Castillo, IV v. 6D Global Technologies, Inc. et al
| Sixto Castillo, IV |
| 6D Global Technologies, Inc., New York Global Group, Inc., NYGG (Asia), Ltd., Benjamin Tianbing Wei, Tejune Kang, Mark Szynkowski, Adam Hartung, David S. Kaufman, Terry Mcewen, Anubhav Saxena, Adam Ware, Brian Warner, David Slovina, Gerard Casazza, Hilary Smith, Jason Porath, Kat Topaz, Mike Telatovich, Tandy Harris, Ray Robinson, TJ Iaciofano, Bei Lu, Nan Liu, Dianfu Lu, Arnold Staloff, Shuyuan Liu, Zili Zhao, Seref Dogan Erbek, Tianyi Wei, Michaela Wei, Robert Newman, Sheng Ma and Fegjun Sun |
| 1:2015cv08061 |
| October 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert W. Sweet |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
407
ORDER AWARDING ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND AWARDS TO PLAINTIFFS: NOW, THEREFORE, it is hereby ordered: 1. Rosen is awarded one-third of the Settlement Fund or $86,666.67 as attorneys' fees in this action, toget her with a proportionate share of the interest earned on the fund, at the same rate as earned by the balance of the fund, from the date of the establishment of the fund to the date of payment. 2. Rosen shall be awarded expenses in the amount of & #036;60,217.32. 4. Except as otherwise provided herein, the attorneys' fees, reimbursement of expenses, and Award to Plaintiffs shall be paid in the manner and procedure provided for in the Stipulation. IT IS SO ORDERED. (Signed by Judge Denise L. Cote on 11/1/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
396
ORDER: Accordingly, it is hereby ORDERED that the revised March 9 Notice, attached as Exhibit B to defendant Wey's March 24 letter, is approved. IT IS FURTHER ORDERED that a hearing on final approval of the proposed class action settleme nt ("Fairness Hearing") pursuant to Fed. R. Civ. P. 23(e) shall be held on October 6, 2023 at 10:00 a.m. in Courtroom 18B, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that the lead plaintiffs shall submit no later than March 31, 2023 a revised proposed order for preliminary approval of class settlement. The revised proposed order shall reference the corrected revised notice of class action settlement submitted by defendant Wey on March 24. Any attachments re ferenced in the revised proposed order must be attached to the revised proposed order. IT IS FURTHER ORDERED that the lead plaintiffs shall submit no later than March 31, 2023 a revised schedule for notice and approval of the class action set tlement consistent with the Fairness Hearing's October 6 date. SO ORDERED. ( Fairness Hearing set for 10/6/2023 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/24/2023) (vfr)
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Filing
394
ORDER: Accordingly, it is hereby ORDERED that, by March 15, 2023, the parties shall submit any proposed revisions or objections to the attached proposed notice. (Signed by Judge Denise L. Cote on 3/9/2023) (Attachments: # 1 Exhibit 1) (vfr)
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Filing
384
ORDER: terminated as moot 378 Motion for Sanctions. It having been reported to the Court that the parties have reached a settlement of this class action, it is hereby ORDERED that the plaintiff's October 6, 2022 motion for sanctions is termin ated as moot. IT IS FURTHER ORDERED that the parties shall move for preliminary approval of their class action settlement agreement no later than February 3, 2023. This date is firm and shall not be extended. SO ORDERED. (Signed by Judge Denise L. Cote on 10/18/2022) (ama)
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Filing
381
ORDER: On October 6, 2022, the plaintiffs filed a motion for sanctions against defendant Benjamin Wey. Accordingly, it is hereby ORDERED that any opposition to the motion is due on October 21, 2022. Any reply in support of the motion is due O ctober 28, 2022. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of the papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Responses due by 10/21/2022, Replies due by 10/28/2022.) (Signed by Judge Denise L. Cote on 10/7/2022) (vfr)
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Filing
367
OPINION AND ORDER re: 363 MOTION for Reconsideration re; 357 Memorandum & Opinion,,, . filed by Benjamin Tianbing Wei. Wey's July 11, 2022 motion for reconsideration is denied. (Signed by Judge Denise L. Cote on 7/15/2022) (kv)
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Filing
362
ORDER granting 360 Letter Motion for Discovery. The conference is adjourned to July 29 at 3:00 p.m. (Signed by Judge Denise L. Cote on 7/11/2022) (vfr)
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Filing
359
