U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:17-cv RDP

Transcription

1 US District Court Civil Docket as of April 18, 2018 Retrieved from the court on April 18, 2018 U.S. District Court Northern District of Alabama (Southern) CIVIL DOCKET FOR CASE #: 2:17-cv RDP Birmingham Retirement & Relief System, City of v. ZTO Express (Cayman) Inc et al Assigned to: Judge R David Proctor Case in other court: Jefferson County Circuit Court, Cause: 28:1441 Petition for Removal Date Filed: 06/28/2017 Date Terminated: 04/18/2018 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Birmingham Retirement & Relief System, City of induvudually and on behalf of all others similarly situated represented by Geoffrey M Johnson SCOTT AND SCOTT ATTORNEYS AT LAW LLP Cedar Road Suite 12 Cleveland Heights, OH gjohnson@scott-scott.com Gregory L Davis DAVIS & TALIAFERRO LLC 7031 Halcyon Park Drive Montgomery, AL Fax: gldavis@knology.net Rhiana Lauren Swartz SCOTT+SCOTT, ATTORNEYS AT LAW, LLP 230 Park Avenue 17th Floor New York, NY Fax: rswartz@scott-scott.com

2 Thomas Livezey Laughlin, IV SCOTT+SCOTT, ATTORNEYS AT LAW, LLP 230 Park Avenue 17th Floor New York, NY Fax: V. ZTO Express (Cayman) Inc represented by A Inge Selden, III BRESSLER AMERY & ROSS, P.C th Street North Suite 2200 Birmingham, AL Fax: iselden@bressler.com Joshua D Jones Bressler, Amery & Ross, P.C Park Place, Ste 1500 Birmingham, AL Fax: jdjones@bressler.com Louis Frank Mendez BRESSLER, AMERY & ROSS, P.C Park Place North, Ste Birmingham, AL Fax: lmendez@bressler.com Meisong Lai

3 Jianfa Lai Jilei Wang Xiangliang Hu Baixi Lan Xing Liu Frank Zhen Wei Jianmin (James) Guo Morgan Stanley & Co International PLC SHEARMAN & STERLING LLP 599 Lexington Avenue New York, NY Fax: MAYNARD COOPER & GALE PC 1901 Sixth Avenue North Suite 2400 Birmingham, AL Fax: MAYNARD COOPER & GALE th Avenue North, Suite 2400 Birmingham, AL Fax:

4 Goldman Sachs (Asia) LLC China Renaissance Securities (Hong Kong) Limited Citigroup Global Markets Inc

5 Credit Suisse Securities (USA) LLC JP Morgan Securities LLC Date Filed # Docket Text 06/28/ NOTICE OF REMOVAL by ZTO Express (Cayman) Inc from Jefferson County Circuit Court, case number , filed by ZTO Express (Cayman) Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D part 1, # 5 Exhibit D part 2)(KAM) (Entered: 06/29/2017) 06/28/ JOINDER (consent) to Notice of Removal 1 filed by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC. (KAM) (Entered: 06/29/2017) 06/30/ NOTICE of Appearance by Louis Frank Mendez on behalf of ZTO Express (Cayman) Inc (Mendez, Louis) (Entered: 06/30/2017) 06/30/ INITIAL ORDER. Signed by Judge R David Proctor on 6/30/2017. (KAM, ) (Entered: 06/30/2017)

