| Court: | nysd |
| Docket #: | 1:11-cv-02666 |
| Case Name: | Korach v. Puda Coal, Inc. et al |
| PACER case #: | 378079 |
| Date filed: | 2011-04-14 |
| Date terminated: | 2014-11-04 |
| Assigned to: | Judge Denise L. Cote |
| Referred to: | Magistrate Judge Henry B. Pitman |
| Case Cause: | 15:78m(a) Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Dan Korach Plaintiff Individually and on behalf of all others similarly situated |
Mario Alba , Jr Daniel Patrick Chiplock Jeffrey A. Berens Marshall Pierce Dees Michael Ira Fistel , Jr. |
| Samuel Blankenship Movant |
David S. Nalven |
| Puda Coal, Inc. Defendant |
|
| Ming Zhao Defendant |
|
| Liping Zhu Defendant |
|
| Qiong Wu Defendant |
|
| Yao Zhao Defendant |
|
| Connie L. Douglass 1996 Revocable Trust Movant |
William Bernard Federman |
| Trinity Global Growth & Income Fund, LP Movant |
William Bernard Federman |
| Greg and Jana Womack Living Trust Movant |
William Bernard Federman |
| Donald Wilkinson Movant |
Andrei V. Rado |
| Robert Thumith Movant |
Andrei V. Rado |
| Sal LaDuca Movant |
David E Kovel |
| Salomon Querub Lead Plaintiff |
Phillip C. Kim |
| Howard Pritchard Plaintiff |
Phillip C. Kim |
| Hotel Ventures Lead Plaintiff |
Phillip C. Kim |
| Puda Coal Shareholder Group Movant |
David Avi Rosenfeld |
| Puda Coal Investors Group Movant |
Frederic Scott Fox , Sr Naumon A Amjed |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-04-14 | 1 | 0 | COMPLAINT against Puda Coal, Inc., Qiong Wu, Ming Zhao, Yao Zhao, Liping Zhu. (Filing Fee $ 350.00, Receipt Number 1004570)Document filed by Dan Korach.(ama) (ama). (Entered: 04/20/2011) | |||
| 2011-05-05 | 2 | 0 | NOTICE OF COURT CONFERENCE: Initial Conference set for 5/26/2011 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 5/5/2011) (jfe) (Entered: 05/05/2011) | |||
| 2011-06-01 | 3 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Barbara S. Jones. Judge Jed S. Rakoff is no longer assigned to the case. (sjo) (Entered: 06/03/2011) | |||
| 2011-06-06 | 4 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Barbara S. Jones on 6/6/11) (cd) (Entered: 06/07/2011) | |||
| 2011-06-13 | 5 | 0 | MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead Counsel. Document filed by Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, Greg and Jana Womack Living Trust.(Federman, William) (Entered: 06/13/2011) | |||
| 2011-06-13 | 6 | 0 | FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF re: 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead Counsel. Document filed by Connie L. Douglass 1996 Revocable Trust, Greg and Jana Womack Living Trust, Trinity Global Growth & Income Fund, LP.(Federman, William) Modified on 6/14/2011 (ka). (Entered: 06/13/2011) | |||
| 2011-06-13 | 7 | 0 | DECLARATION of William B. Federman in Support re: 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead. Document filed by Connie L. Douglass 1996 Revocable Trust, Greg and Jana Womack Living Trust, Trinity Global Growth & Income Fund, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Federman, William) (Entered: 06/13/2011) | |||
| 2011-06-13 | 8 | 0 | MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel. Document filed by Samuel Blankenship.(Nalven, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 9 | 0 | MEMORANDUM OF LAW in Support re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel.. Document filed by Samuel Blankenship. (Nalven, David) (Entered: 06/13/2011) | 2011-06-14 10:38:43 | f9bd61dfbe485d01a42ad51e5a420d357af0de48 | |
| 2011-06-13 | 10 | 0 | DECLARATION of Reed R. Kathrein in Support re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel.. Document filed by Samuel Blankenship. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Nalven, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 11 | 0 | MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL. Document filed by Dan Korach.(Chiplock, Daniel) (Entered: 06/13/2011) | |||
| 2011-06-13 | 12 | 0 | MEMORANDUM OF LAW in Support re: 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Dan Korach. (Chiplock, Daniel) (Entered: 06/13/2011) | 2011-06-14 10:39:53 | 5d50311285d567449ff5733d721207d2727d58b5 | |
| 2011-06-13 | 13 | 0 | DECLARATION of DANIEL P. CHIPLOCK in Support re: 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Dan Korach. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chiplock, Daniel) (Entered: 06/13/2011) | |||
| 2011-06-13 | 14 | 0 | MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695., MOTION to Appoint Counsel Milberg LLP., MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). Document filed by Donald Wilkinson, Robert Thumith. (Attachments: # 1 Text of Proposed Order)(Rado, Andrei) (Entered: 06/13/2011) | |||
| 2011-06-13 | 15 | 0 | MEMORANDUM OF LAW in Support re: 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s).. Document filed by Robert Thumith, Donald Wilkinson. (Rado, Andrei) (Entered: 06/13/2011) | |||
| 2011-06-13 | 16 | 0 | DECLARATION of Andrei V. Rado in Support re: 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s).. Document filed by Robert Thumith, Donald Wilkinson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rado, Andrei) (Entered: 06/13/2011) | |||
| 2011-06-13 | 17 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #28) - NOTICE of Motion. Document filed by Sal LaDuca. (Kovel, David) Modified on 6/14/2011 (ldi). (Entered: 06/13/2011) | |||
| 2011-06-13 | 18 | 0 | FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF re: 17 Notice (Other) Motion of Sal LaDuca for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel. Document filed by Sal LaDuca. (Attachments: # 1 Affidavit David E. Kovel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Kovel, David) Modified on 6/14/2011 (ka). (Entered: 06/13/2011) | 2011-06-14 10:41:44 | 820c19afb733b839df4453ef38da51209f467410 | |
| 18 | 1 | |||||
| 18 | 2 | |||||
| 18 | 3 | |||||
| 18 | 4 | |||||
| 18 | 5 | |||||
| 2011-06-13 | 19 | 0 | MOTION to Consolidate Cases., MOTION to Appoint., MOTION to Appoint Counsel. Document filed by Salomon Querub, Howard Pritchard, Hotel Ventures. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 06/13/2011) | |||
| 2011-06-13 | 20 | 0 | MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695., MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Puda Coal Shareholder Group.(Rosenfeld, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 21 | 0 | MEMORANDUM OF LAW in Support re: 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s).. Document filed by Puda Coal Shareholder Group. (Rosenfeld, David) (Entered: 06/13/2011) | 2011-06-14 10:42:51 | 0297dfe9c5787594db828f5fb048d84d2be00227 | |
| 2011-06-13 | 22 | 0 | DECLARATION of David A. Rosenfeld in Support re: 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s).. Document filed by Puda Coal Shareholder Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rosenfeld, David) (Entered: 06/13/2011) | |||
| 2011-06-13 | 23 | 0 | DECLARATION of Laurence Rosen in Support re: 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel.. Document filed by Hotel Ventures, Howard Pritchard, Salomon Querub. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kim, Phillip) (Entered: 06/13/2011) | |||
| 2011-06-13 | 24 | 0 | MEMORANDUM OF LAW in Support re: 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel.. Document filed by Hotel Ventures, Howard Pritchard, Salomon Querub. (Kim, Phillip) (Entered: 06/13/2011) | 2011-06-14 10:45:13 | 6d2bff73474c7d521228ed75bb210c51328305c1 | |
| 2011-06-13 | 25 | 0 | MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP., MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. Document filed by Puda Coal Investors Group.(Fox, Frederic) (Entered: 06/13/2011) | |||
| 2011-06-13 | 26 | 0 | MEMORANDUM OF LAW in Support re: 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s).. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 06/13/2011) | |||
| 2011-06-13 | 27 | 0 | DECLARATION of Frederic S. Fox in Support re: 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s).. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 06/13/2011) | |||
| 2011-06-14 | 28 | 0 | MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695., MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Sal LaDuca.(Kovel, David) (Entered: 06/14/2011) | |||
| 2011-06-14 | 29 | 0 | MEMORANDUM OF LAW in Support re: 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s).. Document filed by Sal LaDuca. (Kovel, David) (Entered: 06/14/2011) | |||
| 2011-06-14 | 30 | 0 | AFFIDAVIT of David E. Kovel in Support re: 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s).. Document filed by Sal LaDuca. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kovel, David) (Entered: 06/14/2011) | |||
| 2011-06-30 | 31 | 0 | RESPONSE in Support re: 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL. Response of Ho Wing Sit to Competing Motions for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel. Document filed by Dan Korach. (Chiplock, Daniel) (Entered: 06/30/2011) | |||
| 2011-06-30 | 32 | 0 | MEMORANDUM OF LAW in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Robert Thumith, Donald Wilkinson. (Rado, Andrei) (Entered: 06/30/2011) | |||
| 2011-06-30 | 33 | 0 | DECLARATION of ANDREI V. RADO in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Robert Thumith, Donald Wilkinson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rado, Andrei) (Entered: 06/30/2011) | |||
| 2011-06-30 | 34 | 0 | MEMORANDUM OF LAW in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Hotel Ventures, Howard Pritchard, Salomon Querub. (Kim, Phillip) (Entered: 06/30/2011) | |||
| 2011-06-30 | 35 | 0 | DECLARATION of Laurence Rosen in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Hotel Ventures, Howard Pritchard, Salomon Querub. (Kim, Phillip) (Entered: 06/30/2011) | |||
