U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:14-cv GBD

Transcription

1 US District Court Civil Docket as of January 26, 2016 Retrieved from the court on January 27, 2016 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:14-cv GBD Yang v. Han et al Date Filed: 07/15/2014 Assigned to: Judge George B. Daniels Jury Demand: Plaintiff Related Case: 1:14-cv GBD Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff Sungwan Yang Individually and on Behalf of All Others Similarly Situated represented by Kevin Koon-Pon Chan The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY (212) Fax: (212) Laurence M. Rosen THE ROSEN LAW FIRM PA 275 MADISON AVENUE 34TH FLOOR NEW YORK, NY PRO HAC VICE Phillip C. Kim The Rosen Law Firm P.A th Avenue, Suite 5508 New York, NY (212) Fax: (212) V. Movant

2 The FW Group represented by Phillip C. Kim (See above for address) Jonathan Richard Horne The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY (212) Fax: (212) Laurence Matthew Rosen The Rosen Law Firm, P.A. (NYC) 275 Madison Avenue, 34th Floor New York,, NY (212) Fax: (212) V. Jie Han Taylor Zhang China XD Plastics Company Limited represented by Brian Gerard Burke Shearman & Sterling LLP (NY) 599 Lexington Avenue New York, NY Fax: (646) Jerome Steven Fortinsky Shearman & Sterling LLP (NY) 599 Lexington Avenue New York, NY Fax:

3 Marion Ramsey Harris Shearman & Sterling LLP (NY) 599 Lexington Avenue New York, NY (212) Fax: (212) lawrence w leighton Linyuan Zhai Feng Li ADR Provider Feng Li Date Filed # Docket Text 07/15/ CIVIL COVER SHEET filed. (cla) (Entered: 07/21/2014) 07/15/ COMPLAINT against China XD Plastics Company Limited, Jie Han, Taylor Zhang. (Filing Fee $ , Receipt Number )Document filed by Sungwan Yang.(cla) (Entered: 07/21/2014) 07/15/2014 SUMMONS ISSUED as to China XD Plastics Company Limited, Jie Han, Taylor Zhang. (cla) (Entered: 07/21/2014) 07/15/2014 Magistrate Judge Henry B. Pitman is so designated. (cla) (Entered: 07/21/2014) 07/15/2014 Case Designated ECF. (cla) (Entered: 07/21/2014) 07/15/ STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M 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) (cla) (Entered: 07/21/2014) 07/21/ SUMMONS RETURNED EXECUTED. China XD Plastics Company Limited served on I 7/17/2014, answer due 8/7/2014. Service was accepted by Jia Zhong, Accounting

4 Manager. Document filed by Sungwan Yang. (Kim, Phillip) (Entered: 07/21/2014) 07/24/ INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/18/2014 at 09:30 AM in Courtroom 11A at the United States District Courthouse, 500 Pearl Street, New York, NY before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/24/2014) (mro) (Entered: 07/24/2014) 08/08/ STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: No later than fourteen days after the Court appoints the Lead Plaintiff, Lead Plaintiff and counsel for the defendants shall submit a proposed schedule for the filing of an amended complaint and any motions in response thereto; The 's time to answer, move or otherwise respond to the Complaint shall be suspended until the Court has appointed the Lead Plaintiff and the parties have submitted a proposed schedule for the filing of an amended complaint and any motions in response thereto, in the manner described above. (Signed by Judge George B. Daniels on 8/8/2014) (cd) (Entered: 08/08/2014) 09/10/ LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Jerome S. Fortinsky dated 09/10/2014. Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 09/10/2014) 09/15/ MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel., MOTION to Appoint Lead Plaintiff., MOTION to Consolidate Cases. Document filed by The FW Group. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 09/15/2014) 09/15/ MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by The FW Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) (Entered: 09/15/2014) 09/16/ ORDER granting 7 Letter Motion to Adjourn Conference: The conference is adjourned to November 25, 2104 at 9:30 a.m. Initial Conference set for 11/25/2014 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 9/16/2014) (tn) (Entered: 09/16/2014) 10/07/ NOTICE of NON-OPPOSITON TO LEAD PLAINTIFF MOTION OF THE FW GROUP re: 8 MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by The FW Group. (Kim, Phillip) (Entered: 10/07/2014) 11/17/ LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Jerome S. Fortinsky dated 11/17/2014. Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 11/17/2014) 11/21/ ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL: granting 8 Motion to Appoint Counsel; granting 8 Motion to Appoint; granting 8 Motion to Consolidate Cases 1:14-cv-5308 (as Lead Case) with 1:14-cv IT IS HEREBY ORDERED THAT: CONSOLIDATION OF SECURITIES CLASS ACTIONS 1. The Securities Class Actions are consolidated for all purposes including, but not limited to, discovery, pretrial proceedings and trial proceedings pursuant to Fed. R. Civ. P. 42(a). MASTER DOCKET AND CAPTION 2. The docket in Case No. 1:14-cv (GBD) shall constitute the Master Docket for this action. 3. Every pleading filed in the consolidated action shall bear the following caption, and as further set forth herein. 4. The file in civil action no. 1:14-cv (GBD) shall constitute a master file for every action in the consolidated action. 6. This Order is entered

