Lovati et al v. The Bolivarian Republic of Venezuela
| Rudi Lovati and Alessandro Lucibello Piani |
| The Bolivarian Republic of Venezuela |
| 1:2023mc00340 |
| July 13, 2023 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORAL ORDER, for the reasons stated on the record during today's hearing, IT IS HEREBY ORDERED that the Venezuela Parties' request for certification of an interlocutory appeal from the Court's November 1 memorandum opinion and order (Misc. Nos. 19-79 D.I. 86; 21-18 D.I. 76; 22-131 D.I. 75; 22-263 D.I. 75; 23-298 D.I. 48; 23-340 D.I. 34; 23-360 D.I. 35; 23-361 D.I. 35; 23-378 D.I. 32; 23-379 D.I. 30; 23-397 D.I. 22) is DENIED. Ordered by Judge Leonard P. Stark on 12/14/2023. Associated Cases: 1:19-mc-00079-LPS et al.(mpb)
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Filing 47
ORDER granting 23-mc-340 D.I. 46 Unopposed Motion for Exemption of Persons from the District Court of Delaware's May 15, 2023 Standing Order on Personal Devices. Signed by Judge Leonard P. Stark on 12/14/2023. (smg)
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Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 12/14/2023. (Court Reporter Bonnie Archer.) Associated Cases: 1:19-mc-00079-LPS et al.(mpb)
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Filing 46
Unopposed MOTION Intervenor Petrololeos de Venezuela, S.A. Motion for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Petroleos de Venezuela, S.A.. (Attachments: #1 [PROPOSED] ORDER)(Hirzel, Samuel)
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Filing 45
Letter to The Honorable Leonard P. Stark from Christopher Fitzpatrick Cannataro, Esq. regarding dial-in information for the in-person omnibus hearing scheduled for December 14, 2023 at 2:00 p.m. ET. (Cannataro, Christopher)
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Filing 44
SUR-REPLY BRIEF re #34 REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by Rudi Lovati. (Attachments: #1 Exhibit Exhibit 1 to Sur Reply Brief)(Wrobel, Mackenzie)
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Filing 43
Letter to The Honorable Leonard P. Stark from Christopher Fitzpatrick Cannataro, Esq. regarding Hearing Scheduled for December 14, 2023 at 2:00 p.m. ET. (Cannataro, Christopher)
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REMARK: The hearing scheduled for December 14, 2023 will take place in Courtroom 2A. Associated Cases: 1:19-mc-00079-LPS et al.(smg)
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Filing 42
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #38 Notice of Appeal (Third Circuit) filed by Petroleos de Venezuela, S.A.. USCA Case Number 23-3147. USCA Case Manager: Pamela (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (pb, )
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Filing 41
REPLY BRIEF re #34 REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by Petroleos de Venezuela, S.A., The Bolivarian Republic of Venezuela. (Cannataro, Christopher)
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Filing 40
IT IS HEREBY ORDERED that (1) the Venezuela Parties shall include in their forthcoming reply brief (limited to 10 pages) on their request for certification of an interlocutory appeal, to be filed by NO LATER THAN Thursday, December 7, a discussion of the impact (on the Court's jurisdiction and on the merits of the request), if any, of the filing of the notice of appeal from the Court's November 1 memorandum opinion and order; (2) the creditors shall, by no later than Tuesday, December 12, file a sur-reply brief (limited to 5 pages), addressing only the impact, if any, of the notice of appeal; (3) the Court will hear argument on the request for certification of an interlocutory appeal (Misc. Nos. 19-79 D.I. 86; 21-18 D.I. 76; 22-131 D.I. 75; 22-263 D.I. 75; 23-298 D.I. 48; 23-340 D.I. #34 ; 23-360 D.I. 35; 23-361 D.I. 35; 23-378 D.I. 32; 23-379 D.I. 30; 23-397 D.I. 22) on Thursday, December 14 at 2:00 p.m. in a courtroom to be determined in the J. Caleb Boggs Federal Building in Wilmington, Delaware. Each side (that is, all creditors on the one hand, and the Venezuela Parties on the other) will be allocated 20 minutes for its argument. Signed by Judge Leonard P. Stark on 12/4/2023. (apk)
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Filing 39
ANSWERING BRIEF in Opposition re #34 REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals Seven Creditors' Brief in Opposition to the Venezuela Parties' Motion for Certification of an Interlocutory Appeal filed by Rudi Lovati, Alessandro Lucibello Piani.Reply Brief due date per Local Rules is 12/8/2023. (Wrobel, Mackenzie)
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Filing 38
NOTICE OF APPEAL of #31 Memorandum Opinion, 37 SO ORDERED,, Order Setting Briefing Schedule, . Appeal filed by Petroleos de Venezuela, S.A.. (Hirzel, Samuel)
