Schmitt v. China XD Plastics Company, Limited et al
| Joshua Schmitt |
| Faith Dawn Limited, Chen Huiyi, China XD Plastics Company, Limited, Jie Han, Faith Horizon, Inc., XD Engineering Plastics Company Limited, Linyuan Zhai, Taylor Zhang, Huang Guanbao and Huiyi Chen |
| Timothy Loughran, Kevin Lu, Nellai Chockalingam, Brian Burwell, Bonmerc UG & Co. KG and Zhong Hao Feng |
| 1:2020cv06028 |
| December 10, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Kiyo A Matsumoto |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Nicholas G. Garaufis 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 Margo K. Brodie on 9/29/2022. (Davis, Kimberly)
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Filing 83
Letter to The Honorable Nicholas G. Garaufis regarding filing of Motion to Dismiss (Bundling Rule) by Huiyi Chen, Huang Guanbao, Linyuan Zhai (Matteo, Joseph)
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Filing 82
CERTIFICATE OF SERVICE by Huiyi Chen, Huang Guanbao, Linyuan Zhai (Matteo, Joseph)
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Filing 81
MEMORANDUM in Support of Motion to Dismiss Second Amended Complaint filed by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Matteo, Joseph)
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Filing 80
REPLY in Support Further Support of Motion to Dismiss Second Amended Complaint filed by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Matteo, Joseph)
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Filing 79
DECLARATION of Joseph A. Matteo by Huiyi Chen, Huang Guanbao, Linyuan Zhai (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) (Matteo, Joseph)
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Filing 78
MEMORANDUM in Support re #73 MOTION to Dismiss for Failure to State a Claim filed by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Cuccaro, Mark)
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Filing 77
Letter to The Honorable Nicholas G. Garaufis re: filing of Motion to Dismiss by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (Cuccaro, Mark)
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Filing 76
REPLY in Support re #73 MOTION to Dismiss for Failure to State a Claim filed by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Cuccaro, Mark)
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Filing 75
CERTIFICATE OF SERVICE by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (Cuccaro, Mark)
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Filing 74
MOTION to Dismiss Second Amended Complaint by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Matteo, Joseph)
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Filing 73
MOTION to Dismiss for Failure to State a Claim by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Cuccaro, Mark)
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Filing 72
Letter to The Honorable Nicholas G. Garaufis regarding filing of Motion to Dismiss (Bundling Rule) by China XD Plastics Company, Limited, Taylor Zhang (Edelman, Daniel)
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Filing 71
REPLY in Support re #66 MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) filed by China XD Plastics Company, Limited, Taylor Zhang. (Edelman, Daniel)
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Filing 70
MEMORANDUM in Opposition re #66 MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) filed by China XD Plastics Company, Limited, Taylor Zhang. (Edelman, Daniel)
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Filing 69
AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) filed by China XD Plastics Company, Limited, Taylor Zhang. (Attachments: #1 Exhibit A - China XDs Historical Prices & Data from Yahoo Finance for the period of June 22, 2022 to July 20, 2022, #2 Exhibit B - press release from China XD announcing the results of China XDs February 11, 2020 Annual Meeting of Stockholders) (Edelman, Daniel)
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Filing 68
CERTIFICATE OF SERVICE by China XD Plastics Company, Limited, Taylor Zhang re #67 Memorandum in Support, #66 MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) (Edelman, Daniel)
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Filing 67
MEMORANDUM in Support re #66 MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) filed by China XD Plastics Company, Limited, Taylor Zhang. (Edelman, Daniel)
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Filing 66
MOTION to Dismiss the Second Amended Complaint Pursuant to FED R. CIV. P. 12(B)(6) by China XD Plastics Company, Limited, Taylor Zhang. (Edelman, Daniel)
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Filing 65
ORDER granting #64 Second Motion for Extension of Time to File Response/Reply. Responses due by 7/21/2022. Replies due by 9/14/2022. Ordered by Judge Nicholas G. Garaufis on 7/14/2022. (Kelly, Sean)
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Filing 64
