Contrarian Capital Management LLC, et al v. Bolivarian Republic of Venezuela
| BOLIVARIAN REPUBLIC OF VENEZUELA |
| CONTRARIAN CAPITAL MANAGEMENT LLC, CONTRARIAN CAPITAL FUND I, LP, CONTRARIAN CAPITAL SENIOR SECURED LP, CONTRARIAN EM II LP, CONTRARIAN EMERGING MARKETS LP, POLONIUS HOLDINGS LLC, CONTRARIAN FUNDS LLC and CONTRARIAN DOME DU GOUTER MASTER FUND LP |
| PETROLEOS DE VENEZUELA SA |
| 23-3144 |
| December 7, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 38 CLERK EVENT transcript by Court Reporter Deanna Warner in 23-3144, 23-3145, 23-3146, 23-3148, 23-3149, 23-3153, 23-3154 filed in District Court on 10/26/2023. Actual pages: 99. [23-3144, 23-3145, 23-3146, 23-3148, 23-3149, 23-3153, 23-3154] (PDB) [Entered: 01/30/2024 05:07 PM] |
| Filing 37 ECF FILER: LETTER from Attorney Christopher F. Cannataro, Esq. for Appellee Bolivarian Republic of Venezuela that the party will not be participating. Certificate of Service dated 01/25/2024. Service made by ECF. [23-3146]--[Edited 01/29/2024 by PDB] (CFC) [Entered: 01/25/2024 10:21 PM] |
Filing 36
ORDER (Clerk) In the first eleven of these appeals, the Clerk previously asked the parties to address this Court's appellate jurisdiction. The appeals will not be submitted to a motions panel for possible dismissal due to a jurisdictional defect at this time. The issue of jurisdiction is referred to the merits panel. This order does not represent a finding of jurisdiction in these matters. As in all cases, the panel of this Court that reviews the appeals on their merits will make a final determination of jurisdiction. Also in the first eleven appeals, PDVSA moved to stay merits briefing until after the Supreme Court decided whether to review OI European Group B.V. v. Bolivarian Republic of Venezuela, 73 F.4th 157 (3d Cir. 2023). The stay motion is denied as unnecessary because the Supreme Court denied certiorari on January 8, 2024. At the appropriate time, a briefing schedule will be issued in these thirteen appeals. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4) & 28(b). This order does not prevent the appellants from withdrawing their appeals in light of the Supreme Court's OI European Group B.V. decision (as PDVSA previously suggested it would do) or the appellees from moving for summary affirmance [23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152, 23-3153, 23-3154, 24-1071, 24-1096]. (PDB) [Entered: 01/25/2024 04:05 PM]
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| Filing 35 CLERK ORDER The appeals at Nos. 24-1071 and 24-1096 are consolidated for the purposes of scheduling and disposition with the eleven appeals at Nos. 23-3144 through 23-3154. [Please open the attachment for the full text of the Order] [23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152, 23-3153, 23-3154, 24-1071, 24-1096] (LMR) [Entered: 01/22/2024 11:56 AM] |
| Filing 34 ECF FILER: Letter dated 01/11/2024 , filed pursuant to Rule 28(j) from counsel for Appellees Contrarian Capital Fund I, LP, Contrarian Capital Management LLC, Contrarian Capital Senior Secured LP, Contrarian Dome du Gouter Master Fund LP, Contrarian EM II LP, Contrarian Emerging Markets LP, Contrarian Funds LLC and Polonius Holdings LLC in 23-3144, Appellee Contrarian Capital Management LLC in 23-3145, 23-3146. Service made by ECF. This document will be SENT TO THE MERITS PANEL. [23-3144, 23-3145, 23-3146] (JME) [Entered: 01/11/2024 03:12 PM] |
| Filing 33 FOLLOW UP LETTER to A. Thompson Bayliss, Esq. for Appellee Bolivarian Republic of Venezuela, Christopher F. Cannataro, Esq. for Appellee Bolivarian Republic of Venezuela and Donald B. Verrilli, Jr., Esq. for Appellee Bolivarian Republic of Venezuela requesting the following document(s): Appearance Form on or before 01/25/2024. (PDB) [Entered: 01/11/2024 11:00 AM] |
