Case details

Court: nysd
Docket #: 1:14-cv-03543
Case Name: Arshanapally v. Zhu et al
PACER case #: 427094
Date filed: 2014-05-16
Assigned to: Judge Ronnie Abrams
Referred to: Magistrate Judge Ronald L. Ellis
Case Cause: 28:1332fd Diversity-Breach of Fiduciary Duty
Nature of Suit: 160 Stockholders Suits
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Sreeram Arshanapally
Plaintiff
Derivatively and on behalf of Lihua International Inc.
Timothy William Brown
The Brown Law Firm 127A Cove Road Oyster Bay Cove, NY 11771 516-922-5427 Email: tbrown@thebrownlawfirm.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart J. Guber
Faruqi & Faruqi, LLP 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 (215)-277-5770 Fax: (215)-277-5771 Email: sguber@faruqilaw.com
ATTORNEY TO BE NOTICED

Jianhua Zhu
Defendant
Daphne Yan Huang
Defendant
TERMINATED: 10/05/2017
Bret A. Finkelstein
Lane Powell PC 1420 Fifth Avenue, Suite 4200 P.O. Box 91302 Seattle, WA 98111 206-223-7033 Email: Finkelsteinb@lanepowell.com
ATTORNEY TO BE NOTICED

Claire Loebs Davis
Lane Powell PC 1420 Fifth Avenue, Suite 4200, P.O. Box 91302 Seattle, WA 98111-9402 (206)-223-7060 Email: davisc@lanepowell.com
ATTORNEY TO BE NOTICED

Douglas W. Greene
Lane Powell 1420 Fifth Ave., Suite 4200, Po Box 91302 Seattle, WA 98111 (206)-223-6103 Fax: (206)-223-7107 Email: greened@lanepowell.com
ATTORNEY TO BE NOTICED

Jay Shapiro
White & Williams, LLP (NY) One Penn Plaza, Suite 4110 New York, NY 10019 (212)-244-1453 Fax: (212)-244-6200 Email: shapiroj@whiteandwilliams.com
ATTORNEY TO BE NOTICED

Kristin Beneski
Lane Powell PC 1420 Fifth Avenue, Suite 4200, P.O. Box 91302 Seattle, WA 98111-9402 (206)-223-7075 Email: beneskik@lanepowell.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
Lane Powell PC 601SW Second Ave, Suite 2100 Portland, OR 97204 503-778-2100 Fax: 503-778-2200 Email: hawkesp@lanepowell.com
ATTORNEY TO BE NOTICED

Yaying Wang
Defendant
Siu Ki Lau
Defendant
"Kelvin" TERMINATED: 10/05/2017
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan P. Serbin
Defendant
TERMINATED: 10/05/2017
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

Lihua International Inc.
Nominal Defendant
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

William Peck
Plaintiff
TERMINATED: 09/07/2016
Nadeem Faruqi
Faruqi & Faruqi, LLP 369 Lexington Avenue 10th Floor New York, NY 10017 (212) 983-9330 Fax: (212) 983-9331 Email: nfaruqi@faruqilaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart J. Guber
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Nina Mahesh Varindani
Faruqi & Faruqi, LLP 369 Lexington Avenue 10th Floor New York, NY 10017 212-983-9330 Fax: 212-983-9331 Email: nvarindani@faruqilaw.com
ATTORNEY TO BE NOTICED

Timothy J Peter
Faruqi & Faruqi, LLP 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 (215)-277-5770 Fax: (215)-277-5771 Email: tpeter@faruqilaw.com
ATTORNEY TO BE NOTICED

Robert C. Bruce
Consolidated Defendant
TERMINATED: 10/05/2017
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

Tian Bao Wang
Consolidated Defendant
TERMINATED: 10/05/2017
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

Ming Zhang
Consolidated Defendant
TERMINATED: 10/05/2017
Bret A. Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Claire Loebs Davis
(See above for address)
ATTORNEY TO BE NOTICED

