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Accent Delight Int'l. Ltd. v. Sotheby's

Sotheby's Fails to Show Switzerland Is 'Significantly Preferable' for Fraud Dispute

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OPINION AND ORDER This case is a small part of a larger international saga involving Plaintiffs Accent Delight International Ltd. and Xitrans Finance Ltd. and their principal, Dmitry Rybolovlev, and Defendants Sotheby’s and Sotheby’s, Inc. (collectively “Sotheby’s”). At the heart of the saga is Plaintiffs’ claim that Yves Bouvier, an art dealer who is not a party to this case, defrauded them of approximately one billion dollars in connection with the purchase of a world-class art collection. The dispute has spawned civil and criminal litigation in at least five jurisdictions around the world — Singapore, Switzerland, France, Monaco, and the United States.In this case, Plaintiffs allege that Sotheby’s aided and abetted Bouvier’s fraud and breach of fiduciary duty. They also allege that Sotheby’s, which filed a lawsuit against Plaintiffs in Switzerland in November 2017, breached a contract that required Sotheby’s to give Plaintiffs notice before filing suit. Sotheby’s now moves, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, to dismiss the case on forum non conveniens and international comity grounds. Sotheby’s also contends that Plaintiffs fail to state a contract claim. Finally, Sotheby’s seeks to keep certain materials under seal. For the reasons stated below, Sotheby’s motion to dismiss is largely denied, and the request to seal is granted in part and denied in part.BACKGROUNDThe following facts — drawn primarily from the Amended Complaint and the materials referenced therein1 — are assumed to be true for the purposes of this motion. See, e.g., Kalnit v. Eichler, 264 F. 3d 131, 135 (2d Cir. 2001). Plaintiffs hired Bouvier in or about 2003 to assist them and Rybolovlev in purchasing a world-class art collection. See Docket No. 29 (“Amended Compl.”)

13-15. Plaintiffs allege that, over the next twelve years, although Bouvier purported to act as their agent, he was also, improperly and secretly, acting as a dealer, buying the art himself and selling it to Plaintiffs at a higher price. See id.

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