| Filing 32 TEXT ONLY ORDER (Clerk) in these cases the parties were directed to file responses addressing this Court's jurisdiction. All responses were due to be filed by 5:00 p.m. on January 2, 2024. Prior to the filing deadline several counsel contacted the Clerk's Office as they received an error when submitting the responses through the Court's CM/ECF system. The Clerk's Office staff identified that a problem existed with the filing event and worked to address the issue, but were unable to correct the problem prior to the 5:00 p.m. --[Edited 01/03/2024 by PD]deadline. In this instance the responses received on January 2, 2024 after the 5:00 p.m. deadline shall be considered timely as counsel contacted the Clerk's Office prior to the deadline, worked with Clerk's Office staff, and submitted the responses shortly after the deadline passed. [23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152, 23-3153, 23-3154] (PD) [Entered: 01/03/2024 02:39 PM] |
| Filing 31 ECF FILER: Response filed by Appellees Contrarian Capital Fund I, LP, Contrarian Capital Management LLC, Contrarian Capital Senior Secured LP, Contrarian Dome du Gouter Master Fund LP, Contrarian EM II LP, Contrarian Emerging Markets LP, Contrarian Funds LLC and Polonius Holdings LLC in 23-3144, Appellee Contrarian Capital Management LLC in 23-3145, 23-3146 to Response. Certificate of Service dated 01/02/2024. [23-3144, 23-3145, 23-3146] (JME) [Entered: 01/02/2024 04:48 PM] |
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Filing 30
ORDER to Court Reporter Deanna Warner directing transcripts, ordered on 12/27/2023 , to be filed by 01/29/2024. [23-3144, 23-3145, 23-3146, 23-3148, 23-3149, 23-3153, 23-3154] (PDB) [Entered: 12/27/2023 12:26 PM]
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| Filing 29 ECF FILER: Motion filed by Appellant Petroleos de Venezuela SA in 23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152 to stay briefing schedule. Certificate of Service dated 12/22/2023. Service made by ECF. [23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152] (JDP) [Entered: 12/22/2023 04:34 PM] |
| Filing 28 ECF FILER: Response filed by Appellees Contrarian Capital Fund I, LP, Contrarian Capital Management LLC, Contrarian Capital Senior Secured LP, Contrarian Dome du Gouter Master Fund LP, Contrarian EM II LP, Contrarian Emerging Markets LP, Contrarian Funds LLC and Polonius Holdings LLC in 23-3144, Appellee Contrarian Capital Management LLC in 23-3145, 23-3146 to clerk order advising of possible dismissal. Certificate of Service dated 12/22/2023. [23-3144, 23-3145, 23-3146] SEND TO THE MERITS PANEL.--[Edited 01/25/2024 by PDB] (JME) [Entered: 12/22/2023 04:29 PM] |
| Filing 27 ECF FILER: Response filed by Appellant Petroleos de Venezuela SA in 23-3144, 23-3145, 23-3146, 23-3148, 23-3147, 23-3149, 23-3150, 23-3151, 23-3152 to clerk order advising of possible dismissal. Certificate of Service dated 12/22/2023. [23-3144, 23-3145, 23-3146, 23-3148, 23-3147, 23-3149, 23-3150, 23-3151, 23-3152] SEND TO THE MERITS PANEL.--[Edited 01/25/2024 by PDB] (JDP) [Entered: 12/22/2023 03:04 PM] |
| Filing 26 ECF FILER: DISCLOSURE STATEMENT on behalf of Emma 1 Master Fund, L.P.. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:30 PM] |
| Filing 25 ECF FILER: DISCLOSURE STATEMENT on behalf of E1 SP, a Segregated Account of EMAP SPC. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:29 PM] |
| Filing 24 ECF FILER: DISCLOSURE STATEMENT on behalf of Boston Patriot Summer St LLC. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:28 PM] |
| Filing 23 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Petroleos de Venezuela SA advising this court that transcripts are needed. Requested date(s) are: September 12, 2023, to be filed by Deanna Warner. [23-3144] (JDP) [Entered: 12/21/2023 06:15 PM] |
| Filing 22 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Polonius Holdings LLC in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:13 PM] |
| Filing 21 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Funds LLC in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:12 PM] |
| Filing 20 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Emerging Markets LP in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:10 PM] |
| Filing 19 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian EM II LP in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:09 PM] |
