Casa Express Corp v. Bolivarian Republic of Venezuela

Background

The plaintiffs asked for permission under Federal Rule of Civil Procedure 15(a)(2) to file an amended third supplemental complaint. They described the dispute as arising from Venezuela’s default on bonds held by the plaintiffs. According to the plaintiffs’ letter, the court had previously granted them summary judgment and entered judgment in their favor, and the plaintiffs had filed supplemental complaints concerning additional missed payments.

The plaintiffs said their third supplemental complaint, filed on May 26, 2023, did not include interest payments that Venezuela missed afterward. The proposed amendment would add seven missed coupon payments worth approximately $13 million, bringing the total to 43 missed coupon payments and approximately $210 million, excluding prejudgment interest.

Arguments

The plaintiffs argued that Rule 15(a)(2) calls for permission to amend when justice requires it. They asserted that there was no valid reason to deny amendment: the amendment was not futile because the court had already established the elements of their claim in its summary-judgment decision; there was no bad faith because they were updating the complaint for additional missed payments; there was no undue delay because the latest payment at issue had recently become due; and there was no undue prejudice because Venezuela had not answered, moved to dismiss, or otherwise responded to the third supplemental complaint.

The plaintiffs also stated that, if the court allowed the amendment, they would withdraw their pending application for default judgment.

Ruling

Judge Analisa Torres granted the request. The court ordered the plaintiffs to file the amended third supplemental complaint and withdraw their pending application for default judgment by November 10, 2023. The text provided does not include a separate merits analysis beyond the plaintiffs’ description of the earlier summary-judgment ruling.