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Judge Kaplan Appoints Himself to Mediate Del Monte Minority Lender Disputes, Takes on Previously Unprecedented Dual Role for 3rd Time

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Legal Analysis: Kevin Eckhardt

Relevant Document:
Stipulation and Order

Today Judge Michael Kaplan approved a stipulation appointing himself to mediate disputes among the Del Monte Foods debtors, the minority lender group, the majority lender group and the official committee of unsecured creditors. The parties agree that Judge Kaplan’s dual role as presiding judge and mediator “shall not serve as a basis for any Mediation Party to seek to disqualify Judge Kaplan from presiding over these chapter 11 cases.”

Judge Kaplan has now appointed himself to mediate at least three New Jersey chapter 11 cases; previous appointments include Multi-Color and the Presperse asbestos case. Octus’ Americas Court Opinion Review discussed the judge’s previously unprecedented dual mediator/presiding judge role in the Multi-Color case on April 16.

A hearing on confirmation of the Del Monte debtors’ proposed plan of liquidation is scheduled for Tuesday, May 12, at 10 a.m. ET.

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