Second MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss and Defendants' Replies by Joshua Schmitt. (Squitieri, Lee)
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Filing 63
ORDER granting #62 Motion for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss. Responses due by 7/14/2022. Replies due by 8/31/2022. So Ordered by Judge Nicholas G. Garaufis on 5/10/2022. (Lee, Tiffeny)
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Filing 62
MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss and Defendants' Replies by Joshua Schmitt. (Squitieri, Lee)
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ORDER: In light of the letter dated Apr. 20, 2022, which indicates that Defendants have served a motion to dismiss, the Court concludes the Defendants have timely satisfied their obligations to answer or otherwise respond to the Plaintiff's Second Amended Complaint. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/21/2022. (Morrow, Emily)
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Filing 61
Letter to The Honorable Sanket J. Bulsara regarding Motion to Dismiss Filing by China XD Plastics Company, Limited, Taylor Zhang (Edelman, Daniel)
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ORDER: The parties stipulated, and the Court ordered, that the deadline for Defendants to answer, move, or otherwise respond to the Second Amended Complaint was 4/15/2022. (Stip and Order dated Feb. 17, 2022, Dkt. No. 59). Defendants have failed to file an answer, motion, or response by the deadline. Because the deadline for Defendants to answer the Second Amended Complaint has passed, Defendants must file a motion by 4/26/2022 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 4/19/2022. (Morrow, Emily)
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ORDER: The motion to withdraw as attorney #60 is hereby granted. Attorney Darren J. Lemieux is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/19/2022. (Morrow, Emily)
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Filing 60
MOTION to Withdraw as Attorney by China XD Plastics Company, Limited, Taylor Zhang. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Proposed Order) (Lemieux, Darren)
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Filing 59
STIPULATION AND ORDER SETTING TIME TO RESPOND TO COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE. So Ordered by Judge Nicholas G. Garaufis on 2/17/2022. (Lee, Tiffeny)
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Filing 58
Proposed Scheduling Order And Stipulation Setting Time to Respond to Complaint And Motion to Dismiss Briefing Schedule by China XD Plastics Company, Limited, Taylor Zhang (Edelman, Daniel)
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Filing 57
ORDER: For the reasons stated in the attached Order, the motion for appointment of Lead Plaintiff and Lead Class Counsel #42 is granted. The Court appoints Joshua Schmitt as Lead Plaintiff and Squitieri & Fearon, LLP as Lead Class Counsel. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/4/2022. (Morrow, Emily)
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Filing 56
Letter To Michael Tremonte Re 12/05/21 Letter by Joshua Schmitt (Squitieri, Lee)
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Filing 55
Letter to Plaintiff's Counsel by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (Tremonte, Michael)
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Filing 54
CERTIFICATE OF SERVICE by Huiyi Chen, Huang Guanbao, Linyuan Zhai re Order on Motion to Withdraw as Attorney,,,,, Motion Hearing,,,, (Attachments: #1 Exhibit 1) (Philp, Ryan)
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Filing 53
NOTICE of Appearance by Brian L. Friedman on behalf of China XD Plastics Company, Limited, Taylor Zhang (aty to be noticed) (Friedman, Brian)
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Filing 52
NOTICE of Appearance by Michael Tremonte on behalf of Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (notification declined or already on case) (Tremonte, Michael)
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Filing 51
NOTICE of Appearance by Mark Elliot Cuccaro on behalf of Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (aty to be noticed) (Cuccaro, Mark)
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Filing 49
NOTICE of Appearance by Daniel Dov Edelman on behalf of China XD Plastics Company, Limited, Taylor Zhang (aty to be noticed) (Edelman, Daniel)
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Filing 48
NOTICE of Appearance by Joseph Andrew Matteo on behalf of Huiyi Chen, Huang Guanbao, Linyuan Zhai (aty to be noticed) (Matteo, Joseph)
