Accent Delight International Ltd. et al v. Sotheby's et al
Plaintiff: Xitrans Finance Ltd. and Accent Delight International Ltd.
Defendant: Sotheby's and Sotheby's Inc.
Case Number: 1:2018cv09011
Filed: October 2, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Other Fraud
Cause of Action: 28:1332fr
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2018 Opinion or Order Filing 31 ORDER granting #30 Motion to Seal Amended Complaint. The Amended Complaint is sealed temporarily. If Defendants believe it should remain under seal or in redacted form, they shall file a letter motion by December 7, 2018, addressing why that would be consistent with the presumption in favor of public access to judicial documents - mindful of the parties' agreement on the record that the materials produced to Plaintiffs in Case No. 16-MC-125 would be "deem[ed]...produced and usable in this case and usable in connection with amending the complaint," (Docket No. #27 , at 6), which the Court implemented by its Order of October 23, 2018 (Docket No. #22 , at 1 ("The material produced by Defendants to Plaintiffs in In re Accent Delight Int'l Ltd., No. 16-MC-125 (JMF) (S.D.N.Y. Mar. 25, 2016) (the "Section 1782 Material"), is deemed produced in, and usable in connection with, this case.")). If Defendants fail to file such a letter motion, Plaintiffs shall promptly file an unredacted copy of the Amended Complaint on ECF; if Defendants do file a letter motion, Plaintiffs shall file any opposition within three business days. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 21, 2018 Filing 30 LETTER MOTION to Seal Document #29 Amended Complaint addressed to Judge Jesse M. Furman from Daniel J. Kornstein dated November 21, 2018. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd..(Kornstein, Daniel)
November 21, 2018 Filing 29 AMENDED COMPLAINT amending #1 Complaint against Sotheby's, Sotheby's Inc..Document filed by Accent Delight International Ltd., Xitrans Finance Ltd.. Related document: #1 Complaint.(Kornstein, Daniel)
November 6, 2018 Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 6, 2018 Filing 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2018. Redacted Transcript Deadline set for 12/7/2018. Release of Transcript Restriction set for 2/4/2019.(McGuirk, Kelly)
November 6, 2018 Opinion or Order Filing 26 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jesse M. Furman on 11/6/2018) (ne)
November 2, 2018 Filing 25 JOINT LETTER addressed to Judge Jesse M. Furman from Marcus A. Asner dated November 02, 2018 re: Protective Order. Document filed by Sotheby's, Sotheby's Inc.. (Attachments: #1 Text of Proposed Order Proposed Protective Order from Plaintiffs, #2 Text of Proposed Order Proposed Protective Order from Sothebys, #3 Exhibit Redline Comparison of Plaintiffs' and Sotheby's Proposed Protective Orders)(Asner, Marcus)
October 30, 2018 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Extension of Time. The deadline for the parties to file any proposed protective order pursuant to the Court's Order of October 23, 2018, (Docket No. #22 ), is hereby EXTENDED to November 2, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 30, 2018 Filing 23 JOINT LETTER MOTION for Extension of Time to Submit Protective Order addressed to Judge Jesse M. Furman from Daniel J. Kornstein dated October 30, 2018. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd..(Kornstein, Daniel)
October 23, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 10/23/2018. Douglas Leib, Ogilvie Wilson, Daniel Kornstein present for Plaintiffs. Marcus Asner and Arielle Feldshon present for Defendants. Court reporter present. (ab)
October 23, 2018 Opinion or Order Filing 22 ORDER: The parties shall file a joint status letter by October 30, 2018 advising the Court whether those Protective Orders should continue to apply in this case and, if not, proposing any modifications. It is hereby ORDERED that, with the exception of the production discussed above, discovery in this case is STAYED pending resolution of Defendants' anticipated motion to dismiss. Absent further order of the Court, the following deadlines shall apply to further proceedings in this case: 1. Plaintiffs shall file an Amended Complaint by November 21, 2018. 2. Defendants shall file their motion to dismiss the Amended Complaint and all supporting documents by January 18, 2019. 3. Plaintiffs shall file any response to the motion to dismiss by February 15, 2019. 4. Defendants shall file any reply in support of their motion to dismiss by March 1, 2019. At the time any reply is filed, Defendants shall supply one courtesy hard copy of all motion papers by mail or hand delivery to the Court in accordance with the Court's Individual Rules and Practices. In accordance with the Court's Individual Rules and Practices, requests for any extensions or adjournments may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. If this case has been settled or otherwise terminated, counsel are not required to submit such letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19 & App'x A, available at http://nysd.uscourts.gov/ecf_filing.php. SO ORDERED. (Amended Pleadings due by 11/21/2018. Motions due by 1/18/2019, Responses due by 2/15/2019, Replies due by 3/1/2019.) (Signed by Judge Jesse M. Furman on 10/23/2018) (ne)
October 18, 2018 Opinion or Order Filing 21 ORDER granting #20 Letter Motion Seeking to Reschedule Conference. The conference originally scheduled for October 24, 2018 is RESCHEDULED to October 23, 2018, at 3:45 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 18, 2018 Filing 20 LETTER MOTION for Conference to be rescheduled to a different date addressed to Judge Jesse M. Furman from Marcus A. Asner dated October 18, 2018. Document filed by Sotheby's, Sotheby's Inc..(Asner, Marcus)