| 2011-06-30 | 36 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Puda Coal Investors Group. (Fox, Frederic) Modified on 7/1/2011 (ldi). (Entered: 06/30/2011) | |||
| 2011-06-30 | 37 | 0 | DECLARATION of Frederic S. Fox in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 06/30/2011) | |||
| 2011-06-30 | 38 | 0 | MEMORANDUM OF LAW in Support re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel. and in Opposition to Competing Motions. Document filed by Samuel Blankenship. (Nalven, David) (Entered: 06/30/2011) | |||
| 2011-06-30 | 39 | 0 | DECLARATION of Reed R. Kathrein in Support re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel.. Document filed by Samuel Blankenship. (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)(Nalven, David) (Entered: 06/30/2011) | |||
| 2011-07-05 | 40 | 0 | MEMORANDUM OF LAW in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 07/05/2011) | |||
| 2011-07-11 | 41 | 0 | REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s).. Document filed by Robert Thumith, Donald Wilkinson. (Attachments: # 1 Exhibit A)(Rado, Andrei) (Entered: 07/11/2011) | |||
| 2011-07-11 | 42 | 0 | REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel.. Document filed by Hotel Ventures, Howard Pritchard, Salomon Querub. (Kim, Phillip) (Entered: 07/11/2011) | |||
| 2011-07-11 | 43 | 0 | REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel. and in Opposition to Competing Motions. Document filed by Samuel Blankenship. (Nalven, David) (Entered: 07/11/2011) | |||
| 2011-07-11 | 44 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY to Response to Motion re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s)., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Puda Coal Investors Group. (Fox, Frederic) Modified on 7/12/2011 (ldi). (Entered: 07/11/2011) | |||
| 2011-07-11 | 45 | 0 | DECLARATION of Frederic S. Fox in Support re: 25 MOTION to Appoint Counsel Kessler Topaz Meltzer & Check, LLP and Kaplan Fox & Kilsheimer LLP. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Puda Coal Investors Group to serve as lead plaintiff(s).. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 07/11/2011) | |||
| 2011-07-12 | 46 | 0 | REPLY MEMORANDUM OF LAW in Opposition re: 8 MOTION to Consolidate Cases 11-2666, 11-2598, 11-2608, 11-2609, 11-2657, 11-2660, 11-2671, 11-2695 To Appoint Lead Plaintiff and Approve Lead Counsel., 14 MOTION to Consolidate Cases 1:11-CV-2666; 1:11-CV-2598; 1:11-CV-2608; 1:11-CV-2609; 1:11-CV-2657; 1:11-CV-2660; 1:11-CV-2695. MOTION to Appoint Counsel Milberg LLP. MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s). MOTION to Appoint Donald Wilkinson and Robert Thumith to serve as lead plaintiff(s)., 19 MOTION to Consolidate Cases. MOTION to Appoint. MOTION to Appoint Counsel., 28 MOTION to Consolidate Cases 1:11-cv-2666, 1:11-cv-2598, 1:11-cv-2608, 1:11-cv-2609, 1:11-cv-2657, 1:11-cv-2660, 1:11-cv-2695. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Sal LaDuca to serve as lead plaintiff(s)., 20 MOTION to Consolidate Cases 11-cv-2598; 11-cv-2608; 11-cv-2609; 11-cv-2657; 11-cv-2660; 11-cv-2666; 11-cv-2695. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Charles Irle, Steve McManus, William Harrison and Jack Hoffman to serve as lead plaintiff(s)., 5 MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead MOTION to Appoint Connie L. Douglass 1996 Revocable Trust, Trinity Global Growth & Income Fund, LP, and Greg and Jana Womack Living Trust to serve as lead plaintiff(s) , Motion to Consolidate and Approval of Lead Plaintiff's Selection of Lead, 11 MOTION to Consolidate Cases 1:11-cv-02666, 1:11-cv-02598, 1:11-cv-02608, 1:11-cv-02609, 1:11-cv-02657, 1:11-cv-02660, 1:11-cv-02695 OF HO WING SIT FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL.. Document filed by Puda Coal Investors Group. (Fox, Frederic) (Entered: 07/12/2011) | |||
| 2011-07-21 | 47 | 0 | MOTION for Naumon A. Amjed to Appear Pro Hac Vice. Document filed by Puda Coal Investors Group.(pgu) (Entered: 07/25/2011) | |||
| 2011-08-01 | 48 | 0 | ORDER GRANTING MOTION TO ADMIT NAUMON A. AMJED PRO HAC VICE, granting 47 Motion for Naumon A. Amjed to Appear Pro Hac Vice. Additional relief as set forth in this Order. (Signed by Judge Barbara S. Jones on 8/1/11) (pl) Modified on 8/11/2011 (pl). (Entered: 08/01/2011) | |||
| 2011-08-18 | 49 | 0 | CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DEEMING TRANSFER MOTION MOOT....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Southern District of New York, filed by Salvador LaDuca is DEEMED MOOT. The Panel has now been advised that the listed Central District of California actions were transferred to the Southern District of New York pursuant to 28 U.S.C. ยง 1404, in orders filed on July 26, 2011, and July 27, 2011, thus depriving this litigation of its multidistrict character. (Signed by MDL Panel on 8/15/2011) (sjo) (Entered: 08/18/2011) | |||
| 2011-11-17 | 50 | 0 | MEMO ENDORSEMENT on [29 in 11cv2598] NOTICE OF WITHDRAWAL; terminating 5 MOTION to Appoint Connie L. Douglass. ENDORSEMENT: The Clerk of the Court is accordingly directed to terminate the following motions: 1. dkt #3, 11 cv2598. 2. dkt #10, 11 cv 2608. 3. dkt #6, 11 cv 2609. 4. dkt. #12, 11 cv 2657. 5. dkt. #6, 11cv 2660. 6. dkt. #5, 11 cv 2666. 7. dkt. #4, 11 cv 2695. (Signed by Judge Barbara S. Jones on 11/17/2011) (djc) (Entered: 11/17/2011) | |||
| 2011-12-06 | 51 | 0 | MEMORANDUM AND ORDER: Having considered the motions for consolidation, appointment of lead plaintiff, and lead counsel, the Court consolidates the actions listed in footnote 1, appoints Salomon Querub, Howard Pritchard and Hotel Venutures LLC as Lead Plaintiffs, and approves the selection of the Rosen Law Firm P.A. and Glancy Binkow & Goldberg LLP as Co-Lead Counsel. The parties are advised that the Court has also entered on today's date a separate Case Management Order in this case. The Case Management Order provides for deadlines and filing instructions to be followed by the parties moving forward. The Clerk of the Court is directed to terminate the following motions set forth within. terminating (7) Motion to Consolidate Cases ; terminating (7) Motion to Appoint Counsel ; terminating (7) Motion to Appoint ; terminating (10) Motion to Appoint Counsel ; terminating (10) Motion to Appoint ; terminating (10) Motion to Consolidate Cases ; terminating (13) Motion to Consolidate Cases ; terminating (13) Motion to Appoint ; terminating (13) Motion to Appoint Counsel ; terminating (16) Motion to Consolidate Cases in case 1:11-cv-02598-BSJ -HBP; terminating (14) Motion to Appoint Counsel ; terminating (14) Motion to Appoint ; terminating (14) Motion to Consolidate Cases in case 1:11-cv-02608-BSJ -HBP; terminating (9) Motion to Appoint Counsel ; terminating (9) Motion to Appoint ; terminating (9) Motion to Consolidate Cases in case 1:11-cv-02609-BSJ -HBP; terminating (16) Motion to Appoint Counsel ; terminating (16) Motion to Appoint ; terminating (16) Motion to Consolidate Cases in case 1:11-cv-02657-BSJ -HBP; terminating (10) Motion to Appoint Counsel ; terminating (10) Motion to Appoint ; terminating (10) Motion to Consolidate Cases in case 1:11-cv-02660-BSJ -HBP; terminating (20) Motion to Consolidate Cases ; terminating (20) Motion to Appoint ; terminating (20) Motion to Appoint Counsel ; terminating (25) Motion to Appoint Counsel ; terminating (25) Motion to Appoint ; terminating (25) Motion to Consolidate Cases ; terminating (28) Motion to Consolidate Cases ; terminating (28) Motion to Appoint ; terminating (28) Motion to Appoint Counsel ; terminating (8) Motion to Consolidate Cases ; terminating (11) Motion to Consolidate Cases ; terminating (14) Motion to Consolidate Cases ; terminating (14) Motion to Appoint Counsel ; terminating (14) Motion to Appoint ; terminating (19) Motion to Consolidate Cases ; terminating (19) Motion to Appoint ; terminating (19) Motion to Appoint Counsel in case 1:11-cv-02666-BSJ -HBP; terminating (8) Motion to Appoint Counsel ; terminating (8) Motion to Appoint ; terminating (8) Motion to Consolidate Cases in case 1:11-cv-02695-BSJ -HBP (Signed by Judge Barbara S. Jones on 12/6/2011) Filed In Associated Cases: 1:11-cv-02598-BSJ -HBP et al.(jfe) (Entered: 12/06/2011) | |||
| 2012-09-17 | 52 | 0 | ORDER granting (94) Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02598-BSJ-HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02608-BSJ -HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02609-BSJ -HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02657-BSJ-HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02660-BSJ -HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02666-BSJ-HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02695-BSJ -HBP; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-04266-BSJ; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-05189-BSJ; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-05190-BSJ; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-05259-BSJ; granting [] Motion for Joshua N. Mitchell to Appear Pro Hac Vice in case 1:11-cv-02671-BSJ (HEREBY ORDERED by Judge Barbara S. Jones)(Text Only Order) Filed In Associated Cases: 1:11-cv-02598-BSJ-HBP et al.(Jones, Barbara) (Entered: 09/17/2012) | |||