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MINUTE ENTRY & ORDER: A hearing on the Motion to Withdraw #40 was held by telephone on 10/29/2021 before Magistrate Judge Sanket J. Bulsara. Huiyi Chen, Guanbao Huang, and Linyuan Zhai ("the Special Committee Defendants") were present, as were counsel for all parties. For the reasons stated on the record, the Motion to Withdraw #40 is hereby granted. Because the case will continue to proceed including the Special Committee Defendants, the Special Committee Defendants will proceed pro se unless counsel appears on their behalf. And if counsel should appear on their behalf, counsel will take the case on at whatever procedural posture it is in. Additional time will not be granted simply because new counsel appears. Hogan Lovells US LLP is directed to serve this Order on the Special Committee Defendants, and to provide proof of such service on the docket by 11/5/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/29/2021. (AT&T Log # 10:03-10:11) (Morrow, Emily)
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Filing 47
CERTIFICATE OF SERVICE by Huiyi Chen, Huang Guanbao, Linyuan Zhai re Scheduling Order,, (Attachments: #1 Exhibit 1) (Philp, Ryan)
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ORDER: A hearing on the Motion to Withdraw #40 will be held on 10/29/2021 at 10:00am before Magistrate Judge Sanket J. Bulsara. The hearing will proceed by telephone. Parties shall dial the toll-free number 877-336-1274 and passcode 6534420. Parties shall join five (5) minutes prior to the start of the hearing. Defendants Huiyi Chen, Guanbao Huang, and Linyuan Zhai ("the Special Committee Defendants") are required to attend. Counsel for the Special Committee Defendants is directed to serve this Order on the Special Committee Defendants and to provide proof of such service on the docket by 10/15/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/8/2021. (Morrow, Emily)
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Filing 46
CERTIFICATE OF SERVICE by Huiyi Chen, Huang Guanbao, Linyuan Zhai re #45 1 - Sealed Document CV, Affidavit in Support of Motion, #44 1 - Sealed Document CV,, Memorandum in Support, (Attachments: #1 Exhibit 1 - Service Email) (Philp, Ryan)
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Filing 45
AFFIDAVIT/DECLARATION in Support re #40 MOTION to Withdraw as Attorney by Hogan Lovells US LLP filed by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Philp, Ryan)
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MINUTE ENTRY & ORDER: A hearing on the Motion to Withdraw as Attorney #40 was held by telephone on 9/30/2021 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff and counsel for Huiyi Chen, Guanbao Huang, and Linyuan Zhai ("the Special Committee Defendants") were present. As stated on the record, Counsel for the Special Committee Defendants is directed to file a supplemental motion to withdraw in compliance with Local Rule 1.4 by 10/7/2021. Counsel for the Special Committee Defendants is also directed to serve the supplemental motion, the Supplemental Memorandum filed under seal #44 , and this Order on the Special Committee Defendants, and to provide proof of such service on the docket by 10/7/2021. The Court will then set a date for a hearing on the Motion to Withdraw. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/30/2021. (AT&T Log # 10:03-10:10, 10:12-10:20 A.M.) (Morrow, Emily)
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Filing 44
MEMORANDUM in Support re #40 MOTION to Withdraw as Attorney by Hogan Lovells US LLP filed by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Attachments: #1 Declaration of Ryan M. Philp, #2 Exhibit A, #3 Exhibit B) (Philp, Ryan)
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Filing 43
NOTICE of Change of address and email Once the filing has been made, you must login to www.pacer.gov and update your account. (Lemieux, Darren)
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Filing 42
MOTION to Appoint Counsel Renewed Motion For Appointment of Lead Plaintiff and Approval Of Selection of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78U-4(a)(3)(B) by Joshua Schmitt. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Squitieri, Lee)
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Filing 41
CERTIFICATE OF SERVICE by Huiyi Chen, Huang Guanbao, Linyuan Zhai re Set Deadlines/Hearings,,, Proof of Service of Hogan Lovells motion papers in support of its motion to withdraw as counsel (ECF No. #40 ) and a copy of the Courts August 18 Order via e-mail on defendants Linyuan Zhai, Huiyi Chen, and Guanbao Huang, who comprise the members of the Special Committee of the Board of Directors of China XD Plastics Company, Limited in connection with the subject transaction (Attachments: #1 Exhibit 1 - Email) (Philp, Ryan)
