Case details

Court: nysd
Docket #: 1:13-cv-04494
Case Name: Okimoto v. Cai et al
PACER case #: 414170
Date filed: 2013-06-28
Assigned to: Judge Richard M. Berman
Referred to: Magistrate Judge James C. Francis
Case Cause: 28:1332ss Diversity - Stockholders Suits
Nature of Suit: 160 Stockholders Suits
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Todd Okimoto
Plaintiff
Derivatively and on behalf of nominal defendant Longwei Petroleum Investment Holding Limited
Erica Lauren Stone
The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: estone@rosenlegal.com
ATTORNEY TO BE NOTICED

Kevin Koon-Pon Chan
The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: kchan@rosenlegal.com
ATTORNEY TO BE NOTICED

Laurence Matthew Rosen
The Rosen Law Firm, P.A. (NYC) 275 Madison Avenue, 34th Floor New York,, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: lrosen@rosenlegal.com
ATTORNEY TO BE NOTICED

Phillip C. Kim
The Rosen Law Firm P.A. 350 5th Avenue, Suite 5508 New York, NY 10118 (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com
ATTORNEY TO BE NOTICED

Yu Shi
The Rosen Law Firm. P.A. 275 Madison Ave, 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: yshi@rosenlegal.com
ATTORNEY TO BE NOTICED

Youngjun Cai
Defendant
James Crane
Defendant
Michael Toups
Defendant
Steven Kaufhold
Kaufhold Gaskin LLP 388 Market Street, Ste 1300 San Francisco, CA 94111 415-445-4621 Fax: 415-874-1071 Email: skaufhold@kaufholdgaskin.com
LEAD ATTORNEY

Daniel L. Keller
Sedgwick LLP (NY) 225 Liberty Street, 28th Floor New York, NY 10281 (212) 898-4086 Email: dkeller@kfjlegal.com
ATTORNEY TO BE NOTICED

David P. Nemecek
Qian & Nemecek LLP 135 Main Street, 9th Floor San Francisco, CA 94105 415-475-2814 Fax: 415-520-2078 Email: david@qnlawgroup.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Jonathan B Gaskin
Orrick, Herrington & Sutcliffe LLP (San Francisco) The Orrick Building 405 Howard Street San Francisco, CA 94105 (415)-773-5996 Fax: (415)-773-5759 Email: jgaskin@orrick.com
ATTORNEY TO BE NOTICED

Quynh Vu
Kaufhold Gaskin LLP 388 Market Street Suite 1300 San Francisco, CA 94111 (415)-445-4620 Email: qvu@kaufholdgaskin.com
ATTORNEY TO BE NOTICED

Yongping Xue
Defendant
Douglas Cole
Defendant
David P. Nemecek
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark David Hunter
Leser Hunter Taubman & Taubman, PLLC 225 University Drive Coral Gables, FL 33134 (305) 629-8816 Fax: (305) 629-8877 Email: mhunter@huntertaubmanlaw.com
TERMINATED: 07/07/2014 LEAD ATTORNEY

Steven Kaufhold
(See above for address)
LEAD ATTORNEY

Jenny D Johnson-Sardella
Leser Hunter Taubman & Taubman, PLLC 255 University Drive Coral Gables, FL 33134 (305)629-8806x347623-1684 Fax: (305) 629-8877 Email: jsardella@htwlaw.com
TERMINATED: 07/07/2014

Jonathan B Gaskin
(See above for address)
ATTORNEY TO BE NOTICED

Quynh Vu
(See above for address)
ATTORNEY TO BE NOTICED

Gerald Deciccio
Defendant
David P. Nemecek
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark David Hunter
(See above for address)
TERMINATED: 07/07/2014 LEAD ATTORNEY

Steven Kaufhold
(See above for address)
LEAD ATTORNEY

Jenny D Johnson-Sardella
(See above for address)
TERMINATED: 07/07/2014

Jonathan B Gaskin
(See above for address)
ATTORNEY TO BE NOTICED

Quynh Vu
(See above for address)
ATTORNEY TO BE NOTICED

Dora Dong
Defendant
Xiaoping Xue
Defendant
Longwei Petroleum Investment Holding Limited
Nominal Defendant
A Colorado Corporation
Paul Love
Interested Party
Richard William Gonnello
Faruqi & Faruqi, LLP 369 Lexington Avenue, 10th fl. New York, Ny 10017 (212)-983-9330 Fax: (212)-983-9331 Email: rgonnello@faruqilaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Fabio Benedetto Lupis
Interested Party
Richard William Gonnello
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chris Wilson
Interested Party
Richard William Gonnello
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