Douglas W. Greene
(See above for address)
ATTORNEY TO BE NOTICED

Jay Shapiro
(See above for address)
ATTORNEY TO BE NOTICED

Kristin Beneski
(See above for address)
ATTORNEY TO BE NOTICED

Peter Douglas Hawkes
(See above for address)
ATTORNEY TO BE NOTICED

Eric Morrison
Plaintiff
Stuart J. Guber
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-05-16 1 0 CIVIL COVER SHEET filed. (js) (Entered: 05/20/2014)
2014-05-16 2 0 COMPLAINT against Daphne Yan Huang, Siu Ki Lau, Jonathan P. Serbin, Yaying Wang, Jianhua Zhu. (Filing Fee $ 350.00, Receipt Number 465401095159)Document filed by Sreeram Arshanapally.(js) (Additional attachment(s) added on 5/23/2014: # 1 cmp 2 part 1, # 2 cmp part 2 2, # 3 cmp 3 part 1, # 4 cmp 3 part 2, # 5 cmp part 4) (laq). (Entered: 05/20/2014) 2017-10-11 04:21:25 92180dba4eb1f32681b736e45f45a76ecb60f22b
2014-05-22 3 0 SUMMONS RETURNED EXECUTED. Lihua International Inc. served on 5/22/2014, answer due 6/12/2014. Service was accepted by Paul Matthews of Corporation Service Company, the registered agent for Lihua International, Inc.. Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 05/22/2014)
2014-05-16 4 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) (js) (Entered: 05/22/2014)
2014-06-04 5 0 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/8/2014 at 04:45 PM in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 6/4/2014) (kgo) (Entered: 06/04/2014)
2014-07-09 6 0 MOTION for Douglas W. Greene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9867460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin.(Greene, Douglas) (Entered: 07/09/2014)
2014-07-09 7 0 WAIVER OF SERVICE RETURNED EXECUTED. Daphne Yan Huang waiver sent on 7/7/2014, answer due 9/5/2014. Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 07/09/2014)
2014-07-09 8 0 WAIVER OF SERVICE RETURNED EXECUTED. Siu Ki Lau waiver sent on 7/7/2014, answer due 9/5/2014. Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 07/09/2014)
2014-07-09 9 0 WAIVER OF SERVICE RETURNED EXECUTED. Jonathan P. Serbin waiver sent on 7/7/2014, answer due 9/5/2014. Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 07/09/2014)
2014-07-10 10 0 ORDER granting 6 Motion for Douglas W. Greene to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 07/10/2014)
2014-07-10 11 0 NOTICE OF APPEARANCE by Jay Shapiro on behalf of Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. (Shapiro, Jay) (Entered: 07/10/2014)
2014-07-10 12 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lihua International Inc..(Shapiro, Jay) (Entered: 07/10/2014)
2014-07-10 13 0 MOTION to Dismiss . Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin.(Shapiro, Jay) (Entered: 07/10/2014)
2014-07-10 14 0 MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss . . Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. (Shapiro, Jay) (Entered: 07/10/2014)
2014-07-10 15 0 DECLARATION of Jay Shapiro in Support re: 13 MOTION to Dismiss .. Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Shapiro, Jay) (Entered: 07/10/2014)
2014-07-10 16 0 CERTIFICATE OF SERVICE of Motion to Dismiss and supporting papers served on Sreeram Arshanapally on 7/10/2014. Service was made by Mail. Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. (Shapiro, Jay) (Entered: 07/10/2014)
2014-07-18 17 0 MOTION for Claire Loebs Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9903955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin.(Davis, Claire) (Entered: 07/18/2014)
2014-07-21 18 0 ORDER granting 17 Motion for Claire Loebs Davis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 07/21/2014)
2014-07-21 19 0 LETTER MOTION for Extension of Time to Amend 14 Memorandum of Law in Support of Motion, 13 MOTION to Dismiss ., 15 Declaration in Support of Motion, 16 Certificate of Service Other, in Lieu of Post-12(b) motion conference pursuant to governing Pilot Project rules addressed to Judge Ronnie Abrams from Timothy W. Brown, Esq. dated July 21, 2014. Document filed by Sreeram Arshanapally.(Brown, Timothy) (Entered: 07/21/2014)
2014-07-22 20 0 LETTER addressed to Judge Ronnie Abrams from Douglas W. Greene dated July 22, 2014 re: Response to July 21, 2014 letter-motion of Plaintiff. Document filed by Daphne Yan Huang.(Shapiro, Jay) (Entered: 07/22/2014)
2014-07-24 21 0 MOTION for Kristin Beneski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9923065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin.(Beneski, Kristin) (Entered: 07/24/2014)
2014-07-23 22 0 MEMO ENDORSEMENT on re: 20 Letter filed by Daphne Yan Huang. ENDORSEMENT: The parties are directed to jointly call Chambers on July 29, 2014 at 3:00 p.m. to discuss the issues raised in Plaintiff's July 21st letter and herein. So ordered. (Signed by Judge Ronnie Abrams on 7/23/2014) (rjm) (Entered: 07/24/2014)
2014-07-28 23 0 ORDER granting 21 Motion for Kristin Beneski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 07/28/2014)
2014-07-29 24 0 NOTICE OF APPEARANCE by Peter Douglas Hawkes on behalf of Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. (Hawkes, Peter) (Entered: 07/29/2014)
2014-07-29 25 0 NOTICE OF CHANGE OF ADDRESS by Peter Douglas Hawkes on behalf of Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin. New Address: Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR, USA 97204, 503.778.2100. (Hawkes, Peter) (Entered: 07/29/2014)
