US District Court Civil Docket as of December 11, 2012 Retrieved from the court on June 27, 2013 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:12-cv-04621-JFW-PLA In Re Chinacast Education Corporation Securities Litigation Assigned to: Judge John F. Walter Referred to: Magistrate Judge Paul L. Abrams Related Case: 2:12-cv-05107-JFW-PLA Case in other court: 9th CCA, 12-57232 Cause: 15:78m(a) Securities Exchange Act Date Filed: Date Terminated: 12/07/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Date Filed 05/31/2012 # Docket Text 1 CLASS ACTION COMPLAINT against Defendants Chinacast Education Corporation, Antonio Sena, Ron Chan Tze Ngon. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Alejandro Puente. (et) (Additional attachment(s) added on 6/4/2012: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 05/30/2012) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Chinacast Education Corporation, Antonio Sena, Ron Chan Tze Ngon. (et) (Entered: 05/30/2012) 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Alejandro Puente. (et) (mg). (Entered: 05/30/2012) 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/30/2012) 4 STANDING ORDER by Judge John F. Walter: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES; Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages; replies shall not exceed 12 pages. Counsel are ORDERED to deliver 2 courtesy copies of all documents filed electronically in this action to Chambers. For each document filed electronically, one courtesy copy shall be marked CHAMBERS COPY and the other shall be marked COURTESY COPY. The courtesy copies shall be delivered to Chambers no later than 10:00 a.m. on the next business day after the document was electronically filed (see document for further details). (jp) (Entered: 05/31/2012) 06/04/2012 5 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 6/4/12 addressed to lrosen@rosenlegal.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for
further proceedings. (mg) (Entered: 06/04/2012) 06/04/2012 6 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 6/4/12: initiating documents. (mg) (Entered: 06/04/2012) 06/04/2012 7 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 6/4/12: initiating documents. (mg) (Entered: 06/04/2012) 06/05/2012 8 DECLARATION of Laurence Rosen re Order,, 4 Declaration of Plaintiff's Lead Trial Counsel RE: Compliance with General Order Authorizing Electronic Filing filed by Plaintiff Alejandro Puente. (Rosen, Laurence) (Entered: 06/05/2012) 06/19/2012 9 PROOF OF SERVICE Executed by Plaintiff Alejandro Puente, upon Defendant Chinacast Education Corporation served on 6/18/2012, answer due 7/9/2012. Service of the Summons and Complaint were executed upon Heather Konesey, Process Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Rosen, Laurence) (Entered: 06/19/2012) 07/06/2012 10 APPLICATION for attorney William G. McGuinness to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626053 paid.) filed by defendant Chinacast Education Corporation. (Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 11 APPLICATION for attorney Israel David to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626085 paid.) filed by defendant Chinacast Education Corporation. (Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 12 APPLICATION for attorney Adam M. Harris to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626103 paid.) filed by defendant Chinacast Education Corporation. (Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 13 NOTICE OF LODGING filed of Proposed Order re APPLICATION for attorney William G. McGuinness to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626053 paid.) 10 (Attachments: # 1 Proposed Order)(Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 14 NOTICE OF LODGING filed of Proposed Order re APPLICATION for attorney Israel David to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626085 paid.) 11 (Attachments: # 1 Proposed Order)(Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 15 NOTICE OF LODGING filed of Proposed Order re APPLICATION for attorney Adam M. Harris to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10626103 paid.) 12 (Attachments: # 1 Proposed Order)(Tseng, Shane) (Entered: 07/06/2012) 07/06/2012 16 STIPULATION for Extension of Time to File Answer to After the Appointment of Lead Plaintiff and Lead Counsel filed by defendant Chinacast Education Corporation. (Attachments: # 1 Proposed Order)(Tseng, Shane) (Entered: 07/06/2012) 07/11/2012 17 ORDER by Judge John F. Walter: granting 12 Application to Appear Pro Hac Vice by Attorney Adam M. Harris on behalf of Defendant Chinacast Education Corporation, designating Shane W. Tseng as local counsel. (lt) (Entered: 07/12/2012)