| 2012-09-17 | 53 | 0 | ORDER granting (93) Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02598-BSJ-HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02608-BSJ -HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02609-BSJ -HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02657-BSJ-HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02660-BSJ -HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02666-BSJ-HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02695-BSJ -HBP; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-04266-BSJ; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-05189-BSJ; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-05190-BSJ; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-05259-BSJ; granting [] Motion for Kathryn S. Zecca to Appear Pro Hac Vice in case 1:11-cv-02671-BSJ (HEREBY ORDERED by Judge Barbara S. Jones)(Text Only Order) Filed In Associated Cases: 1:11-cv-02598-BSJ-HBP et al.(Jones, Barbara) (Entered: 09/17/2012) | |||
| 2012-09-17 | 54 | 0 | ORDER granting (92) Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02598-BSJ-HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02608-BSJ -HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02609-BSJ -HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02657-BSJ-HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02660-BSJ -HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02666-BSJ-HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02695-BSJ -HBP; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-04266-BSJ; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-05189-BSJ; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-05190-BSJ; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-05259-BSJ; granting [] Motion for Matthew M. Madden to Appear Pro Hac Vice in case 1:11-cv-02671-BSJ (HEREBY ORDERED by Judge Barbara S. Jones)(Text Only Order) Filed In Associated Cases: 1:11-cv-02598-BSJ-HBP et al.(Jones, Barbara) (Entered: 09/17/2012) | |||
| 2012-10-03 | 55 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Barbara S. Jones is no longer assigned to the case. (pgu) (Entered: 10/03/2012) | |||
| 2012-10-16 | 56 | 0 | ORDER: that the Order of Reference to a Magistrate Judge for General Pretrial purposes (Dkt. No. 2) is VACATED. All matters will proceed before Judge Forrest, including discovery disputes. The Clerk of the Court is directed to terminate the reference to the Magistrate Judge. (Signed by Judge Katherine B. Forrest on 10/16/2012) Filed In Associated Cases: 1:11-cv-02598-KBF-HBP et al.(pl) (Entered: 10/16/2012) | |||
| 2013-02-27 | 57 | 0 | ORDER: The Court will hold oral argument on the motions to dismiss pending in this matter on Wednesday, 3/13/2013, at 2:00 p.m. (Oral Argument set for 3/13/2013 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/27/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(tro) (Entered: 02/28/2013) | |||
| 2013-02-28 | 58 | 0 | ORDER: This case was originally filed in April 2011. In connection with the oral argument on the various motions to dismiss the Consolidated Complaint for Violations of the Federal Securities Laws [Corrected] (the "Complaint") in this action--scheduled for March 13, 2013, at 2:00 p.m.--the Court notifies the parties of the following: The Court intends to rule on the pleadings only once--there will not be multiple rounds of motions to dismiss. In light of the fact that the motions now pending were fully briefed in September and December, 2012, and as plaintiffs have not sought leave to amend, the Court assumes that plaintiffs are content to stand on their pleadings. If there is a dismissal of the Complaint as to some or all parties, or as to some or all counts, that dismissal will be with prejudice. ( Oral Argument set for 3/13/2013 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/28/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 02/28/2013) | |||
| 2013-03-07 | 59 | 0 | ORDER: In light of the significant time that has elapsed since this case was filed and motions brought, it is therefore ORDERED that: Not later than March 7, 2013, at 5:00 p.m., defendants shall jointly submit a letter, not to exceed, three pages in length, responding to the statements made in plaintiffs' letter dated March 5, 2013; and Not later than March 8, 2013, at 5:00 p.m., plaintiffs shall notify the Court if they intend to amend their complaint as to some or all defendants. Such letter shall state the particular defendants as to which amendments would be made. The Court shall thereafter determine whether it will adjourn the oral argument scheduled for March 13, 2013. The parties are reminded that at present, and pending the Court's review of the letters requested above, the argument scheduled for March 13, 2013, has NOT been adjourned. (Signed by Judge Katherine B. Forrest on 3/6/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ago) (Entered: 03/07/2013) | |||
| 2013-03-07 | 60 | 0 | ORDER: Oral argument is scheduled on the six motions to dismiss pending in this action for Wednesday, March 13, 2013, at 2:00 p.m.The parties should assume the Court has read--and has familiarity with--the briefs and the complaint, and need not simply recite the arguments in the briefs, or provide detailed factual background.In addition to the other points the parties would like to raise, the Court would like the parties to address the following issuesl at oral argument (organized by movant or group of movants) as further set forth herein. ( Oral Argument set for 3/13/2013 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/6/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ago) Modified on 3/11/2013 (ago). (Entered: 03/07/2013) | |||
| 2013-03-07 | 61 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lionel Z. Glancy dated 3/5/2013 re: Counsel for lead Plaintiff writes last week, the Court set for oral argument, on March 13, 2013, a number of motions brought pursuant to Rule 12(b) by two former directors and various auditors of defendant Puda Coal, Inc. ("Puda" or the "Company"), as well as by two underwriters of Puda's December 2010 stock offering. Dkt. No. 139. The following day, the Court issued an additional order notifying the parties, inter alia: "The Court intends to rule on the pleadings only once." Dkt. No. 140. Lead Plaintiffs Salomon Querub, Howard Pritchard and Hotel Venutures LLC ("Plaintiffs"), who seek to recover substantial damages on behalf of thousands of injured investors, share the Court's stated desire that the action proceed promptly and efficiently. With this goal in mind, Plaintiffs respectfully bring to the Court's attention a number of recent developments as further set forth herein. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 3/6/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ago) (Entered: 03/07/2013) | |||
| 2013-03-08 | 62 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lionel Z. Glancy dated 3/8/2013 re: Pursuant to Your Honor's Order (Dkt. No. 142), Plaintiffs respond to Defendants' letter of March 7, 2013 as follows: Plaintiffs intend to stand on their pleadings with respect to all defendants. Defendants' letter mischaracterizes Plaintiffs' efforts with respect to -- the prosecution of the claims against Ming Zhao: while service on Zhao in China may have occurred in October 2012, the document Plaintiffs received attesting to service is dated in January 2013. Dkt. No. 138. The Supreme People's Court did not return the proof of service to counsel for plaintiffs until January 2013. United States counsel for Zhao first contacted Plaintiffs' counsel regarding service just three weeks ago. Counsel has had experience with delays inherent in the service of defendants in China and their retention of U.S. counsel. It does not follow that such a delay is either indefinite or leads to the party not participating in the action. See Ho v. Duoyuan Global Water, Inc., No. 10-cv-7233 (S.D.N.Y.). Finally, as set forth in detail in Plaintiffs' March 5, 2013 letter, Plaintiffs request permission to amend their complaint to add CITIC as a party defendant.ENDORSEMENT: Ordered. Argument will proceed on the motions as currently scheduled. (Signed by Judge Katherine B. Forrest on 3/8/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ago) (Entered: 03/11/2013) | |||
| 2013-03-18 | 63 | 0 | ORDER: For the reasons stated on the record at the oral argument held in these consolidated cases on March 13, 2013, it is hereby ORDERED as follows: granting in part and denying in part (71) Motion to Dismiss; denying (76) Motion to Dismiss; denying (78) Motion to Dismiss; denying (82) Motion to Dismiss; denying (117) Motion to Dismiss; granting (120) Motion to Dismiss for Lack of Jurisdiction in case 1:11-cv-02598-KBF; IT IS FURTHER ORDERED that the parties remaining in this action will appear for a status conference on Monday, April 15, 2013, at 1:00 p.m. The parties should be prepared at that conference to submit a proposed schedule for all discovery to the Court. SO ORDERED.(Signed by Judge Katherine B. Forrest on 3/15/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ama) (Entered: 03/18/2013) | |||
| 2013-03-20 | 64 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting (146) Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02598-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02608-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02609-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02657-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02660-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02666-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02695-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-04266-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-05189-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-05190-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-05259-KBF; granting [] Motion for Kevin F. Ruf to Appear Pro Hac Vice in case 1:11-cv-02671-BSJ. The motion of Kevin F. Ruf, an attorney at Glancy Binkow & Goldberg LLP, for admission to practice Pro Hac Vice in the above captioned action, is granted. Applicant has declared that he is a member in good standing of the bar of the State of California. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Plaintiffs in the above entitled action: 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 Katherine B. Forrest on 3/20/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ago) (Entered: 03/20/2013) | |||
