Michael H. Resh et al v. China Agritech, Inc. et al

Justia Dockets & Filings Ninth Circuit California Central District Michael H. Resh et al v. China Agritech, Inc. et al

Michael H. Resh et al v. China Agritech, Inc. et al

Plaintiff:	Michael H. Resh
Defendant:	Gene Michael Bennett, Yu Chang, China Agritech, Inc., Lun Zhang Dai, Does, Charles Law, Yau-Sing Tang, Xiao Rong Teng, Zheng Wang, Hai Lin Zhang and Ming Fang Zhu
Case Number:	2:2014cv05083
Filed:	June 30, 2014
Court:	US District Court for the Central District of California
Presiding Judge:	R. Gary Klausner
Presiding Judge:	Patrick J. Walsh
Nature of Suit:	Securities/Commodities

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Docket Report

This docket was last retrieved on December 11, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 8, 2017	Filing 107 NOTICE of grant of Petition for Writ of Certiorari by the Supreme Court of the United States of America filed by defendant Gene Michael Bennett, China Agritech, Inc.. (Attachments: # 1 Exhibit A)(Aronson, Seth)
December 6, 2017	Filing 106 NOTICE OF MOTION AND MOTION to Lift Stay re Discovery pursuant to 15 U.S.C. § 78u-4(b)(3)(B) filed by Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke. Motion set for hearing on 1/8/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Betsy C. Manifold, # 3 Proposed Order) (Manifold, Betsy)
November 29, 2017	Filing 105 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Reconsideration re Order on Motion for Clerk to Enter Default 104 ; and Defendant Gene Michael Bennett's Motion to Dismiss Second Amended Complaint 102 , noticed for hearing on 01/22/2018 at 9:00 am HAVE BEEN ADVANCED to 1/8/2018 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
November 28, 2017	Filing 104 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Clerk to Enter Default, 90 filed by Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke. Motion set for hearing on 1/22/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Betsy C. Manifold, # 3 Exhibit 1 - Press Release, # 4 Proposed Order) (Manifold, Betsy)
November 27, 2017	Filing 103 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 102 filed by Defendant Gene Michael Bennett. (Aronson, Seth)
November 27, 2017	Filing 102 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Gene Michael Bennett. Motion set for hearing on 1/22/2018 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Seth Aronson, # 3 Exhibit 1-China Ag's 2009 Form 10-K (Part 1), # 4 Exhibit 1-China Ag's 2009 Form 10-K (Part 2), # 5 Exhibit 2-LM Research Report, # 6 Exhibit 3-China Ag's February 10, 2011 Press Release, # 7 Exhibit 4-Bronte Capital Blog Post, # 8 Exhibit 5-Docket for Dean v. China Agritech, Inc., et al., # 9 Exhibit 6-October 17, 2012 SEC Order, # 10 Exhibit 7-October 17, 2012 SEC Press Release, # 11 Exhibit 8-Docket for Gearing, et al. v. China Agritech, Inc., et al., # 12 Exhibit 9-Request for Dismissal, # 13 Exhibit 10-Opening Brief of Plaintiffs-Appellants, # 14 Exhibit 11-Appellee China Agritech, Inc.'s Answering Brief, # 15 Exhibit 12-Reply Brief of Plaintiffs-Appellants, # 16 Exhibit 13-China Ag's April 25, 2011 Form 8-K, # 17 Exhibit 14-China Ag's June 14, 2012 Form 8-K, # 18 Exhibit 15-Gene Michael Bennett's Form 4s, # 19 Proposed Order) (Attorney Seth A Aronson added to party Gene Michael Bennett(pty:dft)) (Aronson, Seth)
November 21, 2017	Filing 101 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Charles Law's Motion to Dismiss Plaintiffs Second Amended Complaint 81 , calendared for hearing on November 27, 2017, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
November 14, 2017	Filing 100 NOTICE OF FILING TRANSCRIPT filed for proceedings NOVEMBER 6, 2017, 9:02 a.m. re Transcript 99 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (MacNeil, Sandra) TEXT ONLY ENTRY
November 14, 2017	Filing 99 TRANSCRIPT for proceedings held on NOVEMBER 6, 2017, 9:02 a.m. Court Reporter/Electronic Court Recorder: SANDRA MACNEIL, phone number 213-894-5949; MACNEILSANDY@GMAIL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/5/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018. (MacNeil, Sandra)
