Jun v. 500.Com Limited et al
| Yang Jun |
| Zhengming Pan, Qiang Yuan and 500.Com Limited |
| Bryan Xuan and Brian Zhang |
| 2:2020cv00806 |
| February 13, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Sandra J Feuerstein |
| Steven M Gold |
| Allyne R Ross |
| A Kathleen Tomlinson |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 58 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Yang Jun take nothing of defendants 500.com Limited, Zhengming Pan, and Qiang Yuan; that defendants 500.com Limited and Qiang Yuan's motions to dismiss are granted; that the claims against defendant Zhengming Pan are dismissed sua sponte; that the case is dismissed; and that this case is closed. Ordered by Clerk of Court on 9/20/2021. (Toritto, Jim) |
Filing 57
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION granting #41 Motion to Dismiss; granting #46 Motion to Dismiss; adopting Report and Recommendations as to #54 Report and Recommendations. For the reasons set forth above, the Court hereby adopts the R&R in its entirety, and the case is dismissed. The Clerk of the Court is directed to enter judgment consistent with this Order and close the case. So Ordered by Judge Gary R. Brown on 9/20/2021. (Valle, Christine)
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| Filing 56 NOTICE by 500.Com Limited, Qiang Yuan re #54 REPORT AND RECOMMENDATIONS re #46 MOTION to Dismiss filed by Qiang Yuan, #41 MOTION to Dismiss filed by 500.Com Limited, #55 Objection to Report and Recommendations DEFENDANTS 500.COM LIMITED AND QIANG YUAN'S MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE REPORT AND RECOMMENDATION (Salceda, Ignacio) |
| Filing 55 OBJECTION to #54 Report and Recommendations filed by Bryan Xuan. (Fuks, Sara) |
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Filing 54
REPORT AND RECOMMENDATIONS re #41 , #46 MOTIONS to Dismiss. For the reasons set forth in the ATTACHED REPORT AND RECOMMENDATION, this Court respectfully recommends to Judge Brown that: (1) Defendant 500.com's motion to dismiss be GRANTED; (2) Defendant Yuan's motion to dismiss be GRANTED; and (3) the claims against Defendant Pan be dismissed sua sponte. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/13/2021. (Tomlinson, A.)
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ORDER re #46 MOTION to Dismiss filed by Qiang Yuan, #41 MOTION to Dismiss filed by 500.Com Limited. On 6/11/2021 the case was randomly reassigned to Judge Gary R. Brown. The motions to dismiss, DE 41 and DE 46 remain referred to Judge Tomlinson for Report and Recommendation. Ordered by Judge Gary R. Brown on 6/16/2021. c/ecf (Johnston, Linda)
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| NOTICE: Whereas one or more parties does not consent to jurisdiction by a Magistrate Judge for all purposes. Pursuant to 28 U.S.C. 636(c)(1), this case will be randomly assigned to a District Judge and will remain referred to Magistrate Judge A. Kathleen Tomlinson for all pretrial, non-dispositive matters. (Florio, Lisa) |
| Case randomly reassigned to Judge Gary R. Brown. Judge Sandra J. Feuerstein no longer assigned to the 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. (Florio, Lisa) |
| Filing 53 NOTICE by 500.Com Limited, Qiang Yuan re #52 Notice(Other) DEFENDANTS 500.COM LIMITED AND QIANG YUAN'S RESPONSE TO PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY (Salceda, Ignacio) |
| Filing 52 NOTICE by Bryan Xuan of Supplemental Authority (Attachments: #1 Exhibit A) (Fuks, Sara) |
| Filing 51 NOTICE regarding # Administrative Order No. 2021-08 In Re: Matter of Cases Previously Assigned to the Honorable Sandra J. Feuerstein. As set forth in Admin. Order No. 2021-08, the duty to respond to the order is mandatory. Each party must indicate their intent by completing the attached Election Form and returning it to the Clerk's Office within thirty (30) days of the date of the order. In the case of a newly added party, such party has thirty days from the date of appearance in the case in which to return their election form. Election Forms are NOT to be filed via ECF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722.CF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. (Florio, Lisa) |
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ORDER. The Court acknowledges receipt of counsels' voicemail inquiry regarding the scheduling of oral argument for defendants' motion to dismiss. Once the Court has reviewed all of the motion papers, it will make a determination as to whether oral argument is necessary, at which point counsel will be contacted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/9/2021. (Wolf, Deanna)
