Crystallex International Corporation v. Bolivarian Republic of Venezuela

Filing 174

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Stay is LIFTED; A briefing schedule is set and an Oral Argument is set for July 17, 2020 at 10:00 AM in Courtroom 6B. Signed by Judge Leonard P. Stark on 5/22/20. (ntl)

Case 1:17-mc-00151-LPS Document 174 Filed 05/22/20 Page 1 of 3 PageID #: 5215

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
____________________________________________________________________________
CRYSTALLEX INTERNATIONAL
:
CORPORATION,
:
:
Plaintiff,
:
:
v.
:
C.A. No. 17-mc-151-LPS
:
BOLIVARIAN REPUBLIC OF VENEZUELA,
:
:
Defendant.
:
____________________________________________________________________________
MEMORANDUM ORDER
Having reviewed the parties’ letters (see D.I. 167, 168, 169, 170, 171), and recognizing
that on May 18, 2020 the United States Supreme Court denied the petition for certiorari filed by
the Bolivarian Republic of Venezuela (“Venezuela”) and Petróleos de Venezuela, S.A.
(“PDVSA”),
IT IS HEREBY ORDERED that:
1.

Consistent with the Court’s prior Orders (see D.I. 154, 166), the STAY of this

action is LIFTED.
2.

PDV Holding, Inc. (“PDVH”) shall answer the writ of attachment by no later than

June 5, 2020.
3.

The parties/intervenors shall file simultaneous briefs on (a) the mechanics by

which the sale of PDVH is to occur, (b) any Rule 60(b) motion or motion to quash or for
reconsideration, and (c) any other issue that any party reasonably foresees may interfere with the
Court expeditiously proceeding to enforce its prior orders, consistent with the following:

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(i)

Disputes regarding mechanics of the sale and any other issue(s): Simultaneous

opening briefs, not to exceed twenty (20) pages per side, due June 19, 2020; answering briefs,
not to exceed twenty (20) pages per side, due July 10; reply briefs, not to exceed ten (10) pages
per side, due July 20.
(ii)

Rule 60(b)motion/motion to quash/motion for reconsideration: Opening brief, not

to exceed twenty (20) pages, due June 19, 2020; answering brief, not to exceed twenty (20)
pages, due July 10; reply brief, not to exceed ten (10) pages, due July 20.
4.

The Court will hear argument on any issues briefed according to the foregoing

schedule on July 17 at 10:00 a.m. If the argument cannot be conducted in the courtroom, it will
proceed by teleconference.
In crafting this Memorandum Order, the Court has carefully considered the arguments
made in the recent letters and agrees with each of the following contentions of Plaintiff
Crystallex International Corp. (“Crystallex”):
•

“The parties’ letters make their positions clear” (D.I. 171 at 2), so there is no need
to direct a meet and confer in this action at this time, which would only lead to
further delay.

•

“Any further motions by Venezuela and PDVSA should be resolved in
conjunction with setting the procedures for the [sale], and only after PDVH has
answered the writ of attachment.” (D.I. 167 at 2)

•

“No Executive Branch order or regulation prohibits this Court from moving
forward in determining how the attached shares will be sold.” (D.I. 171 at 2)

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•

“Preparing for . . . a sale now will help to maximize the value of PDVH and its
subsidiaries while reducing the prejudice that unnecessary delay will cause to
Crystallex.” (D.I. 167 at 2)

•

“If the Executive Branch wants to be heard in this matter it will so inform the
Court.” (D.I. 171 at 2)

Finally, the Court is mindful of the direction of the Court of Appeals for the Third
Circuit, which is no longer subject to appellate review:

Venezuela owes Crystallex from a judgment that has been
affirmed in our courts. Any outcome where Crystallex is not paid
means that Venezuela has avoided its obligations.

Crystallex Int’l Corp. v. Bolivarian Republic of Venezuela, 932 F.3d 126, 149 (3d Cir. 2019),
cert. denied, 2020 WL 2515508 (May 18, 2020).

________________________________
HONORABLE LEONARD P. STARK
UNITED STATES DISTRICT COURT

May 22, 2020
Wilmington, Delaware

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