| Filing 18 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Dome du Gouter Master Fund LP in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:08 PM] |
| Filing 17 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Capital Senior Secured LP in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:07 PM] |
| Filing 16 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Capital Management LLC in 23-3144, 23-3145, 23-3146. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:05 PM] |
| Filing 15 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Contrarian Capital Fund I, LP in 23-3144. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 06:02 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Lois S. Ahn on behalf of Appellee(s) Contrarian Cap. Mgmt., L.L.C., Contrarian Cap. Fund I, L.P., Contrarian Cap. Senior Secured, L.P., Contrarian EM II, LP, Contrarian Emerging Mkts., L.P., Polonius Holdings, LLC, Contrarian Funds, L.L.C., Contrarian Dome du Gouter Master Fund, LP et al.. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 05:59 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Mark W. Kelley on behalf of Appellee(s) Contrarian Cap. Mgmt., L.L.C., Contrarian Cap. Fund I, L.P., Contrarian Cap. Senior Secured, L.P., Contrarian EM II, LP, Contrarian Emerging Mkts., L.P., Polonius Holdings, LLC, Contrarian Funds, L.L.C., Contrarian Dome du Gouter Master Fund, LP et al.. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 05:58 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Justin M. Ellis on behalf of Appellee(s) Contrarian Cap. Mgmt., L.L.C., Contrarian Cap. Fund I, L.P., Contrarian Cap. Senior Secured, L.P., Contrarian EM II, LP, Contrarian Emerging Mkts., L.P., Polonius Holdings, LLC, Contrarian Funds, L.L.C., Contrarian Dome du Gouter Master Fund, LP et al.. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 05:56 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Steven F. Molo on behalf of Appellee(s) Contrarian Cap. Mgmt., L.L.C., Contrarian Cap. Fund I, L.P., Contrarian Cap. Senior Secured, L.P., Contrarian EM II, LP, Contrarian Emerging Mkts., L.P., Polonius Holdings, LLC, Contrarian Funds, L.L.C., Contrarian Dome du Gouter Master Fund, LP et al.. [23-3144, 23-3145, 23-3146] (SFM) [Entered: 12/21/2023 05:54 PM] |
| Filing 10 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Petroleos de Venezuela SA. [23-3144] (JDP) [Entered: 12/21/2023 01:34 PM] |
| Filing 9 ECF FILER: Concise Summary of the Case filed by Appellant Petroleos de Venezuela SA. [23-3144] (JDP) [Entered: 12/21/2023 01:32 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Aubre G. Dean on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3144] (AGD) [Entered: 12/21/2023 01:30 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Juan O. Perla on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3144] (JOP) [Entered: 12/21/2023 01:26 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Joseph D. Pizzurro on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3144] (JDP) [Entered: 12/21/2023 01:24 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Kevin A. Meehan on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3144] (KAM) [Entered: 12/21/2023 01:20 PM] |
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Filing 4
ORDER (Clerk) advising that the case has been listed for possible dismissal due to jurisdictional defect. In the event a briefing and schedule order issues in these eleven appeals, the appeals are consolidated for the purposes of scheduling, a single joint appendix, and disposition.[23-3144, 23-3145, 23-3146, 23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152, 23-3153, 23-3154] (See Order for Full Text). (PDB) [Entered: 12/08/2023 10:58 AM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (PDB) [Entered: 12/07/2023 03:19 PM] |
| Filing 2 PARTIAL RECORD available on District Court CM/ECF. (PDB) [Entered: 12/07/2023 03:19 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Petroleos de Venezuela SA in District Court No. 1-21-mc-00018. (PDB) [Entered: 12/07/2023 03:16 PM] |
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