Leshinsky v. Wang et al
| Steve Leshinsky |
| James Jun Wang, Zhijuan Guo, Weiguo Wang, Arnold Staloff and Smartheat, Inc. |
| 1:2012cv06682 |
| August 31, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
170
OPINION & ORDER #105156 re: 153 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from A. Ross Pearlson, Esq. dated October 10, 2014. filed by Smartheat, Inc., 159 MOTION to Strike Document No. 150 Dec laration of William McGrath. filed by Stream Sicav, 144 MOTION to Certify Class . filed by Tien Chung. For the reasons set out above, plaintiffs' motion for class certification is denied. The Clerk of Court is respectfully d irected to terminate the motions pending at docket numbers 144, 153, and 159. The schedule set out in the body of this opinion is hereby ordered., ( Motions due by 2/17/2015., Responses due by 3/16/2015., Replies due by 3/31/2015.) (Signed by Judge Paul A. Engelmayer on 1/21/2015) (lmb) Modified on 1/21/2015 (ca).
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Filing
138
OPINION & ORDER: For the foregoing reasons, plaintiffs' motion to compel SmartHeat to produce responsive documents held by its subsidiaries is denied. When this dispute arose on January 3, 2014, roughly three and a half months remained until the close of fact discovery on April16, 2014. See Dkt. 76. Accordingly, the parties are directed, by June 20, 2014, to submit a proposed revised case management plan, setting forth a schedule under which merits discovery will conclude no later than September 26, 2014, about three and a half months from the date of this order. (Signed by Judge Paul A. Engelmayer on 6/12/2014) (ajs)
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Filing
114
OPINION AND ORDER re: 78 MOTION to Certify Class filed by Tien Chung, Stream Sicav. The Court, accordingly, denies, Stream Sicav's motion for class certification, without prejudice to Stream Sicav's right to move again for such certificat ion following the resolution of Halliburton and defendants' compliance with their discovery obligations. The Clerk of Court is respectfully directed to terminate the motion pending at docket 78. (Signed by Judge Paul A. Engelmayer on 3/17/2014) (cd)
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Filing
70
OPINION & ORDER: For the reasons stated above: 1. SmartHeat's motion to dismiss for failure to state a claim is denied. 2. Stream SICAV's motion to strike is denied. Stream SICAV sought to strike the stockholder list in order to assure tha t the list was not considered for the truth of the matters asserted therein. The Court has not done so. Accordingly, there is no need to strike the list. 3. Stream SICAV's motion for alternative service of Wang under Rule 4(f)(3) is granted. Pl aintiffs are ordered to effect service on Wang by sending, via certified mail, a copy of the SAC and summons to (l) SmartHeat, Inc.'s registered agent and (2) SmartHeat, Inc.'s counsel of record in this litigation. Service shall be deemed e ffective 5 days after plaintiffs have mailed the documents. The Court will hold a conference to discuss the management of this case on October 16, 2013, at 9:00 a.m., in courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. In advance of that conference, the Court directs the parties to meet and confer and to prepare a Civil Case Management Plan and Scheduling Order in accordance with the Court's Individual Rules. The Court expects the schedul e to provide for completion of fact discovery within four months. Counsel are directed to submit the Civil Case Management Plan and Scheduling Order to the Court by October 14, 2013. (Signed by Judge Paul A. Engelmayer on 10/7/2013) (djc) Modified on 10/7/2013 (djc).
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