ORDER: Having received on July 1, 2022 the plaintiffs' letter, it is hereby ORDERED that any opposition to the letter shall be due no later than July 8, 2022. IT IS FURTHER ORDERED that the parties shall appear in a conference on Thursday, July 14, at 11:00 a.m. in Courtroom 18B, 500 Pearl Street. SO ORDERED. ( Responses due by 7/8/2022, Status Conference set for 7/14/2022 at 11:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/5/2022) (vfr)
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Filing
357
OPINION AND ORDER re: 334 MOTION to Certify Class filed by Mark Ghitis, Joseph Puddu, Valery Burlak, Adam Butter. The plaintiff's February 3, 2022 motion for class certification is granted. The following class is certified: A ll persons and entities, other than Defendants and their affiliates, who purchased the publicly traded common stock of 6D Global Technologies, Inc. f/k/a CleanTech Innovations, Inc. ("6D" or "CleanTech") from June 16, 2014 through September 10, 2015, both dates inclusive ("Class Period"), or in private placements taking place on September 29, 2014, and November 21, 2014. The Rosen Law Firm is appointed as class counsel. (Signed by Judge Denise L. Cote on 6/27/2022) (vfr)
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Filing
344
OPINION AND ORDER re: 301 MOTION to Dismiss the First Amended Third-Party Complaint filed by BDO USA, LLP, 303 THIRD PARTY MOTION to Dismiss First Amended Third-Party Complaint of Defendant/Third-Party Plaintiff, Benjamin Wey filed by Adam Hartung. The third-party defendants' October 29, 2021 motions to dismiss are granted. The FATPC is dismissed. BDO USA, LLP and Adam Hartung terminated. (Signed by Judge Denise L. Cote on 5/11/2022) (vfr)
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Filing
343
ORDER granting 342 Letter Motion for Extension of Time to File. Granted. (Signed by Judge Denise L. Cote on 4/21/2022) (vfr)
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Filing
339
ORDER: This case has been reassigned to me for all purposes. On February 8, 2022 the above captioned case was referred to Magistrate Judge Sarah Netburn for general pretrial and for dispositive motions. It is hereby ORDERED that the referral is vacated. SO ORDERED. (Signed by Judge Denise L. Cote on 4/19/2022) (vfr)
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Filing
328
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, February 14, 2022, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, February 7, 2022, by e-mail t o Netburn_NYSDChambers@nysd.uscourts.gov. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 2/14/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/4/2022) (ras)
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Filing
324
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/29/21) (yv)
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Filing
323
ORDER: The conference scheduled for Tuesday, January 4, 2022, at 10:00 a.m. will now be held telephonically. At the time of the conference, the parties shall dial into the Court's dedicated teleconferencing line at (877) 402-9757, and enter Access Code 7938632, followed by the pound (#) key. (Signed by Magistrate Judge Sarah Netburn on 12/27/2021) (ras)
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Filing
319
ORDER: By Monday, January 3, 2022, the parties shall file a status letter with the Court on the discovery disputes discussed in their joint letter filed on December 13, 2021. ECF No. 317. The letter shall state whether the parties believe that a co nference is necessary. If a conference is necessary, it will be held in-person on Tuesday, January 4, 2022, at 10 A.M. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. It is ORDERED that per the SDNY COVID- 19 Courthouse Entry Program, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. (Discovery Hearing set for 1/4/2022 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/14/2021) (ras)
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Filing
315
ORDER granting 311 Letter Motion for Discovery. The parties shall file a joint status letter on their negotiations on the outstanding discovery issues by Monday, December 13, 2021. The letter should address whether an in-person conference would be helpful in resolving these disputes. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/3/2021) (tg)
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Filing
310
ORDER terminating 307 Letter Motion for Discovery; terminating 308 Letter Motion for Discovery. Defendant seeks reconsideration of the Court's Order imposing attorney's fees on the grounds that he has now produced responsive docume nts and because his failure to comply previously with Court orders was unintentional. The motion is DENIED...Court orders are not advisory, to which a party may choose to follow or not. Although Defendant contends that he has now complied fully wit h his discovery obligations Plaintiffs dispute this; but this question is not yet before the Court his failure to follow Court orders is undisputed...To avoid this problem in the future, the parties shall respond to discovery disputes within three business days pursuant to this Court's Individual Rules of Practice. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 307 & 308. (Signed by Magistrate Judge Sarah Netburn on 11/22/2021) (ras)
