In Re A-Power Energy Generation Systems Ltd Securities Litigation
| A Power Investor Group |
| Remo Richli, Jianmin Wu, Kin Kwong Peter Mak, Dilip Limaye, Michael Zhang, Jinxiang Lu, Edward Meng, Robert B Leckie, Zhenyu Fan, MSCM LLP and A Power Energy Generation Systems Ltd |
| Richard Levinson and Carlos Baeta |
| C Walter Ries, Paolo Bechini, Robert C Treadwell, Jr, Terry W Shaw, Ali Arar, Matthew J Sprunger and William J Rooney |
| A-Power Energy Generation Systems Ltd Securities Litigation |
| 2:2011ml02302 |
| December 16, 2011 |
| US District Court for the Central District of California |
| Carla Woehrle |
| George H Wu |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 127
AMENDED ORDER FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS AND PAYMENT OF ADMINISTRATIVE FEES AND EXPENSES by Judge George H. Wu: IS HEREBY ORDERED THAT: 1. The Claims Administrator, Kurtzman Carson Consultants LLC (KCC), shall be paid $200,000.00 from the Settlement Fund for fees and expenses incurred for services rendered in connection with the administration of theSettlement as detailed in Exhibit G to the Declaration of Markham Sherwood (pj)
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| Filing 125 Amendment to MOTION for Disbursement of Funds Settlement #124 Amended [Proposed] Order for Distribution of Class Settlement Funds and Payment of Administrative Fees and Expenses filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 126 MINUTES OF PLAINTIFF'S MOTION FOR DISTRIBUTION OF SETTLEMENTFUNDS AND PAYMENT OF ADMINISTRATIVE FEES AND EXPENSES #124 before Judge George H. Wu: Court and counsel confer. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Plaintiffs Motion is GRANTED. An amended proposed order will be filed forthwith. A nonappearance status conference is set for November 6, 2014. Court to issue order. Court Reporter: Katie Thibodeaux. (pj) |
| Filing 124 NOTICE OF MOTION AND MOTION for Disbursement of Funds Settlement filed by plaintiff A Power Investor Group. Motion set for hearing on 10/23/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Joy A. Kruse in Support of Plaintiffs' Motion for Distribution of Class Settlement Funds and Payment of Administrative Fees and Expenses, #2 Exhibit 1 to Kruse Declaration, #3 Exhibit 2 to Kruse Declaration, #4 Proposed Order for Distribution of Class Settlement Funds and Payment of Administrative Fees and Expenses)(Kruse, Joy) |
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Filing 123
ORDER AWARDING LEADCOUNSELS ATTORNEYS FEESAND REIMBURSEMENT OFEXPENSES by Judge George H. Wu,The Court hereby awards Lead Counsel attorneys fees of $808,500,plus expenses in the amount of $125,000, plus interest at the same rate and for thesame period of time as that earned by the Settlement Fund until paid. The Courtfinds that the amount of fees awarded is appropriate, fair, and reasonable given therisks of non-recovery, the time and effort involved, and the result obtained for the Class.The awarded attorneys fees and expenses and interest earned thereonshall immediately be paid to Lead Counsel subject to the terms, conditions, andobligations of the Stipulation, and in particular 13 thereof which terms,conditions, and obligations are incorporated herein. 7. Pursuant to 15 U.S.C. 78u-4(a)(4), the Court awards Lead PlaintiffA-Power Investor Group member Dr. Terry W. Shaw $1,500.00 for his time andexpenses in appearing at hearings in this matter. (pj)
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| Filing 122 NOTICE OF LODGING filed re Memorandum in Support of Motion, #117 (Attachments: #1 Exhibit Proposed Order Awarding Lead Counsel's Attorneys' Fees and Reimbursement of Expenses)(Kruse, Joy) |
| Filing 121 DECLARATION of Dr. Terry W. Shaw re Memorandum in Support of Motion, #117 filed by Plaintiff A Power Investor Group. (Attachments: #1 Proof of Service)(Kruse, Joy) |
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Filing 120
ORDER AND FINAL JUDGMENT by Judge George H. Wu, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED ANDDECREED THAT:1. The Court has jurisdiction over the subject matter of the Action,Plaintiffs, all Class Members and the Settling Defendants (see attached for further details) (MD JS-6, Case Terminated). (pj)
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| Filing 119 MINUTES OF LEAD PLAINTIFF'S MOTION FOR FINAL APPROVAL OFSETTLEMENT AND PLAN OF ALLOCATION #114 ; LEAD PLAINTIFF'S MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES #115 Motion Hearing held before Judge George H. Wu: The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. Based on the Tentative and for reasons stated on the record, the Plaintiffs Motion for Final Approval of Settlement and Plan of Allocation is GRANTED. Court will sign the Proposed Order [114-1] forthwith. Plaintiffs' Motion for Award of Attorneys' Fees and Reimbursement of Expenses, is TAKEN UNDER SUBMISSION. Plaintiff will have until August 27, 2013 to file a brief regarding the class representative award. Court to issue ruling. Court Reporter: Wil Wilcox. (pj) |