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ORDER: A hearing on the Motion to Withdraw #40 will be held on 9/30/2021 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. The hearing will proceed by telephone. Parties shall dial the toll-free number 877-336-1274 and passcode 6534420. Parties shall join five (5) minutes prior to the start of the hearing. Defendants Huiyi Chen, Guanbao Huang, and Linyuan Zhai ("the Special Committee Defendants") are required to attend. Counsel for the Special Committee Defendants is directed to serve the Motion and this Order on the Special Committee Defendants and to provide proof of such service on the docket by 8/25/2021. The Court will adjourn the hearing should new counsel make a substitute appearance prior to the hearing date. Current counsel may file any additional memorandum in support of the motion to withdraw under seal by 9/23/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/18/2021. (Farrell, Gillian)
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Filing 40
MOTION to Withdraw as Attorney by Hogan Lovells US LLP by Huiyi Chen, Huang Guanbao, Linyuan Zhai. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Ryan M. Philp in Support, #3 Proposed Order) (Philp, Ryan)
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Filing 39
AMENDED COMPLAINT SECOND CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECTIONS 14 AND 20 OF THE SECURITIES EXCHANGE ACT OF 1934 AND BREACH OF FIDUCIARY DUTIES against China XD Plastics Company, Limited, Faith Dawn Limited, Faith Horizon, Inc., Huang Guanbao, Jie Han, Chen Huiyi, XD Engineering Plastics Company Limited, Linyuan Zhai, Taylor Zhang, filed by Joshua Schmitt. (Attachments: #1 Certification) (Squitieri, Lee)
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Filing 38
NOTICE by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited re Order on Motion to Withdraw as Attorney,,,, Motion Hearing,,, Proof of Service (Attachments: #1 Exhibit 1 - 08/05/2021 Email to Jie Han, #2 Exhibit 2 - 08/05/2021 Minute Entry and Order, #3 Exhibit 3 - Civil Docket) (Williams, Jon)
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Minute Entry and Order: A hearing on the motion to withdraw #32 was held on 8/5/2021 before Magistrate Judge Sanket J. Bulsara. Counsel for all parties and Defendant Jie Han, who is a corporate representative for all the corporate defendants, were present. As stated on the record, the motion to withdraw is granted. The parties are reminded that corporations cannot proceed pro se in federal court. The deadline for Faith Horizon, Inc., Faith Dawn Limited, and XD Engineering Plastics Company Limited to obtain counsel is 11/3/2021. Failure for these parties to obtain counsel will result in a default being entered against them. Counsel is directed to serve this order on Defendant Jie Han and to provide proof of such service on the docket by 8/12/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/5/2021. (AT&T Log #2:30-2:55) (Farrell, Gillian)
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Filing 37
NOTICE by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited re #32 Notice of MOTION to Withdraw as Attorney Notice of Campbell & Williams' Motion To Withdraw As Counsel Of Record NOTICE OF NON-OPPOSITION TO CAMPBELL & WILLIAMS' MOTION TO WITHDRAW AS COUNSEL OF RECORD (Attachments: #1 Exhibit 1 Email Dated July 29, 2021 from Jie Han to Colby Williams) (Williams, Jon)
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Filing 36
ORDER: The Motions to Appoint Lead Plaintiff and Lead Counsel #21 #22 #23 are denied without prejudice to renewal, as stated in the attached Order. Plaintiff Schmitt shall file a Second Amended Complaint by 8/16/2021. Plaintiff shall indicate whether he is filing new PSLRA notice. If new notice is not being filed, any renewed motion for appointment of lead plaintiff shall be filed within three weeks of the filing of the Second Amended Complaint. Any opposition briefs shall be filed within two weeks of the motions. Replies are not permitted. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/2/2021. (Farrell, Gillian)
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Filing 35
NOTICE by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited re Order on Motion to Adjourn Conference,,, Terminate Hearings,, Proof of Service (Attachments: #1 Exhibit 1 - Emailed dated 7/20/21 from J. Colby Williams to Chairman Han, #2 Exhibit 2 - Campbell & Williams' Letter Motion to Adjourn Hearing dated July 19, 2021) (Williams, Jon)
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ORDER: The Motion to Adjourn Conference #33 is granted. A hearing on the motion to withdraw #32 will be held on 8/5/2021 at 2:30 PM before Magistrate Judge Sanket J. Bulsara. The hearing will be conducted by telephone. Parties shall dial the toll-free number 877-336-1274 and passcode 6534420. Parties shall join five (5) minutes prior to the start of the hearing. Defendant Jie Han is directed to attend the hearing. Counsel shall provide a copy of this order to his client and file proof of service on the docket by 7/26/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/20/2021. (Farrell, Gillian)
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Filing 34