5 without prejudice to the rights of any party to apply for severance of any claim or action, with good cause shown. APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL 7. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. 78u- (a)(3)(b), the FW Group is appointed as Lead Plaintiff for the Class as it has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P The FW Group's selection of counsel is approved, and accordingly, The Rosen Law Firm, P.A. is appointed Lead Counsel, and as further set forth herein. (Signed by Judge George B. Daniels on 11/21/2014) (djc) Modified on 11/21/2014 (djc). (Entered: 11/21/2014) 11/21/ ORDER: granting 12 Letter Motion to Adjourn Conference. The conference is adjourned to February 11, 2015 at 9:30 a.m. Initial Conference set for 2/11/2015 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/21/2014) (djc) (Entered: 11/21/2014) 12/09/ STIPULATION AND SCHEDULING ORDER: 1. Lead Plaintiff shall file a consolidated amended complaint (the "Amended Complaint") not later than sixty (60) days after the Court's order appointing Lead Plaintiff, or by February 3, 2015; 2. The shall move, answer or otherwise respond to the Amended Complaint not later than forty-five (45) days after Lead Plaintiff files the Amended Complaint, or by March 20, If the moves to dismiss the Amended Complaint, Lead Plaintiff shall have fortyfive (45) days thereafter to serve and file its papers in opposition to the motion to dismiss, and the shall have thirty (30) days thereafter to serve and file its reply brief in further support of its motion to dismiss; ( Amended Pleadings due by 2/3/2015.) IT IS SO ORDERED. (Signed by Judge George B. Daniels on 12/9/2014) (djc) Modified on 12/9/2014 (djc). (Entered: 12/09/2014) 12/09/2014 Set/Reset Deadlines: Motions due by 3/20/2015. (djc) (Entered: 12/30/2014) 01/21/ LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Jerome S. Fortinsky dated January 21, Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 01/21/2015) 01/22/ ORDER granting 16 Letter Motion to Adjourn Conference. The conference is adjourned to September 8, 2015 at 9:30 a.m. (Initial Conference set for 9/8/2015 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/22/2015) (spo) (Entered: 01/22/2015) 02/04/ REVISED BRIEFING SCHEDULE: IT IS HEREBY ORDERED that: Lead Plaintiffs shall file their Consolidated Complaint on February 17, 2015; China XD shall respond to the Consolidated Complaint on or before April 3, 2015; If China XD files a motion to dismiss, Lead Plaintiffs shall file their Opposition to China XD's motion to dismiss on or before May 18, 2015; China XD shall file its reply in support of is motion to dismiss on or before June 17, IT IS SO ORDERED. Responses due by 5/18/2015 Replies due by 6/17/2015. (Signed by Judge George B. Daniels on 2/04/2015) (ama) (Entered: 02/04/2015) 02/17/ AMENDED COMPLAINT amending 2 Complaint against China XD Plastics Company Limited, Jie Han, Taylor Zhang, lawrence w leighton, Linyuan Zhai, Feng Li with JURY DEMAND.Document filed by The FW Group. Related document: 2 Complaint filed by Sungwan Yang.(Rosen, Laurence) (Entered: 02/17/2015) 04/03/ NOTICE OF APPEARANCE by Jerome Steven Fortinsky on behalf of China XD Plastics i Company Limited. (Fortinsky, Jerome) (Entered: 04/03/2015)

