| Court: | nysd |
| Docket #: | 1:12-cv-04841 |
| Case Name: | Evolution Capital Management, LLC et al v. CDC Software Corporation et al |
| PACER case #: | 398294 |
| Date filed: | 2012-06-20 |
| Date terminated: | 2012-12-31 |
| Assigned to: | Judge Alison J. Nathan |
| Case Cause: | 28:1452 R&R re motions to remand (non-core) |
| Nature of Suit: | 160 Stockholders Suits |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Evolution Capital Management, LLC Plaintiff |
Aaron Mark Zeisler |
| Evolution CDC SPV Ltd. Plaintiff |
Aaron Mark Zeisler |
| Global Opportunities Fund Ltd., SPC, Segregated Portfolio M. Plaintiff formerly known asEvolution Master Fund Ltd., SPC, Segregated Portfolio M |
Aaron Mark Zeisler |
| Evo China Fund Plaintiff |
Aaron Mark Zeisler |
| E1 Fund Ltd. Plaintiff |
Aaron Mark Zeisler |
| Global Opportunities Fund Ltd. Plaintiff |
Aaron Mark Zeisler |
| Segregated Portfolio M Plaintiff |
Aaron Mark Zeisler |
| SPC Plaintiff |
Aaron Mark Zeisler |
| CDC Software Corporation Defendant |
Matthew Osborn Solum |
| Wong Chung Kiu Defendant also known asC.K. Wong |
Christopher George Karagheuzoff |
| Yip Hak Yung Defendant also known asPeter Yip |
Daniel Peter Goldberg |
| Asia Pacific Online Limited Defendant also known asAsia Pacific On-Line Limited |
Avi Brian Israeli Daniel Peter Goldberg |
| Ch'ien Kuo Fung Defendant also known asRaymond Ch'ien |
Christopher George Karagheuzoff |
| Francis Kwok-Yu Au Defendant |
Frederick D. Friedman Richard Franklin Albert Michael James Dailey |
| Donald L. Novajosky Defendant |
Charles T. Spada Daniel E. Reynolds |
| Monish Bahl Defendant |
Jefferson M. Allen Steven J. Estep Eric Brian LaMons |
| Thomas M. Britt, III Defendant |
Christopher George Karagheuzoff Eric Lopez Schnabel Richard Howard Silberberg |
| Wong Kwong Chi Defendant also known asSimon Wong |
Christopher George Karagheuzoff |
| Wang Cheung Yue Defendant also known asFred Wang |
Christopher George Karagheuzoff |
| C.K. Wong Defendant |
Eric Lopez Schnabel Richard Howard Silberberg |
| Raymond Ch'ien Defendant |
Eric Lopez Schnabel Richard Howard Silberberg |
| Fred Wang Defendant |
Eric Lopez Schnabel Richard Howard Silberberg |
| Simon Wong Defendant |
Eric Lopez Schnabel Richard Howard Silberberg |
| CDC Software Corporation Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-06-20 | 1 | 0 | NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 651395-12. (Filing Fee $ 350.00, Receipt Number 1041568).Document filed by Asia Pacific Online Limited.(mro) (ml). (Entered: 06/25/2012) | |||
| 2012-06-20 | 2 | 0 | STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 06/25/2012) | |||
| 2012-06-25 | 3 | 0 | CERTIFICATE OF SERVICE of Notice of Removal served on Evolution Capital Management, LLC; Evolution CDC SPV Ltd.; Global Opportunities Fund Ltd. SPC, Segregated Portfolio M (f/k/a "Evolution Master Fund Ltd., SPC, Segregated Portfolio M"); Evo China Fund; E1 Fund, Ltd.; CDC Software Corp.; Wong Chung Kiu (a/k/a "C.K. Wong"); Ch'ien Kuo Fung (a/k/a "Raymond Ch'ien"); Francis Kwok-Yu Au; Donald L. Novajosky; Monish Bahl; Thomas M. Britt III; Wong Kwong Chi (a/k/a "Simon Wong"); and Wang Cheung Yue (a/k/a "Fred Wang") on June 21, 2012. Service was made by Mail. Document filed by Asia Pacific Online Limited. (Israeli, Avi) (Entered: 06/25/2012) | 2012-06-26 04:18:41 | b16c165bc5a1857c2baf2b27a84df7cf7d8eb912 | |
| 2012-07-03 | 5 | 0 | NOTICE OF APPEARANCE by Aaron Mark Zeisler on behalf of E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M. (Zeisler, Aaron) (Entered: 07/03/2012) | 2012-07-04 03:42:39 | 7b16dbf22c277b9ffeefd4e8f1f4be22dc94af40 | |
| 2012-07-12 | 6 | 0 | MOTION to Remand to State Court. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M..(Zeisler, Aaron) (Entered: 07/12/2012) | 2012-07-13 04:31:55 | 920a73fb979d1b8a13e331ee063e17b490e6a072 | |
| 2012-07-12 | 7 | 0 | MEMORANDUM OF LAW in Support re: 6 MOTION to Remand to State Court.. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M.. (Zeisler, Aaron) (Entered: 07/12/2012) | 2012-07-13 04:33:29 | aa187bbcfc88bf63b64f48a379b0af2a655db93d | |
