PDVSA told the US District Court for the District of Southern New York on 13 May 2020 that an order granting plaintiff Dresser-Rand partial summary judgment against its PDVSA Petroleo subsidiary is not warranted under Federal Rule of Civil Procedure 54(b) and should therefore be denied.
Main arguments are : (1) Dresser-Rand’s claim against Petroleo has not been “finally decided” because damages have not been determined;
(2) Rule 54(b) certification would not further the interests of sound and efficient judicial administration because Dresser-Rand’s claim against Petroleo is intertwined and closely related to its remaining claim against PDVSA
(3) Dresser-Rand has failed to demonstrate that it would be prejudiced if entry of final judgment is delayed until its remaining claim against PDVSA is resolved.
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