| Filing 118 DECLARATION of JOY A. KRUSE IN FURTHER SUPPORT OF MOTION for Settlement Approval of Final Approval of Settlement and Plan of Allocation #114 , MOTION for Attorney Fees #115 filed by Plaintiff A Power Investor Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kruse, Joy) |
| Filing 117 MEMORANDUM in Support of MOTION for Settlement Approval of Final Approval of Settlement and Plan of Allocation #114 , MOTION for Attorney Fees #115 -- MEMO IN FURTHER SUPPORT filed by Plaintiff A Power Investor Group. (Attachments: #1 Proof of Service)(Kruse, Joy) |
| Filing 116 DECLARATION of Joy A. Kruse in support of MOTION for Settlement Approval of Final Approval of Settlement and Plan of Allocation #114 , MOTION for Attorney Fees #115 filed by Plaintiff A Power Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kruse, Joy) |
| Filing 115 NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff A Power Investor Group. Motion set for hearing on 8/22/2013 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Kruse, Joy) |
| Filing 114 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Settlement and Plan of Allocation filed by plaintiff A Power Investor Group. Motion set for hearing on 8/22/2013 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order, #2 Proof of Service)(Kruse, Joy) |
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Filing 110
ORDER GRANTING LEAD PLAINTIFF'S APPLICATION TO FILE UNDER SEAL by Judge George H Wu: #107 (pj)
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| Filing 109 SEALED DOCUMENT- CONFIDENTIAL Supplemental Agreement to the Stipulation of Settlement. (mat) |
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Filing 113
ORDER FOR NOTICE AND HEARING by Judge George H. Wu, NOW, upon consent of the Parties, after review and consideration of theStipulation filed with the Court and the exhibits thereto, IT IS HEREBYORDERED that: 1. The Court, for purposes of this Order for Notice and Hearing, adopts all of the definitions set forth in the Stipulation. 2. Lead Counsel is authorized to act on behalf of the Class with respect to all acts required by the Stipulation or such other acts that are reasonably necessary to consummate the proposed Settlement set forth in the Stipulation. 3. Lead Counsel is authorized to retain the firm Kurtzman Carson Consultants LLC as the Claims Administrator to supervise and administer thenotice and claims procedures. (pj)
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| Filing 112 NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION If you purchased or otherwise acquired the securities of A-Power Energy Generation Systems, Ltd. (A-Power) during the period from March 17, 2008through and including June 27, 2011, you could get a payment from a class actionsettlement (the Settlement). Under law, a federal court has authorized this notice by ORDER OF Judge George H. Wu, (pj) |
| Filing 111 SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE SECURITIES OF A-POWER ENERGY GENERATION SYSTEMS, LTD. (A-POWER) BETWEEN MARCH 17, 2008 AND JUNE 27, 2011, INCLUSIVE. Further information may also be obtained by directing your inquiry in writing to the Claims Administrator, Kurtzman Carson Consultants LLC, at the addresslisted above. Please do not contact the Court. by Judge George H. Wu, (pj) |
| Filing 108 MINUTES OF TELEPHONIC CONFERENCE RE: LEAD PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT held before Judge George H Wu. Based on the Tentative and for reasons stated on the record, the Court approves the motion and sets a Final Approval Hearing for August 22, 2013 at 8:30 a.m. The final revised proposed order and notice will be filed forthwith. Court Reporter: Wil Wilcox. (lom) |
| Filing 107 APPLICATION TO FILE UNDER SEAL filed by Plaintiff A Power Investor Group. Lodged Proposed Order. (pj) |
| Filing 105 STIPULATION for Settlement for A-Power Investor Group filed by plaintiff A Power Investor Group. (Attachments: #1 Exhibit A - Order for Notice and Hearing, #2 Exhibit A-1 - Notice of Pendency and Settlement of Class Action, #3 Exhibit A-2 - Proof of Claim and Release, #4 Exhibit A-3 - Summary Notice, #5 Exhibit B -Order and Final Judgment)(Kruse, Joy) |
| Filing 104 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval [Lead Plaintiff's Amended Notice of Motion and Motion for Preliminary Approval of Proposed Settlement; and Memorandum of Points and Authorities in Support] filed by plaintiff A Power Investor Group. Motion set for hearing on 1/14/2013 at 08:30 AM before Judge George H Wu. (Attachments: #1 Proof of Service)(Kruse, Joy) |