November 13, 2017	Filing 98 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint 81 filed by Defendant Charles Law. (Bluth, Andrew)
November 7, 2017	Filing 96 TRANSCRIPT ORDER as to Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke for Court Reporter. Court will contact Kathryn Cabrera at cabrera@whafh.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Manifold, Betsy)
November 7, 2017	Filing 95 TRANSCRIPT ORDER as to Defendant China Agritech, Inc. for Court Reporter. Court will contact Stephen Kemp at skemp@omm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Aronson, Seth)
November 6, 2017	Filing 94 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint 81 filed by Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke. (Attachments: # 1 Proposed Order)(Manifold, Betsy)
November 6, 2017	Filing 93 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 1/10/2018. Discovery cut-off 4/18/2018. Motions due by 5/2/2018. Pretrial Conference set for 7/2/2018 at 9:00 am. Jury Trial set for 7/17/2018 at 9:00 am. Court Reporter: Sandra MacNeil. (sw)
November 6, 2017	Filing 92 ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 7/2/2018 at 9:00 am; Jury Trial set for 7/17/2018 at 9:00 am. See Order for details. (sw)
November 6, 2017	Filing 91 ORDER/REFERRAL to ADR Procedure No. 3 by Judge R. Gary Klausner. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 05/18/2018. (sw)
November 2, 2017	Filing 90 (IN CHAMBERS) Order Re: Plaintiffs' Request for Entry of Default by Judge R. Gary Klausner 86 . In light of the foregoing facts, the Court finds that Plaintiffs have not adequately served process on Defendant Tang. Therefore entry of default is improper. The Court denies Plaintiffs' Request for Entry of Default. REFER TO THE COURT'S ORDER FOR DETAILS. (pso)
October 30, 2017	Filing 89 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke.. (Manifold, Betsy)
October 27, 2017	Filing 88 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Defendant Yau-Sing Tang 86 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. The clerk is not authorized to determine the sufficiency of service on a party in a foreign country.. (bp)
October 26, 2017	Filing 97 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HACE VICE by Judge R. Gary Klausner: granting 84 Non-Resident Attorney David A.P. Brower APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke, designating Evan J. Smith as local counsel. (jp)
October 26, 2017	Filing 87 PROOF OF SERVICE Executed by Plaintiff Heroca Holding B.V., William Schoenke, Ninella Beheer B.V., upon Defendant Gene Michael Bennett served on 10/18/2017, answer due 11/8/2017. Service of the Summons and Complaint were executed upon Gene Michael Bennett in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Manifold, Betsy)
October 26, 2017	Filing 86 APPLICATION for Clerk to Enter Default against Defendant Yau-Sing Tang filed by Plaintiffs Heroca Holding B.V., William Schoenke, Ninella Beheer B.V.. (Attachments: # 1 Declaration of Betsy C. Manifold) (Attorney Betsy C Manifold added to party Heroca Holding B.V.(pty:pla), Attorney Betsy C Manifold added to party Ninella Beheer B.V.(pty:pla), Attorney Betsy C Manifold added to party William Schoenke(pty:pla)) (Manifold, Betsy)
October 26, 2017	Filing 85 PROOF OF SERVICE Executed by Plaintiff Heroca Holding B.V., William Schoenke, Ninella Beheer B.V., upon Defendant Yau-Sing Tang served on 9/15/2014, answer due 10/6/2014. Service of the Summons and Complaint were executed upon Yau-Sing Tang in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Declaration of Melinda D'Avanzo re: Proof of Service of Summons on Defendant Yau-Sing Tang (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Manifold, Betsy)
