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Plaintiffs Seek Contempt Ruling Against Argentina in U.S. YPF Case Over Discovery

Late‑March hearings will test potential sanctions after plaintiffs alleged discovery failures.

Overview

  • On Jan. 15, Petersen and Eton Park asked Judge Loretta Preska to hold Argentina in contempt for allegedly delaying production of court‑ordered communications in the YPF litigation.
  • The dispute centers on a discovery order requiring emails and messages from current and former officials, including WhatsApp records from figures such as Sergio Massa and Luis Caputo, according to filings reported by the press.
  • Argentina’s Procuración del Tesoro rejects any contempt finding, says the state is complying with orders, and maintains its appeal of the underlying 2023 US$16.1 billion judgment.
  • The plaintiffs seek measures such as adverse evidentiary presumptions, strict production timetables, and monetary penalties, including a proposed US$1 million‑per‑day coercive fine.
  • They are also pressing to treat entities like the Central Bank, Banco Nación, and Aerolíneas Argentinas as the state’s alter ego to enable asset attachment, with Argentina’s response due Feb. 19, a reply due Mar. 5, and evidentiary hearings set for Mar. 23–24.