BitConnect class-action reduced to three defendants
The future of the BitConnect class-action is in question, following a reduction of defendants to just three.
The reduction was made via a January 9th order, denying plaintiffs’ renewed request to effect alternative service.
The order follows continued dismissal of BitConnect defendants, owing to the plaintiff’s being unable to serve them.
The January 9th order addresses foreign defendants in India, Vietnam and elsewhere outside of the US.
With respect to India, of the BitConnect scammers the plaintiffs want to sue
many of those Defendants are incarcerated in Indian jail.
Judge Middlebrooks observes that service by mail is not appropriate for India because
international law prohibits the requested service.
India has objected service by postal channels, meaning Plaintiff’s request to serve Defendants located in India by postal channels must be denied.
Service is available as per the Hague Convention, but as noted by Judge Middlebrooks;
Plaintiffs initiated this lawsuit in 2018 and have not even begun to serve process under the Hague Convention, which is a very lengthy process.
Consequently all defendants in India have been dismissed.
These include Nalin Kotadiya, Dhaval Mavani, Suresh Gorasiya, Guatam Lathiya, Satish Kumbhani, Divyesh Darji, Bitconnect, Ramadayal Purohit, Ranjeet Saxena, Sandip Balvantrai Naik, Smit Sandiphbhai Naik, and Raj Sandipobhai Naik.
Next up, Vietnam.
Plaintiffs request to serve Defendants Nay Minh a/k/a Mr. Roberts and Le Thi Thannh Huy a/k/a Ms. Helen via registered mail.
Although service by mail may be appropriate in this instance, Plaintiffs have failed to sufficiently demonstrate that Roberts and Helen would actually receive the service at the provided address.
The address plaintiffs want to use is supposedly a cafe Roberts and Helen opened with BitConnect funds.
Judge Middlebrooks noted;
Based upon the information provided, I do not find that the requested method of service will reasonably apprise Helen and Roberts of this lawsuit.
Because Plaintiffs have had almost two years to serve those Defendants, I will dismiss Helen and Roberts.
With respect to foreign defendants elsewhere, Judge Middlebrooks stated:
To the extent remaining unserved Foreign Defendants exist, I likewise find that they should be dismissed for the reasons stated in this Order regarding Plaintiffs’ unjustifiable delay in effectuating service.
As it stands the only defendants remaining are Trevor Brown [sic] (a/k/a Trevon James), Ryan Hildreth and Tanner Fox.
A decision on whether they will also be dismissed remains pending. Stay tuned…