Retter v. Bolivarian Republic of Venezuela

Background

Daniel Retter moved for default judgment against the Bolivarian Republic of Venezuela. The opinion identifies the underlying claim as a breach-of-contract claim.

Legal standard

Because Venezuela is a foreign state, the court applied the Foreign Sovereign Immunities Act (FSIA). Under 28 U.S.C. § 1608(e), a court may not enter default judgment against a foreign state unless the claimant establishes the claim or right to relief with evidence satisfactory to the court. The court explained that it cannot simply accept unsupported allegations in the complaint. Instead, the factual allegations must be uncontested and supported by documents and sworn statements.

Court’s action

The court observed that Retter’s motion included a declaration from his counsel rather than from Retter himself. Although the declaration attached relevant exhibits, it did not address the factual allegations in the amended complaint. The court therefore directed Retter’s counsel to be prepared at the scheduled default-judgment hearing to explain whether Retter had submitted enough documentary and sworn evidence to establish the elements of his breach-of-contract claim.

The court also stated that, if Retter wanted to submit additional documentary or sworn evidence—such as an affidavit from Retter supporting the amended complaint’s factual allegations—he could file a status letter by June 26, 2023, at 5:00 p.m. If he made that request, the court would adjourn the June 27, 2023 hearing and set a schedule for supplemental submissions. This order did not grant or deny the motion for default judgment.