CHILD, VAN WAGONER & BRADSHAW, PLLC
Defendant
Jonathan O Hafen
Parr Brown Gee & Loveless 101 South 200 East, Suite 700 Salt Lake City, UT 84111 (801) 257-7915 Fax: (801) 532-7750 Email: jhafen@parrbrown.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Ann May
Parr Brown Gee & Loveless 101 South 200 East, Suite 700 Salt Lake City, UT 84111 (801) 257-7997 Fax: (801) 532-7750 Email: mmay@parrbrown.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ANDERSON BRADSHAW PLLC
Defendant
Jonathan O Hafen
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary Ann May
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-06-28 1 0 COMPLAINT against Youngjun Cai, Douglas Cole, James Crane, Gerald Deciccio, Dora Dong, Longwei Petroleum Investment Holding Limited, Michael Toups, Xiaoping Xue, Yongping Xue. (Filing Fee $ 350.00, Receipt Number 465401070871)Document filed by Todd Okimoto.(jd) (jd). (Entered: 06/28/2013)
2013-06-28 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) (jd) (Entered: 06/28/2013)
2013-07-03 3 0 SUMMONS RETURNED EXECUTED. Longwei Petroleum Investment Holding Limited served on 7/1/2013, answer due 7/22/2013. Service was accepted by Registered Agent. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 07/03/2013)
2013-07-03 4 0 NOTICE of of Related Cases. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 07/03/2013)
2013-07-08 5 0 SUMMONS RETURNED EXECUTED. James Crane served on 7/3/2013, answer due 7/24/2013. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 07/08/2013)
2013-08-08 6 0 SUMMONS RETURNED EXECUTED. Gerald Deciccio served on 7/24/2013, answer due 8/14/2013. Service was accepted by Audrey Deciccio, Wife. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 08/08/2013)
2013-08-09 7 0 CLERK'S CERTIFICATE OF DEFAULT AS TO: Longwei Petroleum Investment Holding Limited. (dt) (Entered: 08/09/2013)
2013-08-09 8 0 CLERK'S CERTIFICATE OF DEFAULT AS TO: James Crane. (dt) (Entered: 08/09/2013)
2013-08-23 9 0 CLERK'S CERTIFICATE OF DEFAULT as to Gerald Deciccio. (ml) (Entered: 08/23/2013)
2013-08-30 10 0 ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Phillip Kim dated 8/26/2013 re: Counsel for Plaintiff write to request leave of Court to conduct discovery to acertain the whereabouts of certain defendants in this action in order to effectuate service of process. For the foregoing reasons, Counsel requests leave to conduct the limited discovery described herein. ENDORSEMENT: Leave to take limited discovery is Granted. So Ordered. (Signed by Judge Harold Baer on 8/30/2013) (js) (Entered: 08/30/2013)
2013-09-05 11 0 LETTER addressed to Laurence Rosen from Linda Eckhouse dated 9/4/2013 re: There will be a Pre-Trial Conference at 3:00 P.M. on Thursday, October 31, 2013 in Chambers, Room 2230. (tn) Modified on 9/5/2013 (tn). (Entered: 09/05/2013)
2013-09-06 12 0 SUMMONS RETURNED EXECUTED. Michael Toups served on 9/6/2013, answer due 9/27/2013. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 09/06/2013)
2013-09-09 13 0 LETTER addressed to Judge Harold Baer from Mark David Hunter dated 9/9/2013 re: Joint Stipulation and Proposed Order to Set Aside Clerk's Default and Stay Proceeding Pending Service of All Defendants. Document filed by Gerald Deciccio. (Attachments: # 1 Appendix Joint Stipulation)(Hunter, Mark) (Entered: 09/09/2013)
2013-09-09 14 0 NOTICE OF APPEARANCE by Jenny D Johnson-Sardella on behalf of Gerald Deciccio. (Johnson-Sardella, Jenny) (Entered: 09/09/2013)
2013-09-09 15 0 LETTER addressed to Judge Harold Baer from Mark David Hunter dated 9/9/2013 re: Joint Stipulation and Proposed Order to Stay Proceeding Pending Service of All Defendants. Document filed by Douglas Cole. (Attachments: # 1 Appendix Joint Stipulation)(Hunter, Mark) (Entered: 09/09/2013)
2013-09-09 16 0 NOTICE OF APPEARANCE by Jenny D Johnson-Sardella on behalf of Douglas Cole. (Johnson-Sardella, Jenny) (Entered: 09/09/2013)
2013-09-12 17 0 ENDORSED LETTER addressed to Judge Harold Baer from Mark David Hunter dated 9/09/2013 re: Pursuant to the Individual Practices of Judge Harold Baer. Jr, 1(E), Defendant Gerald DeCiccio ("Mr. DeCiccio") and Plaintiff Todd Okimoto ("Plaintiff") respectfully submit the attached Joint Stipulation and Proposed Order to Set Aside Clerk's Default and Stay Proceeding Pending Service of All Defendants ("Joint Stipulation"). ENDORSEMENT: I have so ordered the Stipulation that provided space to do so and I have no objection to the single interrogatory to be put to Mr. DeCiccio and see no objection from him and therefore that request too is granted. SO ORDERED. (Signed by Judge Harold Baer on 9/12/2013) (ama) (Entered: 09/12/2013)
