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US District Court Civil Docket as of October 16, 2019 Retrieved from the court on October 16, 2019
U.S. District Court Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:15-md-02631-CM-SDA
Christine Asia Co. Ltd. et al v. Ma et al Assigned to: Judge Colleen McMahon Referred to: Magistrate Judge Stewart D. Aaron Related Cases: 1:15-cv-00811-CM
1:15-cv-00991-CM
1:15-cv-00759-CM
1:15-cv-01405-CM
1:15-cv-05020-CM
1:15-cv-04991-CM
1:15-cv-05002-CM
Cause: 15:78m(a) Securities Exchange Act
Date Filed: 06/24/2015 Date Terminated: 10/16/2019 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Lead Plaintiff
Tai William represented by Kevin F. Ruf Glancy Binkow & Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Laurence Matthew Rosen Laurence Rosen, ESQ. 275 Madison Avenue 40th Floor New York, NY 10016-1101 212-686-1060 Fax: 212-202-3827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lionel Z. Glancy Glancy & Binkow Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067
(310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Phillip C. Kim The Rosen Law Firm 275 Madison Avenue 40th Floor New York, NY 10016 212-686-1060 Fax: 212-202-3827 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Vincent Prongay Glancy Binkow & Goldberg LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Caleb Hayes-Deats MoloLamken LLP (NYC) 430 Park Avenue New York, NY 10022 212-607-8153 Fax: 212-607-8161 Email: [email protected] ATTORNEY TO BE NOTICED Jing Chen The Rosen Law Firm, P.A. 275 Madison Avenue, 34th fl. New York, NY 10016 212-686-1060 Fax: 212-202-3827 Email: [email protected] ATTORNEY TO BE NOTICED Joshua Lon Crowell Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100
Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Kara M. Wolke Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Melissa Wright Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Email: [email protected] ATTORNEY TO BE NOTICED Robert Kelsey Kry MoloLamken LLP (NYC) 430 Park Avenue New York, NY 10022 (202) 556-2000 Fax: (202)-556-2001 Email: [email protected] ATTORNEY TO BE NOTICED Steven Francis Molo MoloLamken, LLP 430 Park Avenue Floor 6 10022 New York, NY 10022 212-607-8160 Fax: 212-607-8161 Email: [email protected] ATTORNEY TO BE NOTICED
Lead Plaintiff
Christine Asia Co. Ltd. represented by Kevin F. Ruf (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Laurence Matthew Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lionel Z. Glancy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Phillip C. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Vincent Prongay (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Daniel Isaac Tyre-Karp Weil, Gotshal & Manges LLP (NYC) 767 Fifth Avenue New York, NY 10153 (212)-310-8526 Fax: (212)-310-8007 Email: [email protected] ATTORNEY TO BE NOTICED Jing Chen (See above for address) ATTORNEY TO BE NOTICED Joshua Lon Crowell (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED Melissa Wright (See above for address) ATTORNEY TO BE NOTICED
Robert Kelsey Kry (See above for address) ATTORNEY TO BE NOTICED Steven Francis Molo (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Christine Asia Co. Ltd. represented by Laurence Matthew Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip C. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexa J. Mullarky Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310)-201-9150 Fax: (310)-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Tai William represented by Laurence Matthew Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lesley Frank Portnoy Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Vincent Prongay (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Alexa J. Mullarky (See above for address) ATTORNEY TO BE NOTICED Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Manishkumar Khunt individually and on behalf of all others similarly situated
represented by David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Katherine Blasy Robbins Geller Rudman & Dowd LLP 58 South Services Road, Suite 200 Melville, NY 11747 631/367-7100 Fax: 631/367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747
(631) 367-7100 Fax: (631) 367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
James Ziolkowski represented by David R. Scott Scott & Scott, LLC(CT) 156 South Main Street P.O.Box 192 Colchester, CT 06415 (860)537-5537 Fax: (860)537-4432 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald A Broggi Scott + Scott, L.L.P.( NYC) 405 Lexington Avenue 40th Floor New York, NY 10174 (212)223-6444 Fax: (212)223-6334 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph Peter Guglielmo Scott + Scott, L.L.P.( NYC) 405 Lexington Avenue 40th Floor New York, NY 10174 (212) 223-6444 Fax: (212) 223-6334 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Claire Rand represented by Fei-Lu Qian Saxena White P.A. 10 Bank Street Ste 8th Floor White Plains, NY 10606 914-437-8551 Fax: 888-400-4365 Email: [email protected] LEAD ATTORNEY
ATTORNEY TO BE NOTICED Robert Craig Finkel Wolf Popper LLP 845 Third Avenue New York, NY 10022 (212) 759-4600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua H Saltzman Wolf Popper LLP 845 Third Avenue New York, NY 10022 (609)-577-5884 Fax: (212)-486-2093 Email: [email protected] TERMINATED: 10/28/2015
Plaintiff
Devorah Klein represented by Francis Paul McConville Labaton & Sucharow LLP (NYC) 140 Broadway, 34th Floor New York, NY 10005 212-907-0650 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy Alan Lieberman Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 (212)-661-1100 Fax: (212)-661-8665 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew L Tuccillo Pomerantz LLP 600 Third Avenue 20th Floor New York, NY 10016 (212)-661-1100 Fax: (212)-661-8665 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick Vincent Dahlstrom Pomerantz LLP 10 South LaSalle Street Suite 3505 Chicago, IL 60603 (212)661-1100 Fax: (212)661-8665 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Christine Ziolkowski represented by David R. Scott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald A Broggi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph Peter Guglielmo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Ming Huang represented by Jennifer Pafiti Pomerantz LLP 1100 Glendon Avenue 15th Floor 90024, Ste 20th Floor Los Angeles, CA 90024 310-405-7190 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Laurence Matthew Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Placidius O'Silva represented by Amber L. Eck Zeldes Haeggquist & Eck, LLP 225 Broadway, Suite 2050
San Diego, CA 92101 619/342-8000 Fax: 619/342-7878 Email: [email protected] LEAD ATTORNEY
Plaintiff
Myrtle Tan Chao represented by Long Z Liu The Liu Law Group 529 East Valley Boulevard Suite 208-A San Gabriel, CA 91776 626-927-9009 Fax: 815-331-0657 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Abel Amoros represented by Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Jing Chen (See above for address) ATTORNEY TO BE NOTICED Joshua Lon Crowell (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED Robert Kelsey Kry (See above for address) ATTORNEY TO BE NOTICED Steven Francis Molo (See above for address) ATTORNEY TO BE NOTICED Laurence Matthew Rosen (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Arthur Gabriel represented by Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED
Jing Chen (See above for address) ATTORNEY TO BE NOTICED Joshua Lon Crowell (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED Robert Kelsey Kry (See above for address) ATTORNEY TO BE NOTICED Steven Francis Molo (See above for address) ATTORNEY TO BE NOTICED Laurence Matthew Rosen (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Raymond Lee represented by Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Jing Chen (See above for address) ATTORNEY TO BE NOTICED Joshua Lon Crowell (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED Robert Kelsey Kry (See above for address) ATTORNEY TO BE NOTICED Steven Francis Molo (See above for address) ATTORNEY TO BE NOTICED
Laurence Matthew Rosen (See above for address) ATTORNEY TO BE NOTICED
V.
Movant
Richard Houlihan represented by Joseph Peter Guglielmo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Yangmin Zhang represented by Jennifer Pafiti (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeremy Alan Lieberman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Yiwei Zhang represented by Jeremy Alan Lieberman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Gang Liu represented by Adam M. Apton Levi & Korsinsky LLP (DC) 1101 30th, Street, NW Washington, DC 20007 202-524-4290 Fax: 202-333-2121 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Caleb Hayes-Deats (See above for address) ATTORNEY TO BE NOTICED Jing Chen (See above for address) ATTORNEY TO BE NOTICED
Joshua Lon Crowell (See above for address) ATTORNEY TO BE NOTICED Kara M. Wolke (See above for address) ATTORNEY TO BE NOTICED Robert Kelsey Kry (See above for address) ATTORNEY TO BE NOTICED Steven Francis Molo (See above for address) ATTORNEY TO BE NOTICED Laurence Matthew Rosen (See above for address) ATTORNEY TO BE NOTICED
Movant
William Yun Cheong Wong represented by Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Elke Lai-Hing Lee represented by Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
BABA Investor Group represented by Jason Allen Zweig Hagens Berman Sobol Shapiro LLP (NYC) 555 Fifth Ave Ste. 1700 New York, NY 10117 212-752-5455 Fax: 917-210-3980 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Yiwei Zhang represented by Jennifer Pafiti (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Movant
William Yun Cheong Wong represented by Danielle Suzanne Myers Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Movant
Elke Lai-Hing Lee represented by Danielle Suzanne Myers (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
V.