| Filing 103 NOTICE Certificate of Service of Notice Under Class Action Fairness Act ("CAFA") filed by Defendant A Power Energy Generation Systems Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Crosson, Benjamin) |
| Filing 102 NOTICE of Manual Filing filed by Plaintiff A Power Investor Group of Confidential Supplemental Agreement to the Stipulation of Settlement; Lead Plaintiff's Notice of Application and Application to File Under Seal Pursuant to Local Rule 79-5.1; and [Proposed] Order Granting Application. (Kruse, Joy) |
| Filing 106 MINUTES OF Motion for Settlement #100 held before Judge George H Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument Based on the Tentative and for reasons stated on the record, Plaintiffs motion is GRANTED. Proposed Preliminary Approval Order and Notice will be filed by January 9, 2013. A Status Conference is set for January 14, 2013 at 8:30 a.m. The hearing will be taken off-calendar provided the Court approves order beforehand Court Reporter: Wil Wilcox. (kti) |
| Filing 101 STIPULATION for Settlement A Power Investor Group. (Attachments: #1 Exhibit A - ORDER FOR NOTICE AND HEARING, #2 Exhibit A-1 Notice of Pendency and Settlement of Class Action, #3 Exhibit A-2 Proof of Claim and Release, #4 Exhibit A-3 Summary Notice, #5 B - Order and Final Judgment)(Kruse, Joy) |
| Filing 100 NOTICE OF MOTION AND MOTION for Settlement Approval Lead Plaintiff's Notice of Motion and Motion for Preliminary Approval of Proposed Settlement; and Memorandum of Points and Authorities in Support A Power Investor Group. Motion set for hearing on 1/7/2013 at 08:30 AM before Judge George H Wu. (Attachments: #1 Proof of Service)(Kruse, Joy) |
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Filing 99
ORDER Granting Stipulation #98 by Judge George H Wu. It HEREBY ORDERSthat the Motion for Preliminary Approval be filed on December 7, 2012. (lom)
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| Filing 98 STIPULATION for Order A Power Energy Generation Systems Ltd, A Power Investor Group, Robert B Leckie, Dilip Limaye, MSCM LLP, Remo Richli. (Attachments: #1 Proposed Order)(Kruse, Joy) |
| Filing 97 MINUTES OF Status Conference held before Judge George H Wu. Settlement has been reached. The preliminary approval hearing is set for January 7, 2013 at 8:30 a.m. Parties may stipulate to the briefing schedule, except the reply, which will be filed by December 21, 2012. Court Reporter: Wil Wilcox. (kti) |
| Filing 96 STATUS REPORT filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 95 MINUTES OF Status Conference held before Judge George H Wu: Parties are instructed to file a joint report re anticipated matters before the Court by noon on November5, 2012. The status conference is continued to November 8, 2012 at 8:30 a.m. Court Reporter: Wil Wilcox. (pj) |
| Filing 94 STATUS REPORT filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
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Filing 93
ORDER GRANTING TEMPORARY STAY by Judge George H Wu, re Stipulation to Stay Case #92 IT HEREBY ORDERS that the current briefing schedule in the case(docket 89) shall be vacated and the case stayed for a period of forty-five (45) days from the date of this Order and a status conference is set for September 24, 2012 at 8:30 a.m. The parties can appear telephonically with advance arrangements withthe court clerk. A one-page joint status report will be field and a courtesy copy provided to the chambers by noon on September 20, 2012. (pj)
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| Filing 92 STIPULATION to Stay Case A Power Energy Generation Systems Ltd, A Power Investor Group, Remo Richli. (Attachments: #1 Proposed Order Granting Temporary Stay)(Kruse, Joy) |
| Filing 91 PROOF OF SERVICE VIA EMAIL AND U.S MAIL (SEE ATTACHED FOR FURTHER DETAILS) RE PROOF OF SERVICE OF CONSOLIDATED FIRST AMENDED CLASS ACTION COMPLAINT, PROOF OF SERVICE by serving on 7/16/2012 Executed by Plaintiffs Paolo Bechini, Robert C Treadwell, Jr, Terry W Shaw, Matthew J Sprunger, William J Rooney, A Power Investor Group, (pj) |
| Filing 90 CONSOLIDATED FIRST AMENDED CLASS ACTION COMPLAINT #27 ,filed by Plaintiffs Paolo Bechini, Robert C Treadwell, Jr, Terry W Shaw, Matthew J Sprunger, William J Rooney, A Power Investor Group (pj) |
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Filing 89
ORDER Granting Stipulation #88 by Judge George H Wu. IT IS HEREBY ORDERED THAT: 1. Defendants shall file an answer or motion to dismiss the Consolidated Amended Class Action Complaint on or before August 23, 2012. 2. Lead Plaintiff shall file its oppositions to any motions to dismiss on or before September 24, 2012. 3. Defendants shall file any reply in support of their motions to dismiss on or before October 15, 2012. 4. The motions to dismiss shall be heard on October 29, 2012 at 8:30 a.m. (lom)