6 07/05/ Joint MOTION for Extension of Time to File Answer (UNOPPOSED) by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc. (Selden, A) (Entered: 07/05/2017) 07/06/ TEXT ORDER-This matter is before the court on the Unopposed Joint Motion for Extension of Time to Respond to Complaint 5. The Motion 5 is GRANTED. Plaintiff SHALL file any motion to remand on or before July 14, s SHALL file their response to any motion to remand on or before July 28, Plaintiff SHALL file its reply to any motion to remand on or before August 4, s' deadline to respond to the Complaint in this action is STAYED until 30 days after the court rules on Plaintiff's anticipated motion to remand. Signed by Judge R David Proctor on 7/6/2017. (KAM) (Entered: 07/06/2017) 07/07/ MOTION for Leave to Appear Pro Hac Vice by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 07/07/2017) 07/07/2017 PHV Fee paid: $ 50, receipt number (Davis, Gregory) (Entered: 07/07/2017) 07/07/ MOTION for Leave to Appear Pro Hac Vice by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 07/07/2017) 07/07/2017 PHV Fee paid: $ 50, receipt number (Davis, Gregory) (Entered: 07/07/2017) 07/07/ NOTICE of Corporate Disclosure by ZTO Express (Cayman) Inc (Selden, A) (Entered: 07/07/2017) 07/07/ TEXT ORDER-This matter is before the court on the Motions to Admit Counsel Pro Hac Vice 7 8 filed on behalf of attorneys Rhiana Lauren Swartz and Thomas L. Laughlin IV. The Motions 7 8 are CONDITIONALLY GRANTED. On or before July 19, 2017, Attorneys Swartz and Laughlin SHALL certify to the court that they have read and understand (a) the local rules applicable to this District, (b) the Alabama State Bar Code of Professional Courtesy and the Lawyers Creed, and (c) this court's CM/ECF requirements. Failure to submit the above items will result in vacatur of the conditional grant of the motions.. Signed by Judge R David Proctor on 7/7/2017. (KAM, ) (Entered: 07/07/2017) 07/07/ NOTICE of Corporate Disclosure by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC Underwriter s' Corporate Disclosure Statement (Fruin, Peter) (Entered: 07/07/2017) 07/10/ MOTION for Leave to Appear Pro Hac Vice by ZTO Express (Cayman) Inc. (Selden, A) (Entered: 07/10/2017) 07/10/2017 PHV Fee paid: $ 50, receipt number (Selden, A) (Entered: 07/10/2017) 07/10/ MOTION for Leave to Appear Pro Hac Vice by ZTO Express (Cayman) Inc. (Selden, A) (Entered: 07/10/2017)

7 07/10/2017 PHV Fee paid: $ 50, receipt number (Selden, A) (Entered: 07/10/2017) 07/10/ TEXT ORDER-This matter is before the court on the Applications for Admission Pro Hac Vice filed on behalf of Scott D. Musoff 12 and Robert A. Fumerton 13. The Motions are GRANTED. Signed by Judge R David Proctor on 7/10/2017. (KAM, ) (Entered: 07/10/2017) 07/14/ MOTION to Remand by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 07/14/2017) 07/14/ Brief re 15 MOTION to Remand Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6)(Davis, Gregory) (Entered: 07/14/2017) 07/19/ RESPONSE to re 10 Rhiana Lauren Swartz filed by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 07/19/2017) 07/19/ RESPONSE to re 10 Thomas L. Laughlin, IV filed by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 07/19/2017) 07/28/ RESPONSE in Opposition re 15 MOTION to Remand filed by China Renaissance Securities (Hong Kong) Limited, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc. (Selden, A) (Entered: 07/28/2017) 08/04/ TEXT ORDER: Plaintiff's Motion to Remand 15 and 's alternative request for a stay of the court's decision on that Motion 19, are SET for oral argument at 10:00 on Monday, August 28, 2017 in Courtroom 7A of the Hugo L. Black United States Courthouse, th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 8/4/17. (SAC ) (Entered: 08/04/2017) 08/04/ MOTION to Change Venue by China Renaissance Securities (Hong Kong) Limited, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc. (Selden, A) (Entered: 08/04/2017) 08/04/ Brief re 21 MOTION to Change Venue filed by China Renaissance Securities (Hong Kong) Limited, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc. (Attachments: # 1 Exhibit Class Action Complaint, # 2 Exhibit Declaration of Feng Xu, # 3 Exhibit Declaration of Daniel C. Lewis)(Selden, A) (Entered: 08/04/2017) 08/04/ TEXT ORDER-This matter is before the court on s' Joint Motion to Transfer Venue 21. The parties are DIRECTED to brief the Motion in accordance with "Exhibit B" of the court's Initial Order 4. The parties SHALL be prepared to address the issues presented in s' Motion 21 during the oral argument on August 28, Signed by Judge R David Proctor on 8/4/2017. (JLC) (Entered: 08/04/2017)

