UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:11-cv MMM -PLA
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1 US District Court Civil Docket as of 07/12/2012 Retrieved from the court on July 13, 2012 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:11-cv MMM -PLA Larry Brown v. China Integrated Energy, Inc. et al Assigned to: Judge Margaret M. Morrow Referred to: Magistrate Judge Paul L. Abrams Member case: (View Member Case) Related Cases: 2:11-cv MMM -PLA 2:11-cv MMM -PLA 2:11-cv MMM -PLA 2:11-cv MMM -PLA 2:11-cv MMM -PLA Cause: 15:78m(a) Securities Exchange Act Plaintiff Larry Brown Individually and on behalf of all others similarly situated Date Filed: 03/25/2011 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question represented by Mark John Geragos Geragos & Geragos 644 South Figeuroa Street Los Angeles, CA Fax: mark@geragos.com LEAD ATTORNEY Ian D Berg Abraham Fruchter & Twersky LLP High Bluff Drive San Diego, CA Fax: iberg@aftlaw.com Jeff S Westerman Milberg LLP One California Plaza 300 South Grand Avenue Suite 3900 Los Angeles, CA Fax:
2 Laurence M Rosen Rosen Law Firm 355 South Grand Avenue Suite 2450 Los Angeles, CA Fax: lrosen@rosenlegal.com Thomas C Bright Gold Bennett Cera & Sidener 595 Market St, Ste 2300 San Francisco, CA tbright@gbcslaw.com Plaintiff Jacob Levy Individually and on behalfof all other similarly situated represented by Lionel Zevi Glancy Glancy Binkow and Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA Fax: lglancy@glancylaw.com Michael M Goldberg Glancy Binkow and Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA Fax: mmgoldberg@glancylaw.com Plaintiff Noel X Negroni Individully and on behalf of all other similarly situated represented by Lionel Zevi Glancy Michael M Goldberg
3 Peter A Binkow Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA Fax: pbinkow@glancylaw.com Plaintiff Aaron Grunfeld on behlaf of himself and all others similarly situated represented by Justin B Farar Kaplan Fox and Kilsheimer LLP 1801 Century Park East Suite 1095 Los Angeles, CA Fax: jfarar@kaplanfox.com Laurence D King Kaplan Fox & Kilsheimer LLP 350 Sansome Street Suite 400 San Francisco, CA Fax: lking@kaplanfox.com Linda M Fong Kaplan Fox & Kilsheimer LLP 350 Sansome Street Suite 400 San Francisco, CA Fax: lfong@kaplanfox.com V. Movant Kim Van Langen represented by Laurence D King Linda M Fong
4 Movant Waterford Township Police and Fire Retirement System represented by Lionel Zevi Glancy Michael M Goldberg V. Intervenor Plaintiff Puerto Rico Teachers Retirement System represented by Ian D Berg Abraham Fruchter & Twersky LLP Ste High Bluff Drive San Diego, CA Fax: iberg@aftlaw.com Takeo A Kellar Abraham, Fruchter & Twersky, LLP High Bluff Drive Suite 300 San Diego, CA Fax: tkellar@aftlaw.com Intervenor Plaintiff Bert Berkhout represented by Laurence M Rosen Intervenor Plaintiff Willem Berkhout represented by Laurence M Rosen Intervenor Plaintiff The Shackleton Family Revocable Trust represented by Solomon B Cera Gold Bennett Cera & Sidener
5 595 Market St, Ste 2300 San Francisco, CA Fax: Thomas C Bright Intervenor Plaintiff City of Lansing represented by Jeff S Westerman Intervenor Plaintiff Bristol Investment Fund, Ltd represented by Mark John Geragos Shelley Kaufman Geragos & Geragos APC 644 South Figueroa Street Los Angeles, CA Fax: kaufman@geragos.com Tamar G Arminak Geragos and Geragos 644 South Figueroa Street Los Angeles, CA Fax: arminak@geragos.com William B Federman Federman and Sherwood North Pennsylvania Avenue Oklahoma City, OK Fax: wbf@federmanlaw.com PRO HAC VICE
6 Intervenor Plaintiff William Corvriendt represented by Mark John Geragos Shelley Kaufman Tamar G Arminak V. Defendant China Integrated Energy, Inc. represented by Amanda J Sherman Loeb and Loeb LLP Santa Monica Boulevard 22nd Floor Century City, CA Fax: asherman@loeb.com Eugene R Licker Loeb and Loeb LLP 345 Park Avenue 18th Floor New York, NY Fax: elicker@loeb.com PRO HAC VICE John Piskora Loeb and Loeb LLP 345 Park Avenue New York, NY Fax: jpiskora@loeb.com PRO HAC VICE Laura M Vasey
7 Loeb and Loeb LLP 345 Park Avenue 18th Floor New York, NY TERMINATED: 04/09/2012 Walter Allan Edmiston Loeb and Loeb LLP Santa Monica Boulevard Suite 2200 Los Angeles, CA Fax: Defendant Gao Xincheng Defendant Albert C. Pu Defendant Li Gaihong Defendant Larry Goldman represented by Jeffrey Stephen Kravitz Fox Rothschild LLP 1800 Century Park East Suite 300 Los Angeles, CA Fax: LEAD ATTORNEY Jaysen Samuel Chung Fox Rothschild LLP 1800 Century Park East Suite 300 Los Angeles, CA Fax:
8 Defendant Christopher Wenbing Wang Defendant Junrong Guo Defendant Sherb and Co represented by Jon P Kardassakis Lewis Brisbois Bisgaard & Smith LLP 221 North Figueroa Street Suite 1200 Los Angeles, CA Fax: kardassakis@lbbslaw.com William John Rea, Jr Lewis Brisbois Bisgaard & Smith 221 N Figueroa St, Ste 1200 Los Angeles, CA Fax: rea@lbbslaw.com Interested Party Lukas Pick represented by George C Aguilar Robbins Umeda LLP 600 B Street Suite 1900 San Diego, CA Fax: notice@robbinsumeda.com LEAD ATTORNEY Christopher L Walters Robbins Umeda LLP 600 B Street Suite 1900 San Diego, CA Fax: cwalters@robbinsumeda.com
9 Interested Party Judith Bjornson represented by Eric L Zagar Kessler Topaz Meltzer and Check LLP 280 King of Prussia Road Radnor, PA Fax: ezagar@ktmc.com Date Filed 03/25/2011 # Docket Text 1 COMPLAINT against Defendants China Integrated Energy, Inc., Li Gaihong, Albert C. Pu, Gao Xincheng.Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Paul L Abrams.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff Larry Brown.(car) (mg). (Entered: 04/04/2011) 03/25/ /25/ DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants China Integrated Energy, Inc., Li Gaihong, Albert C. Pu, Gao Xincheng. (car) (Entered: 04/04/2011) 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Larry Brown (car) (mg). (Entered: 04/04/2011) 05/06/ FIRST AMENDED COMPLAINT against defendants China Integrated Energy, Inc., I Li Gaihong, Albert C. Pu, Gao Xincheng amending Complaint - (Discovery) 1 filed by plaintiff Larry Brown (rrey) (Entered: 05/11/2011) 05/24/ NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System filed by Plaintiff Larry Brown. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order Appointing Puerto Rico Teachers Retirement System)(Berg, Ian) (Entered: 05/24/2011) 05/24/ DECLARATION of Ian D. Berg In Support Of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4 filed by Plaintiff Larry Brown. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Berg, Ian) (Entered: 05/24/2011) 05/24/ NOTICE OF MOTION AND MOTION for Appointment of Counsel of the Rosen Law Firm, P.A., and Appointment of Lead Plaintiff ( Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow.), MOTION to Consolidate Cases filed by Movant Larry Brown. (Attachments: # 1 Proposed Order Proposed Order)(Rosen, Laurence) (Entered: 05/24/2011) 05/24/ MEMORANDUM in Support of MOTION for Appointment of Counsel of the Rosen Law Firm, P.A., and Appointment of Lead Plaintiff MOTION to Consolidate Cases 6 filed by Plaintiff Larry Brown. (Rosen, Laurence) (Entered: 05/24/2011) 05/24/ DECLARATION of Laurence Rosen in support of MOTION for Appointment of
10 Counsel of the Rosen Law Firm, P.A., and Appointment of Lead Plaintiff MOTION to Consolidate Cases 6 filed by Plaintiff Larry Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 05/24/2011) 05/24/ NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff filed by plaintiff Larry Brown. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Bright, Thomas) (Entered: 05/24/2011) 05/24/ MEMORANDUM in Support of MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9 filed by Plaintiff Larry Brown. (Bright, Thomas) (Entered: 05/24/2011) 05/24/ NOTICE OF MOTION AND MOTION for Appointment of Counsel, Appointment of Lead Plaintiff and Consolidation filed by Movant City of Lansing Larry Brown. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Westerman, Jeff) (Entered: 05/24/2011) 05/24/ DECLARATION of Thomas C. Bright in support of MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9 filed by Plaintiff Larry Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bright, Thomas) (Entered: 05/24/2011) 05/24/ Certificate of Interested Parties filed by City of Lansing Larry Brown, identifying City of Lansing Employees Retirement System and the City of Lansing Police and Fire Retirement System. (Westerman, Jeff) (Entered: 05/24/2011) 05/24/ /24/ /24/ /24/ NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff and Consolidation filed by Movant Bristol Investment Fund, Ltd. and William Cortvriendt Larry Brown. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration of Mark J. Geragos, # 2 Exhibit "1" to Declaration, # 3 Proposed Order)(Geragos, Mark) (Entered: 05/24/2011) 15 [STRICKEN] NOTICE OF MOTION AND MOTION for Appointment of Counsel and Movant Kim Van Langen as Lead Plaintiff ( Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow.), MOTION to Consolidate Cases, as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093, filed by plaintiff Larry Brown. (Attachments: # 1 Proposed Order)(Fong, Linda) Modified on 5/25/2011 (ah). (Entered: 05/24/2011) 16 [STRICKEN] MEMORANDUM in Support of MOTION for Appointment of Counsel and Movant Kim Van Langen as Lead Plaintiff MOTION to Consolidate Cases, as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093, 15 filed by Plaintiff Larry Brown. (Fong, Linda) Modified on 5/25/2011 (ah). (Entered: 05/24/2011) 17 [STRICKEN] DECLARATION of Linda M. Fong in support of MOTION for Appointment of Counsel and Movant Kim Van Langen as Lead Plaintiff MOTION to Consolidate Cases, as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093, 15 filed by Plaintiff Larry Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fong, Linda) Modified on 5/25/2011 (ah). (Entered: 05/24/2011)
11 05/24/ NOTICE OF MOTION AND MOTION for Consolidation of Cases as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093, for appointment as lead plaintiff, for Appointment of Lead Counsel. Motion hearing set for 8/29/11 at 10:00 am before Judge Margaret M. Morrow. filed by lead plaintiff movant Kim Van Langen. Lodged proposed order. (rrey) Modified on 5/25/2011 (rrey). (Entered: 05/25/2011) 05/24/ MEMORANDUM OF LAW in Support of MOTION to Consolidate, MOTION for appointment as lead plaintiff, MOTION for Appointment of Lead Counsel 18 filed by Movant Kim Van Langen. (rrey) (Entered: 05/25/2011) 05/24/ DECLARATION of Linda M. Fong in support of MOTION to Consolidate, MOTION for appointment as lead plaintiff, MOTION for Appointment of Lead Counsel 18 filed by Movant Kim Van Langen. (rrey) (Entered: 05/25/2011) 05/24/ NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, for Appointment as Lead Plaintiff, for Appointment of Lead Counsel and Approval of Co-Lead Counsel. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. Filed by movant Waterford Township Police and Fire Retirement System. Lodged proposed order. (rrey) Modified on 5/25/2011 (rrey). (Entered: 05/25/2011) 05/24/ MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Consolidate Cases, as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, MOTION for Appointment as Lead Plaintiff MOTION for Appointment of Lead Counsel and Approval of Co-Lead Counsel 22 filed by Movant Waterford Township Police and Fire Retirement System. (rrey) (Entered: 05/25/2011) 05/24/ DECLARATION of Michael Goldberg in support of MOTION to Consolidate Cases as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, MOTION for Appointment as Lead Plaintiff MOTION for Appointment of Lead Counsel and Approval of Co-Lead Counsel 22 filed by Movant Waterford Township Police and Fire Retirement System. (rrey) (Entered: 05/25/2011) 05/25/ ORDER STRIKING MOTION FOR APPOINTMENT AND RELATED DOCUMENTS by Judge Margaret M. Morrow: the following document(s) be STRICKEN for for the following reasons: SEE ORDER. (ah) (Entered: 05/25/2011) 05/26/ NOTICE OF MOTION AND MOTION to Consolidate Cases, as to CV MMM, CV GW-PJW, CV JAK-SH, filed by Plaintiff Puerto Rico Teachers Retirement System. Motion set for hearing on 8/29/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Berg, Ian) (Entered: 05/26/2011) 06/29/ Order Advancing Briefing Schedule by Judge Margaret M. Morrow: All motions are currently on calendar for hearing on August 29, 2011 at 10:00 a.m. The court hereby advances the briefing schedule on all of these motions as follows: any opposition briefs must be filed on or before July 18, Any replies must be filed on or before August 1, (rrey) (Entered: 06/29/2011) 07/18/ NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9, MOTION to Consolidate Cases, as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, MOTION
12 for Appointment as Lead Plaintiff MOTION for Appointment of Lead Counsel and Approval of Co-Lead Counsel 22, MOTION for Appointment of Counsel, Appointment of Lead Plaintiff and Consolidation 11, MOTION to Consolidate Cases, as to CV MMM, CV GW-PJW, CV JAK-SH, 25, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff and Consolidation 14, MOTION for Appointment of Counsel of the Rosen Law Firm, P.A., and Appointment oflead Plaintiff MOTION to Consolidate Cases 6 filed by Movant Kim Van Langen. (Fong, Linda) (Entered: 07/18/2011) 07/18/ MEMORANDUM in Opposition to MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9, MOTION to Consolidate Cases as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093 MOTION for appointment as lead plaintiff MOTION for Appointment of Lead Counsel 18, MOTION to Consolidate