2025.
• Court’s stance: While the court states it “does not commit to resolving the disputes raised in the Sale Hearing before December 1,” it also considers “reasonable and advisable to adopt a schedule that may allow it to resolve these disputes before that date.” This indicates a clear intent to move quickly.
Timetable and Structure of Reports
The order establishes a detailed and rigorous timeline for all submissions following the hearing. Oral arguments are expected to be “helpful in resolving the multitude of contested issues.”
EventDeadlinePage LimitSimultaneous submissions of proposed findings of factWednesday, October 8, 2025, at 11:59 PM ETNo limitSimultaneous submissions of post-trial opening briefsWednesday, October 8, 2025, at 11:59 PM ET40Simultaneous submissions of post-trial answering briefsWednesday, October 15, 2025, at 11:59 PM ET40Simultaneous submissions of supplemental facts (only to address findings of fact from other parties)Wednesday, October 15, 2025, at 11:59 PM ETNo limitOral argumentsTuesday, October 21, 2025, from 8:30 AM to 7:00 PM N/ASimultaneous submissions of post-trial reply briefsTuesday, October 28, 2025, at 11:59 PM ET25
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