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| Filing 88 Joint STIPULATION for Order Approving Stipulation Regarding Briefing Schedule filed by joint A Power Energy Generation Systems Ltd, A Power Investor Group, Robert B Leckie, Dilip Limaye, MSCM LLP, Remo Richli. (Attachments: #1 Proposed Order, #2 Proof of Service)(Kruse, Joy) |
| Filing 87 NOTICE of Change of Attorney Information for attorney Vahn Alexander counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation.Vahn Alexander is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff In Re A-Power Energy Generation Systems Ltd Securities Litigation (Alexander, Vahn) |
| Filing 86 TRANSCRIPT for proceedings held on Thursday, May 31, 2012, 10:09 A.M. Court Reporter: Wil S. Wilcox, phone number 213-290-2849. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/4/2012. Redacted Transcript Deadline set for 7/14/2012. Release of Transcript Restriction set for 9/11/2012. (Wilcox, Wil) |
| NOTICE OF FILING TRANSCRIPT filed for proceedings Thursday, May 31, 2012; 10:09 A.M. re Transcipt #86 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Wilcox, Wil) TEXT ONLY ENTRY |
| Filing 85 NOTICE of Change of Attorney Information for attorney Vahn Alexander counsel for Movant Carlos Baeta.Vahn Alexander is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Carlos Baeta (Alexander, Vahn) |
| Filing 84 MINUTES OF Motions Hearing #38 #41 #46 #55 #68 held before Judge George H Wu:Court hears oral argument. The tentative circulated and attached hereto, is adopted as the Court's final ruling. Defendants' motions are GRANTED WITH LEAVE TO AMEND. Plaintiffs will have until July 16, 2012 to manually file a First Amended Complaint. Court Reporter: Wil Wilcox. (jre) |
| Filing 83 NOTICE of Supplemental Authority in Support of Lead Plaintiff's Oppositions to Defendants' Motions to Dismiss filed by Plaintiff A Power Investor Group. (Attachments: #1 Affidavit Proof of Service via CM/ECF and U.S. Mail)(Kruse, Joy) |
| Filing 82 REPLY in Support of MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #38 , MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 filed by Defendants Robert B Leckie, Dilip Limaye. (Rising, Kevin) |
| Filing 81 REQUEST FOR JUDICIAL NOTICE Reply in Further Support of its Request for Judicial Notice filed by Defendant A Power Energy Generation Systems Ltd, A-Power Energy Generation Systems Ltd Securities Litigation. (Feldman, Boris) |
| Filing 80 REPLY In Support of Corrected MOTION to Dismiss Case #46 filed by Defendant A Power Energy Generation Systems Ltd, In Re: A-Power Energy Generation Systems Ltd Securities Litigation. (Attachments: #1 Declaration, #2 Declaration)(Feldman, Boris) |
| Filing 79 REPLY in Support of Motion MOTION to Dismiss Case Consolidated Class Action Complaint #55 filed by Defendant MSCM LLP. (Compean, Efren) |
| Filing 78 NOTICE of Dismissal of filed by Plaintiff C Walter Ries. of Member Case Dismissal without Prejudice (Attachments: #1 Exhibit 1)(Downs, Travis) |
| Filing 77 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/26/2012 9:53 a.m. (Cuneo, Patricia) |
| Filing 76 TRANSCRIPT for proceedings held on 4/26/2012 9:53 a.m. Court Reporter: PAT CUNEO, CSR 1600, website: www.patcuneo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 6/6/2012. Redacted Transcript Deadline set for 6/16/2012. Release of Transcript Restriction set for 8/14/2012. (Cuneo, Patricia) |
| Filing 75 Opposition re: MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 TO DEFENDANT DILIP LIMAYES MOTION TO DISMISS filed by Plaintiff A Power Investor Group. (Attachments: #1 Proof of Service)(Kruse, Joy) |
| Filing 74 MEMORANDUM in Opposition to MOTION to Dismiss Case Consolidated Class Action Complaint #55 filed by Plaintiff A Power Investor Group. (Attachments: #1 Proof of Service)(Kruse, Joy) |
| Filing 73 AMENDED PROOF OF SERVICE filed by defendant Dilip Limaye, re MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 served on May 4, 2012. (Nichols, Katherine) |
| Filing 72 PROOF OF SERVICE filed by defendant Dilip Limaye, re MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 , Declaration of Brian J. Slipakoff, Certification and Notice of Interested Parties, Request for Judicial Notice and [Proposed] Order served on May 3, 2012. (Nichols, Katherine) |
| Filing 71 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 filed by defendant Dilip Limaye. (Nichols, Katherine) |
| Filing 70 CERTIFICATE of Interested Parties filed by Defendant Dilip Limaye, identifying parties as indicated on certificate. (Nichols, Katherine) |
