Case 09-39032-SLM

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
______________________________________

Order Filed on August 1, 2016

by Clerk, U.S. Bankruptcy
Court - District of New Jersey

Caption in Compliance with D.N.J. LBR 9004-1(b)

In Re:

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GIUSEPPE GIUDICE and TERESA GIUDICE,

Debtors.

Case No.:

09-39032 (SLM)

Chapter:

Judge:

Hon. Stacey L. Meisel

MEDIATION ORDER

The relief set forth on the following pages, numbered two (2) through five (5), is ORDERED.

DATED: August 1, 2016

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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Mediation Order

WHEREAS this matter was brought before the Court by way of a Letter by the co-debtor, Teresa
Giudice (Debtor), by and through counsel, Brach Eichler, LLC, requesting an in-person status conference
with the parties and their respective counsel to try and amicably resolve their dispute regarding the Debtors
claims against James A. Kridel, Jr. in the state court action known as Giudice v. Kridel, Docket No. MRS-L1861-15 (the Kridel Action); this Court finds as follows:
WHEREAS on April 29, 2016, John Sywilok, Esq. (as former Chapter 7 Trustee), pro-se, filed a
Motion to Reopen this bankruptcy case (Docket No. 177);

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WHEREAS on May 24, 2016, this Court entered an Order reopening this bankruptcy case (Docket

No. 188);

WHEREAS on May 26, 2016, John Sywilok, Esq. was appointed Chapter 7 Trustee;

WHEREAS on June 1, 2016, the trustee, John Sywilok, Esq. (Trustee), filed an Application for
Retention of Professional (Retention Application) (Docket No. 192), seeking this Courts approval to
retain Kopelman & Kopelman, LLP as Attorney for the Trustee;
WHEREAS on June 10, 2016, this Court entered an Order granting the Retention Application to
employ Kopelman & Kopelman, LLP as Attorneys for the Trustee (Docket No. 194);
WHEREAS on June 17, 2016, the Debtor filed two separate Letters to this Court (Docket Nos. 197
and 198), requesting, among other things, the Court direct the parties to an in-person status conference under
Bankruptcy Code section 105(a);
WHEREAS on June 20, 2016, the Trustee filed two separate Letters to this Court (Docket Nos. 200
and 201), opposing the Debtors request for an in-person status conference;
WHEREAS the Court granted the Debtors request for an in-person status conference;
WHEREAS on July 11, 2016, the Debtor filed a Motion to Approve Compromise under Rule 9019
(Docket No. 209) and a Notice of Proposed Compromise or Settlement of Controversy (Docket No. 210),
contending that the Trustee and the Debtor reached an oral agreement concerning the Kridel Action;
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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Mediation Order

WHEREAS on July 12, 2016, the Debtor filed a Letter to the Court (Docket No. 211), requesting the
Court direct the parties to mediation to resolve their disputes;
WHEREAS on July 12, 2016, the Debtor filed a Letter to the Court (Docket No. 214), requesting to
discuss, among other things, a discovery dispute between the parties at the scheduled status conference
hearing;
WHEREAS on July 13, 2016, the Trustee filed a Motion To Hold Teresa Giudice In Contempt For
Failure To Comply With Amended Rule 2004 Subpoena on shortened time (Contempt Motion) (Docket

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No. 215), requesting the Court hold the Debtor in contempt for failing to provide the Trustee with the Rule
2004 Subpoena documents by the deadline of July 13, 2016 at 10:00 a.m. and for an anticipated nonappearance at an examination scheduled for July 20, 2016;

WHEREAS on July 13, 2016, this Court entered an Order denying the Trustees request to hear the

