Tang et al v. CITIC Capital Holdings Ltd. et al
| JOHN YONG TANG and Faris Al Kooheji |
| CITIC CAPITAL HOLDINGS LTD., CITIC Limited, CITIC Capital Partners LLC, ZT BIOPHARMACEUTICAL LLC, YICHEN ZHANG, YONG KAI WONG, Hans Allegaert, KENNETH A. MARTINDALE, TRICIA K. TOLIVAR, Cameron Lawrence, Susan M Canning, ALAN D. FELDMAN, MICHAEL F. HINES, AMY B. LANE, PHILIP E. MALLOTT, MICHELE S. MEYER, ROBERT F. MORAN, Evercore Inc., GREGORY BERUBE, ABC COMPANY and John Doe |
| GNC Holdings, LLC |
| 1:2024cv00198 |
| February 14, 2024 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing 86
ORDER - IT IS HEREBY ORDERED that this case is REFERRED to the United States Bankruptcy Court for the District of Delaware. The Clerk is directed to CLOSE C.A. No. 24-198 (MN). ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 2/26/2024. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 85 Local Counsel Letter sent. Notice of Compliance deadline set for 3/15/2024. (jfm) |
| Filing 84 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:23-cv-01195. Copy of Docket Sheet and original file |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(yv) [Transferred from New York Southern on 2/14/2024.] |
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Filing 83
ORDER granting #54 Motion to Transfer CasePlaintiffs allege RICO violations arising in the context of bankruptcy proceedings involving GNC. Plaintiffs first suit in the District of New Jersey was transferred to the District of Delaware because the allegations turned on the integrity of GNCs Chapter 11 proceedings in Delaware Bankruptcy Court. Tang, et al. v. CITIC Capital Holdings Ltd., No. 2:21-cv-17008-JXN-AME (D.N.J. Apr. 4, 2022), ECF No. 50. The district court promptly referred the case to the Delaware Bankruptcy Court. Plaintiffs then dismissed their case and refiled a substantially similar complaint in this court. Defendants move to transfer the case to the District of Delaware.For the same reasons stated in the DNJ transfer order and opinion, Defendants motion to transfer the case to the District of Delaware is granted. In re PCH Assocs., 949 F.2d 585, 592 (2d Cir. 1991); 28 U.S.C. 1412. The factors assessed for transfer, cited by the District Court of New Jersey, are applicable here as well. See In re Manville Forest Prods. Corp., 896 F.2d 1384, 1391 (2d Cir. 1990) (the district in which the underlying bankruptcy case is pending is presumed to be the appropriate district for hearing and determination of a proceeding in bankruptcy.).Defendants also have moved to dismiss the complaint for failure to allege a legally sufficient claim for relief, and for attorneys' fees. These motions are to be transferred to the District of Delaware.The Clerk of Court shall terminate Defendants motion to transfer (ECF Nos. 54) and all pending motions, and transfer the file to the Clerk of the District Court for the District of Delaware. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) [Transferred from New York Southern on 2/14/2024.]