| Filing 69 DECLARATION of Brian J. Slipakoff in support of MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #68 filed by Defendant Dilip Limaye. (Nichols, Katherine) |
| Filing 68 NOTICE OF MOTION AND MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities filed by defendant Dilip Limaye. Motion set for hearing on 5/31/2012 at 09:00 AM before Judge George H Wu. (Attachments: #1 Proposed Order on Defendant Dilip Limaye's Motion to Dismiss)(Nichols, Katherine) |
| Filing 67 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF LEAD PLAINTIFFS OPPOSITION TO A-POWER ENERGY GENERATION SYSTEMS, LTD.S MOTION TO DISMISS filed by Plaintiff A Power Investor Group. (Attachments: #1 Declaration of Joy A. Kruse, #2 Exhibit s to Declaration of Joy A. Kruse, #3 Proposed Order)(Kruse, Joy) |
| Filing 66 MEMORANDUM in Opposition to MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #38 filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 65 MEMORANDUM in Opposition to MOTION to Dismiss Case #41 OPPOSITION TO DEFENDANT A-POWER ENERGY GENERATION SYSTEMS, LTD.S REQUEST FOR JUDICIAL NOTICE filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 64 MEMORANDUM in Opposition to MOTION to Dismiss Case #41 filed by Plaintiff A Power Investor Group. (Attachments: #1 Declaration of Joy A. Kruse, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proof of Service)(Kruse, Joy) |
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Filing 63
ORDER by Judge George H Wu: granting #58 Application to Appear Pro Hac Vice by Attorney Rebecca M. Lamberth on behalf of Dilip R. Lamaye, designating Katherine L. Nichols as local counsel. (lt)
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Filing 62
ORDER by Judge George H Wu: granting #57 Application to Appear Pro Hac Vice by Attorney Brian J. Slipakoff on behalf of Dilip R. Lamaye, designating Katherine L. Nichols as local counsel. (lt)
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| Filing 61 MINUTES of hearing on Plaintiff's Motion to Authorize Service of Two Individual Defendants Pursuant to FRCP 4(f)(3) #32 held before Judge George H Wu: Court hears oral argument. Based on the tentative circulated and attached hereto, and for the reasons stated on the record, Plaintiffs motion is DENIED WITHOUT PREJUDICE. Court Reporter: Pat Cuneo. (jre) |
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Filing 60
ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANT DILIP R. LIMAYE by Judge George H Wu. Having considered the Stipulation Regarding Briefing Schedule #56 that Defendant Limaye shall file his answer or motion to dismiss the Consolidated Class Action Complaint on or before 5/3/2012. Lead Plaintiff shall file its opposition to any motion to dismiss filed by Limaye on or before 5/14/2012. Defendant Limaye shall file any reply in support of its motion to dismiss on or before 5/21/2012. The Court shall hear any motion to dismiss filed by defendant Limaye on the same day and time that motions to dismiss filed by defendants A-Power Energy Generation Systems, Ltd., MSCM LLP, and Robert Leckie are scheduled to be heard 5/31/2012 at 9:00 AM. (jp)
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| Filing 59 PROOF OF SERVICE filed by defendant Dilip Limaye, re APPLICATION for attorney Rebecca M. Lamberth to Appear Pro Hac Vice (PHV FEE NOT PAID.) #58 , APPLICATION for attorney Brian J. Slipakoff to Appear Pro Hac Vice (PHV FEE NOT PAID.) #57 served on April 26, 2012. (Nichols, Katherine) |
| Filing 58 APPLICATION for attorney Rebecca M. Lamberth to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by defendant Dilip Limaye. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Nichols, Katherine) |
| Filing 57 APPLICATION for attorney Brian J. Slipakoff to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by defendant Dilip Limaye. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Nichols, Katherine) |
| Filing 56 Joint STIPULATION for Order approving STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANT DILIP R. LIMAYE filed by plaintiff A Power Investor Group. (Attachments: #1 Proposed Order)(Kruse, Joy) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case Consolidated Class Action Complaint filed by Defendant MSCM LLP. Motion set for hearing on 5/31/2012 at 09:00 AM before Judge George H Wu. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Efren A. Compean, #5 Exhibit 3, #6 Certification & Notice of Interested Parties)(Compean, Efren) |
| Filing 54 DECLARATION of Joy A. Kruse IN SUPPORT OF MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 53 REPLY IN SUPPORT OF MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 52 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Defendant A Power Energy Generation Systems Ltd. (Feldman, Boris) |