Defendant
Jack Yun Ma represented by George S Wang Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212) 455-2228 Fax: (212) 455-2502 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James Glenn Kreissman Simpson Thacher & Bartlett LLP (CA) 2475 Hanover Street Palo Alto, CA 94304 (650) 251-5000 Fax: (650) 251-5002 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K. Youngwood Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212) 455-2000 Fax: (212) 455-2502
Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Jonathan Cohen Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212)-455-3140 Email: [email protected] ATTORNEY TO BE NOTICED Simona Gurevich Strauss Simpson Thacher & Bartlett LLP (CA) 2475 Hanover Street Palo Alto, CA 94304 650-251-5000 Fax: 650-251-5002 Email: [email protected] ATTORNEY TO BE NOTICED Stephen Patrick Blake Simpson Thacher & Bartlett LLP (CA) 2475 Hanover Street Palo Alto, CA 94304 (650)-251-5153 Fax: (650)-251-5002 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
Joseph C. Tsai represented by George S Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Glenn Kreissman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K. Youngwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Jonathan Cohen (See above for address) ATTORNEY TO BE NOTICED
Simona Gurevich Strauss (See above for address) ATTORNEY TO BE NOTICED Stephen Patrick Blake (See above for address) ATTORNEY TO BE NOTICED
Defendant
Jonathan Zhaoxi Lu represented by George S Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Glenn Kreissman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K. Youngwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Jonathan Cohen (See above for address) ATTORNEY TO BE NOTICED Simona Gurevich Strauss (See above for address) ATTORNEY TO BE NOTICED Stephen Patrick Blake (See above for address) ATTORNEY TO BE NOTICED
Defendant
Maggie Wei Wu represented by George S Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Glenn Kreissman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K. Youngwood (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Daniel Jonathan Cohen (See above for address) ATTORNEY TO BE NOTICED Simona Gurevich Strauss (See above for address) ATTORNEY TO BE NOTICED Stephen Patrick Blake (See above for address) ATTORNEY TO BE NOTICED
Defendant
Alibaba Group Holding Limited represented by George S Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Glenn Kreissman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K. Youngwood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Jonathan Cohen (See above for address) ATTORNEY TO BE NOTICED Simona Gurevich Strauss (See above for address) ATTORNEY TO BE NOTICED Stephen Patrick Blake (See above for address) ATTORNEY TO BE NOTICED
Interested Party
Richard Houlihan represented by John Jasnoch Scott+Scott, Attorneys At Law, LLP 707 Broadway, Suite 1000 San Diego, CA 92101 (619)-233-4565 Fax: (619)-233-0508 Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Interested Party
BABA Investor Group represented by Peter E. Borkon Hagens Berman Sobol Shapiro LLP (B'kly) 715 Hearst Avenue Suite 202 Berkeley, CA 94710 (510) 725-303 Fax: (510) 725-3001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R. Kathrein Hagens Berman Sobol Shapiro LLP 715 Hearst Avenue Suite 202 Berkeley, CA 94710 (510) 725-3000 Fax: (510) 725-3001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed # Docket Text
06/24/2015 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Colleen McMahon, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/9/2015) (sjo) (Entered: 06/24/2015)
06/24/2015 Magistrate Judge Ronald L. Ellis is so designated. (sjo) (Entered: 06/24/2015)
06/24/2015 Case Designated ECF. (sjo) (Entered: 06/24/2015)
06/24/2015 2 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Colleen McMahon, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/18/2015) (sjo) (Entered: 06/24/2015)
06/24/2015 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:15-cv-00759(CM), 1:15-cv-00811(CM), 1:15-cv-00991(CM) and 1:15-cv-01405(CM). (sjo) (Entered: 06/24/2015)
06/30/2015 3 NOTICE OF APPEARANCE by Laurence Matthew Rosen on behalf of Christine Asia Co. Ltd., Tai William. Filed In Associated Cases: 1:15-md-02631-CM et al.(Rosen, Laurence) (Entered: 06/30/2015)
06/30/2015 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Christine Asia Co. Ltd., Abel Amoros. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - Reg. Stmt. is too large to attach, # 6 Exhibit 6, # 7 Errata 7)(Rosen, Laurence) Modified on 7/1/2015 (moh). (Entered: 06/30/2015)
07/01/2015 5 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/18/2015 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 7/1/2015) (kgo) (Entered: 07/01/2015)
07/01/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laurence Rosen to RE-FILE Document No. 4 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh) (Entered: 07/01/2015)
07/01/2015 6 AMENDED COMPLAINT amending 4 Amended Complaint, against Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu with JURY DEMAND.Document filed by Tai William, Christine Asia Co. Ltd., Abel Amoros, Gang Liu, Arthur Gabriel, Raymond Lee. Related document: 4 Amended Complaint, filed by Abel Amoros, Christine Asia Co. Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, Reg. Stmt., is too large, # 6 Exhibit 6, # 7 Exhibit 7)(Rosen, Laurence) (Entered: 07/01/2015)
07/09/2015 7 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Jonathan K. Youngwood dated 7/9/15. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.Filed In Associated Cases: 1:15-md-02631-CM et al.(Youngwood, Jonathan) (Entered: 07/09/2015)
07/09/2015 8 NOTICE OF APPEARANCE by James Glenn Kreissman on behalf of Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. Filed In Associated Cases: 1:15-md-02631-CM et al.(Kreissman, James) (Entered: 07/09/2015)
07/09/2015 9 NOTICE OF APPEARANCE by Stephen Patrick Blake on behalf of Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. Filed In Associated Cases: 1:15-md-02631-CM et al.(Blake, Stephen) (Entered: 07/09/2015)
07/09/2015 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Phillip Kim dated July 9, 2015 re: (13 in 1:15-cv-01405-CM, 14 in 1:15-cv-00991-CM, 17 in 1:15-cv-05020-CM, 56 in 1:15-cv-00759-CM, 15 in 1:15-cv-00811-CM, 51 in 1:15-cv-05002-CM, 7 in 1:15-md-02631-CM, 74 in 1:15-cv-04991-CM) LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Jonathan K. Youngwood dated 7/9/15. . Document filed by Christine Asia Co. Ltd., Tai William. Filed In Associated Cases: 1:15-md-02631-CM et al.(Kim, Phillip) (Entered: 07/09/2015)
07/10/2015 11 ORDER granting 7 Letter Motion for Leave to File Excess Pages. OK. (Signed by Judge Colleen McMahon on 7/10/2015) (kgo) (Entered: 07/10/2015)
07/16/2015 12 NOTICE OF APPEARANCE by Simona Gurevich Strauss on behalf of Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. Filed In Associated Cases: 1:15-md-02631-CM et al.(Strauss, Simona) (Entered: 07/16/2015)
07/17/2015 13 NOTICE OF CHANGE OF ADDRESS by Simona Gurevich Strauss on behalf of All Defendants. New Address: Simpson Thacher & Bartlett LLP (CA), 2475 Hanover Street, Palo Alto, CA, USA 94304, (650) 251-5000. Filed In Associated Cases: 1:15-md-02631-CM et al.(Strauss, Simona) (Entered: 07/17/2015)
07/30/2015 14 JOINT LETTER addressed to Judge Colleen McMahon from Jonathan K. Youngwood, Phillip Kim dated July 30, 2015 re: Christine Asia Co., Ltd., et al. v. Alibaba Group Holding Limited, et al., No. 1:15-md-02631 (CM). Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.Filed In Associated Cases: 1:15-md-02631-CM, 1:15-cv-04991-CM, 1:15-cv-05002-CM, 1:15-cv-05020-CM(Youngwood, Jonathan) (Entered: 07/30/2015)
07/31/2015 15 MEMO ENDORSEMENT on re: (23 in 1:15-cv-05020-CM, 80 in 1:15-cv-04991-CM, 57 in 1:15-cv-05002-CM, 14 in 1:15-md-02631-CM) Letter, filed by Jack Yun Ma, Jonathan Zhaoxi Lu, Joseph C. Tsai, Maggie Wei Wu, Alibaba Group Holding Limited. ENDORSEMENT: Conference adjourned until the motion to dismiss is decided. (Signed by Judge Colleen McMahon on 7/31/2015) (kgo) (Entered: 07/31/2015)
07/31/2015 16 MOTION to Dismiss . Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. Responses due by 8/28/2015(Youngwood, Jonathan) (Entered: 07/31/2015)
07/31/2015 17 MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss . . Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Appendix A)(Youngwood, Jonathan) (Entered: 07/31/2015)
07/31/2015 18 DECLARATION of Jonathan K. Youngwood in Support re: 16 MOTION to Dismiss .. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (Part 1 of 2), # 6 Exhibit E (Part 2 of 2), # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H (Part 1 of 2), # 10 Exhibit H (Part 2 of 2), # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20
Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V)(Youngwood, Jonathan) (Entered: 07/31/2015)
08/14/2015 19 NOTICE of WITHDRAWAL OF APPEARANCE OF JOSHUA H. SALTZMAN. Document filed by Claire Rand. (Saltzman, Joshua) (Entered: 08/14/2015)
08/28/2015 20 MEMORANDUM OF LAW in Opposition re: 16 MOTION to Dismiss . . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 08/28/2015)
08/28/2015 21 DECLARATION of Laurence M. Rosen in Support re: 20 Memorandum of Law in Opposition to Motion. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Part I, # 4 Exhibit C - Part II, # 5 Exhibit C - Part III)(Rosen, Laurence) (Entered: 08/28/2015)