October 17, 2018 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Extension of Time to File Response/Reply. The deadline to answer or otherwise respond to the Complaint is EXTENDED, but - for now - only to November 5, 2018. The parties shall appear for a conference with the Court on October 24, 2018, at 3:15 p.m. to address whether a longer extension is appropriate; whether to set a schedule for discovery; and whether, in light of discovery in this matter, there is a need to decide Plaintiffs' pending motion in 16-MC-125. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 16, 2018 Filing 18 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Jesse M. Furman from Sara L. Shudofsky dated October 16, 2018. Document filed by Sotheby's, Sotheby's Inc..(Shudofsky, Sara)
October 16, 2018 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (laq)
October 16, 2018 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (laq)
October 16, 2018 CASE ACCEPTED AS RELATED. Create association to 1:16-mc-00125-JMF. Notice of Assignment to follow. (laq)
October 4, 2018 Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Sotheby's served on 10/3/2018, answer due 10/24/2018; Sotheby's Inc. served on 10/3/2018, answer due 10/24/2018. Service was accepted by Marcus Asner. Document filed by Accent Delight International Ltd. ; Xitrans Finance Ltd.. (Kornstein, Daniel)
October 4, 2018 Filing 16 NOTICE OF CHANGE OF ADDRESS by Daniel Joseph Kornstein on behalf of Accent Delight International Ltd., Xitrans Finance Ltd.. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, New York, New York, USA 10020, (212) 763-5000. (Kornstein, Daniel)
October 4, 2018 Filing 15 NOTICE OF APPEARANCE by Sara Lynn Shudofsky on behalf of Sotheby's, Sotheby's Inc.. (Shudofsky, Sara)
October 4, 2018 Filing 14 NOTICE OF APPEARANCE by Mitchell Russell Stern on behalf of Sotheby's, Sotheby's Inc.. (Stern, Mitchell)
October 4, 2018 Filing 13 NOTICE OF APPEARANCE by Marcus Aaron Asner on behalf of Sotheby's, Sotheby's Inc.. (Asner, Marcus)
October 3, 2018 Filing 12 ELECTRONIC SUMMONS ISSUED as to Sotheby's. (jgo)
October 3, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to Sotheby's Inc.. (jgo)
October 3, 2018 Filing 10 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-MC-125. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd..(Kornstein, Daniel)
October 3, 2018 Filing 9 CIVIL COVER SHEET filed. (Kornstein, Daniel)
October 3, 2018 CASE REFERRED TO Judge Jesse M. Furman as possibly similar to 16-mc-125. (jgo)
October 3, 2018 Case Designated ECF. (jgo)
October 3, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Joseph Kornstein. The following case opening statistical information was erroneously selected/entered: Dollar Demand None entered;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9999000;. (jgo)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Daniel Joseph Kornstein to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): the incorrect Status of Earlier Filed Case was selected;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (jgo)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Joseph Kornstein to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): similar case number must be place on corresponding section of pdf;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
October 2, 2018 Filing 8 NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of Accent Delight International Ltd., Xitrans Finance Ltd.. (Salzman, Zoe)
October 2, 2018 Filing 7 NOTICE OF APPEARANCE by Ogilvie Andrew Fraser Wilson on behalf of Accent Delight International Ltd., Xitrans Finance Ltd.. (Wilson, Ogilvie)
October 2, 2018 Filing 6 NOTICE OF APPEARANCE by Douglas Edward Lieb on behalf of Accent Delight International Ltd., Xitrans Finance Ltd.. (Lieb, Douglas)
October 2, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Sotheby's, Inc., re: #1 Complaint. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd.. (Kornstein, Daniel)
October 2, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sotheby's, re: #1 Complaint. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd.. (Kornstein, Daniel)
October 2, 2018 Filing 3 FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-mc-125. Document filed by Accent Delight International Ltd., Xitrans Finance Ltd..(Kornstein, Daniel) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Kornstein, Daniel) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 1 COMPLAINT against Sotheby's, Sotheby's Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15647059)Document filed by Accent Delight International Ltd., Xitrans Finance Ltd..(Kornstein, Daniel)

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Plaintiff: Xitrans Finance Ltd.
Represented By: Douglas Edward Lieb
Represented By: Zoe Antonia Salzman
Represented By: Ogilvie Andrew Fraser Wilson
Represented By: Daniel Joseph Kornstein
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Plaintiff: Accent Delight International Ltd.
Represented By: Douglas Edward Lieb
Represented By: Zoe Antonia Salzman
Represented By: Ogilvie Andrew Fraser Wilson
Represented By: Daniel Joseph Kornstein
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Defendant: Sotheby's
Represented By: Mitchell Russell Stern
Represented By: Marcus Aaron Asner
Represented By: Sara Lynn Shudofsky
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Defendant: Sotheby's Inc.
Represented By: Mitchell Russell Stern
Represented By: Marcus Aaron Asner
Represented By: Sara Lynn Shudofsky
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