October 24, 2017	Filing 84 APPLICATION of Non-Resident Attorney David A.P. Brower to Appear Pro Hac Vice on behalf of Plaintiffs Heroca Holding B.V., Ninella Beheer B.V., William Schoenke (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20713900) filed by PLAINTIFF Hero ca Holding B.V., Ninella Beheer B.V., William Schoenke. (Attachments: # 1 Exhibit Ex. 1 - Certification of Good Standing, # 2 Proposed Order [Proposed] Order on Application of Non-Resisdent Attorney to Appear in a Specific Case Pro Hac Vice) (Attorney Evan Jason Smith added to party Heroca Holding B.V.(pty:pla), Attorney Evan Jason Smith added to party Ninella Beheer B.V.(pty:pla), Attorney Evan Jason Smith added to party William Schoenke(pty:pla)) (Smith, Evan)
October 20, 2017	Filing 83 Notice of Appearance or Withdrawal of Counsel: for attorney William K Pao counsel for Defendant China Agritech, Inc.. Courtney Gould is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant China Agritech, Inc.. (Pao, William)
October 18, 2017	Filing 82 ANSWER to Amended Complaint/Petition, 80 / Answer to Second Amended Complaint filed by Defendant China Agritech, Inc..(Aronson, Seth)
October 18, 2017	Filing 81 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint filed by Defendant Charles Law. Motion set for hearing on 11/27/2017 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Request for Judicial Notice, # 2 Memorandum Memorandum of Points and Authorities, # 3 Declaration Declaration of Andrew D. Bluth, # 4 Exhibit Exhibit A to Declaration of Andrew D. Bluth, # 5 Exhibit Exhibit B to Declaration of Andrew D. Bluth, # 6 Exhibit Exhibit C to Declaration of Andrew D. Bluth, # 7 Exhibit Exhibit D to Declaration of Andrew D. Bluth) (Bluth, Andrew)
October 4, 2017	Filing 80 Second AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint 24 , filed by Plaintiffs Michael H. Resh, CAGC Investor Group (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Attorney Matthew M Guiney added to party CAGC Investor Group(pty:bkmov))(Guiney, Matthew)
October 4, 2017	Filing 79 STATEMENT of Death filed by Movant CAGC Investor Group, Plaintiff Michael H. Resh (Guiney, Matthew)
September 28, 2017	Filing 78 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: granting 72 Non-Resident Attorney Daniel Kuznicki APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Michael H. Resh, William Schoenke, Heroca Holding B.V., and Ninella Beheer B.V., designating Evan J. Smith as local counsel. (pso)
September 27, 2017	Filing 77 MINUTES (IN CHAMBERS) RE DEFENDANT CHARLES LAW'S MOTION TO DISMISS by Judge R. Gary Klausner 67 . The Court GRANTS Defendant Law's Motion to Dismiss the claims against him with leave to amend. Plaintiffs have seven days to file an amended complaint consistent with this order. REFER TO THE COURT'S ORDER FOR DETAILS. (pso)
September 20, 2017	Filing 76 ORDER by Judge R. Gary Klausner: granting 74 Non-Resident Attorney Matthew M. Guiney APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Michael H. Resh, William Schoenke, Heroca Holding B.V., and Ninella Beheer B.V., designating Evan J. Smith as local counsel. (pso)
September 20, 2017	Filing 75 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Charles Law's Motion to Dismiss Plaintiff's Amended Compliant 67 , calendared for hearing on September 25, 2017, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
September 19, 2017	Filing 74 APPLICATION of Non-Resident Attorney Matthew M. Guiney to Appear Pro Hac Vice on behalf of Plaintiff Michael H. Resh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20530121) filed by PLAINTIFF Michael H. Resh. (Attachments: # 1 Proposed O rder) (Smith, Evan)
September 19, 2017	Filing 73 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Daniel Kuznicki to Appear Pro Hac Vice on behalf of Plaintiff Michael H. Resh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20522431) 72 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Hearing date set, but no hearing required. (lt)
September 18, 2017	Filing 72 NOTICE OF MOTION AND MOTION of Non-Resident Attorney Daniel Kuznicki to Appear Pro Hac Vice on behalf of Plaintiff Michael H. Resh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20522431) filed by PLAINTIFF Michael H. Resh. Motion set for he aring on 9/25/2017 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order) (Attorney Evan Jason Smith added to party Michael H. Resh(pty:pla)) (Smith, Evan)
