CRYSTALLEX INTERNATIONAL CORPORATION v. BOLIVARIAN REPUBLIC OF VENEZUELA; CITGO PETROLEUM CORPORATION; PDV HOLDING, INC.; PETROLEOS DE VENEZUELA, S.A., (Intervenors in D.C.); Citgo Petroleum Corporation and PDV Holding, Inc., Appellants in No. 21-1276; Petróleos De Venezuela, S.A., Appellant in No. 21-1277; Bolivarian Republic of Venezuela, Appellant in No. 21-1289, 24 F.4th 242

Summary

HOLDINGS: [1]-The appellate court lacked jurisdiction over the refusal to quash under that practical test because the litigation remained ongoing as the District Court must, at the very least, still rule on pending legal objections to the special master's recommended judicial sale procedures; [2]-The District Court's judicial role in the civil action was far from over as it was proceeding through a judicial sale, not an execution sale, and the sale process raised several legal questions; [3]-Venezuela's assertion that a contingent auction would violate regulations was unripe for resolution in the appeal because it would be decided in the final sale procedures order; [4]-The preliminary order would decide how far was too far in the forthcoming order on sale procedures, and it was not collateral to the pending procedures.