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Filing
286
ORDER: Third-Party Plaintiff Benjamin Wey was ordered to file his Amended Complaint on September 22, 2021. ECF No. 279. By that deadline, he attempted to file his amended complaint but it has been rejected by the Court. Wey is ORDERED to file his Amended Complaint by Wednesday, October 6, 2021. If he fails to properly file his amended complaint by the deadline, he may be precluded from doing so in the future. (Amended Pleadings due by 10/6/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/4/2021) (ras)
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Filing
283
DISCOVERY CONFERENCE ORDER: A discovery conference to discuss the discovery issues raised at ECF 277 and 282 is scheduled for Wednesday, September 22, 2021, at 10:30 a.m. At that time the parties should dial into the Court's dedicated teleconf erencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Discovery Hearing set for 9/22/2021 at 10:30 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/20/2021) (ras)
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Filing
276
ORDER: The Court is in receipt of Plaintiffs' motion for issuance of a request for international judicial assistance. Dkt. No. 274. Defendant Wey may file an opposition to this request, if any, by September 2, 2021. If no opposition is filed by that date, the Court will consider the request to be unopposed. SO ORDERED. ( Responses due by 9/2/2021) (Signed by Judge Alison J. Nathan on 8/30/2021) (vfr)
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Filing
273
ORDER: On August 11, 2021, Third-Party Defendants each filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before August 24, 2021, Third-Party Plaintiff must notify the Court and its a dversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Third-Party Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Third-Party Defendants' August 11 motions to dismiss may well constitute a waiver of the Third-Party Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Third-Pa rty Defendants' briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Third-Party Plaintiff chooses to amend, Third-Party Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they rely on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/12/2021) (vfr)
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Filing
254
ORDER AND PARTIAL FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. This Order and Partial Final Judgment incorporates by reference the definitions in the Settlement Stipulation, and all capitalized terms used herein shall have the same meanings as set forth therein. 2. The Court has jurisdiction over the subject matter of the Action, Plaintiffs, all Settlement Class Members, and Settling Defendants. 3. The Court finds that, for settlement purposes only, the prerequisites for a class action under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied in that: as further set forth herein. 4. The Court hereby finally certifies this action as a class action for purposes of the Settlement, pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, on behalf of all Persons (including, without limitation, their beneficiaries) all persons and entities, other than Defendants and their affiliates, who purchased publicly traded 6D Gl obal Technologies, Inc. f/k/a CleanTech Innovations, Inc. ("6D Global" or the "Company") securities from June 16, 2014 through September 10, 2015, both dates inclusive. Excluded from the Settlement Class are (i) Defendants; (ii) c urrent and former officers and directors of 6D Global and any other Released Party; (iii) the persons expressly excluded from the definition of Released Parties in paragraph 1.28 of the Settlement Stipulation (a) through (d); (iv) the respective spou ses, children, or parents of any person or entity excluded under subparagraphs, (i) through (iii) of this paragraph; (v) any person or entity more than 5% owned or directly or indirectly controlled by any person or entity excluded under subparag raphs (i) through (iv) of this paragraph or any trust of which such a person is a beneficiary or of which any person or entity is related or affiliated to a beneficiary or a trustee; (vi) the respective heirs, successors, trustees and assigns of any person excluded under paragraphs (i) through (v); and (vii) those persons who file valid and timely requests for exclusion in accordance with the Court's Preliminary Approval Order. 