US District Court Civil Docket as of 05/10/2012 Retrieved from the court on May 21, 2012 U.S. District Court Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:12-cv-01041-ER Jason v. Chen et al Assigned to: Judge Edgardo Ramos Member case: (View Member Case Related Cases: 7:12-cv-01488-ER 7:12-cv-03169-ER Cause: 15:78m(a) Securities Exchange Act Plaintiff Joseph M. Jason Individually and on Behalf of all Others Similarly Situated Date Filed: 02/10/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Thomas James McKenna Gainey & McKenna, LLP 440 Park Avenue, South 5th Floor New York, NY 10016 212-983-1300 Fax: 212-983-0383 Email: tjmlaw2001@yahoo.com Gregory M. Egleston Egleston Law Firm 440 Park Avenue South 5th Floor New York, NY 10016 (212) 683-3400 Fax: (212) 6833402 Email: egleston@gme-law.com V. Consolidated Plaintiff Miguel A. Santana, II Individually and on behalf of all others similarly situated represented by Bruce G. Murphy 265 Llwyds Lane Vero Beach, FL 32963 (772) 231-4202
Gregory Mark Nespole Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue New York, NY 10017 212-545-4657 Fax: (212) 545-4693 Email: nespole@whafh.com V. Movant Pascal Van Hove GCV Movant Theodore Behnken represented by Phillip C. Kim The Rosen Law Firm P.A. 350 5th Avenue, Suite 5508 New York, NY 10118 (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com represented by Thomas G. Amon Robbins Umeda, LLP 600 "B" Street Suite 1900 San Diego, CA 92101 (619) 525-3990 Fax: (619) 525-3991 Email: tamon@amonlaw.com V. Junfeng Chen Fushun Li Nian Chen
Weihu Yu New Energy Systems Group ADR Provider Jason Investor Group ADR Provider Michael Assa represented by Thomas James McKenna (See above for address) represented by Nicholas Ian Porritt Levi & Korsinsky LLP (DC) 1101 30th, Street, NW Washington, DC 20007 (202) 524-4290 Fax: (202) 333-2121 Email: nporritt@zlk.com Date Filed # Docket Text 02/10/2012 1 COMPLAINT against Junfeng Chen, Nian Chen, Fushun Li, New Energy Systems Group, Weihu Yu. (Filing Fee $ 350.00, Receipt Number 465401029324)Document filed by Joseph M. Jason.(rj) (Entered: 02/16/2012) 02/10/2012 SUMMONS ISSUED as to Junfeng Chen, Nian Chen, Fushun Li, New Energy Systems Group, Weihu Yu. (rj) (Entered: 02/16/2012) 02/10/2012 02/10/2012 02/10/2012 2 Case Designated ECF. (rj) (Entered: 02/16/2012) Magistrate Judge George A. Yanthis is so designated. (rj) (Entered: 02/16/2012) STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action,
or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rj) (Entered: 02/16/2012) 04/10/2012 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s). Document filed by Jason Investor Group. (Attachments: # 1 Text of Proposed Order)(McKenna, Thomas) (Entered: 04/10/2012) 04/10/2012 4 MEMORANDUM OF LAW in Support re: 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s).. Document filed by Jason Investor Group. (McKenna, Thomas) (Entered: 04/10/2012) 04/10/2012 5 DECLARATION of Thomas J. McKenna in Support re: 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s).. Document filed by Jason Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McKenna, Thomas) (Entered: 04/10/2012) 04/10/2012 6 MOTION to Appoint Counsel The Rosen Law Firm., MOTION to Appoint Lead Plaintiff., MOTION to Consolidate Cases. Document filed by Pascal Van Hove GCV. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 04/10/2012) 04/10/2012 7 MEMORANDUM OF LAW in Support re: 6 MOTION to Appoint Counsel The Rosen Law Firm. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by Pascal Van Hove GCV. (Kim, Phillip) (Entered: 04/10/2012) 04/10/2012 8 DECLARATION of Phillip Kim in Support re: 6 MOTION to Appoint MOTION to Consolidate Cases.. Document filed by Pascal Van Hove GCV. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) (Entered: 04/10/2012) 04/10/2012 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). Document filed by Michael Assa. (Attachments: # 1 Memorandum of Law In Support of Motion of Movants Michael Assa and Anita Van Der Heijden to Consolidate and Appoint Lead Plaintiff, # 2 Declaration of Nicholas I. Porritt In Support of Motion of Movants Michael Assa and Anita Van Der Heijden to Consolidate and Appoint Lead Plaintiff, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order Granting Motion of Movants Michael Assa and Anita Van Der
