Jafar v. Vatican Challenge 2017, LLC

• Decision Date: 17 May 2022
• Docket Number: 2020-0151-VCG
• Parties: BADR ABDELHAMEED DHIA JAFAR, Plaintiff, v. VATICAN CHALLENGE 2017, LLC, Defendant.
• Court: Court of Chancery of Delaware

BADR ABDELHAMEED DHIA JAFAR, Plaintiff,
v.
VATICAN CHALLENGE 2017, LLC, Defendant.

No. 2020-0151-VCG

Court of Chancery of Delaware

May 17, 2022

Submitted: May 10, 2022

David A. Dorey, Esq.

BLANK ROME LLP

Alisa E. Moen, Esq.

Vatican Challenge 2017, LLC

Brian Gottesman, Esq.

GABELL BEAVER LLC

SAM GLASSCOCK III VICE CHANCELLOR

Dear Counsel:

This letter briefly considers, and denies, the Plaintiff's Application for Certification of an Interlocutory Appeal and Request for Stay Pending Appeal (the "Application").^[1] The Application requests that I certify for interlocutory appeal an April 25, 2022 order implementing my letter opinions dated February 8, 2022 and March 4, 2022 (together with the implementing order, the "Opinions").^[2] On May 10, 2022,

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the former receiver in this matter (the "Receiver") filed an opposition to the Application.^[3] The Receiver, I note, characterizes the Opinions as constituting a partial final, rather than interlocutory, decision. The Plaintiff is the master of his appeal, however, and I consider the Application as submitted, under Supreme Court 42(b), without consideration of whether the issue appealed is truly interlocutory.

The Application seeks interlocutory review of my holdings in the Opinions shifting some fees incurred by the Receiver in this matter from the Defendant to the Plaintiff.^[4] Specifically, I held that the Plaintiff is required to pay 98,841.60 in fees and costs incurred by the Receiver in this matter, with interest at the legal rate beginning to accrue sixty days after February 9, 2022.^[5] The Application also seeks a limited stay of the Opinions pending resolution of the appeal.^[6] For the reasons set forth below, I decline to certify an interlocutory appeal of the Opinions, and deny the stay request.

I. ANALYSIS

Supreme Court Rule 42(b)(i) states that interlocutory appeals shall not be certified "unless the order of the trial court decides a substantial issue of material

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importance that merits appellate review before a final judgment."^[7] Rule 42(b)(ii) cautions that "[i]nterlocutory appeals should be exceptional, not routine, because they disrupt the normal procession of litigation, cause delay, and can threaten to exhaust scarce party and judicial resources."^[8] In deciding whether to certify an interlocutory appeal, this Court, consistent with the Rule, considers whether the following factors apply:

(A) The interlocutory order involves a question of law resolved for the first time in this State; (B) The decisions of the trial courts are conflicting upon the question of law (C) The question of law relates to the constitutionality, construction, or application of a statute of this State, which has not been, but should be, settled by this Court in advance of an appeal from a final order; (D) The interlocutory order has sustained the controverted jurisdiction of the trial court; (E) The interlocutory order has reversed or set aside a prior decision of the trial court, a jury, or an administrative agency from which an appeal was taken to the trial court which had decided a significant issue and a review of the interlocutory order may terminate the litigation, substantially reduce further litigation, or otherwise serve considerations of justice; (F) The interlocutory order has vacated or opened a judgment of the trial court; (G) Review of the interlocutory order may terminate the litigation; or (H) Review of the interlocutory order may serve considerations of justice.^[9]

"Once the Court considers these factors and conducts its 'own assessment of the most efficient and just schedule to resolve the case,' the Court must then consider

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whether the likely benefits of interlocutory review outweigh the likely costs."^[10] "If the balance is uncertain, the trial court should refuse to certify the interlocutory appeal."^[11]

A....