NOTICE by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited re Scheduling Order,, Proof of Service (Attachments: #1 Exhibit 1 - Email Dated 7/19/21 from J. Colby Williams to Chairman Han, #2 Exhibit 2 - 7/18/21 Scheduling Order) (Williams, Jon)
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Filing 33
MOTION to Adjourn Conference by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Williams, Jon)
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SCHEDULING ORDER: A hearing on the motion to withdraw #32 will be held on 8/2/2021 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. The hearing will be conducted by telephone. Parties shall dial the toll-free number 877-336-1274 and passcode 6534420. Parties shall join five (5) minutes prior to the start of the hearing. Defendant Jie Han is directed to attend the hearing. Counsel shall provide a copy of this order to his client and file proof of service on the docket by 7/23/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/18/2021. (Farrell, Gillian)
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Filing 32
Notice of MOTION to Withdraw as Attorney Notice of Campbell & Williams' Motion To Withdraw As Counsel Of Record by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Attachments: #1 Exhibit 1 Memorandum Of Law In Support Of Campbell & Williams' Motion To Withdraw As Counsel Of Record., #2 Exhibit 2 Declaration Of J. Colby Williams In Support Of Campbell & Williams' Motion to Withdraw As Counsel Of Record., #3 Exhibit 3 Proposed Order Granting Campbell & Williams' Motion To Withdraw As Counsel Of Record.) (Williams, Jon)
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Filing 31
REPLY to Response to Motion re #21 MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) , REPLY in Support re #21 MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) filed by Joshua Schmitt. (Attachments: #1 Declaration, #2 Exhibit A) (Squitieri, Lee)
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Filing 30
REPLY in Support re #23 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Bonmerc UG & Co. KG, Brian Burwell, Nellai Chockalingam, Zhong Hao Feng. (Holleman, William)
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Filing 29
REPLY in Support re #22 MOTION to Appoint Counsel filed by Timothy Loughran, Kevin Lu. (Monteverde, Juan)
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Filing 28
MEMORANDUM in Opposition re #22 MOTION to Appoint Counsel , #23 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Joshua Schmitt. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Squitieri, Lee)
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Filing 27
MEMORANDUM in Opposition re #22 MOTION to Appoint Counsel , #21 MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) filed by Bonmerc UG & Co. KG, Brian Burwell, Nellai Chockalingam, Zhong Hao Feng. (Holleman, William)
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Filing 26
MEMORANDUM in Opposition re #23 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff, #21 MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) filed by Timothy Loughran, Kevin Lu. (Monteverde, Juan)
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ORDER: The Motion for Extension of Time to Answer #25 is granted. The deadline to answer the Amended Complaint #19 is adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/12/2021. (Farrell, Gillian)
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ORDER: The Stipulation #24 is so-ordered. Any oppositions to the Motions to Appoint Counsel and for Appointment as Lead Plaintiff shall be filed by 5/21/2021. Any replies shall be filed by 5/28/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/12/2021. (Farrell, Gillian)
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Filing 25
Joint MOTION for Extension of Time to File Answer re #19 Amended Complaint, (STIPULATION AND [PROPOSED] ORDER ON EXTENDING TIME TO RESPOND TO COMPLAINT AND SETTING BRIEFING SCHEDULE ON ANY MOTION TO DISMISS) by Huang Guanbao, Chen Huiyi, Linyuan Zhai. (Philp, Ryan)
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Filing 24
STIPULATION re #23 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff, #22 MOTION to Appoint Counsel , #21 MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) by Timothy Loughran, Kevin Lu (Monteverde, Juan)
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Filing 23
MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Nellai Chockalingam, Brian Burwell, Bonmerc UG & Co. KG, Zhong Hao Feng. (Attachments: #1 Memorandum in Support, #2 Holleman Declaration, #3 Exhibit 1 PSLRA Release, #4 Exhibit 2-A Feng Certification, #5 Exhibit 2-B Burwell Certification, #6 Exhibit 2-C Chockalingam Certification, #7 Exhibit 2-D Bonmerc Certification, #8 Exhibit 3 Firm Resume, #9 Joint Declaration, #10 Exhibit 1 Nevada Complaint, #11 Proposed Order) (Holleman, William)
