Tompkins v. China XD Plastics Company LTD. et al
| Shawn M. Tompkins |
| China XD Plastics Company LTD., Jie Han and Taylor Zhang |
| The FW Group |
| 1:2014cv05359 |
| July 16, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| George B Daniels |
| Securities/Commodities/Exchanges |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2017. A more recent docket listing may be available from PACER.
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Filing 11
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated March 23, 2016, and Order dated March 8, 2017, Defendants' motion to dismiss the Third Amended Complaint is granted; Plaintiff's motion for leave to amend the Complaint is denied as futile and Plaintiff's motion to strike is denied as moot. (Signed by Clerk of Court Ruby Krajick on 04/10/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Filing 10
SECOND STIPULATION STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFFS' LETTER MOTION FOR LEAVE TO AMEND: IT IS HEREBY STIPULATED AND AGREED by and between the parties, subject to the approval of the Court, that: China XD Plastics Co.Ltd. shall respond to the Letter Motion on or before June 24, 2016 Lead plaintiffs shall have up to and including August 8, 2016 to file a reply in further support of their Letter Motion. IT IS SO ORDERED., ( Responses due by 6/24/2016, Replies due by 8/8/2016.) (Signed by Judge George B. Daniels on 6/15/2016) (ama) Modified on 6/15/2016 (ama).
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Filing 9
OPINION AND ORDER: granting Dkt. No 24 and #40 in 14-cv-5308. The Defendants' motion to dismiss the Third Amended Complaint is GRANTED. The Clerk of the Court is directed to close the motion docketed as ECF No. 24. Plaintiffs may move within thirty (30) days, by letter application with an attached proposed amended complaint, for leave to amend if amendment would not be futile. SO ORDERED. (Signed by Judge George B. Daniels on 3/23/2016) (ama)
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Filing 8
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-5359. 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-05308 (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-05308 (GBD) shall constitute a master file for every action in the consolidated action. 6. This Order is entered 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. 23. 8. 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)
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Filing 6
LETTER MOTION to Adjourn Conference Unopposed letter motion to adjourn 9/25/14 initial conference to 11/25/14 at 9:30 a.m. addressed to Judge George B. Daniels from Phillip Kim dated 9/22/2014. Document filed by The FW Group.(Kim, Phillip)
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Filing 7
ORDER: The conference scheduled for September 25, 2014 has been adjourned to November 25, 2014 at 9:30 AM. (Initial Conference set for 11/25/2014 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/17/2014) (djc)
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Filing 5
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/25/2014 at 09:30 AM in Courtroom 11A at the United States District Courthouse, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/25/2014) (mro)
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Magistrate Judge Henry B. Pitman is so designated. (pgu)
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NOTICE OF CASE ASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (pgu)
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CASE ACCEPTED AS RELATED. Create association to 1:14-cv-05308-GBD. Notice of Assignment to follow. (pgu)
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Filing 4
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) (moh)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-cv-5308. Document filed by Shawn M. Tompkins.(moh)
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Filing 2
CIVIL COVER SHEET filed. (moh)
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Filing 1
COMPLAINT against China XD Plastics Company LTD., Jie Han, Taylor Zhang. (Filing Fee $ 350.00, Receipt Number 465401100314)Document filed by Shawn M. Tompkins.(moh)
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SUMMONS ISSUED as to China XD Plastics Company LTD., Jie Han, Taylor Zhang. (moh)
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Case Designated ECF. (moh)
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CASE REFERRED TO Judge George B. Daniels as possibly related to 14-cv-5308. (moh)
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