| 2013-03-25 | 65 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/13/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 4/18/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013.Filed In Associated Cases: 1:11-cv-02598-KBF et al.(Rodriguez, Somari) (Entered: 03/25/2013) | |||
| 2013-03-25 | 66 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/13/13 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...Filed In Associated Cases: 1:11-cv-02598-KBF et al.(Rodriguez, Somari) (Entered: 03/25/2013) | |||
| 2013-06-14 | 67 | 0 | ORDER: The status conference scheduled for Wednesday, July 10, 2013, at 1:00 p.m. shall be heard that same day (Wednesday, July 10, 2013), at 1:30 p.m. ( Status Conference set for 7/10/2013 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/14/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 06/17/2013) | |||
| 2013-07-09 | 68 | 0 | ORDER: The status conference scheduled for Wednesday, July 10, 2013, at 1:30 p.m. is hereby adjourned to Thursday, July 11, 2013, at 1:00 p.m. ( Status Conference set for 7/11/2013 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/9/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/09/2013) | |||
| 2013-07-10 | 69 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Brian J. Massengill dated 7/9/13 re: Counsel writes to request that the status conference be adjourned until the week of July 15, 2013. ENDORSEMENT: ORDERED: The conference shall proceed as scheduled on July 11, 2013, at 1:00 p.m. Moore Stephens Hong Kong may be represented by counsel other than lead trial counsel at this conference only. ( Status Conference set for 7/11/2013 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/10/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/10/2013) | |||
| 2013-07-11 | 70 | 0 | ORDER: As stated on the record at the July 11, 2013, status conference in the above captioned matter, it is hereby ORDERED: Not later than Wednesday, July 17, 2013, defendants may submit a two-page letter responding to plaintiffs' arguments in reply to the pending motion for intervention (ECF No. 176), solely as regards the Second Circuit's ruling in Police & Fire Ret. Sys. of City of Detroit v. IndyMac MBS, Inc., No. 11-2998-CV, 2013 WL 3214588 (2d Cir. June 27, 2013). The Court finds that the materials requested of defendant Moore Stephens Hong Kong by plaintiffs in the letter of Laurence M. Rosen dated July 3, 2013, are broadly relevant. The Court expects the parties to confer further and produce the documents identified in that letter that are relevant and reasonably available. Plaintiffs' opposition to the pending motions for summary judgment (ECF Nos. 188, 194, 196, 199) is now due August 22, 2013; any replies are due September 19, 2013. Any opposition to plaintiffs' motion for class certification (ECF No. 216) is now due August 22, 2013; any reply is due September 19, 2013. Not later than September 19, 2013, the parties shall inform the Court as to whether they request an evidentiary hearing on the motion for class certification. The parties shall appear for a hearing on September 27, 2013, at 2:30 p.m. to argue some or all of the pending motions. The parties shall ensure their class certification experts are available for that hearing. Set Deadlines/Hearing as to (199 in 1:11-cv-02598-KBF) MOTION for Partial Summary Judgment re: (198) First Motion for Partial Summary Judgment., (188 in 1:11-cv-02598-KBF) MOTION for Summary Judgment., (194 in 1:11-cv-02598-KBF) MOTION for Summary Judgment:( Responses due by 8/22/2013, Replies due by 9/19/2013.), ( Oral Argument set for 9/27/2013 at 02:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/11/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/11/2013) | |||
| 2013-07-18 | 71 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Laurence M. Rosen dated 7/18/13 re: Plaintiffs respectfully request that the Court either: (1) overrule the standing objection to merits discovery, and compel Macquarie and Brean to produce documents or, in the alternative, (2) extend out the current schedule by at least 90 days to allow for sufficient time for discovery following the disposition of the Underwriters' summary judgment motion. ENDORSEMENT: Ordered: Any party wishing to respond to this letter-motion shall do so not later than 7/22/13 C.O.B. ( Responses due by 7/22/2013) (Signed by Judge Katherine B. Forrest on 7/18/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/19/2013) | |||
| 2013-07-19 | 72 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 7/11/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 8/12/2013. Redacted Transcript Deadline set for 8/22/2013. Release of Transcript Restriction set for 10/21/2013.Filed In Associated Cases: 1:11-cv-02598-KBF et al.(Rodriguez, Somari) (Entered: 07/19/2013) | |||
| 2013-07-19 | 73 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/11/13 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...Filed In Associated Cases: 1:11-cv-02598-KBF et al.(Rodriguez, Somari) (Entered: 07/19/2013) | |||
| 2013-07-22 | 74 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Greg A. Danilow dated 7/22/13 re: Counsel writes on behalf of Macquarie and Brean Murray Carret & Co. ("Brean Murray," and collectively with Macquarie, the "Underwriters") in response to Plaintiffs' July 18, 2013 letter seeking to compel the Underwriters to provide merits discovery while summary judgment motions are pending that, if granted, would be dispositive of the claims against them. As set forth herein, Plaintiffs' request should be denied. ENDORSEMENT: Ordered: The motion to compel discovery from the Underwriter defendants is denied. Based upon the representations of counsel and the lack of explicit refutation, the summary judgment motion as to the Underwriters appears to be a serious one. While the Court will not pre-determine the outcome of any such motion, it will not order the discovery sought by letter-motion dated 7/18/13 at this time. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/23/2013) | |||
| 2013-07-30 | 75 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Laurence M. Rosen dated 7/26/13 re: Plaintiffs respectfully request that the Court not consider the improper portion of Macquarie's letter brief, or in the alternative, not credit defendants' or their counsel's representations as a factual basis upon which to deny Trellus's motion. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/29/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(mro) (Entered: 07/30/2013) | |||
| 2013-10-01 | 76 | 0 | OPINION & ORDER re: #103648 (258 in 1:11-cv-02598-KBF) MOTION to Amend/Correct (47) Amended Complaint filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Ventures, Steven Weissmann, (199 in 1:11-cv-02598-KBF) MOTION for Partial Summary Judgment re: (198) First Motion for Partial Summary Judgment filed by Moore Stephens, P.C., (216 in 1:11-cv-02598-KBF) MOTION to Certify Class [Notice of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel]. MOTION to Certify Class [Notice of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel] filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Ventures, Steven Weissmann, (194 in 1:11-cv-02598-KBF) MOTION for Summary Judgment filed by C. Mark Tang, Lawrence Wizel, (198 in 1:11-cv-02598-KBF) FIRST MOTION for Partial Summary Judgment filed by Moore Stephens, P.C., (188 in 1:11-cv-02598-KBF) MOTION for Summary Judgment filed by Macquarie Capital (USA) Inc., (176 in 1:11-cv-02598-KBF) MOTION to Intervene By Plaintiffs and Trellus Management Company LLC filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Ventures, Steven Weissmann, (196 in 1:11-cv-02598-KBF) FIRST MOTION for Summary Judgment filed by Moore Stephens Hong Kong. For the reasons set forth above, the Underwriter defendants' motion for summary judgment is GRANTED; the Outside Director defendants' motion for summary judgment is GRANTED; the Auditor defendants' motions for summary judgment are GRANTED; Trellus's motion to intervene is DENIED; plaintiffs' motion for class certification and appointment of class representatives and class counsel is GRANTED as modified; and plaintiffs' motion for leave to amend is DENIED. The Clerk of the Court is directed to terminate the motions at ECF Nos. 176, 188, 194, 196, 198, 199, 216, and 258. (Signed by Judge Katherine B. Forrest on 10/1/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 10/3/2013 (sdi). (Entered: 10/01/2013) | |||
| 2013-10-22 | 77 | 0 | MEMO ENDORSEMENT on re: (268 in 1:11-cv-02598-KBF) Letter filed by Moore Stephens Hong Kong. ENDORSEMENT: Ordered: The facts regarding the document productions herein present nothing unusual or extraordinary--and indeed should have been anticipated and prepared for. The Court will allow depositions to go to Dec. 20, 2013. Expert discovery is extended to Jan. 31, 2014 for all experts. All other dates remain. (Signed by Judge Katherine B. Forrest on 10/22/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 10/22/2013) | |||
| 2014-02-10 | 78 | 0 | ORDER: Accordingly, the parties shall appear on Wednesday, February 19, 2014, at 3:00 p.m., so that plaintiffs may show cause as to why principles of res judicata do not bar their amended complaint. See L-Tec Elecs. Corp. v. Cougar Elec. Org., Inc., 198 F.3d 85 (2d Cir. 1999) (affirming the district court's dismissal of plaintiff's amended complaint, which asserted new claims against defendants who had previously prevailed on summary judgment, as precluded by res judicata, even after plaintiff discovered additional facts following the entry of summary judgment). (Show Cause Hearing set for 2/19/2014 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/10/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(tn) (Entered: 02/10/2014) | |||