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Filing 22
MOTION to Appoint Counsel by Timothy Loughran, Kevin Lu. (Attachments: #1 Memorandum in Support Brief, #2 Declaration Declaration of Juan E. Monteverde, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order proposed Order) (Monteverde, Juan)
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Filing 21
MOTION to Appoint Counsel For Appointment Of Lead Plaintiff and Approval Of Selection Of Lead Counsel Pursuant to PSLRA 15 U.S.C. Section 78u-4(a)(3)(B) by Joshua Schmitt. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order) (Squitieri, Lee)
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ORDER: In light of the filing of the Amended Complaint #19 , the Court denies Defendants' motion to stay #16 as moot. This motion was directed to the original Complaint. After the motion to stay was filed, Plaintiff filed an Amended Complaint. (Am. Compl. dated Feb. 13, 2021 ("Am. Compl."), Dkt. No. 19). As for any discovery following the filing of the Amended Complaint, the case is now subject to the automatic stay provisions of the PSLRA. The Amended Complaint asserts claims for violations of Sections 13, 14(a), and 20(a) of the Securities Exchange Act of 1934 ("Exchange Act"). (Am. Compl. paras. 47-80). The Section 14(a) claim is brought as both an individual and class action claim; the other claims claims are individual claims. Defendants have indicated they will move to dismiss. (Defs.' Reply Br. dated Feb. 24, 2021 ("Reply"), Dkt. No. 20 at 3 n.3). As such, the case is subject to an automatic discovery stay. See 15 U.S.C. 78u4(b)(3)(B); Mori v. Saito, 802 F. Supp. 2d 520, 523 (S.D.N.Y. 2011); Sedona Corp. v. Ladenburg Thalmann, No. 03-CV-3120, 2005 WL 2647945, at *2 n.1 (S.D.N.Y. Oct. 14, 2005) ("There is no dispute that the PSLRA stay of discovery applies when an initial motion to dismiss is contemplated, but has not yet been filed."). Although the Amended Complaint alleges non-securities claims, the PSLRA stay still applies. See Gardner v. Major Auto. Companies, No. 11-CV-1664, 2012 WL 1230135, at *4 (E.D.N.Y. Apr. 12, 2012) ("[M]ost courts in this Circuit have held that the automatic stay provisions of the PSLRA extend to state securities claims and non-securities claims brought in actions involving federal securities claims.") (collecting cases). Even if the automatic stay provisions did not apply, because the appointment of lead plaintiff process has not yet been completed, discovery now would be inappropriate. Although Defendants assert that the Amended Complaint was improperly filed, (see Reply at 1), Plaintiff was allowed amend the Complaint once as a matter of course "21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed. R. Civ. P. 15(a)(1)(B). And any objection to the filing of an amended complaint needs to be filed in the context of an appropriate motion. Plaintiff's motion for expedited discovery #8 is moot in light of Plaintiff's subsequent letter #17 . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/19/2021. (Farrell, Gillian)
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Filing 20
Letter in response to Plaintiff's February 12, 2021 opposition to the Stay Motion #17 by Huang Guanbao, Chen Huiyi, Linyuan Zhai (Attachments: #1 Exhibit A - Final Proxy) (Philp, Ryan)
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Filing 19
AMENDED COMPLAINT AND INDIVIDUAL COMPLAINT FOR VIOLATIONS FO SECTIONS 13, 14 AND 20 against China XD Plastics Company, Limited, Faith Dawn Limited, Faith Horizon, Inc., Huang Guanbao, Jie Han, Chen Huiyi, XD Engineering Plastics Company Limited, Linyuan Zhai, Taylor Zhang, filed by Joshua Schmitt. (Squitieri, Lee)
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ORDER: The Motion for Leave to File #18 is granted. Defendants may file a reply of no more than three (3) pages by 2/24/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/17/2021. (Farrell, Gillian)
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Filing 18
Letter MOTION for Leave to File Document a short response to Plaintiff's February 12, 2021 letter by China XD Plastics Company, Limited, Faith Dawn Limited, Faith Horizon, Inc., Huang Guanbao, Jie Han, Chen Huiyi, XD Engineering Plastics Company Limited, Linyuan Zhai, Taylor Zhang. (Lemieux, Darren)
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Filing 17
Letter to Honorable Sanket J. Balsara In Opposition To Letter Motion Of Special Committee Defendants For Indefinite Stay Of Action by Joshua Schmitt (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Squitieri, Lee)
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Filing 16
Letter brief in further support of a motion to stay this action by Huang Guanbao, Chen Huiyi, Linyuan Zhai (Attachments: #1 Exhibit A - Order Denying Preliminary Injunction Motion, #2 Exhibit B - Minutes Order, #3 Exhibit C - Nevada Complaint) (Philp, Ryan) Modified on 4/19/2021 (Farrell, Gillian).
