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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


GOLD RESERVE INC.,
Petitioner,
v.
BOLIVARIAN REPUBLIC OF
VENEZUELA,
Respondent.

Civil Action No. 14-2014 (JEB)


ORDER

On November 20, 2015, this Court issued a Memorandum Opinion and separate Order confirming an arbitration award and entering judgment in favor of Petitioner Gold Reserve Inc. Gold Reserve now moves for an order holding that a reasonable time has elapsed since that date such that it may seek to attach Respondent the Bolivarian Republic of Venezuela’s assets to aid in the execution of its judgment. Finding that two months is reasonable, the Court will grant the Motion.

Under 28 U.S.C. § 1610(c), where a litigant seeks to attach the property of a foreign state located in the United States, such attachment is not permitted “until the court has . . . determined that a reasonable period of time has elapsed following the entry of judgment . . . .” In seeking such determination here via its Motion filed December 8, 2015, Gold Reserve asserted that 18 days (since the November 20 judgment) was a reasonable time. Venezuela rejoined on December 28, 2015, that such a period was insufficient, arguing that courts in this district “generally require between two and three months to have elapsed following entry of judgment

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before attachment or execution may proceed against a foreign sovereign.” Opp. at 2; see id. at 3 (“District Courts in other jurisdictions have required at least two to three months as well.”).

Now that two months have passed since the entry of judgment, it would appear that the issue is moot. As even Defendant concurs that this is a reasonable amount of time, the Court will enter the requested Order.

The Court, accordingly, ORDERS that:

  1. Gold Reserve’s Motion is GRANTED; and
  2. A reasonable time has now elapsed under 28 U.S.C. § 1610(c) following entry of the November 20, 2015, Judgment.

IT IS SO ORDERED.

Date: January 20, 2016

/s/ James E. Boasberg

JAMES E. BOASBERG

United States District Judge