Cases, as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, MOTION for Appointment as Lead Plaintiff MOTION for Appointment of Lead Counsel and Approval of Co-Lead Counsel 22, MOTION for Appointment of Counsel, Appointment of Lead Plaintiff and Consolidation 11, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff and Consolidation 14 filed by Intervenor Plaintiffs Bert Berkhout, Willem Berkhout. (Rosen, Laurence) (Entered: 07/18/2011) 07/18/ OPPOSITION to MOTION for Appointment of Counsel and Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9, MOTION to Consolidate Cases as to 11-cv-2559; 11-cv-2717; 11-cv-3675; 11-cv-4093 MOTION for appointment as lead plaintiff MOTION for Appointment of Lead Counsel 18, MOTION to Consolidate Cases, as to 2:11-cv-02717; 2:11-cv-03675; 2:11-cv-04093, MOTION for Appointment as Lead Plaintiff MOTION for Appointment of Lead Counsel and Approval of Co-Lead Counsel 22, MOTION for Appointment of Counsel, Appointment of Lead Plaintiff and Consolidation 11, MOTION for Appointment of Counsel and Appointment of Lead Plaintiff and Consolidation 14, MOTION for Appointment of Counsel of the Rosen Law Firm, P.A., and Appointment of Lead Plaintiff MOTION to Consolidate Cases 6 And in Support to Motion For Appointment of Puerto Rico Teachers Retirement System 4, filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 07/18/2011) 07/18/ NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel and I Appointment of the Shackleton Family Revocable Trust as Lead Plaintiff 9 filed by Intervenor Plaintiff The Shackleton Family Revocable Trust. (Bright, Thomas) (Entered: 07/18/2011) 07/18/ DECLARATION of Ian D. Berg In Support of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4 and Response in Opposition to Competing Movants 29 filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Attachments: # 1 Exhibit)(Berg, Ian) (Entered: 07/18/2011) 07/18/ NOTICE OF NON_OPPOSITION filed by Movant Bristol Investment Fund, Ltd, William Corvriendt. to Motion to appoint Lead Counsel (Kaufman, Shelley) (Entered: 07/18/2011)
13 07/18/ NOTICE filed by Plaintiff/Movant City of Lansing. NOTICE OF WITHDRAWAL OF THE MOTION OF CITY OF LANSING FOR CONSOLIDATION APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL SELECTION (Westerman, Jeff) (Entered: 07/18/2011) 08/01/ REPLY in further support of MOTION for Appointment of Counsel of the Rosen Law I Firm, P.A., and Appointment of Lead Plaintiff MOTION to Consolidate Cases 6 filed by Intervenor Plaintiffs Bert Berkhout, Willem Berkhout. (Rosen, Laurence) (Entered: 08/01/2011) 08/01/ REPLY of Movant Kim Van Langen to Competing Motions for Appointment as Lead Plaintiff filed by Movant Kim Van Langen. (Fong, Linda) (Entered: 08/01/2011) 08/01/ REPLY In Support Of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4 And In Opposition To Competing Motions, filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 08/01/2011) 08/01/ DECLARATION of Ian D. Berg MOTION for Appointment of Counsel and Appointment of Lead Plaintiff on behalf of Movant Puerto Rico Teachers Retirement System 4 Reply 36 filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Berg, Ian) (Entered: 08/01/2011) 08/01/ NOTICE of Change of Attorney Information for attorney Laurence M Rosen counsel for Plaintiff Larry Brown. Changing Address to 355 South Grand Avenue, Suite 2450, Los Angeles, California Filed by Plaintiff Larry Brown (Rosen, Laurence) (Entered: 08/01/2011) 08/18/ NOTICE OF DISCREPANCY AND ORDER: Document entitled Letter the document is NOT to be filed, but instead REJECTED, and is ORDERED returned to counsel by Judge Margaret M. Morrow, (bp) (Entered: 08/19/2011) 08/24/ Notice of Withdrawal of Motion for Appointment of Counsel, Motion to Consolidate Cases,, 6 filed by Movant Bert Berkhout, Willem Berkhout. (Rosen, Laurence) (Entered: 08/24/2011) 08/25/ NOTICE OF INTERVENOR PLAINTIFF BRISTOL GROUP REGARDING HEARING FOR CONSOLIDATION,APPOINTMENT OF LEAD PLAINTIFF, AND APPOINTMENT OF LEAD COUNSEL filed by Intervenor Plaintiff Bristol Investment Fund, Ltd. (Kaufman, Shelley) (Entered: 08/25/2011) 08/26/ IN CHAMBERS ORDER TAKING HEARING OFF CALENDAR by Judge Margaret M. Morrow: Plaintiffs motions for appointment of counsel and appointment of lead plaintiff, as well as for consolidation of each action with the other related actions, are currently on calendar for August 29, 2011 at 10:00 a.m. In light of recent filings, and pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 29, 2011, is hereby vacated, and the matter is taken offcalendar. (ah) (Entered: 08/26/2011) 08/29/ ORDER GRANTING MOTION OF PUERTO RICO TEACHERS RETIREMENT SYSTEM FOR CONSOLIDATION OF RELATED CASES AND FOR