| Filing 51 DECLARATION of Benjamin M. Crosson in Opposition to MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Defendant A Power Energy Generation Systems Ltd. (Attachments: #1 Exhibit 1 through 8)(Feldman, Boris) |
| Filing 50 MEMORANDUM in Opposition to MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Defendant A Power Energy Generation Systems Ltd. (Attachments: #1 Proposed Order)(Feldman, Boris) |
| Filing 48 NOTICE OF LODGING filed re MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #38 (Attachments: #1 Proposed Order Granting Defendant Robert B. Leckie's Motion to Dismiss)(Schmeltz, Vincent) |
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Filing 49
ORDER by Judge George H Wu,IT IS HEREBY ORDERED THAT: 1. Defendant MSCM shall file its answer or motion to dismiss the Consolidated Class Action Complaint on or before April 16, 2012. 2. Lead Plaintiff shall file its opposition to any motion to dismiss filed by MSCM on or before May 4, 2012. 3. Defendant MSCM shall file any reply in support of its motion to dismiss on or before May 21, 2012. 4. The Court shall hear any motion to dismiss filed by MSCM on the same day and time that motions to dismiss filed by defendants A-Power EnergyGeneration Systems, Ltd. and Robert Leckie are scheduled to be heard, May 31,2012 at 9:00 a.m. (pj)
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| Filing 47 REQUEST FOR JUDICIAL NOTICE Corrected filed by defendant A Power Energy Generation Systems Ltd. (Feldman, Boris) |
| Filing 46 NOTICE OF MOTION AND Corrected MOTION to Dismiss Case filed by defendant A Power Energy Generation Systems Ltd. Motion set for hearing on 5/31/2012 at 09:00 AM before Judge George H Wu. (Attachments: #1 Proposed Order)(Feldman, Boris) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE filed by Defendant A Power Energy Generation Systems Ltd. (Feldman, Boris) |
| Filing 44 DECLARATION of Catherine Shiang In Support of MOTION to Dismiss Case #41 filed by Defendant A Power Energy Generation Systems Ltd. (Attachments: #1 Exhibit A-F)(Feldman, Boris) |
| Filing 43 DECLARATION of Benjamin M. Crosson In Support of MOTION to Dismiss Case #41 filed by Defendant A Power Energy Generation Systems Ltd. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-10, #3 Exhibit 11-17)(Feldman, Boris) |
| Filing 42 MEMORANDUM in Support of Motion to Dismiss filed by Defendant A Power Energy Generation Systems Ltd. (Feldman, Boris) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant A Power Energy Generation Systems Ltd. Motion set for hearing on 5/31/2012 at 09:00 AM before Judge George H Wu. (Feldman, Boris) |
| Filing 40 NOTICE Notice of Motion and Motion to Dismiss filed by Defendant A Power Energy Generation Systems Ltd. (Feldman, Boris) |
| Filing 39 DECLARATION of Vincent P. Schmeltz III in Support of MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities #38 filed by Defendant Robert B Leckie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schmeltz, Vincent) |
| Filing 38 NOTICE OF MOTION AND MOTION to Dismiss Case and Supporting Memorandum of Points and Authorities filed by Defendant Robert B Leckie. Motion set for hearing on 5/31/2012 at 09:00 AM before Judge George H Wu. (Schmeltz, Vincent) |
| Filing 37 Joint STIPULATION for Order approving STIPULATION REGARDING BRIEFING SCHEDULE FOR DEFENDANT MSCM LLP filed by lead plaintiff A Power Investor Group. (Attachments: #1 Proposed Order)(Kruse, Joy) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff A Power Investor Group, upon Defendant Service of the Summons and Complaint were executed upon Rosario Suppa in compliance with statute not specified by method of service not specified. Original Summons returned. (Kruse, Joy) |
| Filing 35 DECLARATION of Karina Shreefer in support of MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 34 DECLARATION of Joy A. Kruse in support of MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Plaintiff A Power Investor Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruse, Joy) |
| Filing 33 MEMORANDUM in Support of MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) #32 filed by Plaintiff A Power Investor Group. (Kruse, Joy) |
| Filing 32 NOTICE OF MOTION AND MOTION for Order for authorize service of two individual defendants pursuant to Federal Rule of Civil Procedure 4(f)(3) filed by plaintiff A Power Investor Group. Motion set for hearing on 4/26/2012 at 08:30 AM before Judge George H Wu. (Attachments: #1 Proposed Order)(Kruse, Joy) |
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Filing 31
ORDER REGARDING PRETRIAL SCHEDULING #29 , by Judge George H Wu A-Power and Mr. Leckie shall file their answer or motion to dismiss the Amended Complaint on or before April 2, 2012 (pj)