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APPEAL - Credit Card Payment received re #38 Notice of Appeal (Third Circuit) filed by Petroleos de Venezuela, S.A.. ( Filing fee $605, receipt number ADEDC-4284493.) (Hirzel, Samuel)
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Filing 37
SO ORDERED, regarding D.I. #36 STIPULATION TO EXTEND TIME for Plaintiffs to move, answer, or otherwise respond to the Venezuela Parties Motion for Certification of an Interlocutory Appeal (D.I. 34) to December 1, 2023 (Answering Brief due 12/1/2023) Signed by Judge Leonard P. Stark on 11/22/2023. (apk)
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Filing 36
STIPULATION TO EXTEND TIME for Plaintiffs to move, answer, or otherwise respond to the Venezuela Parties Motion for Certification of an Interlocutory Appeal (D.I. 34) to December 1, 2023 - filed by Rudi Lovati, Alessandro Lucibello Piani. (Wrobel, Mackenzie)
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CORRECTING ENTRY: D.I. 37 has been corrected to reflect D.I. #36 as "so ordered." (apk)
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Filing 35
OPENING BRIEF in Support re #34 REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by The Bolivarian Republic of Venezuela.Answering Brief/Response due date per Local Rules is 11/27/2023. (Cannataro, Christopher)
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Filing 34
REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals - filed by Bolivarian Republic of Venezuela, The Bolivarian Republic of Venezuela, Bolivarian Republic of Venezuela. (Attachments: #1 [Proposed] Order)(Cannataro, Christopher)
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Filing 33
Letter to The Honorable Leonard P. Stark from Mackenzie M. Wrobel, Esquire regarding Summary of Lovati Progress Regarding Step 5 - re (29 in 1:23-mc-00340-LPS) Statement, (28 in 1:23-mc-00340-LPS) Oral Order,,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wrobel, Mackenzie)
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Filing 32
ORDER resolving pending motions re Memorandum Opinion entered today. Signed by Judge Leonard P. Stark on 11/1/2023. (apk)
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Filing 31
MEMORANDUM OPINION re pending motions. Signed by Judge Leonard P. Stark on 11/1/2023. (apk)
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Filing 30
NOTICE of Withdrawal of Appearance of Stephen C. Childs by The Bolivarian Republic of Venezuela (Bayliss, A.)
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Filing 29
STATEMENT re (738 in 1:17-mc-00151-LPS) Memorandum and Order,,,,,,,,,,,, Summary of Dates pursuant to which Rudi Lovati and Alessandro Lucibello Piani completed certain of the Steps Leading to Participation in Sale by Rudi Lovati, Alessandro Lucibello Piani, Alessandro Lucibello Piani. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Wrobel, Mackenzie)
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Filing 28
ORAL ORDER: The Court having docketed a memorandum order today in the Crystallex Action (Misc. No. 17-151-LPS D.I. 738), IT IS HEREBY ORDERED that: (1) such order shall be fully applicable in the instant action, including with respect to the setting of the Step 5 and Step 7 deadlines as well as the procedures for implementing priority of judgments; (2) any party seeking to become an Additional Judgment Creditor SHALL file on the docket of the Crystallex Action, no later than three (3) business days after entry of this oral order, a summary of the dates of all completed Steps, as outlined in the July 27 Order (docketed at Misc. No. 17-151-LPS D.I. 646 at 3-7), including supporting documentation sufficient to support the partys representations; and (3) each party seeking to become an Additional Judgment Creditor SHALL make further filings on the docket of the Crystallex Action indicating any additional Step completed no later than three (3) business days after the completion of such additional Step, including supporting documentation sufficient to support the partys representations. Signed by Judge Leonard P. Stark on 10/11/2023. (apk)
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Filing 27
Unopposed MOTION for Leave to File Defendant Bolivarian Republic of Venezuela and Intervenor Petrleos de Venezuela, S.A.'s Surreply in Opposition to Plaintiffs Motion for an Order Conditionally Authorizing the Issuance and Service of a Writ of Attachment Fieri Facias - filed by The Bolivarian Republic of Venezuela. (Attachments: #1 Attachment, #2 Text of Proposed Order)(Cannataro, Christopher)
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Filing 26
REPLY to Response to Motion re #18 Cross MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter Intervenor Petroleos De Venezuela, S.A.'s Cross-Motion to Dismiss for Lack of Jurisdiction PDVSA's Reply in Support of its Cross-Motion to Dismiss filed by Petroleos de Venezuela, S.A.. (Hirzel, Samuel)