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Filing 15
NOTICE of Appearance by Darren J. Lemieux on behalf of China XD Plastics Company, Limited (notification declined or already on case) (Lemieux, Darren)
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Filing 14
NOTICE of Appearance by Jon Colby Williams on behalf of Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited (notification declined or already on case) (Williams, Jon)
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Filing 13
NOTICE of Appearance by Darren J. Lemieux on behalf of Taylor Zhang (aty to be noticed) (Lemieux, Darren)
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ORDER: The Motion of Darren J. Lemieux #11 for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/5/2021. (Farrell, Gillian)
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ORDER: The Motion of J. Colby Williams #12 for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/5/2021. (Farrell, Gillian)
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Filing 12
MOTION to Appear Pro Hac Vice by J. Colby Williams, Esq. Filing fee $ 150, receipt number ANYEDC-14100822. by Faith Dawn Limited, Faith Horizon, Inc., Jie Han, XD Engineering Plastics Company Limited. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Admission Information Certificate of Good Standing (State Bar of Nevada), #3 Admission Information Certificate of Good Standing (Nevada Supreme Court)) (Williams, Jon)
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Filing 11
MOTION to Appear Pro Hac Vice by Darren J. Lemieux, Esq. Filing fee $ 150, receipt number ANYEDC-14096212. by China XD Plastics Company, Limited. (Attachments: #1 Affidavit in Support, #2 Admission Information Certificate of Good Standing (Colorado), #3 Admission Information Certificate of Standing (Nevada), #4 Admission Information Certificate of Standing (California)) (Lemieux, Darren)
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Minute Entry and Order: A telephonic conference was held on 2/1/2021 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff and Defendants China XD Plastics Company, Limited, Faith Horizon, Inc., Taylor Zhang, Linyuan Zhai, Chen Huiyi, and Huang Guanbao were present. As stated on the record, Defendants may submit a letter in further support of a motion to stay to the Court by 2/5/2021. The letter shall be no longer than 10 pages. Plaintiff may respond, in a letter of no more than 10 pages, by 2/12/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/1/2021. (AT&T Log # 2:34-2:48) (Farrell, Gillian)
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Filing 10
RESPONSE to Motion re #8 MOTION for pre motion conference filed by Huang Guanbao, Chen Huiyi, Linyuan Zhai. (Attachments: #1 Exhibit A - Order Denying Preliminary Injunction Motion, #2 Exhibit B - Minutes Order) (Philp, Ryan)
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Filing 9
AFFIDAVIT of Service for Notice Of Electronic Filing Order dated January 27, 2021 served on J. Colby Williams, Esq.; E. Leif Reid, Esq.; China XD Plastics Company, Limited on 01/28/2021, filed by Joshua Schmitt. (Squitieri, Lee)
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ORDER: A telephonic status conference will be held on 2/1/2021 at 2:30 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/27/2021. (Farrell, Gillian)
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Filing 8
MOTION for pre motion conference by Joshua Schmitt. (Squitieri, Lee)
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Filing 7
SUMMONS Returned Executed by Joshua Schmitt. China XD Plastics Company, Limited served on 1/12/2021, answer due 2/2/2021. (Squitieri, Lee)
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Filing 6
SUMMONS Returned Executed by Joshua Schmitt. Faith Horizon, Inc. served on 12/18/2020, answer due 1/8/2021. (Squitieri, Lee)
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Filing 5
Summons Issued as to All Defendants. (Davis, Kimberly)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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Filing 3
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. (Davis, Kimberly)
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Filing 2
Proposed Summons. Re #1 Complaint, by Joshua Schmitt (Squitieri, Lee)
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Filing 1
COMPLAINT against China XD Plastics Company, Limited, Faith Dawn Limited, Faith Horizon, Inc., Huang Guanbao, Jie Han, Chen Huiyi, XD Engineering Plastics Company Limited, Linyuan Zhai, Taylor Zhang filing fee $ 402, receipt number ANYEDC-13817061 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joshua Schmitt. (Attachments: #1 Civil Cover Sheet) (Squitieri, Lee)
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Case Assigned to Judge Nicholas G. Garaufis 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. (Davis, Kimberly)
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