Petroleos De Venezuela S.A. et al v. MUFG Union Bank, N.A. et al, No. 1:2019cv10023 - Document 219 (S.D.N.Y. 2020)
Court Description: AMENDMENT TO STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The Court's Opinion and Order of October 16, 2020, obligated Defendants tofile a motion for fees and expenses and a proposed judgment within 45 days.(Dkt. #215). Since then, Plaintiffs have filed a notice of appeal with theSecond Circuit. (Dkt. #217). The Court still requires a proposed judgmenton or before November 30, 2020, but now questions the utility of a feepetition during the pendency of Plaintiffs' appeal. Accordingly, the Courtdirects the parties to meet and confer on the issue of whether the feepetition can and should be deferred pending the resolution of Plaintiffs'appeal, and to submit a joint letter to the Court on that issue on or beforeNovember 30, 2020. (Signed by Judge Katherine Polk Failla on 11/24/2020) (rro)
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Petroleos De Venezuela S.A. et al v. MUFG Union Bank, N.A. et al Doc. 219 Case 1:19-cv-10023-KPF Document 219 Filed 11/24/20 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PETRÓLEOS DE VENEZUELA, S.A., PDVSA PETRÓLEO, S.A., and PDV HOLDING, INC., Plaintiffs and Counterclaim Defendants, - against MUFG UNION BANK, N.A. and GLAS AMERICAS LLC, No. 19 Civ. 10023 (KPF) MEMO ENDORSED Defendants and Counterclaim Plaintiffs. [PROPOSED] AMENDMENT TO STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER WHEREAS, Plaintiffs and Counterclaim Defendants Petróleos De Venezuela, S.A., PDVSA Petróleo, S.A., and PDV Holding, Inc. and Defendants and Counterclaim Plaintiffs MUFG Union Bank, N.A. (the “Trustee”) and GLAS Americas LLC (the “Collateral Agent”; collectively, the “Parties)” entered into a Stipulated Confidentiality Agreement and Protective Order (“Protective Order”), which was so-ordered by this Court on February 10, 2020 (ECF No. 53); WHEREAS, the Protective Order provides for amendment by agreement of the parties and further order of the Court as necessary to allow for the continued protection and use of information subject to any applicable privileges or protections; and WHEREAS, the Parties, through counsel, wish to amend the Protective Order to protect confidential information that may be disclosed in connection with the Trustee and Collateral Agent’s motion for entry of a judgment and for fees and expenses (the “Fee Application”); Dockets.Justia.com Case 1:19-cv-10023-KPF Document 219 Filed 11/24/20 Page 2 of 3 IT IS HEREBY STIPULATED AND AGREED that all materials filed or served in connection with the Fee Application (including any further submissions in opposition or in support) shall be deemed “Discovery Materials” for all purposes under the Protective Order. Accordingly, and without limiting the foregoing, such materials may be designated Confidential or Attorneys’ Eyes Only in accordance with the Protective Order. Dated: New York, New York November 23, 2020 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP LATHAM & WATKINS LLP By: By: s/ Jonathan H. Hurwitz Walter Rieman William A. Clareman Roberto J. Gonzalez Jonathan H. Hurwitz Shane D. Avidan Zachary B. Kaye s/Christopher J. Clark Christopher J. Clark Matthew S. Salerno Sean H. McMahon 885 Third Avenue New York, New York 10022 Telephone: 212-906-1200 chris.clark@lw.com matthew.salerno@lw.com sean.mcmahon@lw.com 1285 Avenue of the Americas New York, New York 10019-6064 Telephone: 212-373-3000 wrieman@paulweiss.com wclareman@paulweiss.com jhurwitz@paulweiss.com savidan@paulweiss.com zkaye@paulweiss.com 2001 K Street, NW Washington, DC 20006-1047 Telephone: 202-223-7300 rgonzalez@paulweiss.com Attorneys for Defendants and Counterclaim Plaintiffs MUFG Union Bank, N.A. and GLAS Americas LLC, in their respective capacities as Trustee and Collateral Agent, under the Indenture dated October 27, 2016, and the Pledge and Security Agreement dated October 28, 2016, governing PDVSA’s Senior Secured Notes due 2020 2 Case 1:19-cv-10023-KPF Document 219 Filed 11/24/20 Page 3 of 3 PAUL HASTINGS LLP WILLKIE FARR & GALLAGHER LLP By: By: /s Kurt W. Hansson Kurt W. Hansson James R. Bliss James B. Worthington 200 Park Avenue New York, New York 10166 (212) 318-6000 kurthansson@paulhastings.com jamesbliss@paulhastings.com jamesworthington@paulhastings.com /s Tariq Mundiya Tariq Mundiya Jeffrey B. Korn Michael J. Gottlieb 787 Seventh Avenue New York, New York 10019 (212) 728-8000 tmundiya@willkie.com jkorn@willkie.com 1875 K Street NW Washington DC 20006 (202) 303-1442 mgottlieb@willkie.com Attorneys for Plaintiffs and Counterclaim Defendants Petróleos de Venezuela, S.A. and PDVSA Petróleo, S.A. Attorneys for Plaintiff and Counterclaim Defendant PDV Holding, Inc. SO ORDERED: ____________________________________ KATHERINE POLK FAILLA United States District Judge Dated: New York, New York November 24, 2020 The Court's Opinion and Order of October 16, 2020, obligated Defendants to file a motion for fees and expenses and a proposed judgment within 45 days. (Dkt. #215). Since then, Plaintiffs have filed a notice of appeal with the Second Circuit. (Dkt. #217). The Court still requires a proposed judgment on or before November 30, 2020, but now questions the utility of a fee petition during the pendency of Plaintiffs' appeal. Accordingly, the Court directs the parties to meet and confer on the issue of whether the fee petition can and should be deferred pending the resolution of Plaintiffs' appeal, and to submit a joint letter to the Court on that issue on or before November 30, 2020. 3
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