September 11, 2017	Filing 71 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Amended Complaint 67 filed by Defendant Charles Law. (Bluth, Andrew)
September 7, 2017	Filing 70 NOTICE OF LODGING filed Plaintiffs' Notice of Lodging [Proposed] Order Denying Defendant Charles Law's Motion to Dismiss Plaintiffs' Amended Complaint for Violations of the Securities Laws re MEMORANDUM in Opposition to Motion 69 (Attachments: # 1 Proposed Order)(Manifold, Betsy)
September 1, 2017	Filing 69 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Amended Complaint 67 filed by Movant CAGC Investor Group, Plaintiff Michael H. Resh. (Manifold, Betsy)
August 18, 2017	Filing 68 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for November 6, 2017 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. Rule 26 Meeting Report due by 10/30/2017. (sw)
August 18, 2017	Filing 67 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendant Charles Law. Motion set for hearing on 9/25/2017 at 09:00 AM before Judge R. Gary Klausner. (Bluth, Andrew)
August 18, 2017	Filing 66 MEMORANDUM in Support of Charles Law's Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendant Charles Law. (Attachments: # 1 Request for Judicial Notice in Support of Charles Law's Motion to Dismiss Plaintiffs' Amended Complaint, # 2 Declaration of Andrew D. Bluth in Support of Charles Law's Motion to Dismiss Plaintiffs' Amended Complaint, # 3 Exhibit A to Andrew D. Bluth Declaration, # 4 Exhibit B to Andrew D. Bluth Declaration, # 5 Exhibit C to Andrew D. Bluth Declaration)(Attorney Andrew Daniel Bluth added to party Charles Law(pty:dft))(Bluth, Andrew)
August 18, 2017	Filing 65 ANSWER to Amended Complaint 24 JURY DEMAND. filed by Defendant China Agritech, Inc..(Aronson, Seth)
August 10, 2017	Filing 64 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY 60 by Judge R. Gary Klausner: John Poulos for defendant Charles Law instead of Cary J. Economou M. Taylor Florence and Christopher Lee. (ah)
August 8, 2017	Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 62 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
August 7, 2017	Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Cary J Economou counsel for Defendant Charles Law. Adding John S Poulos as counsel of record for Charles Law for the reason indicated in the G-123 Notice. Cary Joy Economou, M. Taylor Florence, Christopher Lee is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Charles Law. (Attachments: # 1 Proposed Order)(Economou, Cary)
August 7, 2017	Filing 61 ORDER by Judge R. Gary Klausner re REQUEST of Cary J. Economou, M. Taylor Florence and Christopher Lee to Withdraw as Attorney 60 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Incorrect event selected. Other error(s) with document(s): Document was filed as a motion. Document lacking original signatures by counsel. (sw)
August 4, 2017	Filing 60 REQUEST of Cary J. Economou, M. Taylor Florence and Christopher Lee to Withdraw as Attorney filed by Defendant Charles Law. Request set for hearing on 9/11/2017 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order) (Economou, Cary)
July 25, 2017	Filing 59 AMENDED ORDER TO SET TIME TO RESPOND TO AMENDED COMPLAINTgranting Stipulation for Order 58 . The Court hereby sets the deadline for defendants to respond to Plaintiffs' Amended Complaint as August 18, 2017. (bp)
July 20, 2017	Filing 58 STIPULATION for Order to Set Time to Respond to Amended Complaint filed by Defendant China Agritech, Inc.. (Attachments: # 1 Proposed Order)(Pao, William)
July 11, 2017	Filing 57 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 54 ,, CCA # 15-55432. The judgment of the 9th Circuit Court, entered May 24, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure.[See USCA Opinion 56 REVERSED and REMANDED.](mat)