5. Pursuant to Rule 23 of the Federal Rules of Civil Procedu re, for the purposes of this Settlement only, Plaintiffs are certified as the class representatives on behalf of the Settlement Class ("Class Representatives") and Lead Counsel previously selected by Plaintiffs and appointed by the Court is hereby appointed as Class Counsel for the Settlement Class ("Class Counsel"). The Settlement is approved as fair, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure, and in the best interests of the Settlement C lass. This Court further finds that the Settlement set forth in the Settlement Stipulation is the result of good faith, arm's length negotiations between experienced counsel representing the interests of Class Representative, Settlement Class Me mbers, and Settling Defendants. The Settling Parties are directed to consummate the Settlement in accordance with the terms and provisions of the Settlement Stipulation. 8. The Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against the Settling Defendants and the Released Parties. The Settling Parties are to bear their own costs, except as otherwise provided in the Settlement Stipulation. 19. There is no just reason for delay in the entry of this Order and Partial Final Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. 20. The finality of this Order and Partial Final Judgment shall not be affected, in any manner, by rulings that the Court may make on Class Counsel's application for an award of attorneys' fees and expenses to Class Counsel or awards to Class Representatives. 21. If the Settlement is not consummated in acc ordance with the terms of the Settlement Stipulation, then the Settlement Stipulation and this Order and Partial Final Judgment (including any amendment(s) thereof, and except as expressly provided in the Settlement Stipulation or by order of the Cou rt) shall be null and void, of no further force or effect, and without prejudice to any Settling Party, and may not be introduced as evidence or used in any action or proceeding by any Person against the Settling Parties or the Released Parties, and each Settling Party shall be restored to his, her or its respective litigation positions as they existed prior to October 7, 2019, pursuant to the terms of the Settlement Stipulation. (Signed by Judge Alison J. Nathan on 5/12/2021) (kv)
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Filing
237
OPINION & ORDER re: 218 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Strike Portions Thereof. filed by Benjamin Tianbing Wei. Wey's motion to dismiss the Second Amended Complaint and strike portions thereof is DENIED. This resolves Dkt. No. 218. The Court will schedule a pre-trial conference by separate Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/30/21) (yv)
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Filing
221
ORDER: On June 22, 2020, Defendant Benjamin Wey filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before July 2, 2020, Plaintiffs must notify the Court and their adversary in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendant's June 22 motion to dismiss may well constitute a waiver of Plaintiffs' right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plainti ffs choose to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that he relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2020) (ks)
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Filing
217
ORDER granting 214 Letter Motion for Extension of Time to File. The Court hereby adopts the parties' proposed briefing schedule. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/12/2020) (ks)
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Filing
213
OPINION & ORDER re: 185 MOTION to Vacate the Certificate of Default, dtd June 27, 2019 filed by Benjamin Tianbing Wei. The Court grants Wey's motion to vacate the default entered against him. Wey is ordered to respond to Plaintiffs' Second Amended Complaint within 14 days of the date of this Opinion and Order. Also within 14 days of the date of this Opinion and Order, Plaintiffs may, if necessary, submit letter briefing requesting that Wey pay their fees and costs in filing for the entry of default. This resolves Dkt. No. 185. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/31/2020) (rro)
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Filing
121
OPINION re: 111 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by 6D Global Technologies, Inc., Terry Mcewen, Mark Szynkowski, Tejune Kang: Based upon the conclusions set forth above, the Defendant's motion is granted, and the Second Amended Complaint is dismissed with prejudice. (Signed by Judge Robert W. Sweet on 3/6/2017) (jwh)
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