| 2012-07-13 | 8 | 0 | STIPULATION AND ORDER EXTENDING TIME TO ANSWER:IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties and subject to the approval of this Court, that the time for defendants APOL, CDC Software, Monish Bahl, Donald Novajosky, C.K. Wong, Raymond Ch'ien, Thomas Britt, Simon Wong and Fred Wang to move, answer or otherwise respond with respect to the complaint filed in this action (except as to sufficiency of service of process) is extended until 30 days after: (i) a ruling or order denying CDC Corporation's motion for preliminary injunction in the Adversary Proceeding, or (ii) any withdrawal or resolution of CDC Corporation's preliminary injunction motion as further set forth in this order. (Signed by Judge Alison J. Nathan on 7/13/2012) (lmb) (Entered: 07/13/2012) | |||
| 2012-07-25 | 9 | 0 | STIPULATION EXTENDING TIME TO OPPOSE MOTION TO REMAND: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties and subject to the approval of this Court, that the time for defendants APOL, CDC Software, Monish Bahl, Donald Novajosky, C.K. Wong, Raymond Ch'ien, Thomas Britt, Simon Wong and Fred Wang to oppose Plaintiffs'Motion to Remand shall be extended up to and including August 17, 2012. IT IS FURTHER STIPULATED AND AGREED that Plaintiffs' time to reply to such opposition sHa1l be extended up tn and including September 13, 2012.( Responses due by 8/17/2012, Replies due by 9/13/2012.) (Signed by Judge Alison J. Nathan on 7/25/2012) (djc) (Entered: 07/26/2012) | |||
| 2012-07-26 | 10 | 0 | ACKNOWLEDGMENT OF SERVICE. Yip Hak Yung served on 7/25/2012, answer due 8/15/2012. Service was accepted by Avi Israeli, Counsel for Defendant Yip Hak Yung. Document filed by Evolution CDC SPV Ltd.; Evolution Capital Management, LLC; E1 Fund Ltd.; Global Opportunities Fund Ltd., SPC, Segregated Portfolio M. ; Evo China Fund. (Zeisler, Aaron) (Entered: 07/26/2012) | |||
| 2012-08-14 | 11 | 0 | ORDER GRANTING EXTENSION OF TIME TO MOVE ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT: It is hereby ordered that the time for Defendants to move, answer, or otherwise respond to the complaint shall be extended up to and including September 7, 2012. So Ordered (Signed by Judge Alison J. Nathan on 8/14/2012) (js) (Entered: 08/15/2012) | |||
| 2012-08-14 | 12 | 0 | Letter addressed to Judge Alison J. Nathan from Daniel P. Goldberg dated 8/7/2012 re: Defendants request an extension of time to answer or otherwise move with respect to the complaint until 30 days after this Court decides Plaintiffs' motion to remand. enclosed is a proposed order reflecting the extension for Defendants to answer or move to dismiss to September 7, 2012, as proposed by Plaintiff. Document filed by Asia Pacific Online Limited, Yip Hak Yung.(js) (Entered: 08/15/2012) | |||
| 2012-08-14 | 13 | 0 | Letter addressed to Judge Alison J. Nathan from Aaron M. Zeisler dated 8/8/2012 re: Respectfully, the Court should not extend defendants' answer period beyond September 7- the extension that plaintiffs have offered in addition to the two-plus months that defendants have already enjoyed. Document filed by Evolution Capital Management, LLC.(js) (Entered: 08/15/2012) | |||
| 2012-08-14 | 14 | 0 | Letter addressed to Judge Alison J. Nathan from Daniel P. Goldberg dated 8/8/2012. re:Counsel writes in response to Mr. Zeisler's letter of earlier today to submit the complete email chain of my exchange with him (which is attached), as Mr. Zeisler did not submit my responses to his last email, which we believe bear on the issue. As to Mr. Zeisler's statement that we omitted from the proposed order a tolling of the statute of limitations for the claims already asserted by Plaintiffs, we did not intend to foreclose that possibility. If Plaintiffs will agree to the construct we proposed, as we advised Mr. Zeisler, Defendants would agree to such a tolling, and we certainly would not object to Your Honor so ordering as much. Document filed by Asia Pacific Online Limited.(js) (Entered: 08/15/2012) | |||
| 2012-08-17 | 15 | 0 | CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia. Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung.(Goldberg, Daniel) (Entered: 08/17/2012) | |||