| 2014-02-19 | 79 | 0 | ORDER: The hearing to show cause that was originally scheduled for 2/19/2014, shall be held on 3/10/2014 at 02:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 2/19/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(tn) (Entered: 02/19/2014) | |||
| 2014-02-21 | 80 | 0 | MEMORANDUM DECISION & ORDER granting (282) Motion to Amend/Correct (47 in 1:11-cv-02598-KBF) Amended Complaint in case 1:11-cv-02598-KBF. Plaintiffs' motion for leave to file an amended complaint (ECF No. 282) and Trellus Management Company LLC's motion for an indicative ruling (ECF No. 288) are GRANTED. The Clerk of Court shall close the motion at ECF No. 282. The hearing to show cause scheduled for Monday, March 10, 2014 at 2:00 p.m. is ADJOURNED. Plaintiffs shall notify the Court no later than Friday, February 28, 2014, if they intend to withdraw their appeal, move for a remand from the Second Circuit, and submit a Rule 60(b) motion for a grant of their motion for intervention in this Court. Plaintiffs shall file and serve their amended complaint no later than Friday, February 28, 2014. The parties shall confer as to how the amended complaint and Trellus's intervention in the action affect the dispositive motion schedule. The parties shall appear for a status conference to discuss these issues on Monday, March 10,2014, at 2:00 p.m.. (Signed by Judge Katherine B. Forrest on 2/21/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (jar) (Entered: 02/21/2014) | |||
| 2014-03-11 | 81 | 0 | ORDER: parties that wish to write to the Court with their views regarding the Rules 15, 17, and 19 issues shall do so by Monday, March 17, 2014; Plaintiffs' oppositions to defendants Moore Stephen Hong Kong and Moore Stephens, P.C.'s motions for summary judgment shall be filed by Friday, March 21, 2014; Defendants' replies in support of their motions shall be filed by Wednesday, April 9, 2014; and the parties shall confer and write to the Court regarding a proposed schedule with regard to the section 10(b) claim against Macquarie no later than Monday, March 17, 2014. (Responses due by 3/21/2014, Replies due by 4/9/2014.) (Signed by Judge Katherine B. Forrest on 3/11/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (tn) (Entered: 03/11/2014) | |||
| 2014-03-18 | 82 | 0 | ORDER: In terms of claims, the Court will allow Trellus to assert claims against all parties, although whether some or all of those claims will survive a pleadings motion is a question for another day, after full briefing. The Court will not allow wide-reaching discovery. Any additional discovery, which will be mutual, should be carefully circumscribed to just what is truly necessary. Plaintiffs should file any amended complaint that contains any claims by Trellus within 21 days, or by Tuesday, April 8, 2014. The May 19, 2014 trial date is ADJOURNED. The parties should confer on a proposed schedule from here to resolution of this matter, and include, within such schedule, any provisions for additional motions for class certification and any other motions. The parties should also inform the Court if there is any reason why the pending motions for summary judgment of the auditors cannot be decided at this time. The Court is strongly inclined to consider those motions now. (Signed by Judge Katherine B. Forrest on 3/18/2014) ***Filed in 11cv2598 et al.(tn) (Entered: 03/18/2014) | |||
| 2014-03-25 | 83 | 0 | ORDER: that Plaintiffs should submit their oppositions to defendants' motions on Friday, March 28, 2014, as scheduled. Thereafter, the Court shall determine whether it will hold the motions in abeyance. (Responses due by 3/28/2014) (Signed by Judge Katherine B. Forrest on 3/25/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (tn) (Entered: 03/25/2014) | |||
| 2014-04-07 | 84 | 0 | ORDER: For these reasons, the Court vacates its prior decision and grants Trellus's motion to intervene due to "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move" to amend the initial decision. Fed. R. Civ. P. 60(b)(2). Plaintiffs had previously been unable to obtain the document "despite due diligence," United States v. IBT, 247 F.3d 370, 392 (2d Cir. 2001), because the Court had granted a stay of merits discovery pertaining to Macquarie before ruling on its summary judgment motion. Furthermore, this evidence was "of such importance that it probably would have changed the outcome" of the denial of intervention. Id. Accordingly, pursuant to Rule 60(b), this Court vacates the portion of the October 1, 2013 opinion denying Trellus's motion for intervention. (ECF No. 263.) Trellus's motion to become a party plaintiff is GRANTED pursuant to several Federal Rules of Civil Procedure, including Rules 15, 17, 19, and 21. (Signed by Judge Katherine B. Forrest on 4/7/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 04/07/2014) | |||
| 2014-06-26 | 86 | 0 | CORRECTED OPINION & ORDER #104493 re: (297 in 1:11-cv-02598-KBF) MOTION to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou and, filed by Moore Stephens, P.C., (364 in 1:11-cv-02598-KBF) MOTION to Strike Declarations of Anita C.M. Hou and Supplemental Declaration, filed by Moore Stephens, P.C., (298 in 1:11-cv-02598-KBF) MOTION to Disqualify Notice of Motion to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou, filed by Moore Stephens, P.C.: For the reasons set forth above, the Auditors' motions for summary judgment are GRANTED; the Auditors' motions to exclude Hou and strike her declarations are GRANTED; plaintiffs' motions to exclude Mackintosh, Nurczynski, and Weimin are DENIED; and plaintiffs' motion to strike MSHK's Rule 56.1 reply is DENIED. The Clerk of Court shall close the motions at ECF Nos. 297, 298, and 364 and remove the Opinion & Order at ECF No. 384 from the docket. (Signed by Judge Katherine B. Forrest on 6/25/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (tn) Modified on 7/11/2014 (ca). (Entered: 06/26/2014) | |||
| 2014-07-10 | 87 | 0 | ORDER: that defendants Puda and Ming Zhao shall appear and show cause why default judgment shall not enter against them on Wednesday, September 3, 2014, at 3:30 p.m. The Court warns defendants that, should they fail to appear for this show cause hearing, the Court may enter default judgment against them. Plaintiffs shall also appear at the hearing, and shall further provide any additional documentation in support of their claim for $236.7 million in monetary damages prior to the show cause hearing. This shall be plaintiffs' final opportunity to provide support for such claims. Plaintiffs shall serve a copy of this order and a copy of their motion to enter default judgment and supporting papers on defendants no later than two weeks before the hearing, or Wednesday, August 20, 2014. Plaintiff shall file proof of service on ECF. (Show Cause Hearing set for 9/3/2014 at 03:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/10/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (tn) (Entered: 07/10/2014) | |||
| 2014-07-14 | 88 | 0 | OPINION AND ORDER #104513: re: (373 in 1:11-cv-02598-KBF) MOTION to Dismiss the Second Consolidated Class Amended and Supplemental Complaint. filed by Macquarie Capital (USA) Inc., (370 in 1:11-cv-02598-KBF) MOTION to Dismiss Count IV (Securities Fraud) Of The Second Consolidated Amended And Supplemental Complaint. filed by Brean Murray, Carrt & Co., LLC. For the reasons set forth above, the underwriters' motions to dismiss the complaint are DENIED. The Clerk of Court shall terminate the motions at ECF Nos. 370 and 373. The parties shall confer and submit a proposed schedule for there solution of this matter within 10 days, or no later than Thursday, July 24, 2014. (Signed by Judge Katherine B. Forrest on 7/14/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(js) Modified on 7/14/2014 (js). Modified on 7/16/2014 (ca). (Entered: 07/14/2014) | |||
| 2014-07-30 | 89 | 0 | ORDER: The hearing to show cause previously scheduled on September 3, 2014, at 3:30 p.m. is rescheduled to Thursday, September 4, 2014, at 4:00 p.m. The Court warns defendants Puda Coal, Inc. and Ming Zhao that, should they fail to appear for this show cause hearing, the Court may enter default judgment against them. Plaintiffs shall serve a copy of this order on defendants not later than two weeks before the hearing, or by Wednesday, August 20, 2014. Plaintiff shall file proof of service on ECF. (Show Cause Hearing set for 9/4/2014 at 04:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/29/2014) As per chambers, Filed in all member and related cases: 1:11-cv-02598-KBF et al.(tn) (Entered: 07/30/2014) | |||
| 2014-08-08 | 90 | 0 | ORDER re: (404 in case number 11cv2598): Opening papers on class certification due by 9/29/2014; Opposition due by 11/5/2014; Reply due by 11/26/2014. Certification-related Fact Discovery due by 10/14/2014. Plaintiff's class certification expert depositions due by 10/29/2014. Class certification expert discovery due 11/25/2014. Oral Argument on class certification set for 12/5/2014 at 09:00 AM before Judge Katherine B. Forrest. The hearing to show cause regarding plaintiff's motion for default judgment (ECF No. 395) is rescheduled from September 4, 2014, to Thursday, September 18, 2014, at 4:00 p.m. (Signed by Judge Katherine B. Forrest on 8/8/2014) As per instructions from chambers, filed in all member/related cases: 1:11-cv-02598-KBF et al. (tn) Modified on 8/8/2014 (tn). (Entered: 08/08/2014) | |||