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Filing 25
REPLY BRIEF re #2 MOTION for Writ re: Attachment Fieri Facias Plaintiffs Reply Brief in Further Support of Motion for an Order Conditionally Authorizing the Issuance and Service of a Writ of Attachment Fieri Facias filed by Rudi Lovati, Alessandro Lucibello Piani. (Attachments: #1 Certificate of Compliance)(Carignan, James)
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Filing 24
ANSWERING BRIEF in Opposition re #2 MOTION for Writ re: Attachment Fieri Facias, #18 Cross MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter Intervenor Petroleos De Venezuela, S.A.'s Cross-Motion to Dismiss for Lack of Jurisdiction Plaintiffs' Opposition to the Memorandum of Law of Petroleos De Venezuela, S.A. in Support of Cross-Motion to Dismiss for Lack of Jurisdiction and in Opposition to Plaintiff's Motion for a Writ of Attachment filed by Rudi Lovati, Alessandro Lucibello Piani.Reply Brief due date per Local Rules is 9/25/2023. (Attachments: #1 Certificate of Compliance)(Timlin, Tracey)
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Filing 23
NOTICE of Appearance by Mackenzie Marie Wrobel on behalf of Rudi Lovati, Alessandro Lucibello Piani (Wrobel, Mackenzie)
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Filing 22
NOTICE of Appearance by Tracey E. Timlin on behalf of Rudi Lovati, Alessandro Lucibello Piani (Timlin, Tracey)
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Filing 21
DECLARATION re #20 Answering Brief in Opposition, /Declaration of Christopher Fitzpatrick Cannataro by The Bolivarian Republic of Venezuela. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cannataro, Christopher)
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Filing 20
ANSWERING BRIEF in Opposition re #2 MOTION for Writ re: Attachment Fieri Facias /Brief of Bolivarian Republic of Venezuela in Opposition to Plaintiff's Motion for an Order Conditionally Authorizing the Issuance and Service of a Writ of Attachment Fieri Facias filed by The Bolivarian Republic of Venezuela.Reply Brief due date per Local Rules is 9/8/2023. (Cannataro, Christopher)
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Filing 19
OPENING BRIEF in Support re #18 Cross MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter Intervenor Petroleos De Venezuela, S.A.'s Cross-Motion to Dismiss for Lack of Jurisdiction, #2 MOTION for Writ re: Attachment Fieri Facias Memorandum of Law in Support of Intervenor Petroleos De Venezuela, S.A.'s Cross-Motion to Dismiss for Lack of Jurisdiction and in Opposition to Plaintiff's Motion for Writ of Attachment filed by Petroleos de Venezuela, S.A..Answering Brief/Response due date per Local Rules is 9/15/2023. (Hirzel, Samuel)
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Filing 18
Cross MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter Intervenor Petroleos De Venezuela, S.A.'s Cross-Motion to Dismiss for Lack of Jurisdiction - filed by Petroleos de Venezuela, S.A.. (Attachments: #1 [PROPOSED] ORDER)(Hirzel, Samuel)
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Pro Hac Vice Attorney Donald B. Verrilli, Jr, Adeel Mohammadi, and George M. Garvey for Bolivarian Republic of Venezuela,added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:23-mc-00360-LPS, 1:23-mc-00340-LPS, 1:23-mc-00361-LPS(smg)
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Pro Hac Vice Attorney Allesandra D. Tyler, Juan O. Perla, Kevin A. Meehan, Aubre G. Dean, and Joseph D. Pizzurro for Petroleos de Venezuela, S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (smg)
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Filing 17
NOTICE of Appearance by Christopher Fitzpatrick Cannataro on behalf of The Bolivarian Republic of Venezuela (Cannataro, Christopher)
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Filing 16
MOTION for Extension of Time to Motion of Rudi Lovati and Alessandro Lucibello Piani to Extend Deadline for Submission of Attached Judgment Statement - filed by Rudi Lovati, Alessandro Lucibello Piani. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order)(Carignan, James)
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SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Donald B. Verrilli, Jr., George M. Garvey, and Adeel Mohammadi filed by The Bolivarian Republic of Venezuela. Signed by Judge Leonard P. Stark on 8/28/23. (ntl)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Donald B. Verrilli, Jr., George M. Garvey, and Adeel Mohammadi - filed by The Bolivarian Republic of Venezuela. (Attachments: #1 Certification of Donald B. Verrilli, Jr., #2 Certification of George M. Garvey, #3 Certification of Adeel Mohammadi)(Bayliss, A.)