2014-07-29 26 0 ORDER granting in part and denying in part 19 Letter Motion for Extension of Time to Amend: As discussed with the parties at today's telephone conference, Plaintiff's request to file an amended complaint thirty days after the Court adjudicates any motions to dismiss in the Class Actions is DENIED. His request to file an amended complaint fourteen days after the lead plaintiff in the Class Actions files the consolidated complaint is GRANTED. Upon further consideration, the initial pretrial conference, scheduled for August 8, 2014, is ADJOURNED. Within 10 days of the filing of Plaintiff's Amended Complaint in this action, the parties shall submit on ECF a joint letter proposing a schedule for the briefing of Defendants' motion to dismiss, if Defendants intend to renew their motion. Because Plaintiff has represented that he intends to file an Amended Complaint, Defendant's presently-pending motion to dismiss is DENIED as moot. Consistent with Rule 4(C) of this Court's Individual Rules and Practices in Civil Cases, after Plaintiff files an Amended Complaint, Defendants may indicate that they wish to rely on their previously-filed motion. The Clerk of Court is respectfully requested to close the motion pending at docket number 13. (Signed by Judge Ronnie Abrams on 7/29/2014) (tn) Modified on 8/5/2014 (tn). (Entered: 07/29/2014)
2014-10-24 27 0 MOTION to Consolidate Cases 14-CV-3543, 14-CV-6540 ., MOTION to Appoint Counsel Plaintiffs William Peck and Sreeram Arshanapally's Notice of Unopposed Motion for Entry of [Proposed] Order Consolidating Related Derivative Actions and Appointing Co-Lead Counsel. Document filed by William Peck. (Attachments: # 1 Text of Proposed Order)(Faruqi, Nadeem) (Entered: 10/24/2014)
2014-10-24 28 0 MEMORANDUM OF LAW in Support re: 27 MOTION to Consolidate Cases 14-CV-3543, 14-CV-6540 . MOTION to Appoint Counsel Plaintiffs William Peck and Sreeram Arshanapally's Notice of Unopposed Motion for Entry of [Proposed] Order Consolidating Related Derivative Actions and Appointing Co-Lead Counsel. . Document filed by William Peck. (Faruqi, Nadeem) (Entered: 10/24/2014)
2014-10-24 29 0 DECLARATION of NADEEM FARUQI in Support re: 27 MOTION to Consolidate Cases 14-CV-3543, 14-CV-6540 . MOTION to Appoint Counsel Plaintiffs William Peck and Sreeram Arshanapally's Notice of Unopposed Motion for Entry of [Proposed] Order Consolidating Related Derivative Actions and Appointing Co-Lead Counsel.. Document filed by William Peck. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Faruqi, Nadeem) (Entered: 10/24/2014)
2014-10-24 30 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated October 24, 2014 Document filed by William Peck.(Faruqi, Nadeem) (Entered: 10/24/2014)
2014-10-29 31 0 ORDER granting 27 Motion to Consolidate Cases 14-cv-3543 (as Lead Case) with 14-cv-6540; granting 27 Motion to Appoint Counsel. The above-captioned actions are consolidated for all purposes. It is hereby ordered that: A Master File is established for this proceeding. The Master File shall be Case No. 14-cv-3543. The Clerk of this Court is directed to close Case No. 14-cv-06540. Every filing in the Consolidated Action shall be captioned In re Lihua International, Inc. Shareholder Derivative Action Case No. 14-cv-3543. Co-lead counsel for Plaintiffs for the conduct of the Consolidated Action shall be: The Brown Law Firm, P.C. 127 A Cove Road Oyster Bay Cove, New York 11771 Tel: (516) 922-5427 and Faruqi & Faruqi, LLP 369 Lexington Avenue, 10th Floor New York, New York 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 and 101 Greenwood Avenue, Suite 600 Jenkintown, Pennsylvania 19046 Tel: (215) 277-5770 Fax: (215) 277-5771. (See Order.) (Signed by Judge Ronnie Abrams on 10/29/2014) (ajs) (Entered: 10/30/2014)
2014-10-31 32 0 AMENDED COMPLAINT amending 2 Complaint, against Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Yaying Wang, Ming Zhang, Jianhua Zhu with JURY DEMAND.Document filed by Sreeram Arshanapally, William Peck. Related document: 2 Complaint, filed by Sreeram Arshanapally.(Faruqi, Nadeem) (Entered: 10/31/2014)
2014-11-14 33 0 NOTICE OF APPEARANCE by Douglas W. Greene on behalf of Robert C. Bruce, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 11/14/2014)
2014-11-14 34 0 NOTICE OF APPEARANCE by Kristin Beneski on behalf of Robert C. Bruce, Tian Bao Wang, Ming Zhang. (Beneski, Kristin) (Entered: 11/14/2014)
2014-11-14 35 0 NOTICE OF APPEARANCE by Claire Loebs Davis on behalf of Robert C. Bruce, Tian Bao Wang, Ming Zhang. (Davis, Claire) (Entered: 11/14/2014)
2014-11-14 36 0 NOTICE OF APPEARANCE by Peter Douglas Hawkes on behalf of Robert C. Bruce, Tian Bao Wang, Ming Zhang. (Hawkes, Peter) (Entered: 11/14/2014)
2014-11-14 37 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION Scheduling Stipulation . Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Greene, Douglas) Modified on 11/17/2014 (db). (Entered: 11/14/2014)
2014-11-17 38 0 NOTICE OF APPEARANCE by Jay Shapiro on behalf of Robert C. Bruce, Tian Bao Wang, Ming Zhang. (Shapiro, Jay) (Entered: 11/17/2014)
2014-11-17 39 0 ORDER: GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: 1. The Represented Defendants shall answer or move to dismiss the Verified Consolidated Amended Shareholder Derivative Complaint no later than January 20, 2015; 2. Plaintiffs shall file their opposition brief to any motion to dismiss no later than March 27, 2015; and 3. The Represented Defendants shall file their reply brief in support of any motion to dismiss no later than April 25, 2015. Robert C. Bruce answer due 1/20/2015; Daphne Yan Huang answer due 1/20/2015; Siu Ki Lau answer due 1/20/2015; Lihua International Inc. answer due 1/20/2015; Jonathan P. Serbin answer due 1/20/2015; Tian Bao Wang answer due 1/20/2015; Ming Zhang answer due 1/20/2015.( Motions due by 1/20/2015., Responses due by 3/27/2015, Replies due by 4/25/2015.) (Signed by Judge Ronnie Abrams on 11/17/2014) (ajs) (Entered: 11/17/2014)
2014-11-19 40 0 MOTION for Stuart J. Guber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10330269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Peck. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Guber, Stuart) (Entered: 11/19/2014)
2014-11-20 41 0 ORDER granting 40 Motion for Stuart J. Guber to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 11/20/2014)