| 2014-08-20 | 91 | 0 | ORDER: The hearing to show cause that was originally scheduled for Thursday, September 18, 2014, at 4:00 p.m. shall be held on Friday, October 3, 2014, at 4:00 p.m. (Show Cause Hearing set for 10/3/2014 at 04:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/20/2014) As per chambers, filed in all member and related cases: 1:11-cv-02598-KBF et al.(tn) (Entered: 08/20/2014) | |||
| 2014-08-21 | 92 | 0 | ORDER: In the July 25, 2014 Scheduling Order (ECF No. 402), the date for the next status conference appears as "Tuesday, 9/30/2015 at 1 p.m." For clarification, the next status conference will be held on Tuesday, September 30, 2014, at 1 p.m. (Status Conference set for 9/30/2014 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/21/2014) As per chambers filed in all member/related cases: 1:11-cv-02598-KBF et al.(tn) Modified on 8/21/2014 (tn). (Entered: 08/21/2014) | |||
| 2014-08-25 | 93 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael I. Fistel, Jr. dated 8/22/2014 re: Counsel writes to inform the Court that he withdraws as counsel in the above referenced matter. ENDORSEMENT: ORDERED: Counsel should file a motion to withdraw. (Signed by Judge Katherine B. Forrest on 8/25/2014) (tn) (Entered: 08/25/2014) | |||
| 2014-08-25 | 94 | 0 | ORDER: The Court has received plaintiffs' August 22, 2014 letter regarding the hearing to show cause. (ECF No. 412.) The Court expects that resolution on the papers is likely if no party appears to oppose. Accordingly, any materials supporting the damage amount should be filed not later than Monday, September 22, 2014. Any party seeking to contest those materials shall file a notice stating the same, not later than Monday, September 29, 2014. If there is a factual dispute, then the Court shall hold an evidentiary hearing on Thursday, October 23, 2014, at 4 p.m. SO ORDERED. (Evidentiary Hearing set for 10/23/2014 at 04:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/25/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ja) (Entered: 08/26/2014) | |||
| 2014-09-02 | 95 | 0 | MOTION for Michael I. Fistel, Jr. to Withdraw as Attorney . Document filed by Dan Korach. (Attachments: # 1 Text of Proposed Order)(Fistel, Michael) (Entered: 09/02/2014) | |||
| 2014-09-04 | 96 | 0 | ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: granting 95 Motion to Withdraw as Attorney. FOR GOOD CAUSE SHOWN, Michael I. Fistel, Jr.'s Motion to Withdraw as Counsel in the above-captioned action is GRANTED. The clerk's office is directed to notate the docket accordingly. SO ORDERED. Attorney Michael Ira Fistel, Jr terminated. (Signed by Judge Katherine B. Forrest on 9/03/2014) (ama) Modified on 9/4/2014 (ama). (Entered: 09/04/2014) | |||
| 2014-09-23 | 97 | 0 | ORDER: Upon reviewing the docket, it appears that plaintiffs have not served defendants Puda Coal, Inc. ("Puda") and Ming Zhao ("Zhao") with the documents regarding the show cause hearing. Plaintiffs shall serve, through means other than ECF, a copy of the following documents on defendants Puda and Zhao not later than Monday, October 13, 2014 as further set forth in this order. Plaintiffs shall file proof of service on ECF not later than Friday, October 17, 2014. In light of the failure to serve to defendants Puda and Zhao, the deadlines in the August 25, 2014 Order are hereby extended. Any party seeking to contest the motion for default judgment (ECF Nos. 395, 396, 397) or the materials supporting the damage amount (ECF No. 415) shall file a notice stating the same not later than Monday, November 3, 2014. If there is a factual dispute, then the Court shall hold an evidentiary hearing on Friday, November 14, 2014, at 12 p.m. The Court warns defendants Puda and Zhao that, should they fail to contest the motion for default judgment, the Court may enter default judgment against them in the amount requested by plaintiffs., ( Evidentiary Hearing set for 11/14/2014 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/23/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(lmb) (Entered: 09/23/2014) | |||
| 2014-10-02 | 98 | 0 | ORDER terminating (316) Motion for Reconsideration in case 1:11-cv-02598-KBF. The Court held a status conference in this action on September 30, 2014. The parties stated at that conference that they anticipate meeting the schedule for discovery. The Court reminds the parties that the July 13, 2015 trial date is firm. The Clerk of Court is directed to terminate the motion at ECF No. 316 as moot. (Signed by Judge Katherine B. Forrest on 10/1/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (lmb) (Entered: 10/02/2014) | |||
| 2014-10-02 | 99 | 0 | ORDER: This Order clarifies the dates and procedures governing the rest of the default judgment proceedings: 1. Any party seeking to contest the motion for default judgment or the materials supporting the damage amount shall file a notice stating the same not later than Monday, November 3, 2014. 2. On Friday, November 14, 2014, at 12 p.m., defendants Puda and Zhao shall appear and show cause why default judgment shall not enter against them. 3. Immediately following the show cause hearing and depending on its outcome, the Court shall hold an evidentiary hearing as to the damage amount. 4. The Court warns defendants Puda and Zhao that, should they fail to contest the motion for default judgment and the damage amount, the Court may enter default judgment against them in the amount requested by plaintiffs. Plaintiffs shall serve, through means other than ECF, a copy of this Order on defendants Puda and Zhao not later than Friday, October 10, 2014. Plaintiffs shall file proof of service on ECF not later than Monday, October 13, 2014., ( Show Cause Hearing set for 11/14/2014 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/1/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(lmb) (Entered: 10/02/2014) | |||
| 2014-10-20 | 100 | 0 | TRANSCRIPT of Proceedings re: conference held on 9/30/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. 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 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015.Filed In Associated Cases: 1:11-cv-02598-KBF et al.(McGuirk, Kelly) (Entered: 10/20/2014) | |||
| 2014-10-20 | 101 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/30/14 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...Filed In Associated Cases: 1:11-cv-02598-KBF et al.(McGuirk, Kelly) (Entered: 10/20/2014) | |||
| 2014-11-03 | 102 | 0 | ORDER: The Court is considering whether or not to hear expert testimony with live cross-examination in connection with the pending class certification motion. The parties shall advise the Court as to their views not later than Wednesday, November 5, 2014. (Signed by Judge Katherine B. Forrest on 11/3/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(lmb) (Entered: 11/03/2014) | |||
| 2014-11-04 | 103 | 0 | ORDER: Eleven cases with the following docket numbers were consolidated in 2011:11-cv-2598 (lead case), 11-cv-2608, 11-cv-2609, 11-cv-2657, 11-cv-2660, 11-cv-2666, 11-cv-2695, 11-cv-4266, 11-cv-5189, 11-cv-5190, and 11-cv-5259. (ECF No. 38.) As part of managing its docket, the Court hereby terminates the member cases. All future filings should be made in the lead case (11-cv-2598).The Clerk of Court is directed to terminate the member cases with docket numbers 11-cv-2608, 11-cv-2609, 11-cv-2657, 11-cv-2660, 11-cv-2666, 11-cv-2695,11-cv-4266, 11-cv-5189, 11-cv-5190, and 11-cv-5259. SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/04/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ama) (Entered: 11/04/2014) | |||
| 2014-11-13 | 104 | 0 | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Robin B. Howald dated 11/11/2014 re: Plaintiffs' Response Per Court Order of 11/10/2014 to 11/7/2014 Letter Requesting Default to Be Set Aside. ENDORSEMENT: No witnesses need appear. The default-conference will proceed on November 14 at 2:00 p.m. (Courtroom 15B) (Signed by Judge Denise L. Cote on 11/13/2014) Filed In Associated Cases: 1:11-cv-02598-DLC et al.(gr) (Entered: 11/13/2014) | |||
| 2014-11-13 | 105 | 0 | MEMO ENDORSEMENT regarding (457) Letter Motion for Extension of Time in case 1:11-cv-02598-DLC. ENDORSEMENT: Denied. The parties will be given a further opportunity to address the issue of damages, if a default is entered. (Signed by Judge Denise L. Cote on 11/13/2014) Filed In Associated Cases: 1:11-cv-02598-DLC et al. (gr) (Entered: 11/13/2014) | |||
| 2014-11-17 | 106 | 0 | ORDER ENTERING DEFAULT JUDGMENT: that default is entered against Puda. By an accompanying Order of Reference, the claims against Puda are referred to a Magistrate Judge for an inquest on damages. That inquest shall not occur and no damages shall be awarded until the claims against the other defendants in this litigation have been resolved. ***As per chambers, filed in all member and related cases. (Signed by Judge Denise L. Cote on 11/17/2014) (tn) (Entered: 11/18/2014) | 2014-11-20 08:23:16 | f709012734462a50eef1fcfff364291b8852f551 | |
| 2014-11-17 | 107 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Henry B. Pitman. ***As per chambers, filed in all member and related cases. (Signed by Judge Denise L. Cote on 11/17/2014) (tn) (Entered: 11/20/2014) | |||
| 2014-11-20 | 108 | 0 | SCHEDULING ORDER....Fact Discovery due by 4/15/2015. Expert Discovery due by 6/17/2015. Motion on class certification to be fully submitted by 12/17/2014. Any motion for summary judgment due by 7/15/2015. Responses due by 8/17/2015 Replies due by 9/9/2015....See Scheduling Order for the rest of schedule. (Signed by Judge Denise L. Cote on 11/20/2014) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 11/20/2014) | |||
