This Court has previously ruled, and been affirmed by Judge Motley, that the material is relevant. The only other issue is re ‘culpable state of mind.’ In light of these discovery disputes, the Court finds PDVSA's refusal to allow plaintiff's counsel to review the Board material for relevant entries is sufficiently culpable. Indeed, there is no proof that the Ministry was properly informed of this Court's rulings since PDVSA still refers to the material as not relevant.... Accordingly, for PDVSA's continued disobeying of Court orders the sanction of an adverse inference is appropriate.
PDVSA has refused to produce Board of Director minutes and related documents to plaintiff despite Court orders to do so. The trier of fact may infer from this that such documents are unfavorable to PDVSA, and favorable to plaintiff, and the trier of fact may give the strongest weight to the evidence already in the case in favor of plaintiff. The trier of fact may consider any evidence presented by PDVSA to explain why it did not produce the Board of Directors material.
End of Document.