Gopu et al v. Luckin Coffee Inc. et al
| Nirmala Gopu, Vijaya Gopu and Michael Bergenholtz |
| Morgan Stanley & Co. LLC, Luckin Coffee Inc., Hui Li, Reinout Hendrik Schakel, Credit Suisse Securities (USA) LLC, Charles Zhengyao Lu, China International Capital Corporation Hong Kong Securities Limited, Sean Shao, Erhai Liu, Haitong International Securities Company Limited, Jinyi Guo, KeyBanc Capital Markets Inc., Jenny Zhiya Qian, Needham & Company, LLC, Thomas Meier and Jian Liu |
| Mike Farhat, Boston Retirement System, Leonard Ross, Satyanarayana Kanchanapalli and Amrik Hira |
| 1:2020cv01747 |
| April 8, 2020 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Vera M Scanlon |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 NOTICE of Appearance by Christopher Joseph Keller on behalf of Chesi Assets Limited Group (aty to be noticed) Associated Cases: 1:20-cv-01677-KAM-VMS, 1:20-cv-01747-KAM-VMS (Keller, Christopher) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Nirmala Gopu, Vijaya Gopu (Miller, Kim) |
| Filing 21 NOTICE by Mike Farhat Notice of Mike Farhat's Non-Opposition to Competing Lead Plaintiff Motions (Gonnello, Richard) |
Filing 20
ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Sterckx v. Luckin Coffee Inc., et. al, case No. 20-cv-1677, and Gopu v. Luckin Coffee Inc., et. al, case No. 20-cv-1747, are hereby consolidated as In re Luckin Coffee Inc. Securities Litigation. All relevant documents and submissions shall be maintained as one file under Master File No. 20-cv-1677. Any other securities class actions filed in, or transferred to, this District related to the facts alleged in the cases described above shall be consolidated into this action. Ordered by Judge Kiyo A. Matsumoto on 4/16/2020. (Bose, Rhick)
|
|
ORDER TO SHOW CAUSE: "A civil action may be brought in...a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred...." 28 U.S.C. 1391(b)(2). "[F]or venue to be proper, significant events or omissions material to the plaintiffs claim must have occurred in the district in question, even if other material events occurred elsewhere." Gulf Ins. Co. v. Glasbrenner, 417 F.3d 353, 357 (2d Cir. 2005). Section 27 of the Exchange Act allows an action to "be brought in any such district or in the district wherein the defendant is found or is an inhabitant or transacts business...." However, any acts or omissions by the defendants in the district must be "an important step in the fraudulent scheme." Sec. & Exch. Comm'n v. Rust, No. 16 CIV. 3573 (ER), 2017 WL 239381 (S.D.N.Y. Jan. 17, 2017) (internal quotations omitted). And the defendant's activities within the district must "constitute a substantial part of its ordinary business." Gilson v. Pittsburgh Forgings Co., 284 F. Supp. 569, 570 (S.D.N.Y. 1968) (internal quotations omitted).The plaintiffs variously assert that "[v]enue is proper...[because] the alleged misstatements entered and the subsequent damages took place in this judicial district," (Sterckx v. Luckin Coffee, et. al, 20-cv-1677, Compl. 4) and because "Defendant Luckin is a foreign or alien corporation that does significant business in this District." (Gopu v. Luckin Coffee, et. al, 20-cv-1747, Compl. 17). The complaints, however, fail to allege "significant events or omissions material to" the plaintiffs' claims that occurred in the Eastern District of New York. 417 F.3d at 357. The venue allegations lack sufficient specific facts to establish proper venue in the Eastern District of New York, or that the defendants' activities within the Eastern District of New York constitute a substantial part of their ordinary business and are an important step in the fraudulent scheme. Accordingly, by 4/21/2020 at 12:00 P.M., the plaintiffs are ordered to file amended complaints with facts establishing venue, or show cause why this case should not be dismissed or transferred for improper venue. Ordered by Judge Kiyo A. Matsumoto on 4/16/2020. (Bose, Rhick)
|
|
ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Eric R. Komitee, Magistrate Judge Sanket J. Bulsara no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 4/15/2020. (Bowens, Priscilla)
|
| Filing 19 AFFIDAVIT/DECLARATION in Support re #16 MOTION to Appoint Counsel MOTION to Consolidate Cases 1:20-cv-01747; 1:20-cv-01677 filed by Leonard Ross. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Hasson, Laurence) |