14 APPOINTMENT AS LEAD PALINTIFF AND LEAD COUNSEL 4 25 by Judge Margaret M. Morrow: The court consolidates Larry Brown v. China Integrated Energy, Inc. et al., No. CV MMM (PLA); Jacob Levy v. China Integrated Energy, Inc., et al., No. CV MMM (PLA); Novel X. Negroni et al v. China Integrated Energy, Inc., No. CV MMM (PLA); Aaron Grunfield v. China Integrated Energy et al., No. CV MMM (PLA); and Bristol Investment Fund Ltd. and William Cortvriendt v. China Integrated Energy, Inc., et al., No. CV MMM (PLA). Additionally, the court grants Puerto Rico TRSs motion for appointment as lead plaintiff and approves its selection of lead counsel. The court denies all other motions for appointment as lead plaintiff and for selection of lead counsel in the now-consolidated cases (ah) (Entered: 09/02/2011) 08/29/ MINUTE ORDER IN CHAMBERS by Judge Margaret M. Morrow: CONSOLIDATION OF CASE UNDER CASE NUMBER CV AND TERMINATION OF CASE NUMBER , , AND The court orders the consolidation of Case Nos , , , and with Case No for all purposes and for trial. For ease of record keeping, the court orders that all further documents and proceedings occur under Case No. CV , and that Case Nos , , and be closed. Counsel are directed to file all further documents under Case No. CV MMM(PLAx) only. (bp) (Entered: 09/06/2011) 09/14/ PROOF OF SERVICE Executed by Plaintiff William Corvriendt, Bristol Investment I Fund, Ltd, upon Defendant China Integrated Energy, Inc. served on 9/9/2011, answer due 9/30/2011. Service of the Summons and Complaint were executed upon Frances Burris, Process Agent, National Registered Agents, Inc. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Federman, William) (Entered: 09/14/2011) 09/14/ PROOF OF SERVICE Executed by Plaintiff William Corvriendt, Bristol Investment Fund, Ltd, upon Defendant Sherb and Co served on 9/9/2011, answer due 9/30/2011. Service of the Summons and Complaint were executed upon Susana Gaston, Authorized Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Federman, William) (Entered: 09/14/2011) 09/21/ PROOF OF SERVICE Executed by Plaintiff William Corvriendt, Bristol Investment I Fund, Ltd, upon Defendant Larry Goldman served on 9/19/2011, answer due 10/10/2011. Service of the Summons and Complaint were executed upon Larry Goldman, Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Federman, William) (Entered: 09/21/2011) 09/30/ NOTICE of Appearance filed by attorney Walter Allan Edmiston on behalf of Defendant China Integrated Energy, Inc. (Edmiston, Walter) (Entered: 09/30/2011) 09/30/ Joint STIPULATION for Extension of Time to File Consolidated Amended Complaint, Time To Respond, And Briefing Schedule filed by defendant China Integrated Energy, Inc.. (Attachments: # 1 Proposed Order)(Edmiston, Walter) (Entered: 09/30/2011) 11/09/ APPLICATION for attorney Laura M. Vasey to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by defendant China Integrated Energy, Inc.. (Attachments: # 1 Proposed Order)(Edmiston, Walter) (Entered: 11/09/2011)
15 11/09/ APPLICATION for attorney Eugene R. Licker to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by defendant China Integrated Energy, Inc.. (Attachments: # 1 Proposed Order)(Edmiston, Walter) (Entered: 11/09/2011) 11/10/ ORDER by Judge Margaret M. Morrow: granting 50 Application to Appear Pro Hac Vice by Attorney Laura M. Vasey on behalf of Defendant China Integrated Energy, Inc., designating W. Allan Edmiston as local counsel. (lt) (Entered: 11/14/2011) 11/10/ ORDER by Judge Margaret M. Morrow: granting 51 Application to Appear Pro Hac Vice by Attorney Eugene R. Licker on behalf of Defendant China Integrated Energy, Inc., designating W. Allan Edmiston as local counsel. (lt) (Entered: 11/14/2011) 11/29/ Joint STIPULATION for Extension of Time to File Consolidated Complaint filed by Plaintiff Puerto Rico Teachers Retirement System. (Attachments: # 1 Proposed Order)(Berg, Ian) (Entered: 11/29/2011) 12/02/ REQUEST to Substitute attorney Jon P. Kardassakis in place of attorney David Eisen filed by Defendant Sherb and Co. (Attachments: # 1 Proposed Order)(Kardassakis, Jon) (Entered: 12/02/2011) 12/05/ ORDER by Judge Margaret M. Morrow: granting 55 Request to Substitute Attorney Jon P. Kardassakis. (rrey) (Entered: 12/05/2011) 12/20/ /22/ CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS related to: Amended Complaint 3,filed by lead Plaintff Puerto Rico Teachers Retirement System