| 2012-08-17 | 16 | 0 | MEMORANDUM OF LAW in Opposition re: 6 MOTION to Remand to State Court. Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Remand and in Support of Cross Motion to Transfer (Dkt. 15). Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. (Goldberg, Daniel) (Entered: 08/17/2012) | |||
| 2012-08-17 | 17 | 0 | AFFIDAVIT OF SERVICE. Wong Kwong Chi served on 6/6/2012, answer due 9/7/2012; Ch'ien Kuo Fung served on 6/6/2012, answer due 9/7/2012; Wong Chung Kiu served on 7/10/2012, answer due 9/7/2012; Wang Cheung Yue served on 6/6/2012, answer due 9/7/2012. Service was made by Mail. Document filed by Evolution CDC SPV Ltd.; Evolution Capital Management, LLC; E1 Fund Ltd.; Global Opportunities Fund Ltd., SPC, Segregated Portfolio M. ; Evo China Fund. (Zeisler, Aaron) (Entered: 08/17/2012) | |||
| 2012-08-17 | 18 | 0 | DECLARATION of James Cifelli in Opposition re: 6 MOTION to Remand to State Court.. Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. (Goldberg, Daniel) (Entered: 08/17/2012) | |||
| 2012-08-17 | 19 | 0 | DECLARATION of Daniel P. Goldberg in Opposition re: 6 MOTION to Remand to State Court.. Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA)(Goldberg, Daniel) (Entered: 08/17/2012) | |||
| 2012-09-07 | 20 | 0 | MOTION to Dismiss Notice of Defendants Peter Yip's and Asia Pacific Online Limited's Motion to Dismiss. Document filed by Asia Pacific Online Limited, Yip Hak Yung.(Goldberg, Daniel) (Entered: 09/07/2012) | |||
| 2012-09-07 | 21 | 0 | MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Notice of Defendants Peter Yip's and Asia Pacific Online Limited's Motion to Dismiss. Memorandum of Law in Support of Defendants Peter Yip's and Asia Pacific Online Limited's Motion to Dismiss. Document filed by Asia Pacific Online Limited, Yip Hak Yung. (Attachments: # 1 Appendix)(Goldberg, Daniel) (Entered: 09/07/2012) | |||
| 2012-09-07 | 22 | 0 | DECLARATION of Daniel P. Goldberg in Support re: 20 MOTION to Dismiss Notice of Defendants Peter Yip's and Asia Pacific Online Limited's Motion to Dismiss.. Document filed by Asia Pacific Online Limited, Yip Hak Yung. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Goldberg, Daniel) (Entered: 09/07/2012) | |||
| 2012-09-07 | 23 | 0 | MOTION to Dismiss the Claims Against Defendant Monish Bahl. Document filed by Monish Bahl. Return Date set for 10/2/2012 at 12:00 PM.(LaMons, Eric) (Entered: 09/07/2012) | |||
| 2012-09-07 | 24 | 0 | MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss the Claims Against Defendant Monish Bahl.. Document filed by Monish Bahl. (LaMons, Eric) (Entered: 09/07/2012) | |||
| 2012-09-07 | 25 | 0 | MOTION to Dismiss. Document filed by Donald L. Novajosky. (Attachments: # 1 Certificate of Service)(Spada, Charles) (Entered: 09/07/2012) | |||
| 2012-09-07 | 26 | 0 | MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss.. Document filed by Donald L. Novajosky. (Spada, Charles) (Entered: 09/07/2012) | |||
| 2012-09-07 | 27 | 0 | MOTION to Dismiss of Defendant CDC Software Corporation (n/k/a Aptean). Document filed by CDC Software Corporation.(Solum, Matthew) (Entered: 09/07/2012) | |||
| 2012-09-07 | 28 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss of Defendant CDC Software Corporation (n/k/a Aptean).. Document filed by CDC Software Corporation. (Solum, Matthew) (Entered: 09/07/2012) | |||
| 2012-09-07 | 29 | 0 | DECLARATION of Alexandra P. Kolod in Support re: 27 MOTION to Dismiss of Defendant CDC Software Corporation (n/k/a Aptean).. Document filed by CDC Software Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Solum, Matthew) (Entered: 09/07/2012) | |||
| 2012-09-07 | 30 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CDC Software Corporation.(Solum, Matthew) (Entered: 09/07/2012) | |||
| 2012-09-07 | 31 | 0 | MOTION to Dismiss. Document filed by Thomas M. Britt, III, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Wang Cheung Yue.(Karagheuzoff, Christopher) (Entered: 09/07/2012) | |||