08/31/2015 22 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Jonathan K. Youngwood dated August 31, 2015. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.Filed In Associated Cases: 1:15-md-02631-CM et al.(Youngwood, Jonathan) (Entered: 08/31/2015)
09/01/2015 23 LETTER addressed to Judge Colleen McMahon from Phillip Kim dated 09/01/2015 re: Response to Defendants' letter, dkt. #22. Document filed by Christine Asia Co. Ltd., Tai William.Filed In Associated Cases: 1:15-md-02631-CM et al.(Kim, Phillip) (Entered: 09/01/2015)
09/02/2015 24 MEMO ENDORSEMENT on re: 23 LETTER addressed to Judge Colleen McMahon from Phillip Kim dated 09/01/2015 re: Response to Defendants' letter, dkt. #22. Document filed by Christine Asia Co. Ltd., Tai William. ENDORSEMENT: 1. Plaintiff's counsel are correct about my ruling. Mr. Youngwood's letter is silly. 2. 12 point type in Times New Roman yields 24 lines per page. I can't read more than 24 lines per page. Correct. (Signed by Judge Colleen McMahon on 9/2/2015) (rjm) (Entered: 09/03/2015)
09/11/2015 25 REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss . . Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit 1)(Youngwood, Jonathan) (Entered: 09/11/2015)
09/11/2015 26 DECLARATION of Stephen P. Blake in Support re: 16 MOTION to Dismiss .. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Youngwood, Jonathan) (Entered: 09/11/2015)
04/06/2016 27 LETTER addressed to Judge Colleen McMahon from Laurence M. Rosen dated April 6, 2016 re: recent authorities relevant to Defendants' motion to dismiss (ECF No. 17). Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rosen, Laurence) (Entered: 04/06/2016)
04/12/2016 28 LETTER addressed to Judge Colleen McMahon from Jonathan K. Youngwood dated April 12, 2016 re: Recent Authorities Relevant to Defendants' Motion to
Dismiss (ECF No. 17). Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:15-md-02631-CM et al.(Youngwood, Jonathan) (Entered: 04/12/2016)
04/14/2016 29 LETTER addressed to Judge Colleen McMahon from Laurence M. Rosen dated April 14, 2016 re: response to Defendants' April 13 letter regarding supplemental authorities. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 04/14/2016)
06/21/2016 30 MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS granting 16 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss is granted in full. The Clerk of the Court is directed to remove Docket No. 16 from the Court's list of pending motions and to close the file. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/21/2016) (kgo) (Main Document 30 replaced on 6/22/2016) (mro). (Entered: 06/21/2016)
06/21/2016 Transmission to Judgments and Orders Clerk. Transmitted re: 30 Order on Motion to Dismiss,, to the Judgments and Orders Clerk. (kgo) (Entered: 06/21/2016)
06/22/2016 31 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Decision and Order dated June 21, 2016, Defendants' motion to dismiss is granted in full and this case is closed. (Signed by Clerk of Court Ruby Krajick on 6/22/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 06/22/2016)
06/27/2016 32 AMENDED MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS: For the foregoing reasons, Defendants' motion to dismiss is granted in full. The Clerk of the Court is directed to remove Docket No. 16 from the Court's list of pending motions and to close the file. (Signed by Judge Colleen McMahon on 6/24/2016) (kgo) (Entered: 06/27/2016)
07/15/2016 33 INTERNET CITATION NOTE: Material from decision with Internet citation re: 30 Order on Motion to Dismiss. (vf) (Entered: 07/15/2016)
07/20/2016 34 NOTICE OF APPEAL from (30 in 1:15-md-02631-CM) Order on Motion to Dismiss, (85 in 1:15-cv-04991-CM) Clerk's Judgment, (62 in 1:15-cv-05002-CM) Clerk's Judgment, (65 in 1:15-cv-00759-CM, 24 in 1:15-cv-00811-CM) Clerk's Judgment, (22 in 1:15-cv-01405-CM) Clerk's Judgment, (32 in 1:15-md-02631-CM) Order, (23 in 1:15-cv-00991-CM) Clerk's Judgment, (28 in 1:15-cv-05020-CM) Clerk's Judgment, (31 in 1:15-md-02631-CM) Clerk's Judgment,. Document filed by Christine Asia Co. Ltd., Tai William, Abel Amoros, Arthur Gabriel, Raymond Lee, Gang Liu. Filing fee $ 505.00, receipt number 0208-12556626. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:15-md-02631-CM et al.(Rosen, Laurence) (Entered: 07/20/2016)
07/20/2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (24 in 1:15-cv-00991-CM, 34 in 1:15-md-02631-CM, 25 in 1:15-cv-00811-CM, 29 in 1:15-cv-05020-CM, 23 in 1:15-cv-01405-CM, 63 in 1:15-cv-05002-CM, 66 in 1:15-cv-00759-CM, 86 in 1:15-cv-04991-CM) Notice of Appeal,,,. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 07/20/2016)
07/20/2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (24 in 1:15-cv-00991-CM, 34 in 1:15-md-02631-CM, 25 in 1:15-cv-00811-CM, 29 in 1:15-cv-05020-CM, 23 in 1:15-cv-01405-CM, 63 in 1:15-cv-05002-CM, 66 in 1:15-cv-00759-CM, 86 in 1:15-cv-04991-CM) Notice of Appeal,,, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 07/20/2016)
12/05/2017 35 TRUE COPY ORDER of USCA as to (24 in 1:15-cv-00991-CM, 34 in 1:15-md-02631-CM, 25 in 1:15-cv-00811-CM, 29 in 1:15-cv-05020-CM, 23 in 1:15-cv-01405-CM, 63 in 1:15-cv-05002-CM, 66 in 1:15-cv-00759-CM, 86 in 1:15-cv-04991-CM) Notice of Appeal,,, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. USCA Case Number 16-2519-cv.ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED, and the case is REMANDED with instructions. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/05/2017. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 12/05/2017)
12/27/2017 36 MANDATE of USCA (Certified Copy) as to (24 in 1:15-cv-00991-CM, 34 in 1:15-md-02631-CM, 25 in 1:15-cv-00811-CM, 29 in 1:15-cv-05020-CM, 23 in 1:15-cv-01405-CM, 63 in 1:15-cv-05002-CM, 66 in 1:15-cv-00759-CM, 86 in 1:15-cv-04991-CM) Notice of Appeal,,, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. USCA Case Number 16-2519-cv. USCA Case Number 16-2519-cv.ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED, and the case is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/27/2017. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 12/27/2017)
12/27/2017 Transmission of USCA Mandate to the District Judge re: (26 in 1:15-cv-00991-CM, 68 in 1:15-cv-00759-CM, 27 in 1:15-cv-00811-CM, 25 in 1:15-cv-01405-CM, 88 in 1:15-cv-04991-CM, 65 in 1:15-cv-05002-CM, 36 in 1:15-md-02631-CM, 31 in 1:15-cv-05020-CM) USCA Mandate,,. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 12/27/2017)
01/02/2018 37 CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Status Conference on Friday, January 5, 2018 at 10:30 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Status Conference set for 1/5/2018 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/2/2018) (kgo) (Entered: 01/02/2018)
01/02/2018 38 LETTER MOTION to Adjourn Conference scheduled for January 5, 2018 and request for a brief continuance addressed to Judge Colleen McMahon from James G. Kreissman dated January 2, 2018. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.Filed In Associated Cases: 1:15-md-02631-CM et al.(Kreissman, James) (Entered: 01/02/2018)
01/03/2018 39 ORDER granting 38 Letter Motion to Adjourn Conference. Conference adjourned to 1/12/18 @ 10:00 A.M. Status Conference set for 1/12/2018 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/3/2018) (kgo) (Entered: 01/03/2018)
01/12/2018 Minute Entry for proceedings held before Judge Colleen McMahon: Conference held on 1/12/2018. Decision: Scheduling Conference held.Submitted By: Kelsey D. Russell. Court Reporter, Sam Mauro. (mde). (Entered: 01/12/2018)
01/17/2018 40 LETTER addressed to Judge Colleen McMahon from James G. Kreissman dated January 17, 2018 Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 - Stipulation and [Proposed] Scheduling Order, # 2 - Stipulation and [Proposed] Protective Order Regarding Confidential Information and Highly Confidential Information)Filed In Associated Cases: 1:15-md-02631-CM et al.(Kreissman, James) (Entered: 01/17/2018)
01/17/2018 41 LETTER addressed to Judge Colleen McMahon from Laurence Rosen dated 01/17/2018 re: Additional Plaintiffs' Counsel. Document filed by Christine Asia Co. Ltd.. (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 01/17/2018)
01/19/2018 42 STIPULATION AND SCHEDULING ORDER: Pursuant to the Court's order at the Status Conference held on January 12, 2018, the Parties jointly submit the following stipulated case schedule herein for the Court's approval. (As further set forth herein.) ( Deposition due by 3/11/2019., Fact Discovery due by 12/31/2018., Motions due by 3/29/2019., Responses due by 5/10/2019, Replies due by 6/11/2019.) (Signed by Judge Colleen McMahon on 1/18/2018) Filed In Associated Cases: 1:15-md-02631-CM et al.(kgo) (Entered: 01/19/2018)
01/19/2018 43 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND HIGHLY CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 1/18/2018) Filed In Associated Cases: 1:15-md-02631-CM et al.(kgo) (Entered: 01/19/2018)
01/19/2018 44 MEMO ENDORSEMENT on re: 41 Letter filed by Christine Asia Co. Ltd.. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 1/18/2018) (kgo) (Entered: 01/19/2018)
02/13/2018 45 LETTER addressed to Judge Colleen McMahon from James G. Kreissman dated February 13, 2018 Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Stipulation)Filed In Associated Cases: 1:15-md-02631-CM et al.(Kreissman, James) (Entered: 02/13/2018)