May 24, 2017	Filing 56 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by CAGC Investor Group, Michael H. Resh. CCA # 15-55432. We reverse the district court's order of dismissaland remand for further proceedings consistent with thisopinion.REVERSED and REMANDED. (mat)
March 19, 2015	Filing 55 NOTIFICATION by Circuit Court of Appellate Docket Number 15-55432, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 54 as to CAGC Investor Group, Michael H. Resh. (car)
March 19, 2015	Filing 54 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs CAGC Investor Group, Michael H. Resh. Appeal of Minutes of In Chambers Order/Directive - no proceeding held 53 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Terminated Case,,, 50 , Order on Motion for Order 37 , Order on Motion to Dismiss Party,,, 43 (Appeal fee of $505 receipt number 0973-15401827 paid.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Manifold, Betsy)
February 23, 2015	Filing 53 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Re: Plaintiffs' Motion for Reconsideration 45 . The Court DENIES Plaintiffs' Motion. Refer to the Court's order for details. (pso)
January 23, 2015	Filing 52 NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs' Motion for Reconsideration re Order on Motion to Dismiss Party 45 noticed for hearing on January 26, 2015, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pso) TEXT ONLY ENTRY
January 12, 2015	Filing 51 REPLY in Support of MOTION for Reconsideration re Order on Motion to Dismiss Party,,, 43 Memorandum of Points and Authorities in Support Thereof 45 filed by Movant CAGC Investor Group, Plaintiff Michael H. Resh. (Manifold, Betsy)
January 7, 2015	Filing 50 MINUTE ORDER IN CHAMBERS Order Re: Dismissal Order as to Plaintiffs' Claims Against Remaining Defendants by Judge R. Gary Klausner: On December 1, 2014, the Court granted motions to dismiss filed by China AG and Law pursuant toFederal Rule of Civil Procedure 12(b)(6), finding that Plaintiffs class action claims were barred by the statute oflimitations. The Court ordered Plaintiffs to show cause as to why the Remaining Defendants should not also bedismissed from this action. On December 8, 2014, Plaintiffs filed a response to the Order.Plaintiffs fail to provide an adequate reason why, in light of the Courts December 1, 2014 order, theclaims against the Remaining Defendants should not also be dismissed. Therefore, the Court DISMISSES theRemaining Defendants. (Made JS-6. Case Terminated.) (bp)
January 5, 2015	Filing 49 JOINDER filed by Defendant Charles Law joining in Declaration (Motion related), 47 , MEMORANDUM in Opposition to Motion, 46 , Request for Judicial Notice,, Request for Relief, 48 . (Economou, Cary)
January 5, 2015	Filing 48 REQUEST FOR JUDICIAL NOTICE re MOTION for Reconsideration re Order on Motion to Dismiss Party,,, 43 Memorandum of Points and Authorities in Support Thereof 45 (DEFENDANT CHINA AGRITECH, INC.'S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO PLAINTIFFS' MOTION TO RECONSIDER THE COURT'S DECEMBER 1, 2014 ORDER RE DEFENDANTS CHINA AGRITECH, INC.'S AND CHARLES LAW'S MOTIONS TO DISMISS) filed by Defendant China Agritech, Inc.. (Leu, Michelle)
January 5, 2015	Filing 47 DECLARATION of MICHELLE C. LEU In Opposition To MOTION for Reconsideration re Order on Motion to Dismiss Party,,, 43 Memorandum of Points and Authorities in Support Thereof 45 filed by Defendant China Agritech, Inc.. (Attachments: # 1 Exhibit 1)(Leu, Michelle)
January 5, 2015	Filing 46 MEMORANDUM in Opposition to MOTION for Reconsideration re Order on Motion to Dismiss Party,,, 43 Memorandum of Points and Authorities in Support Thereof 45 (DEFENDANT CHINA AGRITECH, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' MOTION TO RECONSIDER THE COURTS DECEMBER 1, 2014 ORDER RE DEFENDANTS CHINA AGRITECH, INC.'S AND CHARLES LAW'S MOTIONS TO DISMISS) filed by Defendant China Agritech, Inc.. (Aronson, Seth)
December 19, 2014	Filing 45 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Party,,, 43 Memorandum of Points and Authorities in Support Thereof filed by Plaintiffs CAGC Investor Group, Michael H. Resh. Motion set for hearing on 1/26/2015 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Manifold, Betsy)