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| Filing 50 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 2/25/2021: Plaintiff and defendants counsel present; Case called. OTHER: Motions #41 and #46 are referred to the assigned magistrate judge. A telephone conference is scheduled on 7/27/2021 at 9:00 am. At that time, the parties shall call the teleconferencing number (877)336-1280 and follow the automated instructions; the access code is 7215690. Motions referred to A. Kathleen Tomlinson. (Cubano, Jazmin) |
| Filing 49 REPLY in Support re #46 MOTION to Dismiss filed by Qiang Yuan. (Salceda, Ignacio) |
| Filing 48 MEMORANDUM in Opposition re #46 MOTION to Dismiss filed by Qiang Yuan. (Salceda, Ignacio) |
| Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss filed by Qiang Yuan. (Salceda, Ignacio) |
| Filing 46 MOTION to Dismiss by Qiang Yuan. (Salceda, Ignacio) |
| Filing 45 REPLY in Support re #41 MOTION to Dismiss filed by 500.Com Limited. (Salceda, Ignacio) |
| Filing 44 MEMORANDUM in Opposition re #41 MOTION to Dismiss filed by 500.Com Limited. (Salceda, Ignacio) |
| Filing 43 AFFIDAVIT/DECLARATION in Support re #41 MOTION to Dismiss filed by 500.Com Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Salceda, Ignacio) |
| Filing 42 MEMORANDUM in Support re #41 MOTION to Dismiss filed by 500.Com Limited. (Salceda, Ignacio) |
| Filing 41 MOTION to Dismiss by 500.Com Limited. (Salceda, Ignacio) |
| Filing 40 NOTICE of Appearance by Sheryl Shapiro Bassin on behalf of Qiang Yuan (aty to be noticed) (Bassin, Sheryl) |
| Filing 39 NOTICE of Appearance by Ignacio E. Salceda on behalf of Qiang Yuan (aty to be noticed) (Salceda, Ignacio) |
| Filing 38 Letter to The Honorable Sandra J. Feuerstein regarding service of Investors' Memoranda of Law in Opposition to Defendant 500.com's and Defendant Qiang Yuan's Motions to Dismiss by Bryan Xuan (Fuks, Sara) |
| Case Reassigned to Magistrate Judge A. Kathleen Tomlinson. Magistrate Judge Steven M. Gold no longer assigned to the 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. (Gillespie, Saudia) |
| Filing 37 Letter to The Honorable Sandra J. Feuerstein regarding service of DEFENDANT QIANG YUAN'S MOTION TO DISMISS SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by Qiang Yuan (Schor, Gideon) |
| Filing 36 Letter to The Honorable Sandra J. Feuerstein regarding service of DEFENDANT 500.COM LIMITED'S MOTION TO DISMISS SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by 500.Com Limited (Schor, Gideon) |
| Filing 35 AMENDED COMPLAINT (Second Amended Complaint) against 500.Com Limited, Zhengming Pan, Qiang Yuan, filed by Yang Jun. (Attachments: #1 Exhibit 1) (Cubano, Jazmin) |
| Incorrect Case/Document/Entry Information: Original DE 35 (AMENDED COMPLAINT Second Amended Complaint against 500.Com Limited, Qiang Yuan, filed by Bryan Xuan. (Attachments: # 1 Exhibit 1) (Fuks, Sara)) was deleted. All defendants were not selected. The Clerks Office will refile the document and make all necessary corrections. (Cubano, Jazmin) |
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Filing 34
ORDER granting #33 Motion to Amend/Correct/Supplement: NOW, THEREFORE, the undersigned parties, through their attorneys and subject to the Courts approval, Stipulate and agree to the following: 1. Plaintiffs shall file a Second Amended Complaint by November 20, 2020; 2. 500.com and Yuan shall move, answer, or otherwise respond to the Second Amended Complaint by December 21, 2020; 3. If 500.com and/or Yuan file a motion to dismiss Plaintiffs shall file their opposition to the motion by January 20, 2021, and 500.com and Yuan shall file their reply in further support of any motion to dismiss by February 19, 2021. 4. All deadlines associated with 500.coms and Yuans motions to dismiss the Complaint are vacated. The status conference scheduled for Jan. 20, 2021 is adjourned to Feb. 25, 2021 at 10:00 a.m. and will be held by telephone. At that time, the parties shall call the teleconferencing number (877)336-1280 and follow the automated instructions; the access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 10/22/2020. (Cubano, Jazmin)