| 2012-09-07 | 32 | 0 | DECLARATION of Christopher G. Karagheuzoff in Support re: 31 MOTION to Dismiss.. Document filed by Thomas M. Britt, III, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Wang Cheung Yue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Karagheuzoff, Christopher) (Entered: 09/07/2012) | |||
| 2012-09-07 | 33 | 0 | MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss.. Document filed by Thomas M. Britt, III, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Wang Cheung Yue. (Karagheuzoff, Christopher) (Entered: 09/07/2012) | |||
| 2012-09-07 | 34 | 0 | MOTION to Dismiss. Document filed by Francis Kwok-Yu Au.(Albert, Richard) (Entered: 09/07/2012) | |||
| 2012-09-07 | 35 | 0 | MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss.. Document filed by Francis Kwok-Yu Au. (Albert, Richard) (Entered: 09/07/2012) | |||
| 2012-09-11 | 36 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven J. Estep to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7804830. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Monish Bahl. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(LaMons, Eric) Modified on 9/11/2012 (pgu). (Entered: 09/11/2012) | |||
| 2012-09-11 | 37 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jefferson M. Allen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7804886. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Monish Bahl. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(LaMons, Eric) Modified on 9/11/2012 (pgu). (Entered: 09/11/2012) | |||
| 2012-09-12 | 38 | 0 | MOTION for Steven J. Estep to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Monish Bahl. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Estep, Steven) (Entered: 09/12/2012) | |||
| 2012-09-12 | 39 | 0 | MOTION for Jefferson M. Allen to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Monish Bahl. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Allen, Jefferson) (Entered: 09/12/2012) | |||
| 2012-09-13 | 40 | 0 | DECLARATION of Nathan J. Berkebile in Support re: 6 MOTION to Remand to State Court.. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Zeisler, Aaron) (Entered: 09/13/2012) | |||
| 2012-09-13 | 41 | 0 | REPLY MEMORANDUM OF LAW in Support re: 6 MOTION to Remand to State Court.. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M.. (Zeisler, Aaron) (Entered: 09/13/2012) | |||
| 2012-09-13 | 42 | 0 | DECLARATION of Aaron M. Zeisler in Opposition re: 15 CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Zeisler, Aaron) (Entered: 09/13/2012) | |||
| 2012-09-13 | 43 | 0 | MEMORANDUM OF LAW in Opposition re: 15 CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.. Document filed by E1 Fund Ltd., Evo China Fund, Evolution CDC SPV Ltd., Evolution Capital Management, LLC, Global Opportunities Fund Ltd., SPC, Segregated Portfolio M.. (Zeisler, Aaron) (Entered: 09/13/2012) | |||
| 2012-09-13 | 44 | 0 | ORDER: Defendants have filed several motions to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, no later than ten days from the filing of Defendants' motion to dismiss, Plaintiffs must notify the Court and their adversaries in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. If Plaintiffs elect not to amend their complaint, no further opportunities to amend will be granted and the motion to dismiss will proceed in the regular course. If Plaintiffs choose to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c)submit a letter stating that they are relying on the initially-filed motion to dismiss Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 9/13/2012) (js) (Entered: 09/14/2012) | |||
| 2012-09-13 | 45 | 0 | STIPULATION SETTING BRIEFING SCHEDULE FOR CROSS-MOTION TO TRANSFER: Now therefore, It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties and subject to the approval of this Court, that Plaintiffs shall serve papers in opposition to defendants' Motion to Transfer on or before September 13, 2012. it is further stipulated and agreed that defendants' shall serve reply papers in further support of their transfer motion on or before September 27, 2012 (Signed by Judge Alison J. Nathan on 9/13/2012) (js) (Entered: 09/14/2012) | |||