02/14/2018 46 STIPULATION CONCERNING OPERATIVE OMISSION OF MATERIAL FACT AND STATEMENTS ALLEGED TO BE MISLEADING BY SUCH OMISSION: IT IS STIPULATED AND AGREED, by and among the parties, THAT: The operative omission of material fact alleged this case is that Defendants failed to disclose the existence, content and significance of the July 16, 2014 administrative guidance meeting allegedly described in the "White Paper Regarding the Administrative Guidance Provided to Alibaba Group" (the "Operative Omission"). Plaintiffs allege that Alibaba had an independent affirmative duty under the federal
securities laws to specifically disclose the Operative Omission; as set forth herein. (Signed by Judge Colleen McMahon on 2/14/2018) Filed In Associated Cases: 1:15-md-02631-CM et al.(mro) (Entered: 02/14/2018)
02/21/2018 47 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14726080. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christine Asia Co. Ltd., Tai William. (Attachments: # 1 Affidavit of Kara M. Wolke, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Wolke, Kara) (Entered: 02/21/2018)
02/21/2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 47 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14726080. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) (Entered: 02/21/2018)
02/21/2018 48 MOTION for Alexa Mullarky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14726286. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christine Asia Co. Ltd., Tai William. (Attachments: # 1 Affidavit of Alexa Mullarky, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Mullarky, Alexa) (Entered: 02/21/2018)
02/21/2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 48 MOTION for Alexa Mullarky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14726286. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) (Entered: 02/21/2018)
02/22/2018 49 ORDER ADMITTING KARA M. WOLKE PRO HAC VICE granting 47 Motion for Kara M. Wolke to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/22/2018) (kgo) (Entered: 02/22/2018)
02/22/2018 50 ORDER ADMITTING ALEXA MULLARKY PRO HAC VICE granting 48 Motion for Alexa Mullarky to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/22/2018) (kgo) (Entered: 02/22/2018)
03/06/2018 51 ORDER of USCA (Certified Copy) as to (24 in 1:15-cv-00991-CM, 34 in 1:15-md-02631-CM, 25 in 1:15-cv-00811-CM, 29 in 1:15-cv-05020-CM, 23 in 1:15-cv-01405-CM, 63 in 1:15-cv-05002-CM, 66 in 1:15-cv-00759-CM, 86 in 1:15-cv-04991-CM) Notice of Appeal,,, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. USCA Case Number 16-2519. Appellants filed an application for costs under Fed. R. App. P. 39. IT IS HEREBY ORDERED that the application for costs is DENIED without prejudice to renewal after the conclusion of the case. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/06/2018. Filed In Associated Cases: 1:15-md-02631-CM et al.(nd) (Entered: 03/06/2018)
03/12/2018 52 MOTION to Certify Class . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order)(Rosen, Laurence) (Entered: 03/12/2018)
03/12/2018 53 MEMORANDUM OF LAW in Support re: 52 MOTION to Certify Class . . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 03/12/2018)
03/12/2018 54 DECLARATION of Laurence Rosen in Support re: 52 MOTION to Certify Class .. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosen, Laurence) (Entered: 03/12/2018)
04/30/2018 55 NOTICE of Defendants' non-opposition to Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel re: 52 MOTION to Certify Class .. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Kreissman, James) (Entered: 04/30/2018)
05/01/2018 56 MEMO ENDORSEMENT granting 52 Motion to Certify Class. ENDORSEMENT: Motion is granted without opposition (see Docket #55). (Signed by Judge Colleen McMahon on 5/1/2018) (kgo) (Entered: 05/02/2018)
06/01/2018 57 ANSWER to 6 Amended Complaint,,. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.(Blake, Stephen) (Entered: 06/01/2018)
06/15/2018 58 MOTION for Melissa C. Wright to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15206323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christine Asia Co. Ltd., Tai William. (Attachments: # 1 Affidavit, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Wright, Melissa) (Entered: 06/15/2018)
06/15/2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Melissa C. Wright to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15206323. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 06/15/2018)
06/18/2018 59 ORDER ADMITTING MELISSA C. WRIGHT PRO HAC VICE granting 58 Motion for Melissa C. Wright to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 6/18/2018) (mml) (Entered: 06/18/2018)
09/18/2018 60 LETTER addressed to Judge Colleen McMahon from Laurence Rosen dated September 18, 2018 re: Conference Call. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 09/18/2018)
09/18/2018 61 LETTER addressed to Judge Colleen McMahon from Laurence Rosen dated September 18, 2018 re: Conference Call [CORRECTED]. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 09/18/2018)
09/27/2018 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (sjo) (Entered: 09/27/2018)
09/28/2018 62 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute, Discovery Supervision. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Colleen McMahon on 9/28/2018) (mml) (Entered: 09/28/2018)
09/30/2018 63 ORDER re: 61 Letter filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. Plaintiffs shall file their Letter-Motion regarding current discovery disputes on Wednesday, October 3, 2018; Defendants shall file their opposition on Monday, October 8, 2018; and Plaintiffs shall file their reply on Tuesday, October 9, 2018. The Court will hold oral argument by telephone on Wednesday, October 10, 2018, at 2 p.m. EST (Signed by Magistrate Judge Stewart D. Aaron on 9/30/18) (Aaron, Stewart) (Entered: 09/30/2018)
09/30/2018 Set/Reset Hearings: Telephonic Oral Argument set for 10/10/2018 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (kl) (Entered: 10/02/2018)
10/02/2018 64 NOTICE OF APPEARANCE by Jing Chen on behalf of Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Chen, Jing) (Entered: 10/02/2018)
10/03/2018 65 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 3, 2018. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1)(Wolke, Kara) (Entered: 10/03/2018)
10/08/2018 66 LETTER MOTION to Adjourn Conference currently scheduled for Wednesday, October 10, 2018 addressed to Magistrate Judge Stewart D. Aaron from James G. Kreissman dated October 8, 2018. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.(Kreissman, James) (Entered: 10/08/2018)
10/08/2018 67 LETTER addressed to Magistrate Judge Stewart D. Aaron from James G. Kreissman dated October 8, 2018 re: Defendants' letter response to Plaintiffs' October 3, 2018 letter motion. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit 1)(Kreissman, James) (Entered: 10/08/2018)
10/09/2018 68 ORDER granting 66 Letter Motion to Adjourn Conference. Before the Court is Defendants' Letter-Motion (ECF No. 66) jointly requesting an adjournment of the October 10 telephonic conference. The request is GRANTED. The telephonic conference will now be held on October 11, 2018 at 9:00 a.m. EDT. The parties shall call the Court's conference line (212-805-0110) once all parties are on the line. No later than 5:00 p.m. EDT on October 10, 2018, Defendants shall email to the Court ([email protected]), for its in camera review, an unredacted version of the English-language translation of Exhibit 1 to Defendants' Letter to the Court, dated October 8, 2018 (ECF No. 67). In addition as part of Plaintiffs' submission due to be filed today (October 9), Plaintiffs shall identify three
of the approximately 650 internal reports that have been redacted by Defendants (other than the Exhibit discussed above) for the Court to review in camera. SO ORDERED. Telephonic Oral Argument set for 10/11/2018 at 09:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 10/9/2018) (kl) (Entered: 10/09/2018)
10/09/2018 69 NOTICE OF APPEARANCE by Steven Francis Molo on behalf of Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Molo, Steven) (Entered: 10/09/2018)
10/09/2018 70 NOTICE OF APPEARANCE by Robert Kelsey Kry on behalf of Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Kry, Robert) (Entered: 10/09/2018)
10/09/2018 71 LETTER addressed to Magistrate Judge Stewart D. Aaron from Simona G. Strauss dated October 9, 2018 Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.(Strauss, Simona) (Entered: 10/09/2018)
10/09/2018 72 LETTER addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 9, 2018 re: Reply Regarding Letter Motion for Discovery Relief. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1 - Transcript, # 2 Exhibit 2 - Letter Dated June 3, 2018, # 3 Exhibit 3 - Letter Dated June 15, 2018)(Wolke, Kara) (Entered: 10/09/2018)
10/11/2018 Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Oral Argument held on 10/11/2018 re: 65 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 3, 2018, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. (kl) (Entered: 10/11/2018)