| 2014-12-15 | 109 | 0 | ORDER granting (469) Motion for Juan Pablo Morillo to Appear Pro Hac Vice in case 1:11-cv-02598-DLC-HBP (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al. (Cote, Denise) (Entered: 12/15/2014) | |||
| 2014-12-16 | 110 | 0 | MEMO ENDORSEMENT granting (473) Letter Motion for Extension of Time to File Reply re (425 in 1:11-cv-02598-DLC-HBP) MOTION to Certify Class , Appointment of Class Representatitves, Certify Securities Act Subclasses and Appointment of Its Class Representative and Reappointment of Class Counsel. ( Reply due by 12/31/2014.) in case 1:11-cv-02598-DLC-HBP. (Signed by Judge Denise L. Cote on 12/16/2014) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al. (gr) (Entered: 12/16/2014) | |||
| 2014-12-17 | 111 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from John S. Williams dated December 16, 2014 re: Request To Compel January Deposition Contained in Letter from Sara Fuks dated December 12, 2014 ENDORSEMENT: Counsel for the parties and the witness shall select a date for the deposition to occur that is no later than 2/6/15. (Signed by Judge Denise L. Cote on 12/17/2014) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/17/2014) | |||
| 2015-03-13 | 112 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Minyao Wang dated 3.13.15 updating the Court on the parties' efforts to resolve the status of documents previously withheld by Defendant Ming Zhau... ENDORSEMENT: Status report is due 3/25/15. (Signed by Judge Denise L. Cote on 3/13/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 03/13/2015) | |||
| 2015-05-01 | 113 | 0 | STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY. (Signed by Judge Denise L. Cote on 5/1/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/01/2015) | |||
| 2015-05-07 | 114 | 0 | ORDER: On May 6, 2015, defendants Moore Stephens Hong Kong and MSPC Certified Public Accountants and Advisors, P.C. (collectively Auditor Defendants) moved pursuant to Fed. R. Civ. P. 54(b) for entry of final judgment dismissing all claims against them. Accordingly, it hereby ORDERED that any party wishing to oppose the motion must submit its opposition by May 22. Auditor Defendants reply, if any, must be submitted by May 29.... (Signed by Judge Denise L. Cote on 5/7/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/07/2015) | |||
| 2015-06-08 | 115 | 0 | MEMO ENDORSEMENT APPROVING NOTICE Of Withdrawal of Robin B. Howald as Counsel for Plaintiffs. (Signed by Judge Denise L. Cote on 6/8/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/08/2015) | |||
| 2015-06-08 | 116 | 0 | ORDER ENTERING FINAL JUDGMENT AS TO MOORE STEPHENS HONG KONG AND MSPC CERTIFIED PUBLIC ACCOUNTANTS AND ADVISORS. (Signed by Judge Denise L. Cote on 6/8/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al. (gr) (Entered: 06/08/2015) | |||
| 2015-07-31 | 117 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Mary K. Dulka dated 7/29/2015 re: Request by the Independent U.S. Directors for permission to electronically file redacted copies of the referred exhibits in support of their summary judgment motion.... ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 7/31/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 07/31/2015) | |||
| 2015-07-31 | 118 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote rom Laurence Rosen dated July 30, 2015 re: Date for Pretrial Filings. ENDORSEMENT: The revision to the schedule of expert discovery is approved. A date for the pretrial order will be set after the summary judgment motions are decided. (Signed by Judge Denise L. Cote on 7/31/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 07/31/2015) | |||
| 2015-09-02 | 119 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from YU SHI dated August 31, 2015 re: Permission to redact certain information in Plaintiffs' summary judgment opposition papers. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/2/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 09/02/2015) | |||
| 2015-10-09 | 120 | 0 | ORDER....Plaintiffs reported to the Magistrate Judge on August 10, 2015 that a settlement has been reached with Brean Murray, Carret & Co. Defendants C. Mark Tang, Lawrence Wizel, and Macquarie Capital (USA) Inc. filed motions for summary judgment that became fully submitted on September 9, 2015. Defendants Liping Zhu, Qiong Laby Wu, and Jianfei Ni have not yet been served. Accordingly, it is hereby ORDERED that by October 16, 2015, plaintiffs shall show cause why the claims against Zhu, Wu, and Ni should not be dismissed for failure to serve them. IT IS FURTHER ORDERED that settlement papers between plaintiffs and defendant Brean Murray, Carret & Co. shall be filed with the Court by October 16, 2015. IT IS FURTHER ORDERED that defendant Ming Zhao is referred the Magistrate Judge for an inquest on damages to occur at the conclusion of proceedings against co-defendants. (Signed by Judge Denise L. Cote on 10/9/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 10/09/2015) | |||
| 2015-10-20 | 121 | 0 | ORDER: On October 9, 2015, plaintiffs were ordered show cause by October 16 why the claims against defendants Liping Zhu, Qiong Laby Wu, and Jianfei Ni should not be dismissed for failure to serve them. On October 19, plaintiffs submitted a letter stating that they do not oppose the dismissal of these defendants. Accordingly, it is hereby ORDERED that defendants Liping Zhu, Qiong Laby Wu, and Jianfei Ni are dismissed from this case. (Signed by Judge Denise L. Cote on 10/20/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 10/20/2015) | |||
| 2015-10-28 | 122 | 0 | LETTER addressed to Judge Denise L. Cote from Laurence Rosen, Co-lead Counsel for Plaintiffs dated October 28, 2015 re: Settlement with Messrs. Wizel & Tang. Document filed by Howard Pritchard.Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(Rosen, Laurence) (Entered: 10/28/2015) | |||
| 2015-10-29 | 123 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Laurence Rosen, Co-lead Counsel for Plaintiffs dated October 28, 2015 re: Settlement with Messrs. Wizel & Tang. Counsel for Plaintiffs and Messrs. Wizel and Tang respectfully request that the Court grant them until 12/1/2015 to submit a stipulation of settlement for the Court's preliminary approval. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/29/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 10/29/2015) | |||
| 2015-11-12 | 124 | 0 | ORDER: On November 4, 2015, the Securities and Exchange Commission (SEC) and plaintiffs in the above referenced class action submitted letters to the Court regarding the potential for joint notice and claims administration of the settlement in the class action and the Fair Fund in the related SEC action. Accordingly, it is hereby ORDERED that the Court will hold a teleconference with the parties regarding the potential for joint notice and claims administration on Friday, November 13, at 11:00 a.m. EST. (Signed by Judge Denise L. Cote on 11/12/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 11/12/2015) | |||
| 2015-12-21 | 125 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Susan S. Pecaro dated December 18, 2015 re:....we anticipate being able to submit a draft distribution plan and proposed joint notice for the Court's approval by 1/29/2016. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/21/2015) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/21/2015) | |||
| 2016-02-17 | 126 | 0 | ORDER: To aid the parties as they provide any comments or requests to the Courts February 10, 2016 revised Joint Notice, the Court shall provide a digital Microsoft Word copy of the revised Joint Notice at the request of any party. The parties may contact chambers to request the Microsoft Word copy. (Signed by Judge Denise L. Cote on 2/17/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 02/17/2016) | |||
| 2016-02-19 | 127 | 0 | ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE for Defendant Brean Murray.... (Signed by Judge Denise L. Cote on 2/19/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 02/19/2016) | |||
| 2016-02-19 | 128 | 0 | ORDER PRELIMINARILY APPROVING PROPOSED PARTIAL SETTLEMENT for the "U.S. Directors".... (Signed by Judge Denise L. Cote on 2/19/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 02/19/2016) | |||
| 2016-02-19 | 129 | 0 | ORDER PRELIMINARILY APPROVING PROPOSED PARTIAL SETTLEMENT for Defendant Macquarie.... (Signed by Judge Denise L. Cote on 2/19/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 02/19/2016) | |||
| 2016-05-20 | 130 | 0 | ORDER: On May 16, 2016, the Court received a claims form from Robin and Bettee Norton with a bank account statement and a page of the Class Notice attached. On May 18, the Court received a letter from Sean S. Macpherson on behalf of Sara Macpherson, stating that Sara Macpherson elects not to participate in the Class and objects to the proposed settlement. This correspondence will be filed under seal, and copies shall be provided to plaintiffs counsel. (Signed by Judge Denise L. Cote on 5/20/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/20/2016) | |||
| 2016-05-27 | 131 | 0 | LETTER addressed to Judge Denise L. Cote from Adolf Otto Schaap dated 5/21/2016 re: Fairness Hearing. Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/27/2016) | |||
| 2016-05-27 | 132 | 0 | LETTER from Robert Freilich dated 5/21/2016 re: Fairness Hearing. Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/27/2016) | |||
| 2016-06-09 | 133 | 0 | ORDER: On May 24, 2016, the Court received a letter objecting to the proposed settlement from Douglas K. Janson with bank account statements attached. This correspondence will be filed under seal. (Signed by Judge Denise L. Cote on 6/9/2016) Copy of Order mailed to Douglas K. Janson.Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/09/2016) | |||