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| Filing 82 REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Hans Allegaert, CITIC Capital Partners LLC, GNC Holdings, LLC, Cameron Lawrence, ZT Biopharmaceutical LLC..(Sprinzen, Nicole) [Transferred from New York Southern on 2/14/2024.] |
| Filing 81 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss Plaintiffs' Class Action Complaint. . Document filed by Gregory Berube, Evercore Inc...(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
| Filing 80 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d). . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 79 REPLY MEMORANDUM OF LAW in Support re: #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware. . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 78 REPLY MEMORANDUM OF LAW in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations. . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 77 DECLARATION of John Y. Tang in Opposition re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d)., #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware.. Document filed by Faris Al Kooheji, John Yong Tang. (Attachments: #1 Exhibit Emails Among Counsel-Reiss, #2 Exhibit Emails Among Counsel-Sprinzen, #3 Exhibit Emails Among Counsel-Reiss).(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 76 MEMORANDUM OF LAW in Opposition re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d). . Document filed by Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 75 MEMORANDUM OF LAW in Opposition re: #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware. . Document filed by Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 74 MEMORANDUM OF LAW in Opposition re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations. . Document filed by Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 73 MEMORANDUM OF LAW in Opposition re: #51 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 72 MEMORANDUM OF LAW in Opposition re: #47 MOTION to Dismiss Plaintiffs' Class Action Complaint. . Document filed by Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
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Filing 71
STIPULATION AND ORDER REGARDING EXTENSION AND ADJOURNMENT, Motions terminated: #70 CONSENT LETTER MOTION for Extension of Time and Adjournment addressed to Judge Alvin K. Hellerstein from Daniel Scott Schecter dated June 26, 2023. filed by Tricia K Tolivar, Susan M Canning, Kenneth A Martindale, Alan D Feldman, Amy B Lane, Michele S Meyer, Michael F Hines, Robert F Moran, Philip E Mallott., NOW, THEREFORE, it is hereby stipulated and agreed, by and among Plaintiffs and the Stipulating Defendants, subject to the Court's approval, as follows: 1. Plaintiffs shall file any oppositions to the Stipulating Defendants' Motions to Dismiss, Motion to Transfer, and Motion for Costs on or before September 14, 2023; 2. The Stipulating Defendants shall file any replies to Plaintiffs' oppositions to the Motions to Dismiss, Motion to Transfer, and Motion for Costs on or before October 30, 2023; 3. The initial scheduling conference currently set for July 7, 2023, and any associated case management or discovery-related obligations of the Parties, shall be adjourned until the Court rules on the Motions to Dismiss and/or Motion to Transfer, or until such other date and time as the Court may set; and 4. Nothing in this Stipulation shall be construed as a waiver or forfeiture of any claim, right, or defense of the Stipulating Defendants, including without limitation any defenses based on insufficient service of process, personal jurisdiction, and/or venue, all of which are expressly reserved. IT IS SO STIPULATED AND AGREED TO THIS 26th DAY OF JUNE, 2023. (Signed by Judge Alvin K. Hellerstein on 6/26/2023) ( Replies due by 10/30/2023., Responses due by 9/14/2023) (ks) [Transferred from New York Southern on 2/14/2024.]
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| Filing 70 CONSENT LETTER MOTION for Extension of Time and Adjournment addressed to Judge Alvin K. Hellerstein from Daniel Scott Schecter dated June 26, 2023. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Text of Proposed Order // Stipulation and [Proposed] Order regarding Extension and Adjournment).(Schecter, Daniel) [Transferred from New York Southern on 2/14/2024.] |
| Filing 69 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Jacks Management (Suzhou) Limited, Corporate Parent Harbin Pharmaceuticals Group Limited for GNC Holdings, LLC, ZT Biopharmaceutical LLC; Corporate Parent CITIC Capital Holdings Ltd. for CITIC Capital Partners LLC. Document filed by CITIC Capital Partners LLC, GNC Holdings, LLC, ZT Biopharmaceutical LLC..(Sprinzen, Nicole) [Transferred from New York Southern on 2/14/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Nicole Sprinzen to RE-FILE Document No. #50 Rule 7.1 Corporate Disclosure Statement,,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) [Transferred from New York Southern on 2/14/2024.] |