10/11/2018 73 ORDER re: 65 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 3, 2018, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. No later than Thursday, October 18, 2018, the parties shall submit a proposed briefing schedule regarding the privilege issues raised in Plaintiffs' Letter-Motion (ECF No. 65) or inform the Court that no such briefing is required. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/11/2018) (Text Only Order) (kl) (Entered: 10/11/2018)
10/12/2018 74 OPINION AND ORDER re: 65 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 3, 2018, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. For the foregoing reasons, the portion of Plaintiffs' Letter-Motion regarding redactions is GRANTED. It is hereby ORDERED that Defendants produce unredacted versions of the previously redacted documents no later than November 12, 2018. (Signed by Magistrate Judge Stewart D. Aaron on 10/12/2018) (kl) (Entered: 10/12/2018)
10/12/2018 75 ORDER: IT IS HEREBY ORDERED that, within seven (7) days of the date of this Order: 1. Plaintiffs shall file under seal with the Clerk of Court unredacted versions of the documents filed as ECF Nos. 65 and 72; and 2. Defendants shall file under
seal with the Clerk of Court unredacted versions of the documents filed as ECF Nos. 67. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/12/2018) (kl) (Entered: 10/12/2018)
10/12/2018 79 SEALED DOCUMENT placed in vault.(mhe) (Entered: 10/19/2018)
10/16/2018 76 NOTICE OF APPEARANCE by Caleb Hayes-Deats on behalf of Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Hayes-Deats, Caleb) (Entered: 10/16/2018)
10/18/2018 77 LETTER addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated October 18, 2018 re: Response to Your Honor's Order to Submit a Proposed Briefing Schedule, dkt. #73. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 10/18/2018)
10/19/2018 78 MEMO ENDORSEMENT on re: 77 Letter, filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. We write on behalf of all parties in response to Your Honors order to submit a proposed briefing schedule for any disputes arising out of our recent meet and confer efforts. Although the parties were able to resolve a number of issues, there are some on which Plaintiffs plan to seek relief from the Court. The parties have agreed on the following briefing schedule: Plaintiffs' opening submission of no more than 15 pages due Friday, October 26; Defendants' opposition of no more than 15 pages due Friday, November 2; and any reply of no more than 10 pages due Thursday, November 8 (all briefs to be double-spaced and all page limits exclusive of exhibits). We thank the Court for its time and attention to these matters. ENDORSEMENT: The parties' briefing schedule is APPROVED. SO ORDERED. ( Motions due by 10/26/2018. Responses due by 11/2/2018. Replies due by 11/8/2018.) (Signed by Magistrate Judge Stewart D. Aaron on 10/19/2019) (js) Modified on 3/5/2019 (js). (Entered: 10/19/2018)
10/19/2018 80 SEALED DOCUMENT placed in vault.(mhe) (Entered: 10/22/2018)
10/19/2018 81 SEALED DOCUMENT placed in vault.(mhe) (Entered: 10/22/2018)
10/26/2018 82 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Discovery to Compel. Document filed by Christine Asia Co. Ltd.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rosen, Laurence) Modified on 10/30/2018 (db). (Entered: 10/26/2018)
10/26/2018 83 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 82 MOTION for Discovery to Compel. . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) Modified on 10/30/2018 (db). (Entered: 10/26/2018)
10/26/2018 84 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert K. Kry, Esq. in Support re: 82 MOTION for Discovery to Compel.. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Rosen, Laurence) Modified on 10/30/2018 (db). (Entered: 10/26/2018)
10/30/2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Laurence Matthew Rosen to RE-FILE Document 82 MOTION for Discovery to Compel. Use the event type Compel found under the event list Motion(s). (db) (Entered: 10/30/2018)
10/30/2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Laurence Matthew Rosen to RE-FILE Document 83 Memorandum of Law in Support of Motion, 84 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) (Entered: 10/30/2018)
10/30/2018 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rosen, Laurence) (Entered: 10/30/2018)
10/30/2018 86 MEMORANDUM OF LAW in Support re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents . . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 10/30/2018)
10/30/2018 87 DECLARATION of Robert K. Kry, Esq. in Support re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents .. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Rosen, Laurence) (Attachment 4 replaced on 11/2/2018) (kl). (Entered: 10/30/2018)
10/31/2018 88 JOINT LETTER MOTION to Seal Document 87 Declaration in Support of Motion, 86 Memorandum of Law in Support of Motion, addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen and James G. Kreissman dated 10/31/2018. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 10/31/2018)
11/02/2018 89 TRANSCRIPT of Proceedings re: Telephone Conference held on 10/11/2018 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/31/2019.(vba) (Entered: 11/02/2018)
11/02/2018 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/11/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba) (Entered: 11/02/2018)
11/02/2018 91 NOTICE OF APPEARANCE by Joshua Lon Crowell on behalf of Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Crowell, Joshua) (Entered: 11/02/2018)
11/02/2018 92 ORDER granting 88 Motion to Seal Document. ENDORSEMENT: Request to file under seal with the Clerk's Office is GRANTED. The Court itself has substituted the redacted version of Exhibit 4 to the Kry Declaration (ECF No. 87-4) with the unredacted version on ECF. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/2/2018) (kl) (Entered: 11/02/2018)
11/02/2018 Transmission to Sealed Records Clerk. Transmitted re: 92 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kl) (Entered: 11/02/2018)
11/02/2018 93 MEMORANDUM OF LAW in Opposition re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents . . Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Kreissman, James) (Entered: 11/02/2018)
11/02/2018 94 DECLARATION of Stephen P. Blake in Opposition re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents .. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Blake, Stephen) (Entered: 11/02/2018)
11/02/2018 95 DECLARATION of Timothy A. Steinert in Opposition re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents .. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Kreissman, James) (Entered: 11/02/2018)
11/05/2018 96 NOTICE of Intent to Request Redaction by Stephen Patrick Blake re 89 Transcript,,.(Blake, Stephen) (Entered: 11/05/2018)
11/06/2018 97 ORDER: Before the Court is Plaintiffs' Motion to Compel (ECF No. 85), which is not yet fully briefed. In order to assist the Court in reaching a decision on the pending motion, it is hereby ORDERED, as follows: Within seven days of the date of this Order, Defendants shall serve upon Plaintiffs and shall email to the Court in native format ([email protected]) a revised version of Defendants' October 12, 2018 privilege log (with the log entries numbered to coincide with the numbers assigned by Plaintiffs' counsel, see Kry Declaration, 9 & Ex. 8). Defendants' revised version shall provide for each document, in the "Title" column, an English translation of the Chinese-language content that is contained in that column; and No later than 5:00 p.m. EST on November 9, 2018, Defendants shall email to the Court([email protected]), for its in camera review, the following documents, as listed in Exhibit 8 to the Kry Declaration: Nos. 1, 28, 96, 144, 256, 404, 405,1181, 1296, 1422 and 1743. For document No. 1, Defendants also shall provide to the Court the redacted version of that document, as produced to Plaintiffs. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 11/6/2018) (js) Modified on 11/6/2018 (js). (Entered: 11/06/2018)
11/07/2018 98 JOINT LETTER MOTION to Seal Document 93 Memorandum of Law in Opposition to Motion, 94 Declaration in Opposition to Motion, 95 Declaration in Opposition to Motion, addressed to Magistrate Judge Stewart D. Aaron from James G. Kreissman and Laurence M. Rosen dated November 7, 2018. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.(Kreissman, James) (Entered: 11/07/2018)
11/07/2018 99 ORDER granting 98 Motion to Seal Document. ENDORSEMENT: Request to file under seal with the Clerk's Office is GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/7/2018) (kl) (Entered: 11/07/2018)
11/08/2018 100 REPLY MEMORANDUM OF LAW in Support re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents . . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 11/08/2018)
11/08/2018 101 DECLARATION of Robert K. Kry in Support re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents .. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 12-15 - Placeholder)(Rosen, Laurence) (Entered: 11/08/2018)
11/08/2018 102 ORDER: The parties are directed to appear via telephone for oral argument regarding Plaintiff's motion to compel (ECF No. 85) on Thursday, November 15, 2018, at 4:45 p.m. EST. The parties shall call the Court's conference line at 212-805-0110 once all parties are on the line. SO ORDERED. (Telephonic Oral Argument set for 11/15/2018 at 04:45 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 11/8/2018) (kl) (Entered: 11/08/2018)
