| Chinese Business Deal
Triggered Sealed Filings Judge Furman
Dismisses But Avenatti Sealed
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Sept 4 – Two men agreed to
share consulting fees earned
by jointly assisting
non-Chinese companies entering
the Chinese market.
But
Eberhard Kornotzki sued Tariq
Jawad for not sharing the fees
with him.
In
the U.S. District Court for
the Southern District of New
York litigation before Judge
Jesse M. Furman, both parties
sought to seal from the public
and press documents they are
filing. Judge Furman on May 20
granted the requests to
redact, temporarily he wrote,
until he decides the
underlying motion they are
related to.
But
the presumptively public
nature of filing in Federal
court, including in civil
cases, is not limited to the
documents being unsealed after
the motion or case is decided.
Inner City Press only this
week has moved forward with
getting unsealed even subpoena
information in a criminal case
concerning North Korea
sanctions.
Should a China
business case be so different?
On May 22 Judge Furman held a
telephone conference with the
parties, and still the
documents were not released.
Now on
September 4, to Judge Furman's
credit, this: "ORDER OF
DISMISSAL... It is ORDERED
that the above-entitled action
be and is hereby DISMISSED and
discontinued without costs,
and without prejudice to the
right to reopen the action
within sixty days of the date
of this Order if the
settlement is not consummated.
To be clear, any application
to reopen must be filed by the
aforementioned deadline; any
application to reopen filed
thereafter may be denied
solely on that basis. Further,
requests to extend the
deadline to reopen are
unlikely to be granted. If the
parties wish for the Court to
retain jurisdiction for the
purposes of enforcing any
settlement agreement, they
must submit the settlement
agreement to the Court by the
deadline to reopen to be "so
ordered" by the Court. Per
Paragraph 4(B) of the Court's
Individual Rules and Practices
for Civil Cases, unless the
Court orders otherwise, the
Court will not retain
jurisdiction to enforce a
settlement agreement unless it
is made part of the public
record. Any pending motions
are moot. All conferences are
canceled. The Clerk of Court
is directed to close the case.
SO ORDERED. (Signed by Judge
Jesse M. Furman on 9/3/20)."
But what
then on the still
sealed filings of
Michael Avenatti, dismissed in
a footnote by his publicly
funded lawyer? Watch this
site.
The case is
Kornotzki v. Jawad, 19-cv-6689
(Furman).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