Heijden to Consolidate and Appoint Lead Plaintiff)(Porritt, Nicholas) Modified on 4/11/2012 (ldi). (Entered: 04/10/2012) 04/10/2012 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s)., MOTION to Consolidate Cases 12-cv-01041, 12-cv-01488 and Approval of Selection of Counsel. Document filed by Theodore Behnken.(Amon, Thomas) (Entered: 04/10/2012) 04/10/2012 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12-cv-01488 and Approval of Selection of Counsel.. Document filed by Theodore Behnken. (Amon, Thomas) (Entered: 04/10/2012) 04/10/2012 04/10/2012 12 DECLARATION of Thomas G. Amon in Support re: 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12-cv-01488 and Approval of Selection of Counsel.. Document filed by Theodore Behnken. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Amon, Thomas) (Entered: 04/10/2012) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Nicholas Ian Porritt to RE-FILE Document 9 MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 04/11/2012) 04/24/2012 13 RESPONSE to Motion re: 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12- cv-01488 and Approval of Selection of Counsel., 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s)., 6 MOTION to Appoint MOTION to Consolidate Cases.. Document filed by Michael Assa. (Porritt, Nicholas) (Entered: 04/24/2012) 04/26/2012 14 RESPONSE to Motion re: 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12- cv-01488 and Approval of Selection of Counsel., 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s)., 6 MOTION to Appoint MOTION to Consolidate Cases.. Document filed by Theodore Behnken. (Amon, Thomas) (Entered: 04/26/2012)
04/27/2012 15 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12-cv-01488 and Approval of Selection of Counsel., 9 MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s). MOTION to Appoint Michael Assa and Anita Van Der Heijden to serve as lead plaintiff(s)., 3 MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s).. Document filed by Pascal Van Hove GCV. (Kim, Phillip) (Entered: 04/27/2012) - 04/27/2012 16 MEMORANDUM OF LAW in Opposition re: 6 MOTION to Appoint MOTION to Consolidate Cases.. Document filed by Jason Investor Group. (McKenna, Thomas) (Entered: 04/27/2012) 04/27/2012 17 DECLARATION of Thomas J. McKenna in Opposition re: 6 MOTION to Appoint Counsel The Rosen Law Firm. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by Joseph M. Jason. (Attachments: # 1 Exhibit A)(McKenna, Thomas) (Entered: 04/27/2012) 05/10/2012 18 ORDER: The above-captioned securities fraud class actions pending before this Court are hereby consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. They will be collectively referred to as "In re New Energy Systems Group Securities Litigation" (the "Consolidated Action"). A Lead File is hereby established with the docket number 7: 12-cv- 01041-ER for all proceedings of the Consolidated Action. The Clerk of the Court is respectfully directed to file all pleadings in the above actions in the Lead File and shall note such filings in the Lead Docket.Any subsequent case filed as related to the above-captioned matter will only be consolidated with the Lead File upon appropriate motion to this Court. The Clerk of Court is respectfully directed to terminate the relevant motions. (Docs. 3, 6, and 10)Motions terminated: (3 in 7:12-cv- 01041-ER) MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s). filed by Jason Investor Group, (6 in 7:12-cv-01041-ER, 6 in 7:12-cv-01041-ER, 6 in 7:12-cv-01041-ER) MOTION to Appoint Counsel The Rosen Law Firm. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases. filed by Pascal Van Hove GCV, (10 in 7:12-cv-01041- ER, 10 in 7:12-cv-01041-ER) MOTION to Appoint Theodore Behnken to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-01041, 12- cv-01488 and Approval of Selection of Counsel. filed by Theodore Behnken, (10 in 7:12-cv-01488-ER) MOTION to Appoint Jason Investor Group to serve as lead plaintiff(s). filed by Jason Investor Group. (Signed by Judge Edgardo Ramos on 5/10/2012) (rj) (Entered: 05/11/2012)
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