11/08/2018 103 NOTICE OF APPEARANCE by Daniel Jonathan Cohen on behalf of Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Cohen, Daniel) (Entered: 11/08/2018)
11/09/2018 104 LETTER MOTION for Extension of Time of the Fact Discovery Cut-Off Date addressed to Magistrate Judge Stewart D. Aaron from Laurence Rosen dated November 9, 2018. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosen, Laurence) (Entered: 11/09/2018)
11/09/2018 105 AMENDED SCHEDULING ORDER: The Parties agree not to seek any further extension of the deadline for the conclusion of fact discovery in this matter. Pursuant to stipulation, IT IS SO ORDERED. Motions due by 4/29/2019. Responses due by 6/10/2019 Replies due by 7/11/2019. Deposition due by 4/11/2019. Fact Discovery due by 2/1/2019. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/2018) (kl) (Entered: 11/09/2018)
11/14/2018 106 JOINT LETTER MOTION to Seal Document 101 Declaration in Support of Motion, 100 Reply Memorandum of Law in Support of Motion, addressed to Magistrate Judge Stewart D. Aaron from Laurence M. Rosen dated November 14, 2018. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 11/14/2018)
11/14/2018 107 SEALED DOCUMENT placed in vault.(rz) (Entered: 11/14/2018)
11/15/2018 108 ORDER granting 106 Motion to Seal Document. Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/15/2018) (js) Transmission to Sealed Records Clerk for processing. (Entered: 11/15/2018)
11/15/2018 Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Oral Argument held on 11/15/2018 re: 85 MOTION to Compel Alibaba Group Holding Limited, et al. to Produce Documents , filed by Arthur Gabriel, Abel Amoros, Christine Asia Co. Ltd., Gang Liu, Raymond Lee, Tai William. (kl) (Entered: 11/16/2018)
11/16/2018 109 ORDER granting in part and denying in part 85 Letter Motion to Compel. Before the Court is Plaintiffs' motion to compel Defendants to produce certain documents that Plaintiffs contend Defendants have improperly withheld or redacted on the basis of attorney-client privilege or work product protection. (ECF No. 85 .) In support of their motion, Plaintiffs identified eleven documents that they contend "raise doubts" about the accuracy of Defendants privilege logs. (Pls.' Mem. of L. in Support Mot. to Compel, ECF No. 86, at 10.) The Court conducted an in camera review of those documents, as well as eleven additional documents selected by the Court. (See 11/6/2018 Order, ECF No. 97.) On November 15, 2018, the Court held a telephone conference with the parties regarding Plaintiffs' motion. For the reasons stated on the record, it is hereby Ordered as follows: 1. No later than Wednesday, November 21, 2018, Defendants shall produce full and complete copies of Document Nos. 1 and 96, and redacted versions of Document Nos.404 and 1181. (See Ex. 11 to Kry Decl., ECF No. 87-11.) The Court finds that the remainder of the documents reviewed in camera were properly designated as privileged and/or work product. 2. Defendants shall submit the following additional fourteen documents to the Court (via email to Chambers) for in camera review: Document Nos. 58, 136, 148, 295, 391, 1187, 1191, 1192, 1226, 1294, 1300 and 1321, all as identified in Ex. 11 to the October 20, 2018 Kry Declaration (ECF No. 87-11); and Document Nos. 194 and 437, both as identified in Ex. 15 to the November 8, 2018 Kry Declaration (ECF No. 101-1.). Any such documents that are in the English language shall be submitted no later than Monday, November 19, 2018. Any such documents that reference Sara Yu shall be submitted no later than Wednesday, November 21, 2018, in order to allow Plaintiffs to prepare for her upcoming deposition. The remaining documents shall be submitted no later than Wednesday, November 28, 2018. 3. No later than Thursday, December 6, 2018, Defendants shall conduct an additional review of their privilege logs to ensure that all of their privilege assertions are appropriate, taking into account the Court's assessment of the documents that have (or will be) reviewed in camera. Any documents that Defendants determine were improperly designated as privileged and/or work product shall be produced to Plaintiffs as soon as that determination is made, but no later than December 6. 4. As the Court finds that Defendants otherwise have made proper privilege assertions and have been operating in good faith, the Court denies Plaintiffs' request for in camera review of additional documents at this time. However, Plaintiffs are not foreclosed from raising future challenges to Defendants' assertions of privilege, upon an additional good cause showing that such review is appropriate. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/16/2018) (kl) (Entered: 11/16/2018)
11/20/2018 110 ORDER: No later than Wednesday, November 28, 2018, Defendants shall EITHER (1) produce to Plaintiffs Document No. 1226 with only the following portions redacted: email sent by Kevin Zhang on 2/1/15 at 6:57 PM, email sent by Wallace
Cheung on 2/1/15 at 6:28 PM, email sent by Joe Tsai on 2/1/15 at 3:09 PM, and email sent by Jane Penner on 2/1/15 at 2:33 PM; OR (2) show cause in a written submission to the Court why the remaining portions of Document No. 1226 are subject to privilege (the version of any written submission made pursuant to this Order that is served on Plaintiffs may be redacted by Defendants to remove information that would divulge matters subject to privilege). So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 11/20/2018) (js) (Entered: 11/20/2018)
11/22/2018 111 ORDER: Per the Court's November 16, 2018 Order (ECF No. 109), the Court has received from Defendants for in camera review the following documents: Document Nos. 136 (both as produced in redacted form and without redaction), 148, 295, 391 and 1321, all as identified in Ex. 11 to the October 20, 2018 Kry Declaration (ECF No. 87-11); and 437 (both as produced in redacted form and without redaction), as identified in Ex. 15 to the November 8, 2018 Kry Declaration. (ECF No. 101-1.) With the exception of certain portions of Document No. 295, the Court finds that the documents reviewed in camera were properly designated as privileged. No later than Wednesday, November 28, 2018, Defendants shall EITHER (1) produce to Plaintiffs Document No. 295 with only the following portions redacted: email sent by Rachel Chen on 1/29/15 at 16:49, email sent by James Wilkinson on 1/29/15 at 4:42 PM, and email sent by Cai Chongxin on 1/29/15 at 4:05 PM; OR (2) show cause in a written submission to the Court why the remaining portions of Document No. 295 are subject to privilege (the version of any written submission made pursuant to this Order that is served on Plaintiffs may be redacted by Defendants to remove information that would divulge matters subject to privilege). SO ORDERED. (TEXT ONLY ORDER) (Signed by Magistrate Judge Stewart D. Aaron on 11/22/2018) (Aaron, Stewart) (Entered: 11/22/2018)
11/23/2018 112 MOTION to Redact 89 Transcript,, Defendants' Notice of Motion and Motion to Redact the Transcript of the October 11, 2018 Discovery Conference. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu.(Blake, Stephen) (Entered: 11/23/2018)
11/23/2018 113 MEMORANDUM OF LAW in Support re: 112 MOTION to Redact 89 Transcript,, Defendants' Notice of Motion and Motion to Redact the Transcript of the October 11, 2018 Discovery Conference. . Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Blake, Stephen) (Entered: 11/23/2018)
11/23/2018 114 DECLARATION of Stephen P. Blake in Support re: 112 MOTION to Redact 89 Transcript,, Defendants' Notice of Motion and Motion to Redact the Transcript of the October 11, 2018 Discovery Conference.. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Attachments: # 1 Exhibit A)(Blake, Stephen) (Entered: 11/23/2018)
11/23/2018 115 DECLARATION of David Ho in Support re: 112 MOTION to Redact 89 Transcript,, Defendants' Notice of Motion and Motion to Redact the Transcript of the October 11, 2018 Discovery Conference.. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. (Blake, Stephen) (Entered: 11/23/2018)
11/23/2018 116 PROPOSED ORDER. Document filed by Alibaba Group Holding Limited, Jonathan Zhaoxi Lu, Jack Yun Ma, Joseph C. Tsai, Maggie Wei Wu. Related Document
Number: 112 . (Blake, Stephen) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/23/2018)
11/26/2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 116 Proposed Order was reviewed and approved as to form. (km) (Entered: 11/26/2018)
11/26/2018 117 ORDER GRANTING DEFENDANTS' MOTION FOR REDACTION OF THE TRANSCRIPT OF THE OCTOBER 11, 2018 DISCOVERY CONFERENCE granting 112 Motion to Redact 89 Transcript. IT IS HEREBY ORDERED that: 1) Defendants' Motion for Redaction of the Discovery Conference Transcript is GRANTED. 2) IT IS FURTHER ORDERED that: (a) a redacted Discovery Conference Transcript be made available on the Court's public docket with the following lines redacted: Page 7, lines 18-21, Page 8, lines 19-22, Page 9, lines 2-5; and 12-19, Page 10, lines 2-12; 15-20; and 25, Page 11, lines 2-6; 10-21; and 24-25, Page 12, lines 2-4; 6-8; and 12-13, Page 15, line 25, Page 16, line 2, Page 17, lines 13-17, Page 21, line 16, Page 23, lines 2-4, Page 26, line 5. (b) the redacted portions of the Discovery Conference Transcript be maintained under seal. IT IS SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/26/2018) (kl) (Entered: 11/26/2018)