Contempt Motion on shortened time and instead scheduled the matter to be heard in the normal course (Docket
No. 217);
WHEREAS on July 18, 2016, this Court held, among other things, a status conference;
WHEREAS the Court determined the Trustee needs certain information relating to past and/or
existing claims against the Debtor that arose pre-petition or during the bankruptcy case in order to fully
evaluate a potential settlement;
WHEREAS this Court determined that mediation is in the best interests of the parties and well-suited to
the circumstances of this case in that it may produce an agreeable resolution of all or some of the issues between
the Trustee and the Debtor (collectively the Parties);
WHEREAS the Court selected the mediator in this case because of the circumstances leading to
mediation; and
WHEREAS to the extent any of the above findings of fact constitute conclusions of law, they are
adopted as such and vice versa; it is hereby
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Giuseppe Giudice and Teresa Giudice

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Mediation Order

ORDERED that the Parties shall participate in mediation in good faith; and it is further
ORDERED that the Parties shall personally attend the mediation with counsel (unless the Parties
are excused by either the Court or the mediator); and it is further
ORDERED that

Hon. Joel A. Pisano (retired)

is appointed to serve as mediator in this

matter. The mediators address is One Riverfront Plaza, 1037 Raymond Blvd., 6th Floor, Newark, NJ 07102;
and it is further
ORDERED that D.N.J. LBR 9019-1 and 9019-2, as well as the following terms and guidelines will

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govern the mediation process between the Parties as follows:

1. Attorneys for Teresa Giudice must immediately serve the designated mediator with a copy of the
Mediation Order.

2. Promptly after receiving the Mediation Order, the mediator must determine whether there is a
basis for disqualification or whether the mediator is unable to serve for any other reason. Not later
than 10 days after receiving the Mediation Order, unless extended by the Court, the mediator must file
with the court and serve on the Parties either:
(A) a statement accepting the appointment, which
i) discloses to the best of the mediators knowledge, all of the
mediators connections with the Parties and their professionals; and
ii) states that the mediator believes that there is no basis for disqualification; or
(B) a statement declining the appointment.

3. After the mediator accepts the appointment, the Parties must, within seven (7) days of entry
of this Order, contact the mediator to schedule the organizational telephone conference required
by D.N.J. LBR 9019-2(d).
4. The scheduling and location of all mediation sessions will be determined by the mediator;
however, the mediation must commence not later than 75 days after the entry of this order,
unless extended by further court order.
5. The Parties will compensate the mediator at the rate of $ 650.00 per hour
. By agreement at
the July 18th status conference, Teresa Giudice shall be solely responsible for the mediators fee.
Teresa Giudice shall pay all invoices as required by the mediator and under the payment terms provided
by the mediator. Teresa Giudice shall pay a retainer, if required by the mediator. The final fee must be
paid within 15 days of the final mediation date unless the mediator has not issued a final invoice, which
would cause the final fee to be paid within 15 days of the final invoice.
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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Mediation Order

6. Nothing herein shall prevent the mediator from changing the regularity of payment of any and
all invoices over the term of the mediation. Regardless of any changes in payment terms, Teresa
Giudice shall continue to be solely responsible for payment of all invoices.
7. The mediator has the right to terminate this mediation at any time, for any reason, by providing
written notice to counsel for all Parties.
8. Not later than 7 days after the conclusion of the mediation, the mediator must file Local Form
Mediation Report.
9. A status conference is scheduled for

September 27, 2016

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The status conference will be conducted:
by telephone

by status report (filed not later than 3 days before the status conference)
;in court (appearances required by the Parties and their counsel)

at
10:30 a.m.
the courtroom of

in
Hon. Stacey L. Meisel

located at the United States Bankruptcy Court, 50 Walnut Street, Newark, New Jersey

10. The Court will supplement and/or clarify this Order, if needed; and it is further
ORDERED that within 14 days of the entry of this Order, Teresa Giudice shall provide the Trustee
with backup information and documentation regarding the current status of all of Teresa Giudices pre-petition
claims, and any claims arising from the bankruptcy case, including but not limited to, proof of payment in full
of any claim, proof of any resolution of any claim, and current balance of claim; and it is further
ORDERED that other than what is set forth herein, all matters in this bankruptcy case relating to the
subject matter of the mediation are stayed until the completion of mediation or further Order of this Court.