| Filing 18 NOTICE by Satyanarayana Kanchanapalli of Filing of PSLRA Motion for Appointment as Lead Plaintiff in First Filed Case in Southern District of New York (Zweig, Jason) |
| Filing 17 MEMORANDUM in Support re: 16 filed by Leonard Ross. (Hasson, Laurence) |
| Filing 16 MOTION to Appoint Counsel , MOTION to Consolidate Cases 1:20-cv-01747; 1:20-cv-01677 by Leonard Ross. (Attachments: #1 Proposed Order) (Hasson, Laurence) |
| Filing 15 DECLARATION re #12 MOTION to Consolidate Cases , appointing Mr. Hira as Lead Plaintiff, approving Mr. Hiras selection of Kaplan Fox & Kilsheimer LLP to serve as Lead Counsel for the class, and for any such further relief as the Court may deem just and proper by Amrik Hira (Attachments: #1 Exhibit A - Notice of filing of first case, #2 Exhibit B - HIRA Cert, #3 Exhibit C - HIRA Loss Exhibit, #4 Exhibit D - Kaplan Fox Firm Resume) (Fox, Frederic) |
| Filing 14 DECLARATION re #10 MOTION to Appoint Counsel MOTION to Consolidate Cases and Motion to Appoint Lead Plaintiff by Boston Retirement System (Attachments: #1 PSLRA Notice, #2 PSLRA Notice, #3 PSLRA Certification, #4 Loss Chart, #5 Chimicles Firm Resume) (Blau, Leslie) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Consolidate Cases , appointing Mr. Hira as Lead Plaintiff, approving Mr. Hiras selection of Kaplan Fox & Kilsheimer LLP to serve as Lead Counsel for the class, and for any such further relief as the Court may deem just and proper filed by Amrik Hira. (Fox, Frederic) |
| Filing 12 MOTION to Consolidate Cases , appointing Mr. Hira as Lead Plaintiff, approving Mr. Hiras selection of Kaplan Fox & Kilsheimer LLP to serve as Lead Counsel for the class, and for any such further relief as the Court may deem just and proper by Amrik Hira. (Attachments: #1 Proposed Order) (Fox, Frederic) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Appoint Counsel MOTION to Consolidate Cases and Motion to Appoint Lead Plaintiff filed by Boston Retirement System. (Blau, Leslie) |
| Filing 10 MOTION to Appoint Counsel , MOTION to Consolidate Cases and Motion to Appoint Lead Plaintiff by Boston Retirement System. (Attachments: #1 Proposed Order) (Blau, Leslie) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #7 MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Mike Farhat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gonnello, Richard) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Mike Farhat. (Gonnello, Richard) |
| Filing 7 MOTION to Appoint Counsel and Appointment as Lead Plaintiff by Mike Farhat. (Attachments: #1 Proposed Order) (Gonnello, Richard) |
| Filing 6 MOTION to Consolidate Cases , Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Michael Bergenholtz. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Affidavit in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E) (Davis, Jackson) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Thomas summons, #2 Sean summons, #3 Reinout summons, #4 Needham summons, #5 Morgan S summons, #6 Keybanc summons, #7 Jinyi summons, #8 Jian L summons, #9 Jenny summons, #10 Hui L summons, #11 Haitong summons, #12 Erhai summons, #13 Credit S summons, #14 China Intl summons, #15 Charles Z summons) (Bowens, Priscilla) |
| Filing 3 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-12652369 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Nirmala Gopu, Vijaya Gopu. (Attachments: #1 Civil Cover Sheet, #2 PSLRA Certification, #3 Proposed Summons Luckin Coffee Inc., #4 Proposed Summons Charles Zhengyao Lu, #5 Proposed Summons Jenny Zhiya Qian, #6 Proposed Summons Jian Liu, #7 Proposed Summons Reinout Hendrik Schakel, #8 Proposed Summons Hui Li, #9 Proposed Summons Jinyi Guo, #10 Proposed Summons Erhai Liu, #11 Proposed Summons Sean Shao, #12 Proposed Summons Thomas P. Meier, #13 Proposed Summons Needham & Company, LLC, #14 Proposed Summons Morgan Stanley & Co. LLC, #15 Proposed Summons China International Capital Corp. Hong Kong Securities Ltd., #16 Proposed Summons Haitong International Securities Company Limited, #17 Proposed Summons Credit Suisse Securities (USA) LLC, #18 Proposed Summons KeyBanc Capital Markets Inc.) (Miller, Kim) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