2013-09-12 18 0 JOINT STIPULATION AND ORDER TO STAY PROCEEDING PENDING SERVICE OF ALL DEFENDANTS: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that: (1) Douglas Cole ("Mr. Cole") hereby accepts service of the summons and complaint; (2) the matter be stayed as to Mr. Cole, pending service of the remaining defendants in this matter, or to a time that this Court deems just and proper; and (3) by entering into this stipulation, Mr. Cole does not intend to waive and does not waive any rights or defenses otherwise available or that may become available in the course of the above captioned action. SO ORDERED. (Signed by Judge Harold Baer on 9/12/2013) (ama) (Entered: 09/12/2013)
2013-09-12 19 0 JOINT STIPULATION AND ORDER TO SET ASIDE CLERK'S DEFAULT AND STAY PROCEEDING PENDING SERVICE OF ALL DEFENDANTS: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that: (1) the Clerk of Court's Certificate of Default entered against Defendant Mr. DeCiccio be set aside; (2) Mr. DeCiccio hereby accepts service of the summons and complaint; (3) the matter be stayed as to Mr. DeCiccio, pending service of the remaining defendants in this matter, or to a time that this Court deems just and proper; (4) Plaintiff is granted leave of Court to serve one (1) interrogatory on Mr. DeCiccio requesting the addresses of each Longwei director in aid of completing service; and (5) by entering into this stipulation, Mr. DeCiccio does not intend to waive and does not waive any rights or defenses otherwise available or that may become available in the course of the above captioned action. SO ORDERED. (Signed by Judge Harold Baer on 9/12/2013) (ama) (Entered: 09/12/2013)
2013-09-12 20 0 NOTICE OF APPEARANCE by Mark David Hunter on behalf of Gerald Deciccio. (Hunter, Mark) (Entered: 09/12/2013)
2013-09-12 21 0 NOTICE OF APPEARANCE by Mark David Hunter on behalf of Douglas Cole. (Hunter, Mark) (Entered: 09/12/2013)
2013-09-26 22 0 NOTICE OF APPEARANCE by Richard William Gonnello on behalf of Paul Love, Fabio Benedetto Lupis, Chris Wilson. (Gonnello, Richard) (Entered: 09/26/2013)
2013-09-30 23 0 ENDORSED LETTER addressed to Judge Harold Baer from Michael Toups dated 9/26/2013 re: I am a defendant in the above-referenced action. I write to respectfully request that my time to answer or move with respect to the Complaint filed in this action be extended from September 27, 2013 to and including November 25, 2013. ENDORSEMENT: GRANTED. SO ORDERED., Michael Toups answer due 11/25/2013. (Signed by Judge Harold Baer on 9/30/2013) (ama) (Entered: 09/30/2013)
2013-10-01 24 0 NOTICE OF APPEARANCE by Kevin Koon-Pon Chan on behalf of Todd Okimoto. (Chan, Kevin) (Entered: 10/01/2013)
2013-10-30 25 0 NOTICE OF APPEARANCE by Yu Shi on behalf of Todd Okimoto. (Shi, Yu) (Entered: 10/30/2013)
2013-11-19 26 0 SUMMONS RETURNED UNEXECUTED as to Dora Dong.. Service was attempted on Mutliple throughout July 2013. Document filed by Todd Okimoto. (Kim, Phillip) (Entered: 11/19/2013)
2013-11-19 27 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION to Stay Proceedings Pending Service to All Defendants. Document filed by Todd Okimoto, Michael Toups.(Keller, Daniel) Modified on 11/20/2013 (db). (Entered: 11/19/2013)
2013-11-21 28 0 NOTICE OF APPEARANCE by Daniel L. Keller on behalf of Michael Toups. (Keller, Daniel) (Entered: 11/21/2013)
2013-11-21 29 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for David P. Nemecek, Jr. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Toups.(Nemecek, David) Modified on 11/21/2013 (bcu). (Entered: 11/21/2013)
2013-11-21 30 0 RESPONSE in Support of Motion re: 29 FIRST MOTION for David P. Nemecek, Jr. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Proposed Order. Document filed by Michael Toups. (Nemecek, David) (Entered: 11/21/2013)
2013-11-21 31 0 NOTICE OF APPEARANCE by David P. Nemecek on behalf of Michael Toups. (Nemecek, David) (Entered: 11/21/2013)
2013-11-24 32 0 MOTION to Appear Pro Hac Vice by David P. Nemecek, Jr.. Filing fee $ 200.00, receipt number 0208-9112641. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Toups. (Attachments: # 1 Exhibit Certificate of Standing, # 2 Text of Proposed Order Proposed Order)(Nemecek, David) (Entered: 11/24/2013)
2013-11-25 33 0 LETTER addressed to Judge Harold Baer from David P. Nemecek, Jr. dated November 25, 2013 re: Extension of Time to Respond to Complaint for Defendant Michael Toups. Document filed by Michael Toups.(Nemecek, David) (Entered: 11/25/2013)
2013-11-25 34 0 JOINT STIPULATION AND ORDER TO STAY PROCEEDING PENDING SERVICE OF ALL DEFENDANTS: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that: 1) this matter shall be stayed as to Michael Toups ("Toups") pending service of the remaining defendants in this matter, or to a time that this Court deems just and proper; and 2) by entering into this stipulation, Toups does not intend to waive and does not waive any rights or defenses otherwise available or that may become available to him in the course of the above-captioned action. SO ORDERED. (Signed by Judge Harold Baer on 11/25/2013) (ama) (Entered: 11/25/2013)