11/26/2018 118 SEALED DOCUMENT placed in vault.(rz) (Entered: 11/27/2018)
11/26/2018 119 SEALED DOCUMENT placed in vault.(rz) (Entered: 11/27/2018)
12/04/2018 120 NOTICE OF APPEARANCE by Daniel Isaac Tyre-Karp on behalf of Christine Asia Co. Ltd.. (Tyre-Karp, Daniel) (Entered: 12/04/2018)
04/29/2019 121 MOTION for Settlement preliminary approval, unopposed. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order)(Rosen, Laurence) (Entered: 04/29/2019)
04/29/2019 122 MEMORANDUM OF LAW in Support re: 121 MOTION for Settlement preliminary approval, unopposed. . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 04/29/2019)
04/29/2019 123 DECLARATION of Laurence M. Rosen in Support re: 121 MOTION for Settlement preliminary approval, unopposed.. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1 - Stipulation of Settlement, # 2 Exhibit 2 - Cornerstone Report, # 3 Exhibit 3 - NERA Trends)(Rosen, Laurence) (Entered: 04/29/2019)
04/30/2019 124 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE in case 1:15-cv-00759-CM; granting (121) Motion for Settlement in case 1:15-md-02631-CM-SDA. NOW THEREFORE, IT IS HEREBY ORDERED: 1. Preliminary Approval of the Settlement - The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, as being fair, reasonable and adequate to the Class, subject to further consideration at the Settlement Hearing to be conducted as described below. 2. Settlement Hearing - The Court will hold a settlement hearing (the "Settlement Hearing") on October 16, 2019 at 10:00 AM in Courtroom 24A, United States District Court for the Southern District of New York,
Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, for the following purposes: (a) to determine whether the proposed Settlement on the terms and conditions provided for in the Stipulation is fair, reasonable and adequate to the Class, and should be approved by the Court; (b) to determine whether a Judgment substantially in the form attached as Exhibit B to the Stipulation should be entered dismissing the MDL Action with prejudice against Defendants; (c) to determine whether the proposed Plan of Allocation for the proceeds of the Settlement is fair and reasonable and should be approved; (d) to determine whether the motion by Lead Counsel for an award of attorneys' fees and reimbursement of Litigation Expenses should be approved; as further set forth in this order. (Signed by Judge Colleen McMahon on 4/30/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Additional attachment(s) added on 8/1/2019: # 1 order) (mde). (Entered: 04/30/2019)
04/30/2019 Set/Reset Hearings: Settlement Conference set for 10/16/2019 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 04/30/2019)
04/30/2019 125 LETTER addressed to Judge Colleen McMahon from Laurence Rosen dated April 30, 2019 re: revised [Proposed] Order Preliminarily Approving Settlement and Providing for Notice. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Redlined Text of Revised Proposed Order, # 2 Text of Revised Proposed Order)(Wolke, Kara) (Entered: 04/30/2019)
05/01/2019 126 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: NOW THEREFORE, IT IS HEREBY ORDERED: 1. Preliminary Approval of the Settlement - The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, as being fair, reasonable and adequate to the Class, subject to further consideration at the Settlement Hearing to be conducted as described below. 2. Settlement Hearing - The Court will hold a settlement hearing (the "Settlement Hearing") on October 16, 2019 at 10:00 a.m. in Courtroom 24A, United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, for the following purposes, as further set forth in this Order. Until otherwise ordered by the Court, the Court stays all proceedings in the MDL Action other than proceedings necessary to carry out or enforce the terms and conditions of the Stipulation. Pending final determination of whether the Settlement should be approved, the Court bars and enjoins Plaintiffs, and all other members of the Class, from commencing or prosecuting any and all of the Released Plaintiffs' Claims against each and all of Defendants' Releasees, as further set forth in this Order. (Signed by Judge Colleen McMahon on 5/1/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 05/01/2019)
09/11/2019 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation]. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order - [Proposed] Plan of Allocation Order, # 2 Text of Proposed Order - [Proposed] Final Judgment)(Rosen, Laurence) (Entered: 09/11/2019)
09/11/2019 128 MEMORANDUM OF LAW in Support re: 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation]. . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 09/11/2019)
09/11/2019 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order - [Proposed] Order Awarding Attorneys' Fees and Reimbursement of Litigation Expenses)(Rosen, Laurence) (Entered: 09/11/2019)
09/11/2019 130 MEMORANDUM OF LAW in Support re: 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Rosen, Laurence) (Entered: 09/11/2019)
09/11/2019 131 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 132 Declaration) - DECLARATION of Laurence M. Rosen in Support re: 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation].. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1 - Declaration of Paul Mulholland, # 2 Exhibit 2 - Declaration of Layn R. Phillips, # 3 Exhibit 3 - Expert Report of Charles Silver, # 4 Exhibit 4 - Declaration of Professor Geoffrey P. Miller, # 5 Exhibit 5 - Declaration of Laurence M. Rosen Regarding Rosen Law Firm Lodestar and Expenses, # 6 Exhibit 6 - Declaration of Lionel Z. Glancy, # 7 Exhibit 7 - Declaration of Robert Kry, # 8 Exhibit 8 - Declaration of Adam M. Apton, # 9 Exhibit 9 - Project Attorney Biographies and Work Summaries, # 10 Exhibit 10 - Table of Peer Law Firm Billing Rates, # 11 Exhibit 11 - 2018 Cornerstone Report, # 12 Exhibit 12 - 2018 NERA Report, # 13 Exhibit 13 - Top 100 U.S. Class Action Settlements, # 14 Exhibit 14 - Declaration of William Tai, # 15 Exhibit 15 - Declaration of Abel Amoros, # 16 Exhibit 16 - Declaration of Arthur Gabriel, # 17 Exhibit 17 - Declaration of Raymond Lee, # 18 Exhibit 18 - Declaration of Gang Liu, # 19 Exhibit 19 - In re Pfizer Order, # 20 Exhibit 20 - In re Oxford Health Order, # 21 Exhibit 21 - Anwar v. Fairfield Greenwich Order, # 22 Exhibit 22 - In re U.S. Foodservice Order, # 23 Exhibit 23 - In re Tricor Order, # 24 Exhibit 24 - Cornwell v. Credit Suisse Order, # 25 Exhibit 25 - In re Am. Express Order, # 26 Exhibit 26 - In re Williams Order, # 27 Exhibit 27 - King Objection, # 28 Exhibit 28 - Securities Class Actions of Chinese Companies)(Rosen, Laurence) Modified on 9/13/2019 (db). (Entered: 09/11/2019)
09/12/2019 132 DECLARATION of Laurence M. Rosen, CORRECTED in Support re: 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation].. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1 - Declaration of Paul Mulholland, # 2 Exhibit 2 - Declaration of Layn R. Phillips, # 3 Exhibit 3 - Expert Report of Charles Silver, # 4 Exhibit 4 - Declaration of Professor Geoffrey P. Miller, # 5 Exhibit 5 - Declaration of Laurence M. Rosen Regarding Rosen Law Firm Lodestar and Expenses, # 6 Exhibit 6 - Declaration of Lionel Z. Glancy, # 7 Exhibit 7 - Declaration of Robert Kry, # 8 Exhibit 8 - Declaration of
Adam M. Apton, # 9 Exhibit 9 - Project Attorney Biographies and Work Summaries, # 10 Exhibit 10 - Table of Peer Law Firm Billing Rates, # 11 Exhibit 11 - 2018 Cornerstone Report, # 12 Exhibit 12 - 2018 NERA Report, # 13 Exhibit 13 - Top 100 U.S. Class Action Settlements, # 14 Exhibit 14 - Declaration of William Tai, # 15 Exhibit 15 - Declaration of Abel Amoros, # 16 Exhibit 16 - Declaration of Arthur Gabriel, # 17 Exhibit 17 - Declaration of Raymond Lee, # 18 Exhibit 18 - Declaration of Gang Liu, # 19 Exhibit 19 - In re Pfizer Order, # 20 Exhibit 20 - In re Oxford Health Order, # 21 Exhibit 21 - Anwar v. Fairfield Greenwich Order, # 22 Exhibit 22 - In re U.S. Foodservice Order, # 23 Exhibit 23 - In re Tricor Order, # 24 Errata 24 - Cornwell v. Credit Suisse Order, # 25 Exhibit 25 - In re Am. Express Order, # 26 Exhibit 26 - In re Williams Order, # 27 Exhibit 27 - King Objection, # 28 Exhibit 28 - Securities Class Actions of Chinese Companies)(Rosen, Laurence) (Entered: 09/12/2019)
09/24/2019 133 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Long Z. Liu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17657244. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Myrtle Tan Chao. (Attachments: # 1 Declaration, # 2 Proposed Order)(Liu, Long) Modified on 9/25/2019 (wb). (Entered: 09/24/2019)
09/24/2019 134 NOTICE OF APPEARANCE by Long Z Liu on behalf of Myrtle Tan Chao. (Liu, Long) (Entered: 09/24/2019)
09/24/2019 135 MEMORANDUM OF LAW in Opposition re: 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation]. . Document filed by Myrtle Tan Chao. (Liu, Long) (Entered: 09/24/2019)
09/25/2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 133 MOTION for Long Z. Liu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17657244. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 09/25/2019)
