Ashad Umrani and Mundar Jatoi, the plaintiffs, brought a derivative action on behalf of Sindhi Association of North America (SANA) against SANA and several SANA office holders. They alleged misconduct and breach of fiduciary duties, fraud, and spoliation of evidence against SANA executive council members and other office holders.
SANA is an organization under New York State law with office holders spread across North America. SANA is registered as a 501c non-profit organization that works to unite Sindhis in North America; to defend the national rights of Sindhi people; to foster understanding between Sindhis and other nationalities; and to educate people about Sindhi Civilization, according to the group’s website. The defendants, who include SANA office holders in multiple states, were represented by multiple attorneys.
Some of the defendants filed a motion to dismiss based on lack of personal jurisdiction, but others neither filed a motion nor joined the others. The circuit court judge granted the motion to dismiss but directed the parties to specify the order in which defendants were included. This was not done; instead, the motion to dismiss was granted and the defendants were not notified individually.