| 2016-06-16 | 134 | 0 | ORDER: It is hereby ORDERED that the Fairness Hearing is rescheduled for June 21, 2016 at 11:00 a.m. (Signed by Judge Denise L. Cote on 6/16/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/16/2016) | |||
| 2016-06-22 | 135 | 0 | FINAL ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE.....as to Defendant Macquarie Capital (USA) Inc. ("Macquarie," and together with the Plaintiffs, the "Settling Parties")..... (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) Modified on 6/22/2016 (gr). (Entered: 06/22/2016) | |||
| 2016-06-22 | 136 | 0 | FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE......as to Defendant Brean Murray, Carret & Co. ("Brean Murray," and together with Plaintiffs, the "Settling Parties").....The Court directs immediate entry of this Judgment by the Clerk of the Court pursuant to Rule 54b, there being no just reason for delay. (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) Modified on 6/22/2016 (gr). (Entered: 06/22/2016) | |||
| 2016-06-22 | 137 | 0 | BAR AND JUDGMENT REDUCTION ORDER..... (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/22/2016) | |||
| 2016-06-22 | 138 | 0 | FINAL ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE....as to defendants Lawrence S. Wizel and C. Mark Tang (the U.S. Directors" and together with the Plaintiffs, the "Settling Parties")...... (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/22/2016) | |||
| 2016-06-22 | 139 | 0 | STIPULATED JUDGMENT FOR SETTLEMENT PURPOSES ONLY AGAINST DEFENDANTS LAWRENCE S. WIZEL AND C. MARK TANG..... (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/22/2016) | |||
| 2016-06-22 | 140 | 0 | ORDER AWARDING PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND AWARDS TO PLAINTIFFS.... (Signed by Judge Denise L. Cote on 6/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/22/2016) | |||
| 2016-06-23 | 141 | 0 | ORDER: Final judgments having been entered on June 22, 2016 against the remaining defendants in the above-captioned matter pursuant to Rule 54(b), Fed. R. Civ. P., it is hereby ORDERED that the Magistrate Judge may begin the inquests of defendants Puda Coal, Inc. and Ming Zhao. Pursuant to the Order issued on April 1, 2015, Defendant Zhao may be served through his former counsel, Quinn Emanuel Urquhart & Sullivan LLP. (Signed by Judge Denise L. Cote on 6/22/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 06/23/2016) | |||
| 2016-08-08 | 142 | 0 | MEMO ENDORSED granting (623) Letter Motion addressed to Judge Cote from Laurence Rosen dated 8/4/2016 for an extension of Time to file MSPC settlement papers. (Signed by Judge Denise L. Cote on 8/8/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al. (gr) (Entered: 08/08/2016) | |||
| 2016-09-09 | 143 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Laurence Rosen dated September 9, 2016 re: to request a brief extension of time to submit settlement papers in connection with Plaintiffs settlement from 9/9/2016 to 9/16/2016. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/9/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 09/09/2016) | |||
| 2016-11-22 | 144 | 0 | ORDER: On November 22, 2016, a telephone conference was held with lead counsel for the plaintiffs and counsel for defendant Moore Stephens, P.C. (MSPC) regarding the plaintiffs motion for preliminary approval of a proposed class-action settlement with MSPC. Accordingly, it is hereby ORDERED that the plaintiffs shall submit, by December 2, 2016, a supplemental memorandum of law with revised proposed notices, as well as a supplemental preliminary approval order to reflect these revisions. The plaintiffs shall hand-deliver a courtesy copy of these submissions no later than December 2. (Signed by Judge Denise L. Cote on 11/22/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 11/22/2016) | |||
| 2016-12-08 | 145 | 0 | ORDER: On December 2, 2016, the plaintiffs in the above-captioned class action submitted a proposed Notice of Settlement for approval. The Court has attached a revised Notice to this Order. Accordingly, it is hereby ORDERED that the parties shall submit any comments or requests regarding the revised Notice by December 12. (Signed by Judge Denise L. Cote on 12/8/2016) (Attachment: # 1 Revised Notice of Settlement)Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/08/2016) | |||
| 2016-12-12 | 146 | 0 | ORDER: On December 2, 2016, plaintiffs in the above-captioned class action submitted a proposed Notice of Settlement for approval. Accompanying said Notice was a motion to appoint Robert Seiden as Receiver of Puda Coal, Inc. (Puda), a Delaware corporation. Accordingly, it is hereby ORDERED that plaintiffs counsel shall, by December 14, explain why they should not be required to apply to a Delaware court for receivership over Puda. IT IS FURTHER ORDERED that the plaintiffs shall, by December 14, revise the December 2 Notice to provide that: (1) if the application for receivership is granted by the Delaware court, up to $50,000 in funds subject to the December 2 Notice may be used to retain the Receiver; and (2) if the application for receivership is denied by the Delaware court, a Receiver will not be appointed and the $50,000 originally designated to retain a Receiver may be either distributed to authorized claimants and/or used to reimburse costs taxed in favor of Moore Stephens Hong Kong. (Signed by Judge Denise Cote on 12/12/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(hm) (Entered: 12/12/2016) | |||
| 2016-12-20 | 147 | 0 | ORDER: On December 19, 2016, the plaintiffs in the above-captioned class action submitted a proposal for the allocation of the $125,000 in Moore Stephens, P.C. settlement funds. The Court has attached a revised Notice to this Order that reflects this proposal. Accordingly, it is hereby ORDERED that the parties shall submit any comments or requests regarding the revised Notice by December 21. (Signed by Judge Denise L. Cote on 12/20/2016) (Attachment: # 1 Revised Notice)Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/20/2016) | |||
| 2016-12-21 | 148 | 0 | ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT (Signed by Judge Denise L. Cote on 12/21/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/21/2016) | |||
| 2016-12-30 | 149 | 0 | ORDER VACATING MSPC PRELIMINARY APPROVAL ORDER.... (Signed by Judge Denise L. Cote on 12/30/2016) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 12/30/2016) | |||
| 2017-01-17 | 150 | 0 | ORDER AUTHORIZING THE DISTRIBUTION OF THE NET SETTLEMENT FUND. (Signed by Judge Lewis A. Kaplan, Part I on 1/17/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al. (gr) (Entered: 01/17/2017) | |||
| 2017-01-30 | 151 | 0 | ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT (Signed by Judge Paul A. Engelmayer for Judge Denise Cote on 1/30/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(hm) (Entered: 01/30/2017) | |||
| 2017-02-08 | 152 | 0 | OPINION AND ORDER ACCEPTING REPORT AND RECOMMENDATION #107037. Finding no clear error in Magistrate Judge Pitmans Report, the Report is adopted without modification. The Clerk of Court shall enter judgment against Puda Coal, Inc. and Ming Zhao, jointly and severally, for $228 million. Appellate review of this decision is unavailable because neither party filed written objections to the Magistrate Judges Report. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). (Signed by Judge Denise L. Cote on 2/8/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) Modified on 2/15/2017. (ap) Modified on 2/15/2017 (ap). (Entered: 02/08/2017) | |||
| 2017-04-04 | 153 | 0 | ORDER: On April 4, 2017, the Court received the attached letter from Mr. Neil Feinberg regarding a December 29, 2016 letter that he received from the Claims Administrator. According to Mr. Feinberg, after receiving the December 29 letter, he contacted the Administrator and was advised that the Administrator had allowed a grace period to the first week of January 2017 to file claims. It is hereby ORDERED that the plaintiffs shall respond to Mr. Feinbergs letter by April 7, 2017, and shall file their responsive letter on ECF. (Signed by Judge Denise L. Cote on 4/4/2017) (Attachment: # 1 Letter from Neil Feinberg to the Court)Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 04/04/2017) | |||
| 2017-04-10 | 154 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Joshua L. Crowell dated April 7, 2017 re: Response to Letter from Neil Feinberg. ENDORSEMENT: Provide this letter to Mr. Feinberg. (Signed by Judge Denise L. Cote on 4/10/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 04/10/2017) | |||
| 2017-04-20 | 155 | 0 | LETTER addressed to Sir or Madam from Gerald F. Giffin re: Objection to the MSPC settlement. ENDORSEMENT: Received by the Clerk's Office on 4/18; by Chambers on 4/19/17. Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 04/20/2017) | |||
| 2017-05-03 | 156 | 0 | NOTICE OF ATTORNEY WITHDRAWAL of John Brandon Walker, counsel for Lead Plaintiffs Salomon Quereb, Howard Pritchard, and Hotel Ventures LLC......So Ordered. (Signed by Judge Denise L. Cote on 5/3/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/03/2017) | |||
| 2017-05-03 | 157 | 0 | ORDER.....Lead Counsel Rosen Law Firm and Glancy Prongay are authorized by the Court to enforce or execute, solely or jointly, on the Stipulated Judgment on behalf of the Settlement Class against PICC Property and Casualty Company Limited Beijing Branch....and has the plenary authority to represent the Settlement Class in any proceedings against PICC Property and Casualty Limited Beijing Branch....in China and globally. (Signed by Judge Denise L. Cote on 5/3/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr) (Entered: 05/03/2017) |