Goldstein v. Puda Coal, Inc. et al
| Harriet Goldstein |
| Puda Coal, Inc., Ming Zhao, Liping Zhu, Qiong Laby Wu, Yao Zhao, Brean Murray, Carret & Co., LLC and Macquarie Capital (USA) Inc. |
| 1:2011cv02598 |
| April 15, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Barbara S. Jones |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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Filing
654
OPINION AND ORDER ACCEPTING REPORT AND RECOMMENDATION.....Finding no clear error in Magistrate Judge Pitmans Report, the Report is adopted without modification. The Clerk of Court shall enter judgment against Puda Coal, Inc. and Ming Zhao, jointly a nd severally, for $228 million. Appellate review of this decision is unavailable because neither party filed written objections to the Magistrate Judges Report. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). (Signed by Judge Denise L. Cote on 2/8/2017) Filed In Associated Cases: 1:11-cv-02598-DLC-HBP et al.(gr)
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Filing
650
REPORT AND RECOMMENDATION: Defaulting defendants have not made any written submissions to me, nor have they contacted my chambers in any way. Accordingly, I make the following findings of fact and conclusions of law as to the defaulting defendants o n the basis of plaintiffs' written submissions alone. (As further set forth in this Report.) Accordingly, for all the foregoing reasons, I respectfully recommend that judgment be entered for plaintiffs against Puda and Zhao, jointly and severally, in the amount of $228 million, plus post-judgment interest, with costs to be taxed by the Clerk of the Court. Objections to R&R due by 1/20/2017 (Signed by Magistrate Judge Henry B. Pitman on 1/6/2017) Copies Sent By Chambers (cf)
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Filing
639
MEMORANDUM OPINION AND ORDER.....The plaintiffs motion to appoint Seiden as Receiver of Puda is denied. The plaintiffs shall provide, by December 19, a proposal for the allocation of the $125,000 in MSPC settlement funds. (Signed by Judge Denise L. Cote on 12/16/2016) (gr)
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Filing
399
OPINION AND ORDER: re: (373 in 1:11-cv-02598-KBF) MOTION to Dismiss the Second Consolidated Class Amended and Supplemental Complaint. filed by Macquarie Capital (USA) Inc., (370 in 1:11-cv-02598-KBF) MOTION to Dismiss Count IV (S ecurities Fraud) Of The Second Consolidated Amended And Supplemental Complaint. filed by Brean Murray, Carrt & Co., LLC. For the reasons set forth above, the underwriters' motions to dismiss the complaint are DENIED. The Clerk of Court sha ll terminate the motions at ECF Nos. 370 and 373. The parties shall confer and submit a proposed schedule for there solution of this matter within 10 days, or no later than Thursday, July 24, 2014. (Signed by Judge Katherine B. Forrest on 7/14/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(js) Modified on 7/14/2014 (js).
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Filing
390
CORRECTED OPINION & ORDER re: (297 in 1:11-cv-02598-KBF) MOTION to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou and, filed by Moore Stephens, P.C., (364 in 1:11-cv-02598-KBF) MOTION to Strike Declarations o f Anita C.M. Hou and Supplemental Declaration, filed by Moore Stephens, P.C., (298 in 1:11-cv-02598-KBF) MOTION to Disqualify Notice of Motion to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou, filed by Moo re Stephens, P.C.: For the reasons set forth above, the Auditors' motions for summary judgment are GRANTED; the Auditors' motions to exclude Hou and strike her declarations are GRANTED; plaintiffs' motions to exclude Mackintosh, Nu rczynski, and Weimin are DENIED; and plaintiffs' motion to strike MSHK's Rule 56.1 reply is DENIED. The Clerk of Court shall close the motions at ECF Nos. 297, 298, and 364 and remove the Opinion & Order at ECF No. 384 from the docket. (Signed by Judge Katherine B. Forrest on 6/25/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (tn)
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Filing
384
OPINION & ORDER re: (297 in 1:11-cv-02598-KBF) MOTION to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou and, filed by Moore Stephens, P.C., (364 in 1:11-cv-02598-KBF) MOTION to Strike Decl arations of Anita C.M. Hou and Supplemental Declaration, filed by Moore Stephens, P.C., (298 in 1:11-cv-02598-KBF) MOTION to Disqualify Notice of Motion to Disqualify and Exclude Plaintiffs' Expert Report and Testimony of Anita C.M. Hou, filed by Moore Stephens, P.C. For the reasons set forth above, the Auditors' motions for summary judgment are GRANTED; the Auditors' motions to exclude Hou and strike her declarations are GRANTED; plaintiffs' motions to excl ude Mackintosh, Nurczynski, and Weimin are DENIED; and plaintiffs' motion to strike MSHK's Rule 56.1 reply is DENIED. The Clerk of Court shall close the motions at ECF Nos. 297, 298, and 364. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/17/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al.(ja)
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Filing
263
OPINION & ORDER re: (258 in 1:11-cv-02598-KBF) MOTION to Amend/Correct (47) Amended Complaint filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Ventures, Steven Weissmann, (199 in 1:11-cv-02598-KBF) MOTION for Partial Summary Judg ment re: (198) First Motion for Partial Summary Judgment filed by Moore Stephens, P.C., (216 in 1:11-cv-02598-KBF) MOTION to Certify Class [Notice of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives a nd Class Counsel]. MOTION to Certify Class [Notice of Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel] filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Venture s, Steven Weissmann, (194 in 1:11-cv-02598-KBF) MOTION for Summary Judgment filed by C. Mark Tang, Lawrence Wizel, (198 in 1:11-cv-02598-KBF) FIRST MOTION for Partial Summary Judgment filed by Moore Stephens, P.C., (188 in 1:11-cv-02598-KBF) MOTION f or Summary Judgment filed by Macquarie Capital (USA) Inc., (176 in 1:11-cv-02598-KBF) MOTION to Intervene By Plaintiffs and Trellus Management Company LLC filed by Thomas Rosenberger, Howard Pritchard, Salomon Querub, Hotel Ventures, Steven We issmann, (196 in 1:11-cv-02598-KBF) FIRST MOTION for Summary Judgment filed by Moore Stephens Hong Kong. For the reasons set forth above, the Underwriter defendants' motion for summary judgment is GRANTED; the Outside Director defendants' motion for summary judgment is GRANTED; the Auditor defendants' motions for summary judgment are GRANTED; Trellus's motion to intervene is DENIED; plaintiffs' motion for class certification and appointment of class representatives and class counsel is GRANTED as modified; and plaintiffs' motion for leave to amend is DENIED. The Clerk of the Court is directed to terminate the motions at ECF Nos. 176, 188, 194, 196, 198, 199, 216, and 258. (Signed by Judge Katherine B. Forrest on 10/1/2013) Filed In Associated Cases: 1:11-cv-02598-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
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