| Filing 68 DECLARATION of Robert F. Moran in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 67 DECLARATION of Philip E. Mallott in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 66 DECLARATION of Amy B. Lane in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 65 DECLARATION of Michael F. Hines in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 64 DECLARATION of Alan D. Feldman in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 63 DECLARATION of Susan M. Canning in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 62 DECLARATION of Michele S. Meyer in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 61 DECLARATION of Tricia K. Tolivar in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 60 DECLARATION of Kenneth A. Martindale in Support re: #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware., #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 59 DECLARATION of Michael J. Reiss in Support re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d)., #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware., #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Exhibit 1 - Confirmation Order, #2 Exhibit 2 - Sale Order, #3 Exhibit 3 - Bankruptcy Plan, #4 Exhibit 4 - Notice of Entry, #5 Exhibit 5 - Bankruptcy Order and Final Decree, #6 Exhibit 6 - DNJ Complaint, #7 Exhibit 7 - DNJ Motion to Transfer, #8 Exhibit 8 - DNJ Motion to Dismiss, #9 Exhibit 9 - Opposition to DNJ Motion to Transfer, #10 Exhibit 10 - DNJ Letter Order, #11 Exhibit 11 - DNJ Motion to Transfer Reply, #12 Exhibit 12 - DNJ Opinion, #13 Exhibit 13 - DNJ Order, #14 Exhibit 14 - DDE Order, #15 Exhibit 15 - Notice of Voluntary Dismissal, #16 Exhibit 16 - Complaint Redline, #17 Exhibit 17 - SDNY Email Among Counsel, #18 Exhibit 18 - SDNY Class Action Complaint).(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 58 NOTICE of Request for Judicial Notice re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d)., #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware., #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations.. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d). . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 56 MOTION for Attorney Fees // Moving Defendants' Motion for Costs Pursuant to Federal Rule of Civil Procedure 41(d). Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Exhibit - Table of Contents).(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 55 MEMORANDUM OF LAW in Support re: #54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware. . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 54 MOTION to Transfer Case // Moving Defendants' Motion to Transfer to the District of Delaware. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Exhibit - Table of Contents).(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 53 MEMORANDUM OF LAW in Support re: #52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations. . Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 52 MOTION to Dismiss // The GNC D&O Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and Motion to Strike Class Allegations. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Exhibit - Table of Contents).(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 51 MOTION to Dismiss Plaintiffs' Complaint. Document filed by Hans Allegaert, CITIC Capital Partners LLC, GNC Holdings, LLC, Cameron Lawrence, ZT Biopharmaceutical LLC. (Attachments: #1 Supplement Memorandum of Law in Support, #2 Exhibit 1 - Cameron Lawrence Declaration, #3 Exhibit 2 - Hans Allegaert Declaration, #4 Text of Proposed Order for Motion to Dismiss).(Sprinzen, Nicole) [Transferred from New York Southern on 2/14/2024.] |
| Filing 50 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Harbin Pharmaceuticals Group Limited for ZT Biopharmaceutical LLC; Corporate Parent CITIC Capital Holdings Ltd. for CITIC Capital Partners LLC; Corporate Parent ZT Biopharmaceutical LLC for GNC Holdings, LLC. Document filed by CITIC Capital Partners LLC, GNC Holdings, LLC, ZT Biopharmaceutical LLC..(Sprinzen, Nicole) Modified on 6/16/2023 (lb). [Transferred from New York Southern on 2/14/2024.] |
| Filing 49 DECLARATION of Stefania D. Venezia in Support re: #47 MOTION to Dismiss Plaintiffs' Class Action Complaint.. Document filed by Gregory Berube, Evercore Inc.. (Attachments: #1 Exhibit A - Declaration of Gregory Berube).(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
| Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss Plaintiffs' Class Action Complaint. . Document filed by Gregory Berube, Evercore Inc...(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
| Filing 47 MOTION to Dismiss Plaintiffs' Class Action Complaint. Document filed by Gregory Berube, Evercore Inc...(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
| Filing 46 NOTICE OF APPEARANCE by Stefania Di Trolio Venezia on behalf of Gregory Berube, Evercore Inc...(Venezia, Stefania) [Transferred from New York Southern on 2/14/2024.] |
| Filing 45 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Evercore Inc...(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
| Filing 44 NOTICE OF APPEARANCE by John A. Neuwirth on behalf of Gregory Berube, Evercore Inc...(Neuwirth, John) [Transferred from New York Southern on 2/14/2024.] |
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Filing 43
SCHEDULING ORDER: The parties are hereby ordered to appear for an initial conference on July 7, 2023, at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749. Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Parties are advised to consult my Individual Rules to determine what additional documents, if any, must be submitted to me in advance of the conference. Finally, no later than July 5, 2023, at 4:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Initial Conference set for 7/7/2023 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/14/2023) (tg) [Transferred from New York Southern on 2/14/2024.]
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Filing 42
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #21 Motion for Michael J. Reiss to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 6/12/2023) (ks) [Transferred from New York Southern on 2/14/2024.]