System (bp) (Entered: 12/22/2011) 57 ORDER by Judge Margaret M. Morrow, re Stipulation for Extension of Time to File ConsolidatedComplaint and Time to Respond 54 (rrey) (Entered: 12/22/2011) 12/22/ NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Consolidated Class Action Complaint submitted by Plaintiffs Larry Brown, Aaron Grunfeld, Jacob Levy, Noel X Negroni received on 12/20/11 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (rrey) (Entered: 12/22/2011) 01/12/ /12/ /12/ NOTICE OF MOTION AND MOTION to Dismiss Consolidated Class Action Complaint filed by defendant Sherb and Co. Motion set for hearing on 3/26/2012 at 10:00 AM before Judge Margaret M. Morrow. (Rea, William) (Entered: 01/12/2012) 63 MEMORANDUM in Support of MOTION to Dismiss Consolidated Class Action Complaint 62 filed by Defendant Sherb and Co. (Rea, William) (Entered: 01/12/2012) 64 NOTICE of Association of Counsel associating attorney William John Rea, Jr. on behalf of Defendant Sherb and Co. Filed by Defendant Sherb and Co (Rea, William) (Entered: 01/12/2012) 01/12/ Certification and Notice of Interested Parties filed by defendant Sherb and Co, identifying Larry Brown, China Integrated Energy, Inc., Puerto Rico Teachers Retirement System, Bristol Investment Fund, Ltd., Xingchen Gao, Albert C. Pu, Gaihong Li, Larry Goldman, Wenbing Christopher Wang, Junrong Guo, Sherb & Co., LLP, Lexington Insurance Company. (Rea, William) (Entered: 01/12/2012) 01/13/ EX PARTE APPLICATION for Extend Time to File Answer to 1/26/2012 filed by
16 01/19/2012 DEFENDANT China Integrated Energy, Inc.. (Attachments: # 1 Proposed Order)(Sherman, Amanda) (Entered: 01/13/2012) 67 ORDER SETTING TIME TO FILE CONSOLIDATED COMPLAINT, TIME TO RESPOND, AND BRIEFING SCHEDUL by Judge Margaret M. Morrow. (bp) (Entered: 01/19/2012) 01/25/ NOTICE OF MOTION AND MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION filed by DEFENDANT China Integrated Energy, Inc.. Motion set for hearing on 4/2/2012 at 10:00 AM before Judge Margaret M. Morrow. (Sherman, Amanda) (Entered: 01/25/2012) 01/25/ MEMORANDUM in Support of MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Defendant China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 01/25/2012) 01/25/ [WITHDRAWN] DECLARATION IN SUPPORT OF MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Defendant China Integrated Energy, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sherman, Amanda) Modified on 2/1/2012 (ah). (Entered: 01/25/2012) 01/25/ DECLARATION of LAURA M. VASEY IN SUPPORT OF MOTION to Stay Case I pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Defendant China Integrated Energy, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Sherman, Amanda) (Entered: 01/25/2012) 01/25/ Notice of Withdrawal of Declaration (Motion related), Declaration (Motion related) 70 filed by DEFENDANT China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 01/25/2012) 02/21/ NOTICE OF INTERESTED PARTY AND INTENT TO FILE AN OPPOSITION filed by Interested party Lukas Pick. (bp) (Entered: 02/23/2012) 02/22/ NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANT China Integrated Energy, Inc.. Motion set for hearing on 6/11/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Sherman, Amanda) (Entered: 02/22/2012) 02/22/ /22/ MEMORANDUM in Support of MOTION to Dismiss Case 73 filed by Defendant - China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 02/22/2012) 75 DECLARATION of Laura M. Vasey in support of MOTION to Dismiss Case 73 filed by Defendant China Integrated Energy, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Edmiston, Walter) (Entered: 02/22/2012) 02/22/ Notice of Interested Parties filed by DEFENDANT China Integrated Energy, Inc., (Sherman, Amanda) (Entered: 02/22/2012) 02/22/ NOTICE of Interested Parties filed by DEFENDANT China Integrated Energy, Inc.,
17 (Sherman, Amanda) (Entered: 02/22/2012) 03/05/ /07/ /12/ OPPOSITION to MOTION to Dismiss Consolidated Class Action Complaint 62 of Defendant Sherb & Co. filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 03/05/2012) NOTICE by Judge Margaret M. Morrow re MOTION to Dismiss Consolidated Class Action Complaint 62. Motion reset for hearing on 4/2/2012 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rrey) TEXT ONLY ENTRY (Entered: 03/07/2012) 80 MEMORANDUM in Opposition to MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Interested Party Lukas Pick. (Walters, Christopher) (Entered: 03/12/2012) 03/12/ DECLARATION of Christopher L. Walters re MEMORANDUM in Opposition to I Motion 80 filed by Interested Party Lukas Pick. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walters, Christopher) (Entered: 03/12/2012) 03/13/ REQUEST for Clerk to Enter Default against Defendant Larry Goldman filed by Lead Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 03/13/2012) 03/13/ NON-PARTY JUDITH BJORNSON'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Interested Party Judith Bjornson. (bp) (Entered: 03/15/2012) 03/13/ DECLARATION of ERIC L. ZAGAR IN SUPPORT OF ONON-PARTY JUDITH BJORNSON'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Interested Party Judith Bjornson. (bp) (Entered: 03/15/2012) 03/13/ DECLARATION of JOSE MARROQUIN RE: MOTION to Stay Case pending I RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Interested Party Judith Bjornson. (bp) (Entered: 03/15/2012) 03/13/ NOTICE of Appearance filed by attorney Eric L Zagar on behalf of Interested Party Judith Bjornson (lt) (Entered: 03/15/2012) 03/14/ DEFAULT BY CLERK ENTERED as to *Defendant Larry Goldman* (bp) (Entered: 03/14/2012) 03/16/ NOTICE of Appearance filed by attorney Jeffrey Stephen Kravitz on behalf of Defendant Larry Goldman (Kravitz, Jeffrey) (Entered: 03/16/2012) 03/16/ Certification and Notice of Interested Parties filed by Defendant Larry Goldman, (Kravitz, Jeffrey) (Entered: 03/16/2012) 03/19/ REPLY in support of MOTION to Dismiss Consolidated Class Action Complaint 62 filed by Defendant Sherb and Co. (Rea, William) (Entered: 03/19/2012) 03/19/ REPLY in support of motion MOTION to Stay Case pending RULINGS ON MOTIONS TO DISMISS FEDERAL ACTION 68 filed by Defendant China Integrated Energy, Inc.. (Edmiston, Walter) (Entered: 03/19/2012)
18 03/19/2012 Notice of Electronic Filing re Reply (Motion related) 91, Notice of Appearance 88, Reply (Motion related) 90 ed to bounced due to unknown address error. The primary address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 03/21/2012) 03/26/ NOTICE OF WITHDRAWAL OF LAURA M. VASEY AS COUNSEL OF RECORD FOR DEFENDANT CHINA INTEGRATED ENERGY, INC. filed by DEFENDANT China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 03/26/2012) 03/26/ NOTICE OF MOTION AND MOTION to Strike Default Clerks Entry of Default (CV-37) 83 filed by Defendant Larry Goldman. Motion set for hearing on 6/4/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order Granting Motion to Strike)(Kravitz, Jeffrey) (Entered: 03/26/2012) 03/27/ /30/ /02/ /02/ NOTICE of Appearance filed by attorney Takeo A Kellar on behalf of Intervenor Plaintiff Puerto Rico Teachers Retirement System (Kellar, Takeo) (Entered: 03/27/2012) 95 NOTICE of Appearance filed by attorney George C Aguilar on behalf of Interested Party Lukas Pick (Aguilar, George) (Entered: 03/30/2012) 96 MINUTES OF Defendant Sherb and Co's Motion to Dismiss Consolidated Class Action for Failure to State a Claim Upon Which Relief can be Granted 62 ; Defendant China Intergrated Energy's Motion to Stay held before Judge Margaret M. Morrow: The court denies the motion to dismiss and the motion to stay.court Reporter: Mark - Schweitzer. (bp) (Entered: 04/02/2012) 97 ORDER DENYING MOTION TO DISMISS AND MOTION TO STAY by Judge Margaret M. Morrow. The court denies defendant Sherb's motion to dismiss and defendant China Integrated's motion to dismiss. (bp) (Entered: 04/02/2012) 04/06/ MEMORANDUM in Opposition to MOTION to Dismiss Case 73 filed by Intervenor I Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 04/06/2012) 04/06/ APPLICATION for attorney Defendant to Appear Pro Hac Vice(PHV Fee of $325 receipt number paid.) filed by Defendant China Integrated Energy, Inc.. (Attachments: # 1 Proposed Order)(Sherman, Amanda) (Entered: 04/06/2012) 04/11/ ORDER by Judge Margaret M. Morrow: granting 99 Application to Appear Pro Hac Vice by Attorney John Piskora on behalf of Defendant, designating W. Allan Edmiston as local counsel. (lt) (Entered: 04/11/2012) 05/02/ ANSWER to Consolidated Complaint 59 with JURY DEMAND filed by defendant Sherb and Co.(Rea, William) (Entered: 05/02/2012) 05/09/ REPLY MOTION to Dismiss Consolidated Class Action Complaint 62 filed by Defendant China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 05/09/2012) 05/09/ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY IN FURTHER