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Filing 14
MOTION for Pro Hac Vice Appearance of Attorney Joseph D. Pizzurro, Kevin A. Meehan and Juan O. Perla, Aubre G. Dean, and Allesandra D. Tyler of Curtis, Mallet-Prevost, Colt & Mosle LLP - filed by Petroleos de Venezuela, S.A.. (Hirzel, Samuel)
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Joseph D. Pizzurro, Kevin A. Meehan and Juan O. Perla, Aubre G. Dean, and Allesandra D. Tyler of Curtis, Mallet-Prevost, Colt & Mosle LLP filed by Petroleos de Venezuela, S.A. Signed by Judge Leonard P. Stark on 8/25/23. (ntl)
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Filing 13
NOTICE of Attached Judgment Statement of Rudi Lovati and Alessandro Lucibello Piani by Rudi Lovati, Alessandro Lucibello Piani (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C")(Carignan, James)
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Filing 12
ORAL ORDER: The Court today having granted the parties' stipulations, IT IS HEREBY ORDERED that in the forthcoming briefing the parties shall include a discussion of whether the creditor has filed an Attached Judgment Statement (see Misc. No. 17-151 D.I. 481 para. 32; D.I. 652; D.I. 654) and what impact, if any, the creditor's action or inaction in that regard should have on how this case proceeds. ORDERED by Judge Leonard P. Stark on 8/23/23. (ntl)
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SO ORDERED, re #10 STIPULATION Regarding Intervention and Briefing Schedule filed by The Bolivarian Republic of Venezuela; #11 STIPULATION and [Proposed] Order Concerning Foreign Sovereign Immunities Act Issues filed by The Bolivarian Republic of Venezuela. Signed by Judge Leonard P. Stark on 8/23/23. (ntl)
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Filing 11
STIPULATION and [Proposed] Order Concerning Foreign Sovereign Immunities Act Issues by The Bolivarian Republic of Venezuela. (Childs, Stephen)
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Filing 10
STIPULATION Regarding Intervention and Briefing Schedule by The Bolivarian Republic of Venezuela. (Childs, Stephen)
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Filing 9
NOTICE of Appearance by Stephen C. Childs on behalf of The Bolivarian Republic of Venezuela (Childs, Stephen)
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Filing 8
NOTICE of Appearance by A. Thompson Bayliss on behalf of The Bolivarian Republic of Venezuela (Bayliss, A.)
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Filing 7
NOTICE of Appearance by Brendan McDonnell on behalf of Petroleos de Venezuela, S.A. (McDonnell, Brendan)
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Filing 6
NOTICE of Appearance by Samuel Taylor Hirzel, II on behalf of Petroleos de Venezuela, S.A. (Hirzel, Samuel)
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Filing 5
Letter to Clerk of the Court from James C. Carignan, Esq. (Counsel for Plaintiffs Rudi Lovati and Alessandro Lucibello Piani) regarding Related Cases - re #2 MOTION for Writ re: Attachment Fieri Facias. (Carignan, James)
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Case Assigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit (due to related cases). Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
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Filing 4
DECLARATION re #2 MOTION for Writ re: Attachment Fieri Facias, #3 Opening Brief in Support, Declaration of James C. Carignan by Rudi Lovati, Alessandro Lucibello Piani. (Attachments: #1 Exhibit 1 - 7)(Carignan, James)
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Filing 3
OPENING BRIEF in Support re #2 MOTION for Writ re: Attachment Fieri Facias Memorandum of Law in Support of Plaintiffs' Motion for an Order Conditionally Authorizing the Issuance and Service of a Writ of Attachment Fieri Facias filed by Rudi Lovati, Alessandro Lucibello Piani.Answering Brief/Response due date per Local Rules is 8/16/2023. (Attachments: #1 Certificate of Compliance)(Carignan, James)
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Filing 2
MOTION for Writ re: Attachment Fieri Facias - filed by Rudi Lovati, Alessandro Lucibello Piani. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Compliance)(Carignan, James)
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Remark: Case submitted for routine judicial assignment. (smg)
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Filing 1
REGISTRATION of Foreign Judgment in Favor of Rudi Lovati and Alessandro Lucibello Piani and Against The Bolivarian Republic of Venezuela in the Amount of (See Judgment) ( Filing fee $ 49, receipt number ADEDC-4178308) - filed by Rudi Lovati, Alessandro Lucibello Piani. (Attachments: #1 AO 451 Form)(mpb)
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CASE CLOSED (mpb)
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