2015-01-20 42 0 MOTION to Dismiss Verified Consolidated Amended Shareholder Derivative Complaint. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. Responses due by 3/27/2015(Greene, Douglas) (Entered: 01/20/2015)
2015-01-20 43 0 MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss Verified Consolidated Amended Shareholder Derivative Complaint. . Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 01/20/2015)
2015-01-20 44 0 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Peter D. Hawkes in Support re: 42 MOTION to Dismiss Verified Consolidated Amended Shareholder Derivative Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-16, # 4 Exhibit 17, # 5 Exhibit 18-22, # 6 Exhibit 23, # 7 Exhibit 24-29)(Greene, Douglas) Modified on 1/23/2015 (db). (Entered: 01/20/2015)
2015-01-20 45 0 MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss Verified Consolidated Amended Shareholder Derivative Complaint. REQUEST FOR JUDICIAL NOTICE. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 01/20/2015)
2015-01-21 46 0 DECLARATION of Peter D. Hawkes in Support re: 42 MOTION to Dismiss Verified Consolidated Amended Shareholder Derivative Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-16, # 4 Exhibit 17, # 5 Exhibit 18-22, # 6 Exhibit 23, # 7 Exhibit 24-29)(Greene, Douglas) (Entered: 01/21/2015)
2015-02-02 47 0 LETTER addressed to Judge Ronnie Abrams from Timothy W. Brown dated February 2, 2015 re: Notification that Plaintiffs Intend to Amend the Verified Consolidated Amended Shareholder Derivative Complaint. Document filed by Sreeram Arshanapally.(Brown, Timothy) (Entered: 02/02/2015)
2015-02-03 48 0 LETTER addressed to Judge Ronnie Abrams from Douglas W. Greene dated 2/3/2015 re: Plaintiffs' Proposed Amendment to Complaint. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Greene, Douglas) (Entered: 02/03/2015)
2015-02-04 49 0 MEMO ENDORSEMENT on re: 48 Letter re: Plaintiffs' Proposed Amendment to Complaint, filed by Daphne Yan Huang, Tian Bao Wang, Jonathan P. Serbin, Siu Ki Lau, Robert C. Bruce, Ming Zhang, Lihua International Inc. ENDORSEMENT: Plaintiffs shall have leave to amend the complaint. Further amendments shall not be granted absent extraordinary circumstances. One week after the amended complaint is filed, the parties shall submit a revised proposed schedule to the Court. (Signed by Judge Ronnie Abrams on 2/4/2015) (kko) (Entered: 02/04/2015)
2015-03-04 50 0 SECOND AMENDED COMPLAINT amending 32 Amended Complaint, against Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Yaying Wang, Ming Zhang, Jianhua Zhu with JURY DEMAND.Document filed by Sreeram Arshanapally, William Peck. Related document: 32 Amended Complaint, filed by Sreeram Arshanapally, William Peck.(Guber, Stuart) (Entered: 03/04/2015)
2015-03-11 51 0 ORDER: IT IS HEREBY ORDERED THAT: 1. Nominal Defendant Lihua International, Inc. and Defendants Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Jonathan P. Serbin, Tianbao Wang, and Ming Zhang (the "Represented Defendants") shall move to dismiss the Second Amended Shareholder Derivative Complaint no later than April 22, 2015; 2. Plaintiffs shall file their opposition brief to the motion to dismiss no later than June 10, 2015; and 3. The Represented Defendants shall file their reply brief in support of the motion to dismiss no later than July 8, 2015. (Motions due by 4/22/2015. Responses due by 6/10/2015, Replies due by 7/8/2015.) (Signed by Judge Ronnie Abrams on 3/11/2015) (ajs) (Entered: 03/11/2015)
2015-04-22 52 0 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. Responses due by 6/10/2015(Greene, Douglas) (Entered: 04/22/2015)
2015-04-22 53 0 MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. . Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 04/22/2015)
2015-04-22 54 0 DECLARATION of Kristin Beneski in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-16, # 4 Exhibit 17, # 5 Exhibit 18-22, # 6 Exhibit 23, # 7 Exhibit 24-29, # 8 Exhibit 30-31 & Attachment A)(Greene, Douglas) (Entered: 04/22/2015)
2015-04-22 55 0 MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. REQUEST FOR JUDICIAL NOTICE. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 04/22/2015)
2015-04-22 56 0 DECLARATION of Jianjian Wang in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 04/22/2015)
2015-04-22 57 0 LETTER addressed to Judge Ronnie Abrams from Douglas W. Greene dated April 22, 2015 re: Request for Oral Argument. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Greene, Douglas) (Entered: 04/22/2015)
2015-06-10 58 0 Objection re: 55 Memorandum of Law in Support of Motion, Plaintiffs' Objection to Defendants' Request for Judicial Notice. Document filed by Sreeram Arshanapally, William Peck. (Guber, Stuart) (Entered: 06/10/2015)
2015-06-10 59 0 DECLARATION of Stuart J. Guber in Support re: 58 Objection (non-motion). Document filed by Sreeram Arshanapally, William Peck. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Guber, Stuart) (Entered: 06/10/2015)
2015-06-10 60 0 MEMORANDUM OF LAW in Opposition re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. . Document filed by Sreeram Arshanapally, William Peck. (Guber, Stuart) (Entered: 06/10/2015)
2015-06-10 61 0 DECLARATION of Stuart J. Guber in Opposition re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Sreeram Arshanapally, William Peck. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Guber, Stuart) (Entered: 06/10/2015)
2015-06-11 62 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated June 11, 2015 re: Plaintiffs' Corrected Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Verified Consolidated Second Amended Complaint. Document filed by Sreeram Arshanapally, William Peck. (Attachments: # 1 Exhibit Plaintiffs' Corrected Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Verified Consolidated Second Amended Complaint)(Guber, Stuart) (Entered: 06/11/2015)
