Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.OtherFiled July 13, 2020

Petroleos De Venezuela S.A. v. MUFG Union Bank, N.A.

Judge
Katherine Failla
Docket
1:19-cv-10023
Court
U.S. District Court · Southern District of New York
Pages
4
Civil Procedure
In one sentence

In Petroleos De Venezuela S.A. v. MUFG Union Bank, Judge Failla said she had enough materials to decide a request about publicly identifying defendants’ Venezuelan-law expert and needed no reply.

Who this affects

The parties, defendants’ Venezuelan-law expert, and the public’s access to the expert’s identity in the court record.

What happened

Petroleos De Venezuela S.A. v. MUFG Union Bank, N.A. concerns plaintiffs’ request to publicly disclose the identity of defendants’ Venezuelan-law expert.

Defendants opposed the request, arguing that disclosure could expose the expert and the expert’s family to retaliation and would serve little public interest because the expert’s opinions and supporting materials were already public.

Judge Katherine Polk Failla stated that the court had the information needed to decide the motion and that no additional response was required. The text provided does not show whether the court granted or denied the request.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Petroleos De Venezuela S.A. v. MUFG Union Bank, N.A. · No. 1:19-cv-10023
Judge
Katherine Failla
Date
July 13, 2020

Background

The provided filing is defendants’ opposition to plaintiffs’ request to disclose on the public docket the identity of defendants’ Venezuelan-law expert. Defendants asked the court to keep the expert’s name redacted.

Parties’ positions

Defendants argued that the expert had reasonable safety concerns because of Venezuela’s political and security conditions. They stated that the expert lives and practices law in Caracas, while the expert’s family, students, and colleagues remain in Venezuela. Defendants also argued that public disclosure could lead to retaliation by people associated with either the Guaidó administration or the Maduro regime.

Defendants further argued that the public interest did not require disclosure because the expert’s opinions, exhibits, and supporting materials were already publicly available; plaintiffs knew the expert’s identity; and plaintiffs had been able to challenge the expert’s opinions through rebuttal reports and sworn declarations. Defendants proposed alternatives such as not using the expert’s name in open court or closing the courtroom only when the identity might be revealed.

Court’s action

Judge Katherine Polk Failla stated that the court had all the information it needed to decide the motion and advised the parties that no further response was required. The text provided does not include an order granting or denying plaintiffs’ request, so the ultimate disposition of the request cannot be determined from this text.

Result

The record shown is an opposition filing followed by the court’s direction that no reply was required. It does not show a final ruling on whether the expert’s identity would remain redacted.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.