8 08/04/ Brief re 15 MOTION to Remand, 19 Response in Opposition to Motion, Reply Memorandum in Support of Plaintiff's Motion to Remand. (Davis, Gregory) (Entered: 08/04/2017) 08/07/ MOTION for Extension of Time Unopposed Motion for Extension of Briefing Schedule on s' Joint Motion to Transfer Venue and for a Stay of all Other Deadlines and Proceedings by Birmingham Retirement & Relief System, City of. (Davis, Gregory) (Entered: 08/07/2017) 08/08/ TEXT ORDER-This matter is before the court on Plaintiff's Unopposed Motion for Extension of Briefing Schedule and for Stay of All Other Deadlines and Proceedings 25. Plaintiff's Motion 25 is GRANTED. Plaintiff's response to 's Motion 21 SHALL be filed on or before August 18, s' reply, if any, SHALL be filed on or before August 23, Further, proceedings in this action are STAYED pending the court's determination of the pending remand 15 and transfer 21 motions. Signed by Judge R David Proctor on 8/8/2017. (JLC) (Entered: 08/08/2017) 08/08/ MOTION for Leave to Appear Pro Hac Vice by Birmingham Retirement & Relief System, City of. (Davis, Gregory) Modified on 8/15/2017 (KAM, ). (Entered: 08/08/2017) 08/08/2017 PHV Fee paid: $ 50, receipt number (ALND B ). (Davis, Gregory) Modified on 8/8/2017 (KEK). (Entered: 08/08/2017) 08/08/ TEXT ORDER-This matter is before the court on the Motion to admit counsel Pro Hac Vice 27 filed on behalf of attorney Geoffrey M. Johnson. The Motion 27 is CONDITIONALLY GRANTED. On or before August 15, 2017, attorney Johnson SHALL certify to the court that he has read and understands (a) the local rules applicable to this District, (b) the Alabama State Bar Code of Professional Courtesy and the Lawyers Creed, and (c) this court's CM/ECF requirements. Failure to submit the above items will result in vacatur of the conditional grant of the motion. Signed by Judge R David Proctor on 8/8/2017. (JLC) (Entered: 08/08/2017) 08/14/ RESPONSE to re 28 RESPONSE TO COURTS TEXT ORDER filed by Birmingham Retirement & Relief System, City of. (Johnson, Geoffrey) (Entered: 08/14/2017) 08/14/ MOTION for Leave to Appear Pro Hac Vice by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC. (Attachments: # 1 Declaration of Daniel C. Lewis, # 2 Certificate of Good Standing - Daniel C. Lewis)(Davis, Richard) (Entered: 08/14/2017) 08/14/ MOTION for Leave to Appear Pro Hac Vice by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC. (Attachments: # 1 Declaration of Adam S. Hakki, # 2 Certificate of Good Standing - Adam S. Hakki)(Davis, Richard) (Entered: 08/14/2017) 08/15/2017 PHV Fee paid: $50.00, receipt number B for Adam S. Hakki 31 (KAM) (Entered: 08/15/2017)

9 08/15/2017 PHV Fee paid: $50.00, receipt number B Daniel C. Lewis 30 (KAM) (Entered: 08/15/2017) 08/15/ TEXT ORDER-This matter is before the court on Motions for Admission Pro Hac Vice filed on behalf of attorneys Daniel Lewis 30 and Adam Hakki 31. The Motions are GRANTED.. Signed by Judge R David Proctor on 8/15/2017. (KAM) (Entered: 08/15/2017) 08/18/ Brief re 21 MOTION to Change Venue, 22 Brief, Plaintiff's Memorandum and Points of Authority in Opposition to s' Joint Motion to Transfer Venue. (Attachments: # 1 Exhibit Exhibit 1-Metlife Docket)(Davis, Gregory) (Entered: 08/18/2017) 08/23/ REPLY to Response to Motion re 21 MOTION to Change Venue filed by China Renaissance Securities (Hong Kong) Limited, Citigroup Global Markets Inc, Credit Suisse Securities (USA) LLC, Goldman Sachs (Asia) LLC, JP Morgan Securities LLC, Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc. (Selden, A) (Entered: 08/23/2017) 08/28/2017 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 8/28/2017 re 15 MOTION to Remand filed by Birmingham Retirement & Relief System, City of, 21 MOTION to Change Venue filed by Morgan Stanley & Co International PLC, ZTO Express (Cayman) Inc, Credit Suisse Securities (USA) LLC, JP Morgan Securities LLC, China Renaissance Securities (Hong Kong) Limited, Goldman Sachs (Asia) LLC. A separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) (Entered: 08/28/2017) 08/29/ ORDER that the court agrees to await the Supreme Court's guidance; defendants' request for a stray is GRANTED; this case is STAYED pending the Supreme Court's decision in Cyan; denying without prejudice 15 Motion to Remand; denying without prejudice 21 Motion to Change Venue. Signed by Judge R David Proctor on 8/28/2017. (KAM) (Entered: 08/29/2017) 04/17/ Supplemental MOTION to Remand, MOTION to Remand by Birmingham Retirement & Relief System, City of. (Attachments: # 1 Exhibit)(Davis, Gregory) (Entered: 04/17/2018) 04/18/ ORDER Plaintiff's Unopposed Motion to Lift Stay and Remand 36 is GRANTED; the stay is LIFTED; this case is REMANDED to the Circuit Court of Jefferson County, Alabama. Signed by Judge R David Proctor on 4/18/2018. (KAM) (Entered: 04/18/2018) 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