2015-06-11 63 0 MEMO ENDORSEMENT on re: 62 Letter, filed by Sreeram Arshanapally, William Peck, re: Plaintiffs' Corrected Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Verified Consolidated Second Amended Complaint. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/11/2015) (ajs) (Entered: 06/12/2015)
2015-06-12 64 0 MEMORANDUM OF LAW in Opposition re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. . Document filed by Sreeram Arshanapally, William Peck. (Guber, Stuart) (Entered: 06/12/2015)
2015-06-23 65 0 MOTION for Timothy J. Peter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11067218. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Peck. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Peter, Timothy) (Entered: 06/23/2015)
2015-06-24 66 0 ORDER granting 65 Motion for Timothy J. Peter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 06/24/2015)
2015-06-24 67 0 NOTICE OF APPEARANCE by Nina Mahesh Varindani on behalf of William Peck. (Varindani, Nina) (Entered: 06/24/2015)
2015-07-08 68 0 REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. . Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 07/08/2015)
2015-07-08 69 0 REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint. . Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 07/08/2015)
2015-07-08 70 0 DECLARATION of Kristin Beneski in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Attachments: # 1 Exhibit 23A)(Greene, Douglas) (Entered: 07/08/2015)
2015-07-08 71 0 DECLARATION of Bret Newman in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 07/08/2015)
2015-07-08 72 0 DECLARATION of Max Staffa in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 07/08/2015)
2015-07-08 73 0 DECLARATION of Yan Hing Wong in Support re: 52 MOTION to Dismiss Verified Consolidated 2nd Amended Complaint.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Greene, Douglas) (Entered: 07/08/2015)
2015-08-03 74 0 ORDER finding as moot 42 Motion to Dismiss filed on January 20, 2015. The Clerk of Court is respectfully requested to close this motion. (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie) (Entered: 08/03/2015)
2016-01-28 75 0 ORDER: Oral argument on Defendants' motion to dismiss is hereby scheduled on March 9, 2016 at 2:00 p.m. in Courtroom 1506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Oral Argument set for 3/9/2016 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/28/2016) (cf) (Entered: 01/28/2016)
2016-03-09 76 0 ORDER granting in part and denying in part 52 Motion to Dismiss. For the reasons stated on the record at today's conference, the Motion to Dismiss the Verified Consolidated Second Amended Shareholder Derivative Complaint by Lihua International, Inc., Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Jonathan P. Serbin, Tianbao Wang, and Ming Zhang (the "Motion") is granted in part and denied in part. The Motion is granted with respect to Counts One, Four, Seven, and Eight, and is otherwise denied. The Clerk of Court is respectfully directed to terminate item number 52 on the docket. By no later than March 16, 2016, the parties shall submit a joint letter indicating dates in March and April on which counsel for all parties are available for the initial pre-trial conference. By no later than one week in advance of the conference, the parties shall jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Abrams. (Signed by Judge Ronnie Abrams on 3/9/2016) (cf) Modified on 4/15/2016 (cf). (Entered: 03/09/2016)
2016-03-16 77 0 JOINT LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber, Timothy W. Brown and Douglas W. Greene dated March 16, 2016 re: Response to March 9, 2016 Order. Document filed by Sreeram Arshanapally, Robert C. Bruce, Lihua International Inc., William Peck, Tian Bao Wang, Ming Zhang.(Guber, Stuart) (Entered: 03/16/2016)
2016-03-17 78 0 MEMO ENDORSEMENT on re: 77 Letter, filed by Tian Bao Wang, Robert C. Bruce, Sreeram Arshanapally, Ming Zhang, William Peck, Lihua International Inc. re: Response to March 9, 2016 Order. ENDORSEMENT: The initial pre-trial conference shall be held on April 22, 2016 at 2:30 p.m. So ordered. (Initial Conference set for 4/22/2016 at 02:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/17/2016) (kko) (Entered: 03/17/2016)
2016-03-18 79 0 LETTER MOTION for Extension of Time to File Answer to Verified Consolidated Second Amended Shareholder Derivative Complaint addressed to Judge Ronnie Abrams from Douglas W. Greene dated March 18, 2016. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Greene, Douglas) (Entered: 03/18/2016)
2016-03-21 80 0 ORDER granting 79 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. Robert C. Bruce answer due 5/6/2016; Daphne Yan Huang answer due 5/6/2016; Siu Ki Lau answer due 5/6/2016; Jonathan P. Serbin answer due 5/6/2016; Tian Bao Wang answer due 5/6/2016; Ming Zhang answer due 5/6/2016 (Signed by Judge Ronnie Abrams on 3/21/2016) (cf) (Entered: 03/21/2016)
2016-03-24 81 0 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/9/2016 before Judge Ronnie Abrams. Court Reporter/Transcriber: Pamela Utter, (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 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016.(McGuirk, Kelly) (Entered: 03/24/2016)
2016-03-24 82 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/9/16 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: 03/24/2016)
2016-04-11 83 0 MOTION Clarification re: 76 Order on Motion to Dismiss,,,, . Document filed by Daphne Yan Huang.(Greene, Douglas) (Entered: 04/11/2016)
2016-04-11 84 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Clarification re: 76 Order on Motion to Dismiss . Document filed by Daphne Yan Huang.(Greene, Douglas) Modified on 4/12/2016 (db). (Entered: 04/11/2016)