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Filing 41
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #37 Motion for Nicole H. Sprinzen to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 6/12/2023) (ks) [Transferred from New York Southern on 2/14/2024.]
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Filing 40
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #20 Motion for Daniel S. Schecter to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 6/12/2023) (ks) [Transferred from New York Southern on 2/14/2024.]
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Answer re #38 CONSENT LETTER MOTION for Extension of Time to File Answer and for Entry of Briefing Schedule addressed to Judge Alvin K. Hellerstein from Daniel Scott Schecter dated March 30, 2023.. Hans Allegaert answer due 6/15/2023; Gregory Berube answer due 6/15/2023; CITIC Capital Partners LLC answer due 6/15/2023; Susan M Canning answer due 6/15/2023; Evercore Inc. answer due 6/15/2023; Alan D Feldman answer due 6/15/2023; GNC Holdings, LLC answer due 6/15/2023; Michael F Hines answer due 6/15/2023; Amy B Lane answer due 6/15/2023; Cameron Lawrence answer due 6/15/2023; Philip E Mallott answer due 6/15/2023; Kenneth A Martindale answer due 6/15/2023; Michele S Meyer answer due 6/15/2023; Robert F Moran answer due 6/15/2023; Tricia K Tolivar answer due 6/15/2023; ZT Biopharmaceutical LLC answer due 6/15/2023. (Signed by Judge Alvin K. Hellerstein on 4/3/2023) (ks) [Transferred from New York Southern on 2/14/2024.]
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| Filing 38 CONSENT LETTER MOTION for Extension of Time to File Answer and for Entry of Briefing Schedule addressed to Judge Alvin K. Hellerstein from Daniel Scott Schecter dated March 30, 2023. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Schecter, Daniel) [Transferred from New York Southern on 2/14/2024.] |
| Pro Hac Vice Fee Paid electronically via Pay.gov: for #37 MOTION for Nicole H. Sprinzen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Filing fee $ $ 200.00. Pay.gov receipt number ANYSDC-27536754, paid on 2023-03-29. (dsh) [Transferred from New York Southern on 2/14/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Nicole H. Sprinzen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh) [Transferred from New York Southern on 2/14/2024.] |
| Filing 37 MOTION for Nicole H. Sprinzen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hans Allegaert, CITIC Capital Partners LLC, GNC Holdings, LLC, Cameron Lawrence, ZT Biopharmaceutical LLC. (Attachments: #1 Affidavit Declaration of Nicole H. Sprinzen in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Sprinzen, Nicole) [Transferred from New York Southern on 2/14/2024.] |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Cameron Lawrence waiver sent on 3/17/2023, answer due 5/16/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. Hans Allegaert waiver sent on 3/17/2023, answer due 5/16/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 34 NOTICE OF APPEARANCE by Wenjie Cai on behalf of Faris Al Kooheji, John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Yichen Zhang..(gp) [Transferred from New York Southern on 2/14/2024.] |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Yong Kai Wong..(gp) [Transferred from New York Southern on 2/14/2024.] |
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Filing 31
ORDER denying #26 Letter Motion for Extension of Time. The request is denied. An enlargement of time to answer can be considered after a motion to transfer has been made. Furthermore, the letter is rejected as improper. All requests to which all parties do not consent must be submitted in the form of a joint letter pursuant to my Rule 2.E. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/20/23) (yv) [Transferred from New York Southern on 2/14/2024.]