07/11/2012 18 ORDER by Judge John F. Walter: granting 11 Application to Appear Pro Hac Vice by Attorney Israel David on behalf of Defendant Chinacast Education Corporation, designating Shane W. Tseng as local counsel. (lt) (Entered: 07/12/2012) 07/11/2012 19 ORDER by Judge John F. Walter: granting 10 Application to Appear Pro Hac Vice by Attorney William G. McGuinness on behalf of Defendant Chinacast Education Corporation, designating Shane W. Tseng as local counsel. (lt) (Entered: 07/12/2012) 07/16/2012 20 ORDER APPROVING Stipulation Extending Time to Answer, Move or Otherwise Respond to Complaint Until After the Court Appoints a Lead Plaintiff and Lead Counsel for the Purported Class 16 by Judge John F. Walter that Defendant ChinaCast Education Corporation will not presently be required to answer, move, or otherwise respond to the complaint in the above-captioned action and that after the Court enters an order appointing lead plaintiff(s) and lead counsel, counsel for ChinaCast will confer with the court-appointed lead counsel concerning ChinaCast's time to respond to the complaint or, if applicable, the schedule for the filing of an amended complaint and ChinaCast's response thereto. (jp) (Entered: 07/16/2012) 07/16/2012 21 MINUTE IN CHAMBERS ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH THE PRIVATE SECURITIES LITIGATION REFORM ACT by Judge John F. Walter: Plaintiff Alejandro Puente is hereby ordered to show cause, in writing, no later than 7/20/2012, why this action should not be dismissed for failure to comply with the notice requirements of the Private Securities Litigation Reform Act. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (jp) (Entered: 07/16/2012) 07/17/2012 22 NOTICE OF ERRATA filed by Plaintiff Alejandro Puente. correcting Complaint - (Discovery), Complaint - (Discovery) 1 (Attachments: # 1 Exhibit 1, Certification)(Rosen, Laurence) (Entered: 07/17/2012) 07/17/2012 23 RESPONSE filed by Plaintiff Alejandro Puenteto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines,,,, 21 (Attachments: # 1 Exhibit 1, Early Notice)(Rosen, Laurence) (Entered: 07/17/2012) 07/23/2012 24 MINUTE ORDER IN CHAMBERS by Judge John F. Walter re: DISCHARGE OF ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH THE PRIVATE SECURITIES LITIGATION REFORM ACT. The Court orders the Order to Show Cause discharged. (kbr) (Entered: 07/23/2012) 07/25/2012 25 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff ( Motion set for hearing on 8/27/2012 at 01:30 PM before Judge John F. Walter.), MOTION to Consolidate Cases, as to 12-CV-5107, filed by Plaintiff Alejandro Puente. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/25/2012) 07/25/2012 26 DECLARATION of Jeremy Lieberman in support of MOTION for Appointment of Counsel and Lead Plaintiff MOTION to Consolidate Cases, as to 12-CV-5107, 25 filed by Plaintiff Alejandro Puente. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rosen, Laurence) (Entered: 07/25/2012) 07/25/2012 27 MEMORANDUM in Support of MOTION for Appointment of Counsel and Lead Plaintiff MOTION to Consolidate Cases, as to 12-CV-5107, 25 filed by Plaintiff Alejandro Puente. (Rosen, Laurence) (Entered: 07/25/2012)
07/25/2012 29 NOTICE OF MOTION AND MOTION for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel. Motion set for hearing on 8/27/2012 at 01:30 PM before Judge John F. Walter filed by Movant Ray Evans. (Attachments: # 1 Proposed Order)(jp) (Entered: 08/01/2012) 07/25/2012 30 MEMORANDUM OF LAW in Support of MOTION for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel 29 filed by Movant Ray Evans. (jp) (Entered: 08/01/2012) 07/25/2012 31 DECLARATION of BRIAN J. ROBBINS in support of MOTION for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel 29 filed by Movant Ray Evans. (jp) (Entered: 08/01/2012) 07/31/2012 28 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John F. Walter, ORDERING Memorandum of Law in support of Motion for Consolidation; Notice of Motion for Consolidation Appointment for Lead Plaintiff; Proposed Order; Declaration of Brian J. Robbins submitted by Plaintiffs received on 7/25/2012 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp) (Entered: 08/01/2012) 08/06/2012 32 RESPONSE IN SUPPORT of MOTION for Appointment of Counsel and Lead Plaintiff MOTION to Consolidate Cases, as to 12-CV-5107, 25, MOTION to Consolidate Cases MOTION for Order for Appointment as Lead Plaintiff, and Approval of Selection of Counsel 29 filed by Movant Ray Evans. (Stephens, Conrad) (Entered: 08/06/2012) 08/06/2012 33 OPPOSITION to MOTION to Consolidate Cases MOTION for Order for Appointment as Lead Plaintiff, and Approval of Selection of Counsel 29 filed by Plaintiff Alejandro