09/25/2019 136 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Long Z. Liu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Myrtle Tan Chao. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Liu, Long) Modified on 9/25/2019 (wb). (Entered: 09/25/2019)
09/25/2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 136 MOTION for Long Z. Liu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing
issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 09/25/2019)
09/25/2019 137 MOTION for Long Z. Liu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Myrtle Tan Chao. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Liu, Long) (Entered: 09/25/2019)
09/25/2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 137 MOTION for Long Z. Liu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 09/25/2019)
09/25/2019 138 MOTION for Abraham S. Odabachian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17661906. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Myrtle Tan Chao. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit)(Liu, Long) (Entered: 09/25/2019)
09/25/2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 138 MOTION for Abraham S. Odabachian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17661906. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/25/2019)
09/26/2019 139 LETTER addressed to Judge Colleen McMahon from Joshua H. Saltzman dated September 6, 2019 re: Removal from Court's Service List. Document filed by Claire Rand.(Saltzman, Joshua) (Entered: 09/26/2019)
09/26/2019 140 ORDER ADMITTING LONG Z LIU PRO HAC VICE granting 137 Motion for Long Z. Liu to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 9/26/2019) (mml) (Entered: 09/26/2019)
10/03/2019 141 LETTER MOTION for Leave to File Excess Pages and Consolidated Reply Memorandum addressed to Judge Colleen McMahon from Laurence M. Rosen dated October 3, 2019. Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William.(Rosen, Laurence) (Entered: 10/03/2019)
10/04/2019 142 MOTION for Abraham S. Odabachian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Myrtle Tan Chao.(Liu, Long) (Entered: 10/04/2019)
10/07/2019 143 ORDER granting 141 Letter Motion for Leave to File Excess Pages. Fine. (Signed by Judge Colleen McMahon on 10/7/2019) (mml) (Entered: 10/07/2019)
10/09/2019 144 REPLY MEMORANDUM OF LAW in Support re: 129 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 127 MOTION for Settlement [Motion for Final Approval of Class Action Settlement and Plan of Allocation]. .
Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Text of Proposed Order [Proposed] Final Judgment)(Rosen, Laurence) (Entered: 10/09/2019)
10/09/2019 145 DECLARATION of Laurence M. Rosen re: 144 Reply Memorandum of Law in Support of Motion, . Document filed by Abel Amoros, Christine Asia Co. Ltd., Arthur Gabriel, Raymond Lee, Gang Liu, Tai William. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Paul Mulholland, # 2 Exhibit 2 - Rosen Letter to King, # 3 Exhibit 3 - King Letter to Rosen, # 4 Exhibit 4 - Liu May 24 Article, # 5 Exhibit 5 - Liu May 24 Interview, # 6 Exhibit 6 - May 30 Epoch Times Article, # 7 Exhibit 7 - Liu May 31 Article, # 8 Exhibit 8 - May 22-23 Emails, # 9 Exhibit 9 - In re Am. Express Order, # 10 Exhibit 10 - In re Bank of N.Y. Mellon Order)(Rosen, Laurence) (Entered: 10/09/2019)
10/16/2019 Minute Entry for proceedings held before Judge Colleen McMahon: Fairness Hearing held on 10/16/2019. Settlement Conference: Fairness Hearing held. No objections registered. Settlement approved. Attorney's fees approved. See today's decision and order for additional details.Submitted By: Michael Thomas. (Court Reporter Mike McDaniel). (mde) (Entered: 10/16/2019)
10/16/2019 146 DECISION AND ORDER APPROVING SETTLEMENT in case 1:15-cv-00759-CM; granting (127) Motion for Settlement; granting (129) Motion for Attorney Fees in case 1:15-md-02631-CM-SDA. The Clerk of the Court is directed to mark the settlement approved, to remove the motions at Docket Nos. 127 and 129 from the Court's list of open motions, and to close the file. (Signed by Judge Colleen McMahon on 10/16/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 10/16/2019)
10/16/2019 147 ORDER AWARDING ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES: Lead Counsel is hereby awarded attorneys' fees in the amount of 25% of the Settlement Fund (plus interest earned thereon at the same rate as the Settlement Fund) and $3,937,803.35 in reimbursement of counsel's out-of-pocket Litigation Expenses (which fees and expenses shall be paid from the Settlement Fund), which sums the Court finds to be fair and reasonable. 5. In making this award of attorneys' fees and reimbursement of expenses to be paid from the Settlement Fund, the Court has considered and found that: (a) The Settlement has created a fund of $250,000,000 in cash that has been funded into escrow pursuant to the terms of the Settlement Agreement, and that numerous Class Members who submit acceptable Claim Forms will benefit from the Settlement that occurred because of the efforts of Lead Counsel; (b) Approximately 1,086,191 copies of the Notice were mailed or e-mailed to potential Class Members and nominees stating that Lead Counsel would apply for attorneys' fees in an amount not exceed 25% of the Settlement Fund and reimbursement of Litigation Expenses in an amount not to exceed $5,000,000. There were no meritorious objections to the requested attorneys' fees and reimbursement of Litigation Expenses; as further set forth in this Order. (f) Plaintiffs' Counsel devoted at least 56,646.51 hours through September 10, 2019, with a lodestar value of approximately $29,034,668.20, to achieve the Settlement; (g) The fee sought by Lead Counsel has been reviewed and approved as reasonable by Plaintiffs, who oversaw the prosecution and resolution of the Action; and (h) The amount of attorneys' fees awarded and expenses to be reimbursed from the Settlement Fund are fair and reasonable and consistent with
awards in similar cases. 6. Class Representatives William Tai and Christine Asia Co., Ltd. are hereby awarded $12,500 from the Settlement Fund as reimbursement for their reasonable costs and expenses directly related to their representation of the Class. 7. Class Representative Abel Amoros is hereby awarded $12,500 from the Settlement Fund as reimbursement for his reasonable costs and expenses directly related to his representation of the Class. 8. Class Representative Arthur Gabriel is hereby awarded $12,500 from the Settlement Fund as reimbursement for his reasonable costs and expenses directly related to his representation of the Class. 9. Class Representative Raymond Lee is hereby awarded $12,500 from the Settlement Fund as reimbursement for his reasonable costs and expenses directly related to his representation of the Class. 10. Class Representative Gang Liu is hereby awarded $ 12,500 from the Settlement Fund as reimbursement for his reasonable costs and expenses directly related to his representation of the Class, as further set forth. (Signed by Judge Colleen McMahon on 10/16/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 10/17/2019)
10/16/2019 148 JUDGMENT APPROVING CLASS ACTION SETTLEMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Jurisdiction - The Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all of the Parties and each of the Class Members for purposes of the Settlement, as further set forth. 4. Final Settlement Approval and Dismissal of Claims - Pursuant to, and in accordance with, Rule 23 of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation: the amount of the Settlement; the Releases provided for therein; and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Class. The Parties are directed to implement, perform and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation. 5. The Action and all of the claims asserted against Defendants in the Action by Plaintiffs and the other Class Members are hereby dismissed with prejudice. The Parties shall bear their own costs and expenses, except as otherwise expressly provided in the Stipulation, as further set forth. 15. Entry of Judgment - There is no just reason to delay the entry of this Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment in this Action. (Signed by Judge Colleen McMahon on 10/16/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 10/17/2019)
10/16/2019 149 ORDER APPROVING PLAN OF ALLOCATION OF NET SETTLEMENT FUND: 4. At least 1,086,191 copies of the Notice, which included the Plan of Allocation, were mailed or e-mailed to potential Class Members and nominees. No objections to the Plan of Allocation have been received. 5. The Court hereby finds and concludes that the formula for the calculation of the claims of Claimants as set forth in the Plan of Allocation mailed to Class Members provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund with due consideration having been given to administrative convenience and necessity. 6. The Court hereby finds and concludes that the Plan of Allocation is, in all respects, fair and reasonable to the Class. 7. There is no just reason for delay in the entry of this Order, and immediate entry by the Clerk of the Court is expressly
directed. (Signed by Judge Colleen McMahon on 10/16/2019) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (mml) (Entered: 10/17/2019)
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