2016-04-12 85 0 MEMORANDUM OF LAW in Support re: 83 MOTION Clarification re: 76 Order on Motion to Dismiss,,,, . . Document filed by Daphne Yan Huang. (Greene, Douglas) (Entered: 04/12/2016)
2016-04-12 86 0 ORDER: The Court has received Defendant Daphne Yan Huang's motion seeking clarification of the Court's March 9, 2016 order granting in part and denying in part certain Defendants' motion to dismiss. On or before April 19, 2016, Plaintiffs shall notify the Court in writing whether they object to dismissing Huang from this action. If Plaintiffs do so object, they shall also explain the legal basis for their objection in light of the Court's reasoning in deciding the motion to dismiss. The parties should be prepared to discuss this issue at the conference scheduled on April 22, 2016. (Signed by Judge Ronnie Abrams on 4/12/2016) (cf) (Entered: 04/12/2016)
2016-04-13 87 0 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Sreeram Arshanapally.(Brown, Timothy) (Entered: 04/13/2016)
2016-04-18 88 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated April 18, 2016 re: Telephonic Appearance. Document filed by Sreeram Arshanapally, William Peck.(Guber, Stuart) (Entered: 04/18/2016)
2016-04-19 89 0 MEMO ENDORSEMENT on re: 88 Letter filed by Sreeram Arshanapally, William Peck. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Ronnie Abrams on 4/19/2016) (cf) (Entered: 04/19/2016)
2016-04-20 90 0 MEMORANDUM OF LAW in Opposition re: 83 MOTION Clarification re: 76 Order on Motion to Dismiss,,,, . . Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 04/20/2016)
2016-04-22 91 0 ORDER granting in part and denying in part 83 Motion for Clarification re: 76 Order on Motion to Dismiss. For the reasons stated on the record at today's conference, the Motion to Dismiss the Verified Consolidated Second Amended Shareholder Derivative Complaint (the "Motion") is granted in part and denied part with regard to Defendant Daphne Yan Huang to the same extent as the other defendants on whose behalf the Motion was filed. Specifically, the Motion is granted as to Ms. Huang with respect to Counts One, Four, Seven, and Eight, and is otherwise denied. As the Court has now clarified its prior ruling on the Motion, the Clerk of Court is respectfully directed to terminate item number 83 on the docket. (Signed by Judge Ronnie Abrams on 4/22/2016) (cf) (Entered: 04/25/2016)
2016-04-22 92 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 Ronald L. Ellis. (Signed by Judge Ronnie Abrams on 4/22/2016) (tro) (Entered: 04/25/2016)
2016-04-28 93 0 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ronald L. Ellis from Douglas W. Greene dated 04/28/2016. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Greene, Douglas) (Entered: 04/28/2016)
2016-04-29 94 0 ORDER granting 93 Letter Motion to Adjourn Conference. Status Conference set for 5/16/2016 at 2:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242 (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 04/29/2016)
2016-05-05 95 0 NOTICE OF APPEARANCE by Bret A. Finkelstein on behalf of Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Finkelstein, Bret) (Entered: 05/05/2016)
2016-05-06 96 0 NOTICE OF CHANGE OF ADDRESS by Bret A. Finkelstein on behalf of Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. New Address: Lane Powell PC, 1420 Fifth Ave., Suite 4200, PO Box 91302, Seattle, WA, USA 98111-9402, 206-223-7033. (Finkelstein, Bret) (Entered: 05/06/2016)
2016-05-06 97 0 ANSWER to 50 Amended Complaint, with JURY DEMAND. Document filed by Lihua International Inc..(Finkelstein, Bret) (Entered: 05/06/2016)
2016-05-06 98 0 ANSWER to 50 Amended Complaint, with JURY DEMAND. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 05/06/2016)
2016-05-16 99 0 ORDER: These related actions were referred to the undersigned for general pretrial. Following a status conference with the Parties today, IT IS HEREBY ORDERED THAT the deadline for fact discovery in both actions is November 16, 2017. (Fact Discovery due by 11/16/2017.) (Signed by Magistrate Judge Ronald L. Ellis on 5/16/2016) (kko) (Entered: 05/16/2016)
2016-05-16 100 0 STATUS CONFERENCE ORDER: You are ORDERED to appear for a STATUS CONFERENCE, to be held on Monday, June 20, 2016 at 11:00 a.m. in Courtroom 11C, in front of the Honorable Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (Status Conference set for 6/20/2016 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 5/16/2016) (kko) (Entered: 05/16/2016)
2016-06-07 101 0 TRANSCRIPT of Proceedings re: Status Conference held on 5/16/2016 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016.(ca) (Entered: 06/07/2016)
2016-06-07 102 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 05/16/2016 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...(ca) (Entered: 06/07/2016)
2016-06-13 103 0 STATUS REPORT. Joint Status Report to Judge Ellis in advance of June 20 Conference. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 06/13/2016)
2016-06-17 104 0 TRANSCRIPT of Proceedings re: DECISION held on 4/22/2016 before Judge Ronnie Abrams. Court Reporter/Transcriber: Paula Speer, (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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(McGuirk, Kelly) (Entered: 06/17/2016)
2016-06-17 105 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISION proceeding held on 4/22/16 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: 06/17/2016)
2016-07-19 106 0 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ronald L. Ellis from Douglas W. Greene dated 07/19/2016. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 07/19/2016)
2016-07-25 107 0 ORDER granting 106 Letter Motion to Adjourn Conference. Status Conference set for 9/13/2016 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 07/25/2016)
2016-08-12 108 0 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 8/12/2016) (kko) (Entered: 08/12/2016)