6 04/03/ NOTICE OF APPEARANCE by Brian Gerard Burke on behalf of China XD Plastics Company Limited. (Burke, Brian) (Entered: 04/03/2015) 04/03/ NOTICE OF APPEARANCE by Marion Ramsey Harris on behalf of China XD Plastics Company Limited. (Harris, Marion) (Entered: 04/03/2015) 04/03/ RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 04/03/2015) 04/03/ MOTION to Dismiss the Consolidated Class Action Complaint. Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 04/03/2015) 04/03/ MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by China XD Plastics Company Limited. (Fortinsky, Jerome) (Entered: 04/03/2015) 04/03/ DECLARATION of Jerome S. Fortinsky in Support re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by China XD Plastics Company Limited. (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)(Fortinsky, Jerome) (Entered: 04/03/2015) 05/12/ LETTER addressed to Judge George B. Daniels from Jonathan Horne dated 05/12/2015 re: In re China XD Plastics Company Limited Securities Litigation, 14-cv (GBD). Document filed by Sungwan Yang. (Attachments: # 1 Text of Proposed Order)(Horne, Jonathan) (Entered: 05/12/2015) 05/13/ REVISED BRIEFING SCHEDULE: IT IS HEREBY ORDERED that: 1. Lead Plaintiffs shall file their Opposition to China XD's motion to dismiss on or before May 22, 2015; 2. China XD shall file its reply in support of is motion to dismiss on or before June 23, IT IS SO ORDERED. Responses due by 5/22/2015 Replies due by 6/23/2015. (Signed by Judge George B. Daniels on 5/13/2015) (ama) (Entered: 05/13/2015) 05/22/ MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by The FW Group. (Horne, Jonathan) (Entered: 05/22/2015) 05/22/ DECLARATION of Jonathan Horne in Opposition re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by The FW Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Horne, Jonathan) (Entered: 05/22/2015) 06/23/ REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by China XD Plastics Company Limited. (Fortinsky, Jerome) (Entered: 06/23/2015) 06/23/ DECLARATION of Brian G. Burke in Support re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by China XD Plastics Company Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Brian) (Entered: 06/23/2015) 07/09/ ORDER: The conference scheduled for September 8, 2015 is canceled. Oral argument is scheduled for October 22, 2015 at 10:30 AM. SO ORDERED. ( Oral Argument set for 10/22/2015 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B.

7 Daniels on 7/09/2015) (ama) (Entered: 07/09/2015) 07/10/ NOTICE OF APPEARANCE by Jonathan Richard Horne on behalf of The FW Group. (Horne, Jonathan) (Entered: 07/10/2015) 09/22/ LETTER addressed to Judge George B. Daniels from Jonathan Horne dated September 22, 2015 re: Proposed sur-reply. Document filed by The FW Group. (Attachments: # 1 Proposed Sur-Reply, # 2 Proposed Declaration of Jonathan Horne, # 3 Proposed Declaration of Jing Chen, # 4 Exhibit 1, Proposed Declaration of Nan Wang, # 5 Exhibit A, # 6 Exhibit 2, # 7 Exhibit B, # 8 Exhibit 3, # 9 Exhibit C, # 10 Exhibit 4, # 11 Exhibit D, # 12 Exhibit 5)(Horne, Jonathan) (Entered: 09/22/2015) 09/28/ ORDER: Plaintiffs' request for leave to file the proposed sur-reply, (see ECF. No. 35), is GRANTED. SO ORDERED. (Signed by Judge George B. Daniels on 9/28/2015) (ama) (Entered: 09/28/2015) 09/29/ MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss the Consolidated Class Action Complaint. Sur-reply in opposition to motion to dismiss filed with leave of court. Document filed by The FW Group. (Horne, Jonathan) (Entered: 09/29/2015) 09/29/ DECLARATION of Jonathan Horne in Opposition re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by The FW Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 5)(Horne, Jonathan) (Entered: 09/29/2015) 09/29/ DECLARATION of Jing Chen in Opposition re: 24 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by The FW Group. (Attachments: # 1 Exhibit A, # 2 Exhibit 2, # 3 Exhibit B, # 4 Exhibit 3, # 5 Exhibit C, # 6 Exhibit 4)(Horne, Jonathan) (Entered: 09/29/2015) 10/20/ LETTER MOTION for Leave to File Response addressed to Judge George B. Daniels from Jerome S. Fortinsky dated October 20, Document filed by China XD Plastics Company Limited. (Attachments: # 1 Proposed Response to Plaintiffs' Sur-Reply in Further Support of 's Motion to Dismiss, # 2 Text of Proposed Order)(Fortinsky, Jerome) (Entered: 10/20/2015) 10/22/2015 Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 10/22/2015 re: 24 MOTION to Dismiss the Consolidated Class Action Complaint. filed by China XD Plastics Company Limited, 40 LETTER MOTION for Leave to File Response addressed to Judge George B. Daniels from Jerome S. Fortinsky dated October 20, filed by China XD Plastics Company Limited. Plaintiff Counsel: Laurence M. Rosen, Jonathan Richard Horne; Defense Counsel: Jerome Steven Fortinsky, Marion Ramsey Harris, Kimberly Blair Ferguson and Court Reporter present. (Vega, Elizabeth) (Entered: 10/23/2015) 12/17/ TRANSCRIPT of Proceedings re: CONFERENCE held on 10/22/2015 before Judge George B. Daniels. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 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 1/10/2016. Redacted Transcript Deadline set for 1/20/2016. Release of Transcript Restriction set for 3/19/2016.(McGuirk, Kelly) (Entered: 12/17/2015) 12/17/ NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/22/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7)