19 SUPPORT OF DEFENDANT'S MOTION TO DISMISS 102 filed by DEFENDANT China Integrated Energy, Inc.. (Attachments: # 1 Exhibit A)(Sherman, Amanda) (Entered: 05/09/2012) 05/14/ MEMORANDUM in Opposition to MOTION to Strike Default Clerks Entry of Default (CV-37) 83 MOTION to Strike Default Clerks Entry of Default (CV-37) filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 05/14/2012) 05/25/ REPLY In Support of MOTION to Strike Default Clerks Entry of Default (CV-37) 83 MOTION to Strike Default Clerks Entry of Default (CV-37) filed by Defendant Larry Goldman. (Chung, Jaysen) (Entered: 05/25/2012) 06/01/ [STRICKEN] NOTICE OF MOTION AND MOTION TO EFFECT SERVICE ON THE FOREIGN INDIVIDUAL DEFENDANTS filed by Plaintiff Puerto Rico Teachers Retirement System. (Attachments: # 1 Declaration of Ian D. Berg, # 2 Declaration of Wei Chen, # 3 Proposed Order)(Berg, Ian) Modified on 6/3/2012 (ah). (Entered: 06/01/2012) 06/01/ [STRICKEN] NOTICE OF MOTION AND MOTION FOR A NUNC PRO TUNC ORDER EXTENDING TIME TO SERVE DEFENDANTS filed by Plaintiff Puerto Rico Teachers Retirement System. (Attachments: # 1 Proposed Order)(Berg, Ian) Modified on 6/3/2012 (ah). (Entered: 06/01/2012) 06/01/2012 SCHEDULING NOTICE CONTINUING MOTION TO STRIKE 93 by Judge Margaret M. Morrow re: MOTION to Strike Default Clerks Entry of Default (CV-37) previously scheduled for 6/4/ :00 AM has been rescheduled. Motion set for hearing on 6/11/2012 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY (Entered: 06/01/2012) 06/04/ ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Margaret M. Morrow: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice (Other) 107, Notice (Other), Notice (Other) 106, for the following reasons: Incorrect event selected. (rrey) (Entered: 06/04/2012) 06/04/ NOTICE OF MOTION AND MOTION for Order for To Effect Service On The Foreign Individual Defendants By Serving The Company's Counsel Or Its Registered Agent filed by Lead Plaintiff Puerto Rico Teachers Retirement System. Motion set for hearing on 7/23/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Declaration of Ian D. Berg, # 2 Declaration of Wei Chen, # 3 Proposed Order)(Berg, Ian) (Entered: 06/04/2012) 06/04/ NOTICE OF MOTION AND MOTION for Order for Extending Time To Serve Defendants Albert C. Pu and Wenbing Christopher Wang With The Summons And Complaint filed by Lead Plaintiff Puerto Rico Teachers Retirement System. Motion set for hearing on 7/23/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Berg, Ian) (Entered: 06/04/2012) 06/11/ MINUTES OF Defendant China IntergraedEnergys Motion to Dismiss Case 73 ;Defendants Motion to Strike Entry of Default by Clerk 93 held before Judge Margaret M. Morrow: The courtes motions under submission.court Reporter: Mark Schweitzer.
20 (ah) (Entered: 06/11/2012) 06/18/ STATEMENT of Meritorious Defenses MOTION to Strike Default Clerks Entry of Default (CV-37) 83 MOTION to Strike Default Clerks Entry of Default (CV-37) filed by Defendant Larry Goldman. (Kravitz, Jeffrey) (Entered: 06/18/2012) 06/22/ STATEMENT of Plaintiffs In Response To Defendant Larry Goldman's Statement Of Meritorious Defenses In Support of MOTION to Strike Default Clerks Entry of Default (CV-37) 83 MOTION to Strike Default Clerks Entry of Default (CV-37) filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 06/22/2012) 07/02/ OPPOSITION to MOTION for Order for To Effect Service On The Foreign Individual Defendants By Serving The Company's Counsel Or Its Registered Agent 109 filed by I Defendant China Integrated Energy, Inc.. (Sherman, Amanda) (Entered: 07/02/2012) 07/09/ REPLY IN SUPPORT OF MOTION for Order for To Effect Service On The Foreign Individual Defendants By Serving The Company's Counsel Or Its Registered Agent 109 filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 07/09/2012) 07/09/ REPLY IN SUPPORT OF MOTION for Order for Extending Time To Serve Defendants Albert C. Pu and Wenbing Christopher Wang With The Summons And Complaint 110 filed by Intervenor Plaintiff Puerto Rico Teachers Retirement System. (Berg, Ian) (Entered: 07/09/2012) 07/12/ ORDER DENYING MOTION TO DISMISS 73 by Judge Margaret M. Morrow: Defendants motion to dismiss plaintiffs claims allegingviolation of 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 and 11 of thesecurities Act of 1933 is denied. See order for details. (ah) (Entered: 07/12/2012) 07/12/ ORDER GRANTING MOTION TO SET ASIDE DEFAULT 93 by Judge Margaret M. Morrow: Goldmans motion to set aside default is granted. Plaintiffs aredirected to serve Goldman with the consolidated complaint within ten days of the date of thisorder. Goldman is directed to file a response to the consolidated complaint within ten days ofservice. (ah) (Entered: 07/12/2012) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at
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