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| Filing 33 MOTION to Amend/Correct/Supplement Stipulation and Proposed Order Permitting Plaintiffs to File Second Amended Complaint by Bryan Xuan. (Fuks, Sara) |
| Filing 32 Letter to The Honorable Sandra J. Feuerstein regarding service of Defendant Qiang Yuan's Motion to Dismiss the Amended Consolidated Class Action Complaint for Violations of the Federal Securities Laws by Qiang Yuan (Schor, Gideon) |
| Filing 31 Letter Cover Letter to Plaintiffs Memorandum of Law in Opposition to Defendant 500.com Limiteds Motion to Dismiss by Bryan Xuan (Fuks, Sara) |
| Filing 30 STIPULATION SETTING SCHEDULE FOR DEFENDANT QIANG YUAN by 500.Com Limited, Qiang Yuan (Schor, Gideon) |
| Filing 29 Letter to The Honorable Sandra J. Feuerstein regarding service of Defendant 500.com Limited's Motion to Dismiss the Amended Consolidated Class Action Complaint for Violations of the Federal Securities Laws by 500.Com Limited (Schor, Gideon) |
| Filing 28 Summons Issued as to 500.Com Limited, Zhengming Pan, Qiang Yuan. (Cubano, Jazmin) |
| Filing 27 NOTICE of Appearance by Ignacio E. Salceda on behalf of 500.Com Limited (notification declined or already on case) (Salceda, Ignacio) |
| Filing 26 Proposed Summons. by Bryan Xuan (Rosen, Laurence) |
| Filing 25 STIPULATION AMENDED STIPULATION AND PROPOSED ORDER SETTING BRIEFING SCHEDULE by 500.Com Limited (Schor, Gideon) |
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ORDER: Granting #21 Motion for Leave to Appear Pro Hac Vice. Attorney Ignacio E. Salceda shall register for ECF, registration is available online at www.pacer.gov. 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 the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven M. Gold on 6/30/2020. (Gillespie, Saudia)
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| Filing 24 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: for Civil Cause for Initial Conference Hearing held on 6/29/2020: Plaintiff - Sara Fuks present; Defendant - Gideon Schor and Ignacio Salceda present; Case called. OTHER: A further telephone conference is scheduled before Judge Feuerstein on 1/20/2021 at 11:00 am. At the assigned time, the parties are directed to callthe teleconferencing number (877) 336-1280 and follow the automated instructions. The access code is 7215690 (Cubano, Jazmin) |
| Filing 23 AMENDED COMPLAINT against 500.Com Limited, Zhengming Pan, Qiang Yuan, filed by Bryan Xuan. (Fuks, Sara) |
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Filing 22
ORDER re #20 Stipulation filed by Bryan Xuan: NOW, THEREFORE, the undersigned parties, through their attorneys and subject to the following: 500.com has no obligation to answer, move to dismiss, or otherwise respond toany complaint in this consolidated action other than Lead Plaintiff's Consolidated Amended Complaint; Lead Plaintiff shall file his Consolidated Amended Complaint by June 25, 2020; 500.com shall move, answer, or otherwise respond to the Consolidated Amended Complaint by July 27, 2020; If 500.com files a motion to dismiss, Lead Plaintiff shall file his opposition to the motion by Sept. 28, 2020 and 500.com shall file its reply in further support of any motion to dismiss by Nov. 16, 2020; The telephone conference scheduled for 6/29/20 will proceed as scheduled. So Ordered by Judge Sandra J. Feuerstein on 6/22/2020. (Cubano, Jazmin)
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| Filing 21 MOTION to Appear Pro Hac Vice - Ignacio E. Salceda Filing fee $ 150, receipt number ANYEDC-12960278. by 500.Com Limited. (Salceda, Ignacio) |
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Electronic ORDER: The conference scheduled for 6/18/20 is adjourned to 6/29/20 at 11:00 a.m. and will be held by telephone. At the assigned time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions. The access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 6/1/2020. (Disbrow, Sandra)
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| Filing 20 STIPULATION and [Proposed] Order Setting Pleading and Briefing Schedule by Bryan Xuan (Fuks, Sara) |
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Electronic ORDER: Initial Conference set for 6/18/2020 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Ordered by Judge Sandra J. Feuerstein on 4/7/2020. (Disbrow, Sandra)
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ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein for all further proceedings. Judge Allyne R. Ross 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 4/6/2020. (Davis, Kimberly)