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| Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff A Power Investor Group. Waiver of Service signed by Rebecca M. Lamberth. (Kruse, Joy) |
| Filing 29 STIPULATION to Clarify Date on which A-Power and/or Mr. Leckie will file Answer or Motion to Dismiss in response to Amended Complaint, Re: Stipulation for Order, #22 , filed by Defendant A Power Energy Generation Systems Ltd.(Crosson, Benjamin) |
| Filing 28 PROOF OF SERVICE OF CONSOLIDATED CLASS ACTION COMPLAINT VIA EMAIL AND US MAIL Executed by Plaintiff A Power Investor Group, upon Defendants Original Summons NOT returned. (SEE ATTACHED FOR FURTHER DETAILS) (pj) |
| Filing 27 CONSOLIDATED CLASS ACTION COMPLAINT #1 ; JURY DEMAND,filed by Plaintiffs A Power Investor Group, Matthew J Sprunger, Robert C Treadwell, Jr, Paolo Bechini, Terry W Shaw, William J Rooney (Attachments: #1 Summons Issued)(pj) |
| 21 DAY Summons Issued re Consolidated Complaint #27 as to Defendants Zhenyu Fan, Robert B Leckie, Dilip Limaye, Jinxiang Lu, MSCM LLP, Edward Meng, Remo Richli, Jianmin Wu, Michael Zhang. (pj) |
| Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS: by Javier Gonzalez Deputy Clerk for Judge George H Wu. The document is stricken. Pursuant to Local Rule 83.2.11 - No Communication with the Judge by Letter. RE: Notice (Other) #24 (pj) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #24 . The following error(s) was found: Incorrect event selected.Title page is missing. Other error(s) with document(s): Pursuant to Local Rule 83.2.11 no communicating with the Judge by Letter. Prepare documents in formal manner as required by local rules. Use appropriate Events.. 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. (pj) |
| Filing 24 NOTICE Letter from Daniel Sommers to Hon. George Wu filed by Lead Plaintiff Movant Richard Levinson A-Power Energy Generation Systems Ltd Securities Litigation. (Kaplan, Matthew)****STRICKEN PURSUANT TO RESPONSE FILED ON 2/8/2012**** Modified on 2/8/2012 (pj). |
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Filing 23
PRETRIAL SCHEDULING ORDER by Judge George H Wu, re Stipulation for Order, #22 IT IS HEREBY ORDERED THAT: 1. Lead Plaintiff shall file its Consolidated Amended Class Action Complaint by March 1, 2012. Defendants shall file their answer or motion to dismiss the AmendedComplaint on or before March 31, 2012. opposition to any motion to dismiss on orbefore April 30, 2012. Defendants shall file any reply in support of their motion to dismiss on or before May 21, 2012. The matter will be heard on May 31, 2012 at 9:00 a.m. The Scheduling Conference set for February 2, 2012, is taken off calendar. (pj)
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| Filing 22 Joint STIPULATION for Order re Pretrial Scheduling filed by Lead Plaintiff A-Power Energy Generation Systems Ltd Securities Litigation. (Attachments: #1 Proposed Order Pretrial Scheduling Order, #2 Proof of Service via ECF and U.S. Mail)(Kruse, Joy) |
| Filing 21 NOTICE of Change of Attorney Information for attorney Boris Feldman counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Adding Benjamin M. Crosson as attorney as counsel of record for A-Power Energy Generation Systems Ltd for the reason indicated in the G-06 Notice. Filed by Defendant A-Power Energy Generation Systems Ltd (Feldman, Boris) |
| Filing 20 NOTICE of Change of Attorney Information for attorney Boris Feldman counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Adding Cynthia A. Dy as attorney as counsel of record for A-Power Energy Generation Systems, Ltd for the reason indicated in the G-06 Notice. Filed by Defendant A-Power Energy Generation Systems Ltd (Feldman, Boris) |
| Filing 19 NOTICE of Change of Attorney Information for attorney Vincent Paul Schmeltz, III counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Adding Vincent Paul (Trace) Schmeltz III as attorney as counsel of record for Defendant Robert B. Leckie for the reason indicated in the G-06 Notice. Filed by Defendant Robert B. Leckie (Schmeltz, Vincent) |
| Filing 18 NOTICE of Change of Attorney Information for attorney Kevin D Rising counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Adding Kevin Dale Rising as attorney as counsel of record for Defendant Robert B. Leckie for the reason indicated in the G-06 Notice. Filed by Defendant Defendant Robert B. Leckie (Rising, Kevin) |
| Filing 17 NOTICE of Appearance (Luedeke, Erik) |
| Filing 16 NOTICE of Appearance (Goodman, Benny) |
| Filing 15 NOTICE of Appearance (Downs, Travis) |
| Filing 13 NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, January 9, 2012, 9:44 A.M (dc) |