Puente. (Rosen, Laurence) (Entered: 08/06/2012) 08/13/2012 34 NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel and Lead Plaintiff MOTION to Consolidate Cases, as to 12-CV-5107, 25 filed by Plaintiff Alejandro Puente. (Rosen, Laurence) (Entered: 08/13/2012) 08/22/2012 35 STIPULATION for Extension of Time to File Consolidated and Amended Answer and Defendants' Response Thereto filed by defendant Chinacast Education Corporation. (Attachments: # 1 Proposed Order)(Tseng, Shane) (Entered: 08/22/2012) 08/22/2012 36 MINUTES (IN CHAMBERS) by Judge John F. Walter: The Court GRANTS the Costa Brava Plaintiffs Motion 25, and DENIES Evans Motion 29. Accordingly, the Court also orders the following: (1) The Clerk shall consolidate the Puente and Nakash Actions such that the lower-numbered case, CV 12-4621-JFW (PLAx), is designated the Master File. All documents filed hereafter shall bear the Master File case number CV 12-4621-JFW (PLAx) and the following caption: IN RE CHINACAST EDUCATION) CORPORATION SECURITIES) Case No. CV 12-4621-JFW (PLAx)LITIGATION) CLASS ACTION. (2) The Court appoints Costa Brava Partnership III LP and Jayhawk Private Equity Fund II, L.P. as Lead Plaintiffs. (3) The Court appoints Pomerantz Haudek Grossman & Gross LLP and The Rosen Law Firm, P.A. as Co-Lead Counsel. (4) Lead Plaintiffs shall file a consolidated complaint no later than ten (10) days from the date of this Minute Order. The consolidated complaint shall be deemed the operative complaint, superseding all complaints filed in any of the actions consolidated hereunder. The consolidated complaint shall be treated as if it were the original complaint and filing deadlines shall be determined by the filing date of the
consolidated complaint. The Court will dismiss the individual complaints after the filing of the consolidated complaint. Defendants shall respond to the consolidated complaint only. (jp) (Entered: 08/23/2012) 08/23/2012 37 ORDER DENIED Stipulation to Establish Schedule for Service of a Consolidated and Amended Complaint and Defendant Chinacast Education Corporation's Answer Motion to Dismiss or Other Response Thereto 35 by Judge John F. Walter. (See Minute Order filed on 8/22/12). (jp) (Entered: 08/23/2012) 08/24/2012 38 EXPARTE APPLICATION for Extension of Time to Amend Complaint - (Discovery), Complaint - (Discovery) 1 filed by Lead Plaintiff Alejandro Puente. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 08/24/2012) 08/24/2012 39 DECLARATION of Laurence Rosen in support of EXPARTE APPLICATION for Extension of Time to Amend Complaint - (Discovery), Complaint - (Discovery) 1 38 filed by Plaintiff Alejandro Puente. (Rosen, Laurence) (Entered: 08/24/2012) 08/27/2012 40 ORDER EXTENDING LEAD PLAINTIFFS TIME TO FILE A CONSOLIDATED AMENDED COMPLAINT AND ESTABLISHING SCHEDULE FOR DEFENDANT CHINACAST EDUCATION CORPORATIONS ANSWER, MOTION TO DISMISS OR OTHER RESPONSE THERETO by Judge John F. Walter. Finding that the Application for Extension of Time to Amend 38 good cause for the requested relief, the Court orders: (1) Lead Plaintiffs' shall file the CAC on or before September 17, 2012; (2) ChinaCast's shall answer, move to dismiss or otherwise respond to the CAC on or before October 15, 2012; (3) Should ChinaCast file a motion to dismiss, Lead Plaintiffs' opposition is due per Local Rules; (4) ChinaCast's reply is due per Local Rules. (jp) (Entered: 08/27/2012) 08/27/2012 09/17/2012 41 42 MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for 12/3/2012 at 8:30 AM before Judge John F. Walter. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before 11/21/2012. (jp) (Entered: 08/27/2012) CONSOLIDATED CLASS ACTION COMPLAINT against defendants Chinacast Education Corporation, Ron Chan Tze Ngon, Antonio Sena, Michael Santos, Justin Tang, Daniel Tseung, Ned Sherwood, Stephen Markscheid, Derek Feng. Related to: Complaint 1 with JURY DEMAND, filed by plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. (jp) (Additional attachment(s) added on 9/19/2012: # 1 21 Days summons Issued) (jp). (Additional attachment(s) added on 9/19/2012: # 2 Certificate of Service) (jp). (Entered: 09/18/2012) 09/17/2012 21 DAY Summons Issued re Consolidated Class Action Complaint 42 as to defendants Chinacast Education Corporation, Derek Feng, Stephen Markscheid, Michael Santos, Antonio Sena, Ned Sherwood, Justin Tang, Ron Chan Tze Ngon. (jp) (Entered: 09/18/2012) 09/19/2012 43 PROOF OF SERVICE Executed by Plaintiff Jayhawk Private Equity Fund II LP, Costa Brava Partnership III LP, upon Defendant Ned Sherwood served on 9/19/2012, answer due 10/10/2012. Service of the Summons and Complaint were executed upon ZS Fund, place of business in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned.