December 8, 2014	Filing 44 RESPONSE filed by Movant CAGC Investor Group, Plaintiff Michael H. Reshto Order on Motion to Dismiss Party,,, 43 Plaintiffs' Response to Court's December 1, 2014 Order to Show Cause (Manifold, Betsy)
December 1, 2014	Filing 43 MINUTES (IN CHAMBERS): Order re: Defendants Charles Law and China Agritech, Inc.'s Motions to Dismiss (DE 27, 28) by Judge R. Gary Klausner: The Court GRANTS without leave to amend Moving Defendants' Motions to Dismiss. Plaintiffs are hereby ordered to show cause in writing no later than December 8, 2014 as to why the Motions to Dismiss should not be granted as to the remaining defendants. (See document for further details) (bp)
October 27, 2014	Filing 42 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant China Agritech, Inc.'s Motion to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 ; AND Defendant Charles Law's Motion to Dismiss Defendant Charles Law 27 , noticed for hearing on November 3, 2014, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
October 20, 2014	Filing 41 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 (SUPPLEMENTAL) filed by Defendant China Agritech, Inc.. (Aronson, Seth)
October 20, 2014	Filing 40 REPLY In Support Of MOTION to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 filed by Defendant China Agritech, Inc.. (Attachments: # 1 Declaration of Seth Aronson in Support (SUPPLEMENTAL), # 2 Exhibit 29 to Aronson Supplemental Declaration)(Aronson, Seth)
October 20, 2014	Filing 39 REPLY In Support Of MOTION to Dismiss Defendant Charles Law 27 filed by Defendant Charles Law. (Attachments: # 1 Proposed Order Granting Defendant Charles Law's Motion to Dismiss Plaintiffs' Amended Complaint)(Economou, Cary)
October 20, 2014	Filing 38 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A scheduling conference has been placed on calendar for January 12, 2015 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to all parties that have appeared in this action, and is further directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. Not later than 5 court days prior to the Scheduling Conference, counsel are ordered to confer and electronically file (joint) Form ADR-1 (and proposed order, Form ADR 12), selecting one of the three settlement options available. (sw)
October 17, 2014	Filing 37 DENIED without prejudice to be determined at time of certification by Judge R. Gary Klausner: denying 22 Motion for Appointment as Lead Plaintiff and Approving its Selection of Lead Counsel. (bp)
October 6, 2014	Filing 36 MEMORANDUM in Opposition to MOTION to Dismiss Defendant Charles Law 27 filed by Plaintiff Michael H. Resh. (Attachments: # 1 Proposed Order)(Manifold, Betsy)
October 6, 2014	Filing 35 MEMORANDUM in Opposition to MOTION to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 filed by Plaintiff Michael H. Resh. (Attachments: # 1 Proposed Order)(Manifold, Betsy)
October 1, 2014	Filing 34 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Movant CAGC Investor Group's Motion for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 22 , noticed for hearing on October 6, 2014, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
September 25, 2014	Filing 33 ORDER TO EXTEND BRIEFING SCHEDULE DUE TO RELIGIOUS HOLIDAYS by Judge R. Gary Klausner. To alleviate the hardship this schedule creates for the Parties and their counsel, this Court will extend the hearing date for Defendants' Motions to Dismiss until November 3, 2014. Plaintiffs shall file their Oppositions on October 6, 2014, and Defendants shall file their Replies on October 20, 2014. 31 (pso)
September 25, 2014	Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Defendant Charles Law 27 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb)
September 24, 2014	Filing 31 STIPULATION for Order TO EXTEND BRIEFING SCHEDULE DUE TO RELIGIOUS HOLIDAYS filed by Defendant China Agritech, Inc.. (Attachments: # 1 Proposed Order)(Aronson, Seth)