2013-11-25 35 0 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVID P. NEMECEK, JR.: granting 32 Motion for David P. Nemecek, Jr. to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The clerk is instructed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 11/25/2013) (ama) (Entered: 11/25/2013)
2013-12-02 36 0 LETTER addressed to Judge Harold Baer from David P. Nemecek, Jr. dated December 1, 2013 re: Request for Permission to Appear Telephonically for Pretrial Conference. Document filed by Michael Toups.(Nemecek, David) (Entered: 12/02/2013)
2013-12-04 37 0 LETTER addressed to Judge Harold Baer from Phillip Kim dated 12/4/2013 re: Status of service on defendants. Document filed by Todd Okimoto.(Kim, Phillip) (Entered: 12/04/2013)
2013-12-04 38 0 MEMO ENDORSEMENT on re: 36 Letter filed by Michael Toups. ENDORSEMENT: Fine with me as long as you have reviewed draft PTSO. SO ORDERED. (Signed by Judge Harold Baer on 12/04/2013) (ama) (Entered: 12/04/2013)
2013-12-09 39 0 ORDER: ORDERED that this matter will be placed on the Court's suspense calendar until further order of this Court but no later than June 6, 2014; and it is further ORDERED that on or about June 6, 2014, this case will be dismissed against any Defendants who remain unserved and who have not otherwise appeared in this action unless Plaintiff on or before that date provides a status report to the Court that suggests the need for a different result. SO ORDERED. (Signed by Judge Harold Baer on 12/09/2013) (ama) (Entered: 12/09/2013)
2013-12-17 40 0 LETTER addressed to Judge Harold Baer from Jonathan Horne dated December 17, 2013 re: Response to Court's request that we provide it with a plan to complete service of process. Document filed by Todd Okimoto.(Horne, Jonathan) (Entered: 12/17/2013)
2013-12-18 41 0 NOTICE OF CHANGE OF ADDRESS by Daniel L. Keller on behalf of Michael Toups. New Address: Qian & Nemecek LLP, 41 Grant Avenue, 3rd Floor, San Francisco, CA, USA 94102, 415-475-2814. (Keller, Daniel) (Entered: 12/18/2013)
2013-12-18 42 0 NOTICE OF CHANGE OF ADDRESS by David P. Nemecek on behalf of Michael Toups. New Address: Qian & Nemecek LLP, 41 Grant Avenue, 3rd Floor, San Francisco, CA, USA 94102, 415-475-2814. (Nemecek, David) (Entered: 12/18/2013)
2014-01-30 43 0 NOTICE OF CHANGE OF ADDRESS by David P. Nemecek on behalf of Michael Toups. New Address: Qian & Nemecek LLP, 135 Main Street, 9th Floor, San Francisco, CA, USA 94105, 415-520-2078. (Nemecek, David) (Entered: 01/30/2014)
2014-05-16 44 0 MOTION to Serve By Alternative Means. Document filed by Todd Okimoto. (Attachments: # 1 Text of Proposed Order)(Chan, Kevin) (Entered: 05/16/2014)
2014-05-16 45 0 MEMORANDUM OF LAW in Support re: 44 MOTION to Serve By Alternative Means. . Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 05/16/2014)
2014-05-16 46 0 DECLARATION of Kevin Chan in Support re: 44 MOTION to Serve By Alternative Means.. Document filed by Todd Okimoto. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chan, Kevin) (Entered: 05/16/2014)
2014-05-16 47 0 MOTION for Service by Publication . Document filed by Todd Okimoto. (Attachments: # 1 Text of Proposed Order)(Chan, Kevin) (Entered: 05/16/2014)
2014-05-16 48 0 MEMORANDUM OF LAW in Support re: 47 MOTION for Service by Publication . . Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 05/16/2014)
2014-05-16 49 0 DECLARATION of Kevin Chan in Support re: 47 MOTION for Service by Publication .. Document filed by Todd Okimoto. (Attachments: # 1 Exhibit 1)(Chan, Kevin) (Entered: 05/16/2014)
2014-06-27 50 0 ORDER: A status conference in this case, and all related matters, is hereby scheduled for 7/10/2014 at 09:00 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 6/27/2014) (tn) (Entered: 06/27/2014)
2014-07-03 51 0 LETTER addressed to Judge Richard M. Berman from David P. Nemecek, Jr. dated July 3, 2014 re: Stipulation and Order of Substitution of Counsel. Document filed by Douglas Cole, Gerald Deciccio. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order Substitution of Counsel for Defendants Doug Cole and Gerald DeCiccio)(Nemecek, David) (Entered: 07/03/2014)
2014-07-07 52 0 MEMO ENDORSEMENT on re: 51 Letter filed by Gerald Deciccio, Douglas Cole. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Richard M. Berman on 7/07/2014) (ama) (Entered: 07/07/2014)
2014-07-11 53 0 NOTICE of Errata re: 45 Memorandum of Law in Support of Motion. Document filed by Todd Okimoto. (Attachments: # 1 Exhibit Corrected page)(Chan, Kevin) (Entered: 07/11/2014)
2014-07-15 54 0 ORDER: The Court will hold a conference with respect to Plaintiff's motions for alternative service and service by publication on Thursday, July 24, 2014 at 10:45 a.m. (Status Conference set for 7/24/2014 at 10:45 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/15/2014) (kgo) (Entered: 07/15/2014)