| 2012-09-20 | 46 | 0 | NOTICE OF APPEARANCE by Eric Lopez Schnabel on behalf of Thomas M. Britt, III, C.K. Wong, Raymond Ch'ien, Fred Wang, Simon Wong (Schnabel, Eric) (Entered: 09/20/2012) | |||
| 2012-09-20 | 47 | 0 | NOTICE OF APPEARANCE by Richard Howard Silberberg on behalf of Thomas M. Britt, III, Raymond Ch'ien, Fred Wang, C.K. Wong, Simon Wong (Silberberg, Richard) (Entered: 09/20/2012) | |||
| 2012-09-21 | 48 | 0 | NOTICE OF APPEARANCE by Daniel E. Reynolds on behalf of Donald L. Novajosky (Reynolds, Daniel) (Entered: 09/21/2012) | |||
| 2012-09-21 | 49 | 0 | STIPULATION AMENDING STIPULATED BRIEFING SCHEDULE FOR CROSS-MOTION TO TRANSFER. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties and subject to the approval of this Court, that Defendants shall serve reply papers in further support of their Motion to Transfer on or before October 4, 2012. IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be signed in counterparts and that a facsimile or photocopy of such counterparts shall be binding upon the parties as if they were originals. (Signed by Judge Alison J. Nathan on 9/21/2012) (rjm) (Entered: 09/24/2012) | |||
| 2012-09-24 | 50 | 0 | Letter addressed to Judge Alison J. Nathan from Daniel P. Goldberg dated 9/19/2012 re: We are counsel for Defendants Asia Pacific Online Limited ("APOL") and Yip Hak Yung (a/k/a "Peter Yip") in the above-captioned action, and we write in accordance with Rule 1(E) of Your Honor's Individual Practices. On September 11, 2012, the parties submitted a stipulation (which the Court approved) setting a briefing schedule for Defendants' cross motion to transfer venue to the Northern District of Georgia, and that schedule gave Defendants two weeks to submit reply papers, due on September 27. (rjm) (Entered: 09/24/2012) | |||
| 2012-09-26 | 51 | 0 | ORDER granting 38 Motion for Steven J. Estep to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 09/26/2012) | |||
| 2012-09-26 | 52 | 0 | ORDER granting 39 Motion for Jefferson M. Allen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 09/26/2012) | |||
| 2012-10-02 | 53 | 0 | STIPULATION EXTENDING PLAINTIFFS' TIME TO FILE AN AMENDED COMPLAINT: Plaintiffs shall file an Amended Complaint on or before October 25, 2012. ( Amended Pleadings due by 10/25/2012.) (Signed by Judge Alison J. Nathan on 10/2/2012) (djc) (Entered: 10/03/2012) | |||
| 2012-10-04 | 54 | 0 | REPLY MEMORANDUM OF LAW in Support re: 15 CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.. Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. (Goldberg, Daniel) (Entered: 10/04/2012) | |||
| 2012-10-04 | 55 | 0 | DECLARATION of Daniel P. Goldberg in Support re: 15 CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.CROSS MOTION to Change Venue Defendants' Notice of Cross-Motion to Transfer Venue Under 28 U.S.C.1404(a) to the Northern District of Georgia.. Document filed by Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. (Attachments: # 1 Exhibit BB, # 2 Exhibit CC)(Goldberg, Daniel) (Entered: 10/04/2012) | |||
| 2012-10-09 | 56 | 0 | STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: The law firm of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. withdraws as counsel for Defendant Francis Kwok-Yu Au and the law firm of Jones Day is substituted as attorney of record for Defendant Francis Kwok-Yu Au in this proceeding. Attorney Michael James Dailey for Francis Kwok-Yu Au added. Attorney Richard Franklin Albert terminated. (Signed by Judge Alison J. Nathan on 10/9/2012) (ft) (Entered: 10/09/2012) | |||
| 2012-10-10 | 57 | 0 | NOTICE OF APPEARANCE by Michael James Dailey on behalf of Francis Kwok-Yu Au (Dailey, Michael) (Entered: 10/10/2012) | |||
| 2012-10-10 | 58 | 0 | NOTICE OF APPEARANCE by Frederick D. Friedman on behalf of Francis Kwok-Yu Au (Friedman, Frederick) (Entered: 10/10/2012) | |||