September 23, 2014	Filing 30 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Motion to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 , and Motion to Dismiss Defendant Charles Law 27 , previously scheduled for 11/10/2014 at 9:00 am have been ADVANCED to 10/27/2014 at 9:00 am. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
September 22, 2014	Filing 29 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations 28 filed by Defendant China Agritech, Inc.. (Aronson, Seth)
September 22, 2014	Filing 28 NOTICE OF MOTION AND MOTION to Dismiss The Resh Plaintiffs' Putative Class Action or, In the Alternative, Class Allegations As Barred By Statute of Limitations filed by Defendant China Agritech, Inc.. Motion set for hearing on 11/10/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Seth Aronson in support, # 3 Exhibit 1-14 of Aronson Declaration, # 4 Exhibit 15-28 of Aronson Declaration, # 5 Proposed Order)(Aronson, Seth)
September 22, 2014	Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Defendant Charles Law filed by Defendant Charles Law. Motion set for hearing on 11/10/2014 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities In Support of Motion to Dismiss, # 2 Declaration of M. Taylor Florence In Support of Motion to Dismiss, # 3 Exhibit A to the Declaration of M. Taylor Florence In Support of Motion to Dismiss, # 4 Exhibit B to the Declaration of M. Taylor Florence In Support of Motion to Dismiss, # 5 Exhibit C to the Declaration of M. Taylor Florence In Support of Motion to Dismiss, # 6 Request for Judicial Notice In Support of Motion to Dismiss)(Economou, Cary)
September 22, 2014	Filing 26 Certification and NOTICE of Interested Parties filed by Defendant Charles Law, identifying Michael H. Resh, William Schoenke, Heroca Holding BV, Ninella Beheer BV, China Agritech, Inc.. (Attorney Cary J Economou added to party Charles Law(pty:dft))(Economou, Cary)
September 4, 2014	Filing 25 NOTICE OF INTERESTED PARTIES filed by PLAINTIFF CAGC Investor Group. (Manifold, Betsy)
September 4, 2014	Filing 24 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1 , filed by PLAINTIFF Michael H. Resh (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Manifold, Betsy)
September 3, 2014	Filing 23 DECLARATION of Betsy C. Manifold in support of MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel ; Memorandum of Points and Authorities In Support Thereof 22 filed by Movant CAGC Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Manifold, Betsy)
September 3, 2014	Filing 22 NOTICE OF MOTION AND MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel ; Memorandum of Points and Authorities In Support Thereof filed by movant CAGC Investor Group. Motion set for hearing on 10/6/2014 at 09:30 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Attorney Betsy C Manifold added to party CAGC Investor Group(pty:bkmov))(Manifold, Betsy)
August 5, 2014	Filing 21 NOTICE of Interested Parties filed by defendant China Agritech, Inc., identifying Federal Insurance Company, Antares, XL Insurance Company Ltd., China PingAn Insurance (Hong Kong) Co., Ltd., PICC Property and Casualty Company Limited, Zurich Insurance Company, and Liberty International Underwriters. (Aronson, Seth)
August 5, 2014	Filing 20 CORPORATE DISCLOSURE STATEMENT filed by Defendant China Agritech, Inc. (Aronson, Seth)
August 5, 2014	Filing 19 Joint STIPULATION Extending Time to Answer the complaint as to China Agritech, Inc. answer now due 9/5/2014, re Complaint (Attorney Civil Case Opening) 1 filed by defendant China Agritech, Inc..(Attorney Seth A Aronson added to party China Agritech, Inc.(pty:dft))(Aronson, Seth)
July 30, 2014	Filing 18 PROOF OF SERVICE Executed by Plaintiff Michael H. Resh, upon Defendant China Agritech, Inc. served on 7/18/2014, answer due 8/8/2014. Service of the Summons and Complaint were executed upon SUE RHEA, MANAGING AGENT FOR SERVICE OF PROCESS FOR CHINA AGRITECH, INC. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Manifold, Betsy)