2014-07-21 55 0 FIRST LETTER addressed to Judge Richard M. Berman from David P. Nemecek, Jr. dated July 21, 2014 re: Request to Appear Telephonically at 7/24/14 Status Conference. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Nemecek, David) (Entered: 07/21/2014)
2014-07-22 56 0 MEMO ENDORSEMENT on re: 55 Letter filed by Michael Toups, Gerald Deciccio, Douglas Cole. ENDORSEMENT: Request Granted. SO ORDERED. (Signed by Judge Richard M. Berman on 7/22/2014) (ama) (Entered: 07/22/2014)
2014-07-28 57 0 ORDER granting in part and denying in part 44 Motion to Serve; granting 47 Motion for Service by Publication: For the reasons stated on the record during the conference held on July 24, 2014, the Court hereby grants Plaintiff's motion for alternative service (Dkt. # 44) as to Defendants Youngjun Cai and Yongping Xue, who are current officers of Longwei Petroleum Investment Holding Limited. The Court denies Plaintiff's motion as to Defendant Xiaoping Xue. (See Tr., dated July 24, 2014, at 14:19-24.) For the reasons stated on the record during the July 24, 2014 conference, the Court grants Plaintiff's motion for service by publication on Defendant Dora Dong (Dkt. # 47). (See Tr., dated July 24, 2014, at 7:6-15.) (Signed by Judge Richard M. Berman on 7/28/2014) (tn) (Entered: 07/28/2014)
2014-08-07 58 0 SUMMONS RETURNED EXECUTED. Youngjun Cai served on 8/5/2014, answer due 8/26/2014. Service was accepted by Eric Wolz of Vcorp Services, LLC-Registered Agent. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 08/07/2014)
2014-08-07 59 0 SUMMONS RETURNED EXECUTED. Yongping Xue served on 8/5/2014, answer due 8/26/2014. Service was accepted by Eric Wolz of Vcorp Services, LLC-Registered Agent. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 08/07/2014)
2014-08-13 60 0 TRANSCRIPT of Proceedings re: conference held on 7/24/2014 before Judge Richard M. Berman. Court Reporter/Transcriber: Andrew Walker, (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 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014.(McGuirk, Kelly) (Entered: 08/13/2014)
2014-08-13 61 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/24/2014 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...(McGuirk, Kelly) (Entered: 08/13/2014)
2014-09-05 62 0 SERVICE BY PUBLICATION. A Notice of Lawsuit was published in the GlobeNewswire on August 7, 2014, August 14, 2014, August 20, 2014, and August 29, 2014. Document filed by Todd Okimoto. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chan, Kevin) (Entered: 09/05/2014)
2014-09-25 63 0 LETTER addressed to Judge Richard M. Berman from David P. Nemecek dated September 25, 2014 re: Request for Premotion Conference regarding Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(6). Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Nemecek, David) (Entered: 09/25/2014)
2014-09-30 64 0 LETTER addressed to Judge Richard M. Berman from Kevin Chan dated 09/30/2014 re: Response to Request for Premotion Conference regarding Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P. 12(b)(6). Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 09/30/2014)
2014-10-01 65 0 MEMO ENDORSEMENT on re: 63 Letter, filed by Michael Toups, Gerald Deciccio, Douglas Cole. ENDORSEMENT: Pre-motion conference set for 10/16/14 at 9:00 AM. (Signed by Judge Richard M. Berman on 10/1/2014) (kgo) (Entered: 10/01/2014)
2014-10-23 66 0 AMENDED COMPLAINT amending 1 Complaint, against Youngjun Cai, Douglas Cole, James Crane, Gerald Deciccio, Dora Dong, Longwei Petroleum Investment Holding Limited, Michael Toups, Yongping Xue, CHILD, VAN WAGONER & BRADSHAW, PLLC, ANDERSON BRADSHAW PLLC with JURY DEMAND.Document filed by Todd Okimoto. Related document: 1 Complaint, filed by Todd Okimoto.(Chan, Kevin) (Entered: 10/23/2014)
2014-10-23 67 0 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - - REQUEST FOR ISSUANCE OF SUMMONS as to CHILD, VAN WAGONER & BRADSHAW, PLLC, re: 66 Amended Complaint,. Document filed by Todd Okimoto. (Chan, Kevin) Modified on 10/27/2014 (jom). (Entered: 10/23/2014)
2014-10-23 68 0 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - - REQUEST FOR ISSUANCE OF SUMMONS as to ANDERSON BRADSHAW PLLC, re: 66 Amended Complaint,. Document filed by Todd Okimoto. (Chan, Kevin) Modified on 10/27/2014 (jom). (Entered: 10/23/2014)
2014-10-27 69 0 REQUEST FOR ISSUANCE OF SUMMONS as to ANDERSON BRADSHAW PLLC, re: 66 Amended Complaint,. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 10/27/2014)
2014-10-27 70 0 REQUEST FOR ISSUANCE OF SUMMONS as to CHILD, VAN WAGONER & BRADSHAW, PLLC, re: 66 Amended Complaint,. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 10/27/2014)
