By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, May 28– India's ICICI Bank and its New York Branch have sued some dozen Indian business people alleging fraud and now seeking to file a sealed motion.
Back on November 2, 2020 U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave held an open telephone proceeding, of which public notice was given on PACER. Inner City Press covered it.
The proceeding had an ex parte, nearly private feel. ICICI's lawyer Adam Finkel of Sabharwal & Finkel of 250 Park Avenue was asking to file a motion under seal - and even to have detail about it withheld or made "discrete" in the docket.
Judge Cave said she would consider how to describe it; she had asked who had called in, seeming to say she wanted to know if the defendants had sent someone to keep them involved.
Isn't that the point of a public proceeding, though?
On November 16, there was in the docket a letter, but still no motion. The letter: "Re: ICICI Bank Limited, New York Branch v. Vishal Doshi, et al., No.: 19-cv-11788 (RA) Dear Judge Cave: My firm represents the plaintiffs ICICI Bank Limited, New York Branch and ICICI Bank UK plc (collectively, the “Plaintiffs”) in the above matter. Default Judgment against Defendant Alpesh Panchal: This to follow up as per my letter to the Court dated October 9, 2020 as a result of which the Court granted Plaintiffs up to November 17, 2020 to file a motion for default judgment against Defendant Alpesh Panchal. [Docket 60]. Plaintiffs have been unable to confirm that the Dubai UAE address at which Defendant was served is an accurate address for him. Accordingly, rather than file a motion for default, Plaintiffs are continuing to look for an accurate address for this Defendant, along with addresses for three (3) other Defendants – Rachna Doshi, Shrikrishna Sant and Shriraj Deshpande. Settlement with Defendants Apoorva Doshi and Ami Doshi: A settlement agreement is being finalized between the Plaintiffs and these two (2) defendants. We expect to complete this process in the next two (2) to three (3) weeks... cc: Defendant Apoorva Doshi, pro se (via electronic mail)."
The listed defendants include Alpesh Panchal, Ami Doshi, Apoorva Doshi, Darshan Banuchandra Shah, Geeta Doshi, Genashi Gems Private Limited, Gurudas Patwardhan, Hiren Shah, Nihar Parikh, Rachna Doshi, Sanjay Shah, Shreyas Doshi, Shrikrishna Sant, Shriraj Deshpande, Trezza Jewels LLP and Vishal Doshi.
The resulting docket entry, for now, states that "as discussed during the conference, Plaintiffs' motion shall be filed by December 2, 2020." But filed entirely under seal?
On April 21, 2021 this: "STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and among plaintiffs, ICICI Bank Limited, New York Branch and ICICI Bank UK plc (collectively, the "Plaintiffs"), and defendants Apoorva Doshi and Ami Doshi only (collectively, the "Settling Defendants"), by and through the undersigned attorneys for Plaintiffs and by the Settling Defendants acting pro se, that pursuant to Rule 21 of the Federal Rules of Civil Procedure the Settling Defendants be dropped as parties to this action, with each party to bear its own costs and attorneys' fees. SO ORDERED., Motions terminated: [73] LETTER MOTION for Leave to File Stipulation addressed to Magistrate Judge Sarah L. Cave from Adam Finkel dated April 12, 2021. filed by ICICI Bank UK Plc, ICICI Bank Limited, New York Branch. (Signed by Judge Ronnie Abrams on 4/21/2021)."
On May 28, another letter was filed - and automatically sealed. In the docket it is said it will only be unsealed when four defendants are successfully served. And so for now the sealed filings pile up.
The case is ICICI Bank Limited, New York Branch et al v. Doshi et al., 19-cv-11788 (Abrams / Cave)
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