July 28, 2014	Filing 17 PROOF OF SERVICE Executed by Plaintiff Michael H. Resh, upon Defendant Charles Law served on 7/17/2014, answer due 8/7/2014. Service of the Summons and Complaint were executed upon Charles Law, Individual in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Manifold, Betsy)
July 22, 2014	Filing 16 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
July 16, 2014	Filing 15 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV 11-01331 RGK(PJWx). Case transferred from Judge Audrey B. Collins and Magistrate Judge Ralph Zarefsky to Judge R. Gary Klausner and Magistrate Judge Patrick J. Walsh for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-05083 RGK(PJWx). Signed by Judge R. Gary Klausner (rn)
July 16, 2014	Filing 14 NOTICE TO ALL PARTIES AND ORDER. This matter has been transferred to the calendar of the Honorable R. Gary Klausner, United States District Judge. The parties are hereby notified that the reference to the ADR Program is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
July 7, 2014	Filing 13 21 DAY Summons Issued re Complaint 1 as to Defendants Gene Michael Bennett, Yu Chang, China Agritech, Inc., Lun Zhang Dai, Does, Charles Law, Yau-Sing Tang, Xiao Rong Teng, Zheng Wang, Hai Lin Zhang, Ming Fang Zhu. (bm)
July 3, 2014	Filing 12 CIVIL CASE MANAGEMENT ORDER upon filing of the complaint by Judge Audrey B. Collins. (cb)
July 1, 2014	Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff Michael H. Resh. (Manifold, Betsy)
July 1, 2014	Filing 10 NOTICE of Interested Parties filed by plaintiff Michael H. Resh, (Manifold, Betsy)
July 1, 2014	Filing 9 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Bruce G Murphy for Plaintiff Michael H. Resh. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (ghap)
July 1, 2014	Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 2 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap)
July 1, 2014	Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap)
July 1, 2014	Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
July 1, 2014	Filing 5 NOTICE OF ASSIGNMENT to District Judge Audrey B. Collins and Magistrate Judge Ralph Zarefsky. (ghap)
June 30, 2014	Filing 4 CIVIL COVER SHEET filed by Plaintiff MICHAEL H. RESH. (Manifold, Betsy)
June 30, 2014	Filing 3 NOTICE of Related Case(s) filed by plaintiff MICHAEL H. RESH. and Notice of Pendency of Other Actions or Proceedings Related Case(s): 11-1331, 13-3008 (Manifold, Betsy)
June 30, 2014	Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff MICHAEL H. RESH. (Manifold, Betsy)
June 30, 2014	Filing 1 COMPLAINT Receipt No: 0973-14047134 - Fee: $400, filed by plaintiff MICHAEL H. RESH. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Betsy C Manifold added to party MICHAEL H. RESH(pty:pla))(Manifold, Betsy)

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Search for this case: Michael H. Resh et al v. China Agritech, Inc. et al
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Defendant: Gene Michael Bennett
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Defendant: Yu Chang
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Defendant: China Agritech, Inc.
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Defendant: Lun Zhang Dai
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Defendant: Does
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Defendant: Charles Law
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Defendant: Yau-Sing Tang
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Defendant: Xiao Rong Teng
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Defendant: Zheng Wang
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Defendant: Hai Lin Zhang
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Defendant: Ming Fang Zhu
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Plaintiff: Michael H. Resh
Represented By:	Francis M Gregorek
Represented By:	Marisa C Livesay
Represented By:	Betsy C Manifold
Represented By:	Rachele R Rickert
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