| Filing 12 TRANSCRIPT for proceedings held on Monday, January 9, 2012, 9:44 A.M.. Court Reporter/Electronic Court Recorder: Pat Cuneo, phone number (213) 617-1817. 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 2/3/2012. Redacted Transcript Deadline set for 2/13/2012. Release of Transcript Restriction set for 4/12/2012. (dc) |
| Filing 11 NOTICE of Change of address by Vahn Alexander attorney for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Changing attorneys address to 10866 Wilshire Blvd., Suite 1470, Los Angeles, CA 90024. Filed by In Re: A-Power Energy Generation Systems Ltd Securities Litigation. (Alexander, Vahn) |
| Filing 10 NOTICE of Change of Attorney Information for attorney Joy A. Kruse filed by Lead Plaintiff A-Power Energy Generation Systems Ltd Securities Litigation. (Kruse, Joy) |
| Filing 9 NOTICE of Change of Attorney Information for attorney Richard M. Heimann filed by Lead Plaintiff A-Power Energy Generation Systems Ltd Securities Litigation. (Kruse, Joy) |
| Filing 8 NOTICE of Change of Attorney Information for attorney Matthew B Kaplan counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Changing e-mail to mkaplan@cohenmilstein.com. Adding Matthew B. Kaplan as attorney as counsel of record for Richard Levinson for the reason indicated in the G-06 Notice. Filed by Movant Richard Levinson (Kaplan, Matthew) |
| Filing 7 NOTICE of Change of Attorney Information for attorney Boris Feldman counsel for In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Adding Boris Feldman as attorney as counsel of record for A-Power Energy Generation Systems, Ltd for the reason indicated in the G-06 Notice. Filed by Defendant A-Power Energy Generation Systems, Ltd. (Feldman, Boris) |
| Filing 14 MINUTES OF MOTIONS; STATUS CONFERENCE RE MDL 2302 before Judge George H Wu: The tentative circulated and attached hereto, is adopted as the Court's final ruling. A-Power Investor Group's Motion for Consolidation of All Related Cases, Appointment as Lead Plaintiff, and Approval of Lead Counsel is GRANTED. Richard Levinson's Motion for Consolidation, for Appointment as Lead Plaintiff and for Approval of Lead Plaintiffs Selection of Lead Counsel is GRANTED as to consolidation and DENIED as to appointment of lead counsel. Leonard Steinberg's Motion for Consolidation of Related Actions, to Be Appointed as Lead Plaintiff and for Approval of His Choice of Counsel is GRANTED as to consolidation and DENIED as to appointment of lead counsel. Jason Li's Motion to Consolidate All Related Actions; and for Appointment as Lead Plaintiff, and Approval of Choice of Counsel is GRANTED as to consolidation and DENIED as to appointment of lead counsel. The Proposed Lead Plaintiff Carlos Baeta's Motion for Appointment of Carlos Baeta as Lead Plaintiff Pursuant to 21D of the Securities Exchange Act of 1934 and for Approval of Lead Plaintiffs Choice of Lead Counsel is DENIED. A Scheduling Conference re Class Certification is set for 2/2/2012 at 8:30 AM. Parties will file a stipulation re scheduling by no later than 1/31/2012. Counsel are reminded that all subsequent documents will now be filed in the MDL 11-2302 docket. Counsel can add parties/attorneys in the MDL matter by filing a G-06 form or by filing a notice of appearance. Court Reporter: Pat Cuneo. (jp) |
| Filing 6 PRAECIPE filed by In Re: A-Power Energy Generation Systems Ltd Securities Litigation ; Request by Movant Richard Levinson to be added to docket (Kaplan, Matthew) |
| Filing 5 NOTICE LEAD PLAINTIFF MOVANT JASON LIS NOTICE OF SUPPLEMENTAL AUTHORITY filed by Movant A-Power Energy Generation Systems Ltd Securities Litigation. (Attachments: #1 Exhibit 1)(Rosen, Laurence) |
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Filing 4
ORDER by Judge George H Wu,, The pending motions for appointment as lead plaintiff and approval of selection of lead counsel shall be heard by this Court on January 9, 2012, at 8:30 a.m. All filings in that matter are to be provided to the Court bynoon on January 3, 2012. (pj)
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| Filing 3 OF SERVICE filed by MOVANT A-Power Energy Generation Systems Ltd Securities Litigation, re Stipulation for Hearing #2 served on 12/22/2011. (Kruse, Joy) |
| Filing 2 STIPULATION for Hearing re APPOINTMENT OF LEAD PLAINTIFF filed by MOVANT A-Power Energy Generation Systems Ltd Securities Litigation. (Attachments: #1 Proposed Order PROPOSED ORDER)(Kruse, Joy) |
| Filing 1 CERTIFIED COPY OF TRANSFER ORDER from Judicial Panel on Multidistrict Litigation received creating Master Docket MDL 2:11-ml-2302 GW (CWx), In Re: A-Power Energy Generation Systems Ltd Securities Litigation. Case assigned to Judge George H Wu for the purpose of pretrial proceedings. Consolidating Cases: CV 11-5509 GW (CWx); CV 11-5649 VBF (Ex); CV 11-10395 GW (CWx) and CV 11-10396 GW (CWx). (et) |
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