| 2012-11-16 | 59 | 0 | STIPULATION SETTING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS PLAINTIFFS' AMENDED COMPLAINT:NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties and subject to the approval of this Court, that Defendants shall serve their Motions to Dismiss the Amended Complaint so as to be received by Plaintiffs' counsel on or before December 20, 2012; and IT IS FURTHER STIPULATED AND AGREED that Plaintiffs shall serve papers in opposition to Defendants' Motions to Dismiss so as to be received by Defendants' counsel on or before February 1, 2013; and IT IS FURTHER STIPULATED AND AGREED that Defendants shall serve reply papers in further support of their Motions to Dismiss so as to be received by Plaintiffs' counsel on or before February 22, 2013.IT IS FURTHER STIPULATED AND AGREED that Plaintiffs shall serve papers in opposition to Defendants' Motions to Dismiss so as to be received by Defendants' counsel on or before February 1, 2013; and IT IS FURTHER STIPULATED AND AGREED that Defendants shall serve reply papers in further support of their Motions to Dismiss so as to be received by Plaintiffs' counsel on or before February 22, 2013. ENDORSEMENT: Plaintiffs are directed to promptly file the Amended Complaint. The parties' stipulated schedule is so-ordered. The pending motions to dismiss (Docket Entries 20, 23, 25, 27, 31, and 34) are denied as moot based on the filing of the Amended Complaint, and the Clerk of Court is directed to terminate those motions. (Signed by Judge Alison J. Nathan on 11/15/2012) (js) Modified on 11/16/2012 (js). (Entered: 11/16/2012) | |||
| 2012-10-25 | 60 | 0 | AMENDED COMPLAINT against Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Wang Cheung Yue, Yip Hak Yung. Document filed by Evolution CDC SPV Ltd., Evolution Capital Management, LLC, E1 Fund Ltd., Evo China Fund, Global Opportunities Fund Ltd., Segregated Portfolio M, SPC. (Attachments: # 1 Exhibit)(djc) (Entered: 11/19/2012) | |||
| 2012-12-17 | 61 | 0 | ENDORSED LETTER addressed to Judge Alison J. Nathan from Daniel P. Goldberg dated 12/17/2012 re: In light of the settlement, the parties request that Defendants' time to answer or otherwise move with respect to the amended complaint be extended until January 15, 2013 so as to give the parties time to finalize the settlement and submit a stipulation of dismissal. The current deadline for Defendants to answer is December 20,2012. ENDORSEMENT: In light of the foregoing, the parties' motions to remand and to transfer the case, docket entries 6 and 15, are denied without prejudice to re-file in the event that the litigation proceeds. The parties shall submit a joint letter to the Court on or before January 15, 2013, updating the Court on the status of the matter. SO ORDERED., Asia Pacific Online Limited answer due 1/15/2013; Francis Kwok-Yu Au answer due 1/15/2013; Monish Bahl answer due 1/15/2013; Thomas M. Britt, III answer due 1/15/2013; CDC Software Corporation answer due 1/15/2013; Raymond Ch'ien answer due 1/15/2013; Wong Kwong Chi answer due 1/15/2013; Ch'ien Kuo Fung answer due 1/15/2013; Wong Chung Kiu answer due 1/15/2013; Donald L. Novajosky answer due 1/15/2013; Fred Wang answer due 1/15/2013; C.K. Wong answer due 1/15/2013; Simon Wong answer due 1/15/2013; Wang Cheung Yue answer due 1/15/2013; Yip Hak Yung answer due 1/15/2013. (Signed by Judge Alison J. Nathan on 12/17/2012) (ama) (Entered: 12/19/2012) | |||
| 2012-12-31 | 62 | 0 | NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Raymond Ch'ien, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Fred Wang, C.K. Wong, Simon Wong, Wang Cheung Yue, Yip Hak Yung. Document filed by Evolution CDC SPV Ltd., Evolution Capital Management, LLC, E1 Fund Ltd., Global Opportunities Fund Ltd., SPC, Segregated Portfolio M., Segregated Portfolio M, SPC, Global Opportunities Fund Ltd., Evo China Fund. (Zeisler, Aaron) (Entered: 12/31/2012) | |||
| 2013-01-07 | 63 | 0 | NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed with prejudice against the defendant(s) Asia Pacific Online Limited, Francis Kwok-Yu Au, Monish Bahl, Thomas M. Britt, III, CDC Software Corporation, Raymond Ch'ien, Wong Kwong Chi, Ch'ien Kuo Fung, Wong Chung Kiu, Donald L. Novajosky, Fred Wang, C.K. Wong, Simon Wong, Wang Cheung Yue, Yip Hak Yung. (Signed by Judge Alison J. Nathan on 1/4/2013) (js) (Entered: 01/07/2013) |