Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Accent Delight International Ltd. v. Sotheby's and Sotheby's, Inc.

United States District Court, S.D. New York

January 7, 2020

ACCENT DELIGHT INTERNATIONAL LTD. and XITRANS FINANCE LTD., Plaintiffs,
v.
SOTHEBY'S and SOTHEBY'S, INC., Defendants.

          LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL MATTERS TO OBTAIN EVIDENCE FROM TETIANA M. BERSHEDA

          HON. JESSE H. FURMAN UNITED STATES DISTRICT JUDGE

         In conformity with Articles 1 and 3 of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Convention”), the United States District Court for the Southern District of New York respectfully requests international judicial assistance to obtain evidence from Tetiana M. Bersheda (“Ms. Bersheda”) for use in the above-captioned civil proceeding currently pending before this Court (the “U.S. Action” or “Action”). The evidence is sought by Defendants in the Action, Sotheby's and Sotheby's, Inc. (together, “Sotheby's”). As set forth below, Ms. Bersheda is a critical fact witness whose evidence is relevant to Plaintiffs' allegations in this Action and Sotheby's defenses thereto.

         The U.S. Action is a civil proceeding in which Plaintiffs allege that Sotheby's aided and abetted an alleged fraud and breach of fiduciary duty committed by Yves Bouvier (“Mr. Bouvier”). Plaintiffs allege that Plaintiffs and Mr. Bouvier agreed (at a time and in a manner unspecified by Plaintiffs) that Mr. Bouvier would act as their agent to acquire art masterworks on their behalf. Mr. Bouvier allegedly purchased 38 art masterworks from various sellers, resold the works to Plaintiffs at markups, and pocketed the difference for himself. Plaintiffs assert that Sotheby's aided and abetted Mr. Bouvier's alleged fraud and breach of fiduciary duty with respect to 14 of the art masterworks, 12 of which Mr. Bouvier acquired from third parties in private sales facilitated by Sotheby's entities before he sold them to Plaintiffs.

         At all times relevant to this dispute, Ms. Bersheda served as a representative of Plaintiffs and Plaintiffs' principal, Dmitry Rybolovlev (“Mr. Rybolovlev”), in their interactions with Mr. Bouvier and his representatives. In the course of discovery in this proceeding, Plaintiffs have identified Ms. Bersheda as someone who has first-hand knowledge and documents regarding those communications, which will be critical evidence of the relationship between Plaintiffs (including Mr. Rybolovlev) and Mr. Bouvier and the representations that were made between them. That evidence goes to whether there was an underlying fraud or breach of fiduciary duty, which are essential elements of Plaintiffs' claims against Sotheby's.

         The assistance requested is for the appropriate judicial authority of the United Kingdom to compel the appearance of Ms. Bersheda to produce documents and give oral testimony relevant to the claims and defenses in the Action. The evidence is intended for use at trial.

1. Sender/Requesting Judicial Authority:
The Honorable Jesse M. Furman
United States District Court for the Southern District of New York
40 Centre Street, Room 2202
New York, New York 10007
United States of America
2. Central Authority of the Requested State:
The Senior Master
Foreign Process Section
Room E16
Queen's Bench Division
Royal Courts of Justice
Strand
London WC2A 2LL,
England, United Kingdom
3. Persons to Whom the Executed Request Is to be Returned:
Marcus A. Asner
Arnold & Porter Kaye Scholer LLP
250 West 55th Street
New York, New York 10019
United States of America
Email: Marcus.Asner@arnoldporter.com
Tel: 212 836 7222
Fax: 212 836 8689
4. Names and Addresses of the Parties and Their Representatives:
a. Plaintiffs:
Accent Delight International Ltd.
Jipfa Building, 3rd Floor
142 Main Street
Road Town, Tortola
British Virgin Islands
Xitrans Finance Ltd.
Akara Building
24 De Castro Street
Wickhams Cay 1
Road Town
Tortola
British Virgin Islands
Counsel for Plaintiffs:
Daniel Kornstein
Emery Celli Brinckerhoff & Abady LLP
600 Fifth Avenue, 10th Floor
New York, New York 10020
Email: dkornstein@ecbalaw.com
Tel: 212 763 5000
b. Defendants:
Sotheby's
1334 York Avenue
New York, New York 10021
United States of America
Sotheby's, Inc.
1334 York Avenue
New York, New York 10021
United States of America
Counsel for Defendants:
Marcus A. Asner
Sara L. Shudofsky
Arnold & Porter Kaye Scholer LLP
250 West 55th Street
New York, New York 10019
Email: Marcus.Asner@arnoldporter.com
Email: Sara.Shudofsky@arnoldporter.com
Tel: 212 836 7222
Jane Wessel
Arnold & Porter Kaye Scholer (UK) ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.