2014-10-28 71 0 ELECTRONIC SUMMONS ISSUED as to ANDERSON BRADSHAW PLLC. (cde) (Entered: 10/28/2014)
2014-10-28 72 0 ELECTRONIC SUMMONS ISSUED as to CHILD, VAN WAGONER & BRADSHAW, PLLC. (cde) (Entered: 10/28/2014)
2014-11-06 73 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Amended Complaint. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups. Responses due by 12/4/2014(Nemecek, David) Modified on 11/10/2014 (db). (Entered: 11/06/2014)
2014-11-07 74 0 SUMMONS RETURNED EXECUTED. ANDERSON BRADSHAW PLLC served on 11/4/2014, answer due 11/25/2014. Service was accepted by Lorie Murphy, Authorized Person. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 11/07/2014)
2014-11-07 75 0 SUMMONS RETURNED EXECUTED. CHILD, VAN WAGONER & BRADSHAW, PLLC served on 11/4/2014, answer due 11/25/2014. Service was accepted by Lorie Murphy, Authorized Person. Document filed by Todd Okimoto. (Chan, Kevin) (Entered: 11/07/2014)
2014-11-10 76 0 LETTER addressed to Judge Richard M. Berman from David P. Nemecek dated November 6, 2014 re: Motion to Dismiss Plaintiff's Amended Complaint by Michael Toups, Douglas Cole and Gerald DeCiccio. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Nemecek, David) (Entered: 11/10/2014)
2014-11-25 77 0 MOTION for Mary Ann C. May to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10351980. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit (Proposed) Order)(May, Mary Ann) (Entered: 11/25/2014)
2014-11-26 78 0 JOINT MOTION for Extension of Time to File Answer re: 66 Amended Complaint, and Proposed Order. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 11/26/2014)
2014-12-01 79 0 ORDER FOR ADMISSION PRO HAC VICE OF MARY ANN C. MAY granting 77 Motion for Mary Ann C. May to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 12/01/2014) (ama) (Entered: 12/01/2014)
2014-12-03 80 0 STIPULATION AND ORDER EXTENDING TIME FOR ACCOUNTANT DEFENDANTS TO ANSWER THE AMENDED VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record: 1. On November 4, 2014, the Accountant Defendants were served with a copy of the Amended Verified Shareholder Derivative Complaint (the "Amended Complaint"), dated October 23, 2014. See Docket. No. 74-75. 2. The Accountant Defendants recently retained counsel in the above-captioned matter. 3. On November 25, 2014, Counsel for the Accountant Defendants filed a Motion for Admission Pro Hac Vice in the above-captioned matter. See Docket No. 77. 4. Given the recent service of process and retention of counsel, Plaintiff and the Accountant Defendants agree that there is good cause to grant Accountant Defendants a thirty-day extension to answer the Amended Complaint. 5. Based upon the foregoing, the Accountant Defendants' time to file their Answer to the Amended Complaint, presently due on November 25, 2014, is extended until December 24, 2014. (Signed by Judge Richard M. Berman on 12/3/2014) (kgo) (Entered: 12/03/2014)
2014-12-04 81 0 LETTER addressed to Judge Richard M. Berman from Kevin K. Chan dated 12/4/14 re: Opposition to Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 12/04/2014)
2014-12-09 82 0 MOTION for Jonathan O. Hafen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10388464. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hafen, Jonathan) (Entered: 12/09/2014)
2014-12-09 83 0 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard M. Berman from Kevin K. Chan dated 12/9/14. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 12/09/2014)
2014-12-10 84 0 ORDER FOR ADMISSION PRO HAC VICE OF JONATHAN O. HAFEN granting 82 Motion for Jonathan O. Hafen to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 12/10/2014) (kgo) (Entered: 12/10/2014)
2014-12-12 85 0 LETTER addressed to Judge Richard M. Berman from David P. Nemecek dated December 12, 2014 re: Reply in Support of Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Nemecek, David) (Entered: 12/12/2014)
2014-12-12 86 0 LETTER addressed to Judge Richard M. Berman from Mary Ann C. May dated December 12, 2014 re: Request for Premotion Conference Regarding Motion to Dismiss Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6). Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 12/12/2014)
2014-12-12 87 0 NOTICE OF APPEARANCE by Erica Lauren Stone on behalf of Todd Okimoto. (Stone, Erica) (Entered: 12/12/2014)
2014-12-15 88 0 ADMINISTRATIVE ORDER: A conference will be held on January 8, 2015 at 9:45 to discuss a single joint motion to dismiss from all Defendants. Status Conference set for 1/8/2015 at 09:45 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 12/15/2014) (kgo) (Entered: 12/15/2014)
2014-12-15 89 0 LETTER addressed to Judge Richard M. Berman from Mary Ann C. May dated December 15, 2014 re: Request for Permission to Appear Telephonically. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 12/15/2014)