2016-09-02 109 0 MOTION to Substitute Party. Old Party: William Peck, New Party: Eric Morrison . Document filed by Sreeram Arshanapally, William Peck. (Attachments: # 1 Text of Proposed Order)(Guber, Stuart) (Entered: 09/02/2016)
2016-09-02 110 0 MEMORANDUM OF LAW in Support re: 109 MOTION to Substitute Party. Old Party: William Peck, New Party: Eric Morrison . . Document filed by Sreeram Arshanapally, William Peck. (Guber, Stuart) (Entered: 09/02/2016)
2016-09-02 111 0 DECLARATION of Stuart J. Guber in Support re: 109 MOTION to Substitute Party. Old Party: William Peck, New Party: Eric Morrison .. Document filed by Sreeram Arshanapally, William Peck. (Guber, Stuart) (Entered: 09/02/2016)
2016-09-07 112 0 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO SUBSTITUTE PLAINTIFF granting 109 Motion to Substitute Party. This Court, having considered William Peck and Sreeram Arshanapally's unopposed motion to substitute Eric Morrison as a named plaintiff for William Peck, hereby ORDERS as follows: 1. Eric Morrison shall be and hereby is substituted for William Peck as a Plaintiff in the above-captioned matter. 2. William Peck's claims in this matter shall be and hereby are dismissed without prejudice. 3. All orders issued to date shall be deemed conformed to refer and apply to Eric Morrison as a plaintiff in this matter to the same extent that they refer and apply to any other plaintiff but shall remain substantively unchanged. 4. Plaintiffs shall file their Verified Consolidated Third Amended Shareholder Derivative Complaint no later than 30 days from the date of this Order. The Represented Defendants reserve any rights they may have to seek discovery of Mr. Morrison and Mr. Peck, and Plaintiffs reserve all rights to oppose any such discovery. Eric Morrison added. William Peck terminated. (Signed by Judge Ronnie Abrams on 9/7/2016) (mro) (Entered: 09/08/2016)
2016-10-03 113 0 THIRD AMENDED COMPLAINT amending 50 Amended Complaint, against Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Yaying Wang, Ming Zhang, Jianhua Zhu with JURY DEMAND.Document filed by Eric Morrison, Sreeram Arshanapally. Related document: 50 Amended Complaint, filed by Sreeram Arshanapally, William Peck.(Guber, Stuart) (Entered: 10/03/2016)
2016-10-20 114 0 ANSWER to 113 Amended Complaint,. Document filed by Lihua International Inc..(Finkelstein, Bret) (Entered: 10/20/2016)
2016-10-20 115 0 ANSWER to 113 Amended Complaint, with JURY DEMAND. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 10/20/2016)
2016-11-01 116 0 STATUS REPORT. Joint Status Report to Judge Ellis Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 11/01/2016)
2016-12-08 117 0 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ronald L. Ellis from Bret A. Finkelstein dated 12/8/2016. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 12/08/2016)
2016-12-08 118 0 ORDER granting 117 Letter Motion to Adjourn Conference. Status Conference set for 2/13/2017 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. Status Letter to be e-filed by 1/17/2017. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 12/08/2016)
2017-01-17 119 0 STATUS REPORT. Joint Status Report to Judge Ellis Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 01/17/2017)
2017-01-31 120 0 JOINT LETTER MOTION to Adjourn Conference in light of the parties reaching a settlement agreement in principle addressed to Magistrate Judge Ronald L. Ellis from Douglas W. Greene dated 01/31/2017. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 01/31/2017)
2017-02-01 121 0 ORDER granting 120 Letter Motion to Adjourn Conference. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 02/01/2017)
2017-02-01 122 0 ORDER: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty days. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close this case. (Signed by Judge Ronnie Abrams on 2/1/2017) (cf) (Entered: 02/01/2017)
2017-02-24 123 0 JOINT LETTER MOTION to Reopen Case addressed to Judge Ronnie Abrams from Douglas W. Greene dated 02/24/2017. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 02/24/2017)
2017-02-24 124 0 ORDER granting 123 Letter Motion to Reopen Case. Application granted. (Signed by Judge Ronnie Abrams on 2/24/2017) (cf) (Entered: 02/24/2017)
2017-03-13 125 0 JOINT LETTER MOTION for Extension of Time to file settlement papers addressed to Judge Ronnie Abrams from Bret Finkelstein dated 3/13/2017. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang.(Finkelstein, Bret) (Entered: 03/13/2017)
2017-03-15 126 0 ORDER granting 125 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/15/2017) (mro) (Entered: 03/15/2017)
2017-03-22 127 0 MOTION for Settlement Unopposed Motion for Preliminary Approval of Proposed Derivative Settlement. Document filed by Sreeram Arshanapally.(Brown, Timothy) (Entered: 03/22/2017) 2017-07-24 12:55:33 035756afb840c77310339bd1c19a0b4978a540fd
2017-03-22 128 0 MEMORANDUM OF LAW in Support re: 127 MOTION for Settlement Unopposed Motion for Preliminary Approval of Proposed Derivative Settlement. . Document filed by Sreeram Arshanapally. (Brown, Timothy) (Entered: 03/22/2017) 2017-07-24 12:58:34 1250b1022271cbc4b1074289dc06f08418eafd59
2017-03-22 129 0 DECLARATION of Timothy W. Brown in Support re: 127 MOTION for Settlement Unopposed Motion for Preliminary Approval of Proposed Derivative Settlement.. Document filed by Sreeram Arshanapally. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Brown, Timothy) (Entered: 03/22/2017)
2017-06-10 130 0 NOTICE of Non-opposition to unopposed motion for preliminary approval of proposed derivative settlement re: (127 in 1:14-cv-03543-RA-RLE) MOTION for Settlement Unopposed Motion for Preliminary Approval of Proposed Derivative Settlement.. Document filed by Sreeram Arshanapally. Filed In Associated Cases: 1:14-cv-03543-RA-RLE, 1:14-cv-06540-RA(Brown, Timothy) (Entered: 06/10/2017)
