Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela
| BOLIVARIAN REPUBLIC OF VENEZUELA |
| SAINT GOBAIN PERFORMANCE PLASTICS EUROPE |
| PETROLEOS DE VENEZUELA SA |
| 23-3152 |
| December 8, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 25 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants' Petroleos de Venezuela SA and Bolivarian Republic of Venezuela due on or before 03/18/2024. Appendix due on or before 03/18/2024. [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: 02/05/2024 11:02 AM] |
| Filing 24 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 23
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 22 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 21 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 Stephen C. Childs, Esq. for Appellee Bolivarian Republic of Venezuela in 23-3147, Christopher F. Cannataro, Esq. for Appellee Bolivarian Republic of Venezuela, Stephen C. Childs, Esq. for Appellee Bolivarian Republic of Venezuela and Donald B. Verrilli, Jr., Esq. for Appellee Bolivarian Republic of Venezuela in 23-3148 requesting the following document(s): Appearance Form on or before 01/25/2024. [23-3147, 23-3148, 23-3149, 23-3150, 23-3151, 23-3152, 23-3153, 23-3154] (PDB) [Entered: 01/11/2024 11:35 AM] |
| Filing 20 ECF FILER: Letter dated 01/10/2024 , filed pursuant to Rule 28(j) from counsel for Appellee Saint Gobain Performance Plastics Europe. Service made by ECF. This document will be SENT TO THE MERITS PANEL. [23-3152] (AAY) [Entered: 01/10/2024 05:56 PM] |
| Filing 19 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 18 ECF FILER: Opposition to Petroleos de Venezuela, S.A.'s Motion for a Stay of Briefing filed by Appellee Saint Gobain Performance Plastics Europe. Certificate of Service dated 01/03/2024. Service made by ECF, Email. [23-3152] (AAY) [Entered: 01/03/2024 12:10 PM] |
| Filing 17 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 16 ECF FILER: Response filed by Appellee Saint Gobain Performance Plastics Europe to clerk order. Certificate of Service dated 12/22/2023. [23-3152] SEND TO THE MERITS PANEL.--[Edited 01/25/2024 by PDB] (AAY) [Entered: 12/22/2023 04:16 PM] |
| Filing 15 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 14 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Saint Gobain Performance Plastics Europe. [23-3152] (AAY) [Entered: 12/22/2023 12:56 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Alexander A. Yanos on behalf of Appellee(s) SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE. [23-3152] (AAY) [Entered: 12/21/2023 06:20 PM] |
| Filing 12 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Petroleos de Venezuela SA advising this court that transcripts are not needed. [23-3152] (JDP) [Entered: 12/21/2023 04:55 PM] |
| Filing 11 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Petroleos de Venezuela SA. [23-3152] (JDP) [Entered: 12/21/2023 04:14 PM] |
| Filing 10 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Petroleos de Venezuela SA. [23-3152] (JDP) [Entered: 12/21/2023 04:13 PM] |
| Filing 9 ECF FILER: Concise Summary of the Case filed by Appellant Petroleos de Venezuela SA. [23-3152] (JDP) [Entered: 12/21/2023 04:12 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Aubre G. Dean on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3152] (AGD) [Entered: 12/21/2023 04:10 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Juan O. Perla on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3152] (JOP) [Entered: 12/21/2023 04:07 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Kevin A. Meehan on behalf of Appellant(s) Petroleos de Venezuela, s.A.. [23-3152] (KAM) [Entered: 12/21/2023 04:05 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Joseph D. Pizzurro on behalf of Appellant(s) Petroleos de Venezuela, S.A.. [23-3152] (JDP) [Entered: 12/21/2023 04:02 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: 12/08/2023 09:40 AM] |
| Filing 2 PARTIAL RECORD available on District Court CM/ECF. (PDB) [Entered: 12/08/2023 09:40 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Petroleos de Venezuela SA in District Court No. 1-23-mc-00397. (PDB) [Entered: 12/08/2023 09:36 AM] |
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