PDB Limited v. Petroleos De Venezuela S.A.
- Analisa Torres
- 1:23-cv-10843
- U.S. District Court · Southern District of New York
- 1
In PDB Limited v. Petroleos De Venezuela S.A., Judge Torres vacated the default and allowed a defendant to seek dismissal for lack of personal jurisdiction.
PDB Limited and the defendants, Petroleos De Venezuela S.A. and PDVSA Petroleo, S.A.
What happened
In PDB Limited v. Petroleos De Venezuela S.A., the court reviewed the parties’ joint letter after the defendants appeared and raised defenses.
The court vacated the certificate of default. It also granted the defendant’s request to file a motion to dismiss for lack of personal jurisdiction and set deadlines for the motion, opposition, and reply.
Judge Analisa Torres did not decide whether the court has personal jurisdiction. The order instead allowed that issue to be presented through a motion to dismiss.
The detailed version
- PDB Limited v. Petroleos De Venezuela S.A. · No. 1:23-cv-10843
- Analisa Torres
- June 27, 2024
Background
The court reviewed the parties’ joint letter dated June 26, 2024. The defendants had appeared and raised defenses to the action. The court noted that default judgments are disfavored and that disputes are generally preferred to be resolved on their merits.
Rulings
The court VACATED the certificate of default at ECF No. 18. It also GRANTED the defendant’s request to file a motion to dismiss for lack of personal jurisdiction, which is the court’s authority over the defendant in the case.
The order set these deadlines: the defendant’s motion papers were due by August 5, 2024; PDB Limited’s opposition papers were due by August 26, 2024; and the defendant’s reply, if any, was due by September 9, 2024.
What the Order Did Not Decide
The court did not decide whether personal jurisdiction exists. It only permitted the defendant to raise that issue in a motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.