PDB Limited v. Petroleos De Venezuela S.A.
PDB Limited v. Petroleos De Venezuela S.A.
Trial Court Opinion
UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT PDB LIMITED, ELECTRONICALLY FILED DOC #: Plaintiff, DATE FILED: _ 6/27/2024 -against- PETROLEOS DE VENEZUELA S.A. and PDVSA 23 Civ. 10843 (AT) PETROLEO, S.A., ORDER Defendants. ANALISA TORRES, District Judge: The Court has reviewed the parties’ joint letter dated June 26, 2024. ECF No. 28. It is “well established that default judgments are disfavored,” and that there is a strong preference for resolving disputes on the merits. Pecarsky v. Galaxiworld.com, Ltd.,
249 F.3d 167, 174(2d Cir. 2001). “[W]hen doubt exists as to whether a default should be granted or vacated, the doubt should be resolved in favor of the defaulting party.” Enron Oil Corp. v. Diakuhara,
10 F.3d 90, 96(2d Cir. 1993). Accordingly, because Defendants have now appeared and raised defenses to this action, the certificate of default at ECF No. 18 is VACATED. Further: 1. Defendant Petrdleos de Venezuela, S.A.’s request to file a motion to dismiss for lack of personal jurisdiction is GRANTED; 2. By August 5, 2024, Defendant shall file its motion papers; 3. By August 26, 2024, Plaintiff shall file its opposition papers; and 4. By September 9, 2024, Defendant shall file its reply, if any. SO ORDERED. Dated: June 27, 2024 New York, New York }- ANALISA TORRES United States District Judge
Reference
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