Petroleos De Venezuela S.A. v. MUFG Union Bank, N.A.
- Katherine Failla
- 1:19-cv-10023
- U.S. District Court · Southern District of New York
- 4
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.
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
- Petroleos De Venezuela S.A. v. MUFG Union Bank, N.A. · No. 1:19-cv-10023
- Katherine Failla
- 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.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.