2014-12-17 90 0 LETTER addressed to Judge Richard M. Berman from Yu Shi dated 12/17/2014 re: Request for Premotion Conference Regarding Motion to Dismiss Amended Complaint. Document filed by Todd Okimoto.(Shi, Yu) (Entered: 12/17/2014)
2014-12-17 91 0 MEMO ENDORSEMENT on re: 89 LETTER addressed to Judge Richard M. Berman from Mary Ann C. May dated December 15, 2014 re: Request for Permission to Appear Telephonically. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC. ENDORSEMENT: Request granted. So ordered. (Signed by Judge Richard M. Berman on 12/17/2014) (rjm) (Entered: 12/17/2014)
2014-12-30 92 0 LETTER addressed to Judge Richard M. Berman from David P. Nemecek dated December 30, 2014 re: Request to Appear Telephonically for January 8, 2015 Hearing. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Nemecek, David) (Entered: 12/30/2014)
2014-12-31 93 0 MEMO ENDORSEMENT on re: 92 Letter filed by Michael Toups, Gerald Deciccio, Douglas Cole. ENDORSEMENT: Request granted. (Signed by Judge Richard M. Berman on 12/31/2014) (kgo) (Entered: 12/31/2014)
2015-01-22 94 0 LETTER addressed to Judge Richard M. Berman from Kevin K. Chan dated 1/22/15 re: Opposition to Defendants Child, Van Wagoner & Bradshaw, PLLC, and Anderson Bradshaw PLLC's Motion to Dismiss Amended Complaint. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 01/22/2015)
2015-01-29 95 0 LETTER addressed to Judge Richard M. Berman from Mary Ann C. May dated January 29, 2015 re: Reply in Support of Accountant Defendants' Motion to Dismiss. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 01/29/2015)
2015-02-25 96 0 LETTER addressed to Judge Richard M. Berman from Kevin K. Chan dated 2/25/15 re: Discovery. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 02/25/2015)
2015-02-27 97 0 MEMO ENDORSEMENT on re: 96 Letter filed by Todd Okimoto. ENDORSEMENT: Please take up with Judge Francis. (Signed by Judge Richard M. Berman on 2/27/2015) (tn) (Entered: 02/27/2015)
2015-03-02 98 0 ORDER OF REFERENCE TO A 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 James C. Francis. (Signed by Judge Richard M. Berman on 2/27/2015) (kgo) (Entered: 03/02/2015)
2015-03-02 99 0 LETTER addressed to Magistrate Judge James C. Francis IV from Mary Ann C. May dated March 2, 2015 re: Response to Plaintiff's Letter Dated February 25, 2015. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 03/02/2015)
2015-03-04 100 0 MOTION for Jonathan Gaskin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10664096. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Gaskin, Jonathan) (Entered: 03/04/2015)
2015-03-04 101 0 MOTION for Steven Shea Kaufhold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10664203. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Kaufhold, Steven) (Entered: 03/04/2015)
2015-03-05 102 0 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF JONATHAN GASKIN granting 100 Motion for Jonathan Gaskin to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 3/5/2015) (kgo) (Entered: 03/05/2015)
2015-03-05 103 0 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF STEVEN KAUFHOLD granting 101 Motion for Steven Kaufhold to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 3/5/2015) (kgo) (Entered: 03/05/2015)
2015-03-06 104 0 LETTER addressed to Magistrate Judge James C. Francis IV from Kevin K. Chan dated 3/6/2015 re: Response to Letter by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC dated March 2, 2015. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 03/06/2015)
2015-03-18 105 0 MOTION for Quynh Vu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10714336. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups. (Attachments: # 1 [Proposed] Order Granting Motion for Admission Pro Hace Vice of Quynh Vu, # 2 Certificate of Good Standing of Quynh Vu)(Vu, Quynh) (Entered: 03/18/2015)
2015-03-18 106 0 ORDER: Defendants Child, Van Wagoner & Bradshaw, PLLC and Anderson Bradshaw PLLC shall produce in this action all documents that they produced in In re Longwei Petroleum Investment Holding Limited Securities Litigation, 13 Civ. 2014 (RMB); with respect to documents produced in that litigation by other parties, plaintiffs may seek those documents from the parties that produced them. All discovery shall be completed by June 30, 2015. The pretrial order shall be submitted by July 31, 2015, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. If all parties consent to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. ยง 636(c), the enclosed consent form should be executed and returned. (Discovery due by 6/30/2015. Motions due by 7/31/2015. Pretrial Order due by 7/31/2015.) (Signed by Magistrate Judge James C. Francis on 3/18/2015) Copies Transmitted By Chambers. (tn) (Entered: 03/18/2015)
2015-03-19 107 0 ORDER granting 105 Motion for Quynh Vu to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 03/19/2015)