2017-07-10 131 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated July 10, 2017 re: Preliminary Approval Settlement Papers. Document filed by Sreeram Arshanapally, Eric Morrison.(Guber, Stuart) (Entered: 07/10/2017)
2017-07-21 132 0 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting 127 Motion for Settlement: NOW, THEREFORE, UPON GOOD CAUSE SHOWN, IT IS HEREBY ORDERED as follows: The Court does hereby preliminarily approve the Settlement as set forth in the Stipulation, subject to further consideration at the Settlement Hearing described below. Pending the Court's determination as to final approval of the Settlement, Plaintiffs, Lihua, and all Current Lihua Shareholders are barred and enjoined from commencing, prosecuting, instigating, or in any way participating in the commencement or prosecution of any action asserting any Released Claim. Plaintiffs' Counsel and Counsel for the Individual Settling Defendants are authorized to take any action required by the Stipulation or such other acts that are reasonably necessary to consummate the proposed Settlement set forth in the Stipulation. The Settlement Hearing shall be held before this Court, on October 5, 2017, at 10:00 a.m., in the Southern District of New York, located at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10007, to determine: (i) whether the Settlement of the Action on the terms and conditions provided for in the Stipulation is fair, reasonable, and adequate to Current Lihua Shareholders and to Lihua and should be approved by the Court, and as further set forth in this order. All papers in support of the final approval of the Settlement, any application for attorneys' fees and expenses, and any application for any service awards to Plaintiffs shall be filed with the Court and served at least twenty-one calendar days before the date of the Settlement Hearing. All papers in response to any Current Lihua Shareholder objections and/or in further support of the Settlement shall be filed with the Court and served at least seven calendar days before the date of the Settlement Hearing, and as further set forth in this order. (Signed by Judge Ronnie Abrams on 7/21/2017) (jwh) (Entered: 07/21/2017)
2017-09-14 133 0 MOTION for Settlement Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys' Fees and Reimbursement of Expenses. Document filed by Sreeram Arshanapally, Eric Morrison.(Guber, Stuart) (Entered: 09/14/2017)
2017-09-14 134 0 MEMORANDUM OF LAW in Support re: 133 MOTION for Settlement Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys' Fees and Reimbursement of Expenses. . Document filed by Sreeram Arshanapally, Eric Morrison. (Guber, Stuart) (Entered: 09/14/2017)
2017-09-14 135 0 DECLARATION of Stuart J. Guber in Support re: 133 MOTION for Settlement Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Sreeram Arshanapally, Eric Morrison. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Guber, Stuart) (Entered: 09/14/2017)
2017-09-14 136 0 CERTIFICATE OF SERVICE of Plaintiffs' Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys Fees and Reimbursement of Expenses on September 14, 2017. Document filed by Sreeram Arshanapally, Eric Morrison. (Guber, Stuart) (Entered: 09/14/2017)
2017-09-15 137 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated September 15, 2017 re: Courtesy Copies. Document filed by Sreeram Arshanapally, Eric Morrison.(Guber, Stuart) (Entered: 09/15/2017)
2017-09-28 138 0 DECLARATION of Bret A. Finkelstein in Support re: 133 MOTION for Settlement Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Robert C. Bruce, Daphne Yan Huang, Siu Ki Lau, Lihua International Inc., Jonathan P. Serbin, Tian Bao Wang, Ming Zhang. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Finkelstein, Bret) (Entered: 09/28/2017)
2017-09-28 139 0 NOTICE of Plaintiffs' Notice of No Objectors to Settlement re: 133 MOTION for Settlement Unopposed Motion for Final Approval of Proposed Settlement and An Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Sreeram Arshanapally, Eric Morrison. (Guber, Stuart) (Entered: 09/28/2017)
2017-09-28 140 0 LETTER addressed to Judge Ronnie Abrams from Stuart J. Guber dated September 28, 2017 re: Courtesy Copies. Document filed by Sreeram Arshanapally, Eric Morrison.(Guber, Stuart) (Entered: 09/28/2017)
2017-10-05 141 0 FINAL JUDGMENT AND ORDER OF DISMISSAL: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: For purposes of this Final Judgment and Order of Dismissal (the "Judgment") the Court incorporates by reference the definitions in the Stipulation and all capitalized terms used herein shall have the same meanings as set forth in the Stipulation unless otherwise defined herein. The Action is hereby dismissed as to all Individual Settling Defendants with prejudice. The Settling Parties are to bear their own costs, except as set forth in the Stipulation and paragraph 6 herein. The Court approves the agreed-upon Fee and Expense Amount of $480,000 to Plaintiffs' Counsel, finding such Fee and Expense Amount is fair and reasonable. The Court finds that the two (2) named Plaintiffs shall be awarded $2,000 each for their participation and efforts in the Action. The Court permanently bars and enjoins Plaintiffs, Lihua, and Current Lihua Shareholders from commencing, prosecuting, instigating or in any way participating in the commencement, prosecution, or instigation of any action asserting any Released Claims, either directly, representatively, derivatively, or in any other capacity. Without further order of the Court, the Settling Parties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation. The Court directs immediate entry of this final Judgment by the Clerk of the Court, and as further set forth. (Signed by Judge Ronnie Abrams on 10/5/2017) (ras) (Entered: 10/05/2017) 2017-10-11 04:29:19 ecdeca6d571643971514d587a9d2e35a52086d91