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| Filing 19 NOTICE of Appearance by Sheryl Shapiro Bassin on behalf of 500.Com Limited (aty to be noticed) (Bassin, Sheryl) |
| Filing 18 NOTICE of Appearance by Gideon A. Schor on behalf of 500.Com Limited (aty to be noticed) (Schor, Gideon) |
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ORDER denying #10 Motion to Appoint Counsel; granting #14 Motion to Appoint Counsel. Competing motions for appointment as lead plaintiff and selection of lead counsel were filed by movants Bryan Xuan and Brian Zhang on March 16, 2020. Dkt. 9; Dkt 10. District Judge Allyne R. Ross referred the motions to me. Dkt. 13. Zhang has since withdrawn his motion, Dkt. 16, and the time to oppose Xuan's motion expired on March 16, 2020, Dkt. 12-2; Dkt. 15-1; 15 U.S.C. 78u-4(3)(A)(i)(II). Accordingly, Xuan's motion for appointment as lead plaintiff and approval of his selection of lead counsel is granted as unopposed. Ordered by Magistrate Judge Steven M. Gold on 3/26/2020. (Clancy, Emma)
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| Filing 17 NOTICE of Appearance by Sara Esther Fuks on behalf of Bryan Xuan (aty to be noticed) (Fuks, Sara) |
| Filing 16 NOTICE by Brian Zhang re #10 MOTION to Appoint Counsel NOTICE OF MOTION OF BRIAN ZHANG FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL NOTICE OF NON-OPPOSITION OF BRIAN ZHANG TO COMPETING MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL (Lieberman, Jeremy) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Appoint Counsel and Lead Plaintiff filed by Bryan Xuan. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Cert., #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume) (Kim, Phillip) |
| Filing 14 MOTION to Appoint Counsel and Lead Plaintiff by Bryan Xuan. (Attachments: #1 Proposed Order) (Kim, Phillip) |
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Filing 13
ORDER respectfully referred for decision by Judge Gold re #10 Appoint NOTICE OF MOTION OF BRIAN ZHANG FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Brian Zhang. ( Ordered by Judge Allyne R. Ross on 3/17/2020 ) (Guzzi, Roseann)
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| Filing 12 AFFIDAVIT/DECLARATION in Support re #10 MOTION to Appoint Counsel NOTICE OF MOTION OF BRIAN ZHANG FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Brian Zhang. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Firm Resume) (Lieberman, Jeremy) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Appoint Counsel NOTICE OF MOTION OF BRIAN ZHANG FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Brian Zhang. (Lieberman, Jeremy) |
| Filing 10 MOTION to Appoint Counsel NOTICE OF MOTION OF BRIAN ZHANG FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by Brian Zhang. (Attachments: #1 Proposed Order) (Lieberman, Jeremy) |
| Filing 9 NOTICE by Bryan Xuan of Filing of PSLRA Motion for Appointment as Lead Plaintiff in First Filed Case in United States District of New Jersey (Attachments: #1 Exhibit 1 - Movant's Moving Papers) (Rosen, Laurence) |
| Filing 8 Summons Issued as to 500.Com Limited, Zhengming Pan, Qiang Yuan. (Guzzi, Roseann) |
| Filing 7 Proposed Summons. Re Quality Control Check - Summons, #1 Complaint, by Yang Jun (Lieberman, Jeremy) |
| Filing 6 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. (Rodin, Deanna) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Additional attachment(s) added on 2/14/2020: #1 Additional Corrections) (Rodin, Deanna). |
| Your proposed summons was not issued for one of the following reasons: No address listed in the To Section for the defendants. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Steven M. Gold. 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. (Rodin, Deanna) |
| Filing 4 NOTICE of Appearance by J. Alexander Hood on behalf of Yang Jun (aty to be noticed) (Hood, J. Alexander) |
| Filing 3 Proposed Summons. Re #1 Complaint by Yang Jun (Lieberman, Jeremy) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Yang Jun (Lieberman, Jeremy) |
| Filing 1 COMPLAINT against 500.Com Limited, Zhengming Pan, Qiang Yuan filing fee $400, receipt number ANYEDC-12391371, filed by Yang Jun. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Certification, #2 Schedule A) (Lieberman, Jeremy) Modified on 2/14/2020 (Rodin, Deanna). |
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