2015-03-19 108 0 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF QUYNH VU: Quynh Vu is admitted to practice Pro Hac Vice for Defendants Michael Toups, Douglas Cole, and Gerald DeCiccio in the above- captioned action. (Signed by Judge Richard M. Berman on 3/19/2015) (kl) (Entered: 03/19/2015)
2015-05-19 109 0 LETTER MOTION for Local Rule 37.2 Conference re: Plaintiff's deposition addressed to Magistrate Judge James C. Francis IV from Steven S. Kaufhold dated May 19, 2015. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Vu, Quynh) (Entered: 05/19/2015)
2015-05-21 110 0 DECISION & ORDER: For the foregoing reasons, the Individual Defendants and Auditor Defendants' motions to dismiss (#76 and #86) are denied. The parties are requested to appear for a status/settlement conference on June 17, 2015 at 11:30 a.m. (Signed by Judge Richard M. Berman on 5/21/2015) (kgo) (Entered: 05/21/2015) 2015-06-16 18:41:59 1cbcc110652556ca9db9352ddfdee4e323c15bbe
2015-05-22 111 0 LETTER addressed to Magistrate Judge James C. Francis IV from Kevin K. Chan dated May 22, 2015 re: Response to Defendants Douglas Cole, Gerald Deciccio, Michael Toups' Letter Motion for Local Rule 37.2 Conference. Document filed by Todd Okimoto.(Chan, Kevin) (Entered: 05/22/2015)
2015-05-26 112 0 REQUEST TO ENTER DEFAULT against Youngjun Cai . Document filed by Todd Okimoto. (Attachments: # 1 Declaration of Erica L. Stone, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Text of Proposed Order Proposed Certificate of Default)(Stone, Erica) (Entered: 05/26/2015)
2015-05-26 113 0 REQUEST TO ENTER DEFAULT against Yongping Xue . Document filed by Todd Okimoto. (Attachments: # 1 Declaration of Erica L. Stone, # 2 Exhibit 1 to the Declaration, # 3 Exhibit 2 to the Declaration, # 4 Exhibit 3 to the Declaration, # 5 Exhibit 4 to the Declaration, # 6 Exhibit 5 to the Declaration, # 7 Text of Proposed Order Proposed Certificate of Default)(Stone, Erica) (Entered: 05/26/2015)
2015-05-26 114 0 REQUEST TO ENTER DEFAULT against Dora Dong . Document filed by Todd Okimoto. (Attachments: # 1 Declaration of Erica L. Stone, # 2 Exhibit 1 to the Declaration, # 3 Exhibit 2 to the Declaration, # 4 Exhibit 3 to the Declaration, # 5 Exhibit 4 to the Declaration, # 6 Exhibit 5 to the Declaration, # 7 Text of Proposed Order Proposed Certificate of Default)(Stone, Erica) (Entered: 05/26/2015)
2015-05-27 115 0 ORDER denying 109 Letter Motion for Local Rule 37.2 Conference. No conference is necessary. Plaintiff shall be deposed in either Hawaii or New York, at his option; defendants shall bear the reasonable costs of his transportation and accommodations. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 05/27/2015)
2015-05-29 116 0 LETTER addressed to Judge Richard M. Berman from Mary Ann C. May dated May 29, 2015 re: Telephonic Appearance at Status/Settlement Conference Scheduled June 17, 2015. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 05/29/2015) 2015-06-16 18:49:03 0e50ed16d64359f37decfb9db0316e7b3402b31f
2015-06-01 117 0 MEMO ENDORSEMENT on re: 116 Letter, filed by CHILD, VAN WAGONER & BRADSHAW, PLLC, ANDERSON BRADSHAW PLLC. ENDORSEMENT: Request granted. (Signed by Judge Richard M. Berman on 6/1/2015) (kgo) (Entered: 06/01/2015)
2015-06-04 118 0 ANSWER to 66 Amended Complaint, with JURY DEMAND. Document filed by Douglas Cole, Gerald Deciccio, Michael Toups.(Gaskin, Jonathan) (Entered: 06/04/2015)
2015-06-05 119 0 MOTION for Extension of Time to File Answer Stipulated. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 06/05/2015)
2015-06-08 120 0 ORDER granting 119 Letter Motion for Extension of Time to Answer. The accountant defendants' time to answer is extended to June 11, 2015. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/08/2015)
2015-06-08 121 0 STIPULATION AND ORDER EXTENDING TIME FOR ACCOUNTANT DEFENDANTS TO ANSWER THE AMENDED VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record: 1. On May 21, 2015, the Court issued a Decision and Order denying the Individual Defendants' and the Accountant Defendants' respective motions to dismiss (the "Order"). See Docket. No. 110. 2. Given the recent Order, the Accountant Defendants believe that there is good cause to grant them a seven-day extension to answer the Amended Complaint and the Plaintiff does not object to such an extension. 3. Based upon the foregoing, the Accountant Defendants' time to file their Answer to the Amended Complaint, presently due on June 4, 2015, is extended until June 11, 2015. (Signed by Judge Richard M. Berman on 6/8/2015) (kgo) (Entered: 06/08/2015)
2015-06-11 122 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 06/11/2015)
2015-06-11 123 0 ANSWER to 66 Amended Complaint,. Document filed by ANDERSON BRADSHAW PLLC, CHILD, VAN WAGONER & BRADSHAW, PLLC.(May, Mary Ann) (Entered: 06/11/2015)