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| Filing 30 LETTER RESPONSE in Opposition to Motion addressed to Judge Alvin K. Hellerstein from John Yong Tang dated 03/19/2023 re: #26 LETTER MOTION for Extension of Time - Defendants' Request for Adjournment of Deadline to Respond to Complaint Until the Court Rules on Defendants' Forthcoming Motion to Transfer addressed to Judge Alvin K. Hellerstein from Daniel S Schecter. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Yong Kai Wong, re: #1 Complaint,,. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Yichen Zhang, re: #1 Complaint,,. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 27 NOTICE OF APPEARANCE by Zachary Ferris Proulx on behalf of Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar..(Proulx, Zachary) [Transferred from New York Southern on 2/14/2024.] |
| Filing 26 LETTER MOTION for Extension of Time - Defendants' Request for Adjournment of Deadline to Respond to Complaint Until the Court Rules on Defendants' Forthcoming Motion to Transfer addressed to Judge Alvin K. Hellerstein from Daniel Scott Schecter dated March 16, 2023. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - Transfer Opinion, #3 Exhibit C - Referral Order, #4 Exhibit D - Voluntary Dismissal, #5 Exhibit E - Email Correspondence).(Schecter, Daniel) [Transferred from New York Southern on 2/14/2024.] |
| Filing 25 NOTICE OF APPEARANCE by Samantha Rubin Stratford on behalf of Hans Allegaert, CITIC Capital Partners LLC, GNC Holdings, LLC, Cameron Lawrence, ZT Biopharmaceutical LLC..(Stratford, Samantha) [Transferred from New York Southern on 2/14/2024.] |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to CITIC Limited..(jgo) [Transferred from New York Southern on 2/14/2024.] |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to CITIC Capital Holdings Ltd...(jgo) [Transferred from New York Southern on 2/14/2024.] |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Cameron Lawrence..(jgo) [Transferred from New York Southern on 2/14/2024.] |
| Filing 21 MOTION for Michael J. Reiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Affidavit / Declaration of Michael J. Reiss in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Reiss, Michael) [Transferred from New York Southern on 2/14/2024.] |
| Filing 20 MOTION for Daniel S. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472055. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Susan M Canning, Alan D Feldman, Michael F Hines, Amy B Lane, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar. (Attachments: #1 Affidavit / Declaration of Daniel S. Schecter in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Schecter, Daniel) [Transferred from New York Southern on 2/14/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Daniel S. Schecter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472055. Motion and supporting papers to be reviewed by Clerk's Office staff.; #21 MOTION for Michael J. Reiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472276. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) [Transferred from New York Southern on 2/14/2024.] |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Michael F Hines waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Kenneth A Martindale waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Amy B Lane waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Alan D Feldman waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Tricia K Tolivar waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Susan M Canning waiver sent on 2/22/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Robert F Moran waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Philip E Mallott waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Michele S Meyer waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to CITIC Limited, re: #1 Complaint,,. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to CITIC Capital Holdings Ltd., re: #1 Complaint,,. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Cameron Lawrence, re: #1 Complaint,,. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Gregory Berube waiver sent on 2/15/2023, answer due 4/17/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Evercore Inc. waiver sent on 2/15/2023, answer due 4/17/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. CITIC Capital Partners LLC waiver sent on 2/20/2023, answer due 4/21/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. GNC Holdings, LLC waiver sent on 2/20/2023, answer due 4/21/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. ZT Biopharmaceutical LLC waiver sent on 2/20/2023, answer due 4/21/2023. Document filed by John Yong Tang..(Cai, Wenjie) [Transferred from New York Southern on 2/14/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Tang, John) [Transferred from New York Southern on 2/14/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Yong Tang. The party information for the following party/parties has been modified: Faris Al Kooheji, John Yong Tang, JOHN DOE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc) [Transferred from New York Southern on 2/14/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Yong Tang. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 160 (Stockholders Suits); County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 470 (Racketeer/Corrupt Organization); the County code has been modified to XX Out of State;. (pc) [Transferred from New York Southern on 2/14/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Yong Tang to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) [Transferred from New York Southern on 2/14/2024.] |
| Filing 1 COMPLAINT against ABC Company, Hans Allegaert, Gregory Berube, CITIC Capital Holdings Ltd., CITIC Capital Partners LLC, CITIC Limited, Susan M Canning, JOHN DOE, Evercore Inc., Alan D Feldman, GNC Holdings, LLC, Michael F Hines, Amy B Lane, Cameron Lawrence, Philip E Mallott, Kenneth A Martindale, Michele S Meyer, Robert F Moran, Tricia K Tolivar, Yong Kai Wong, ZT Biopharmaceutical LLC, Yichen Zhang. (Filing Fee $ 402.00, Receipt Number ANYSDC-27334516)Document filed by Faris Al Kooheji, John Yong Tang. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Tang, John) [Transferred from New York Southern on 2/14/2024.] |
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