Southern District of Texas Dismisses $3 Million Equipment Supply Claim Against PDVSA on Jurisdictional and Pleading Grounds

A Spanish oilfield equipment supplier's $3 million breach of contract claim against Venezuelan state oil company PDVSA and its purchasing agent Bariven reached a critical juncture when the district court declined to enter default judgment and instead permitted defendants to file a motion to dismiss. The magistrate judge recommended granting the motion to dismiss, finding Ashburton's allegations constituted 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements' that failed to satisfy Twombly-Iqbal pleading standards.