I (Rosen, Laurence) (Entered: 09/19/2012) 10/15/2012 44 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Chinacast Education Corporation, Derek Feng, Stephen Markscheid, Ned Sherwood. Motion set for hearing on 11/19/2012 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Memorandum Memorandum of Points and Authorities, # 2 Affidavit Declaration of Adam M. Harris, # 3 Proposed Order Proposed Order)(Tseng, Shane) (Entered: 10/15/2012) 10/15/2012 45 Notice of Interested Parties filed by defendant Chinacast Education Corporation, identifying Fir Tree Incorporated, Liberty Insurance Underwriters, Inc., Monitor Liability Managers, LLC, and XL Specialty Insurance Co.. (Tseng, Shane) (Entered: 10/15/2012) 10/29/2012 46 MEMORANDUM in Opposition to MOTION to Dismiss Case 44 filed by Consol Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. (Rosen, Laurence) (Entered: 10/29/2012) 10/29/2012 47 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 44 filed by Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 10/29/2012) 10/29/2012 48 DECLARATION of Phillip Kim re MEMORANDUM in Opposition to Motion 46, Request for Judicial Notice, Request for Relief 47 filed by Consol Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10)(Rosen, Laurence) (Entered: 10/29/2012) 10/31/2012 49 EXPARTE APPLICATION for Extension of Time to File reply papers filed by Defendants Chinacast Education Corporation, Derek Feng, Stephen Markscheid, Ned Sherwood. (Attachments: # 1 Declaration of Adam M. Harris in support of Ex Parte Application, # 2 Proposed Order for Extension to File Reply Papers)(Weldon, Rebekah) (Entered: 10/31/2012) 10/31/2012 50 ORDER by Judge John F. Walter: granting 49 Ex Parte Application for Extension of Time to File. Defendants ChinaCast Education Corporation, Derek Feng, Stephen Markscheid, Ned Sherwood and Daniel Tseung shall have until November 12, 2012 to file any reply papers in support of their motion to dismiss the consolidated amended complaint. (kbr) (Entered: 11/01/2012) 11/12/2012 51 REPLY in support of motion MOTION to Dismiss Case 44 filed by Defendant Chinacast Education Corporation, Consol Defendants Derek Feng, Stephen Markscheid, Ned Sherwood. (Attachments: # 1 Affidavit Supplemental Declaration of Adam M. Harris)(Tseng, Shane) (Entered: 11/12/2012) 11/14/2012 52 MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION Defendant Motion to Dismiss the Consolidated Class Action Complaint [filed 10/15/12; Docket No. 44] by Judge John F. Walter: Defendants' Motion to Dismiss the Consolidated Class Action Complaint 44 is currently on calendar for 11/19/2012 at 1:30 PM. Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 1/19/2012, is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp) (Entered: 11/14/2012)
11/21/2012 53 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15, filed by Consol Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP.. (Rosen, Laurence) (Entered: 11/21/2012) 11/27/2012 54 MINUTE IN CHAMBERS ORDER CONTINUING SCHEDULING CONFERENCE by Judge John F. Walter: The Court, on its own motion, hereby continues the Scheduling Conference, currently scheduled for 12/3/2012 at 8:30 AM., to 12/17/2012 at 8:30 AM. (jp) (Entered: 11/27/2012) 12/07/2012 55 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS Motion to Dismiss the Consolidated Class Action Complaint 44 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court found the matter appropriate for submission on the papers without oral argument. The matter was, therefore, removed from the Court's 11/19/2012 hearing calendar and the parties were given advance notice. (See attached Minute Order for further details). For all the foregoing reasons, Defendants' Motion is GRANTED. The Complaint is DISMISSED without leave to amend as to each of the Defendants, and this action is DISMISSED with prejudice as to each of the Defendants. (MD JS-6. Case Terminated.) (jp) (Entered: 12/07/2012) 12/10/2012 56 NOTICE OF APPEAL to the 9th CCA filed by Lead Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. Appeal of Order on Motion to Dismiss Case,, 55 (Appeal fee of $455 receipt number 0973-11368009 paid.) (Lieberman, Jeremy) (Entered: 12/10/2012) 12/11/2012 57 NOTIFICATION by Circuit Court of Appellate Docket Number 12-57232 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 56 as to Plaintiffs Costa Brava Partnership III LP, Jayhawk Private Equity Fund II LP. (dmap) (Entered: 12/11/2012) 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 http://pacer.psc.uscourts.gov/pacerdesc.html