8 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: 12/17/2015) 01/11/ LETTER addressed to Judge George B. Daniels from Jerome S. Fortinsky, Esq. dated January 11, 2016 re: Confirmation of Submission to the Court, on or before January 26, 2016, Regarding the Pending Motion to Dismiss the Consolidated Class Action Complaint. Document filed by China XD Plastics Company Limited.(Fortinsky, Jerome) (Entered: 01/11/2016) 01/26/ LETTER addressed to Judge George B. Daniels from Jerome S. Fortinsky dated January 26, 2016 re: China XD Plastics Company Ltd.'s Submission in Further Support of its Motion to Dismiss. Document filed by China XD Plastics Company Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit C - Part 1, # 5 Exhibit C - Part 2, # 6 Exhibit D - Part 1, # 7 Exhibit D - Part 2, # 8 Exhibit E - Part 1, # 9 Exhibit E - Part 2, # 10 Exhibit F - Part 1, # 11 Exhibit F - Part 2, # 12 Exhibit G - Part 1, # 13 Exhibit G - Part 2, # 14 Exhibit H - Part 1, # 15 Exhibit H - Part 2, # 16 Exhibit I - Part 1, # 17 Exhibit I - Part 2, # 18 Exhibit J - Part 1, # 19 Exhibit J - Part 2, # 20 Exhibit K - Part 1, # 21 Exhibit K - Part 2, # 22 Exhibit L - Part 1, # 23 Exhibit L - Part 2, # 24 Exhibit M - Part 1, # 25 Exhibit M - Part 2, # 26 Exhibit N, # 27 Exhibit O, # 28 Exhibit P - Part 1, # 29 Exhibit P - Part 2, # 30 Exhibit Q - Part 1, # 31 Exhibit Q - Part 2, # 32 Exhibit R - Part 1, # 33 Exhibit R - Part 2, # 34 Exhibit S - Part 1, # 35 Exhibit S - Part 2, # 36 Exhibit T - Part 1, # 37 Exhibit T - Part 2, # 38 Exhibit U - Part 1, # 39 Exhibit U - Part 2, # 40 Exhibit V - Part 1, # 41 Exhibit V - Part 2, # 42 Exhibit W - Part 1, # 43 Exhibit W - Part 2, # 44 Exhibit X - Part 1, # 45 Exhibit X - Part 2, # 46 Exhibit Y - Part 1, # 47 Exhibit Y - Part 2, # 48 Exhibit Z - Part 1, # 49 Exhibit Z - Part 2, # 50 Exhibit AA, # 51 Exhibit BB)(Fortinsky, Jerome) (Entered: 01/26/2016) 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