Qian v. Ubiquiti Networks, Inc. et al
| Xiya Qian |
| Craig L. Foster, Mark Spragg, Robert J. Pera, Ubiquiti Networks, Inc. and Kevin Radigan |
| John Kho |
| 1:2018cv01841 |
| February 28, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Victor Marrero |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting (54) Motion for Disbursement of Funds in case 1:18-cv-01620-VMIT IS HEREBY ORDERED THAT: Lead Plaintiff's Motion is granted; Distribution of the Net Settlement Fund, as set forth in the Segura Declaration, will commence no later than thirty (30) calendar days after entry of this Order; All other provisions as further set forth in this order. 9. JND will be paid outstanding fees and expenses in the amount of $524,683.04; All persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the claims submitted herein or otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund are released and discharged from any and all claims arising out of such involvement, and all Settlement Class Members, whether or not they are to receive payment from the Net Settlement Fund, are barred from making any further claim against the Net Settlement Fund or the released persons beyond the amount allocated to them pursuant to this Court's order; One year after the Second Distribution, if that occurs, or, if there is no Second Distribution, two years after the Initial Distribution (as those terms are defined in the Segura Declaration), JND may destroy the paper copies of the Claims and all supporting documentation, and one year after all funds have been distributed, JND may destroy electronic copies of the same; and This Court shall retain jurisdiction over any further application or matter that may arise in connection with this Action. So Ordered. (Signed by Judge Victor Marrero on 11/30/2020) Filed In Associated Cases: 1:18-cv-01620-VM, 1:18-cv-01841-VM, 1:18-cv-02242-VM (js)
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Filing 23
FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT AND ORDER OF DISMISSAL WITH PREJUDICE: Attorney's Fees - Lead Counsel is awarded attorneys' fees in the amount of $5,000,000.00, and expenses in the amount of $91,267.89, plus any applicable interest, such amounts to be paid out of the Settlement Fund immediately following entry of this order. Lead counsel shall thereafter be solely responsible for allocating the attorneys' fees and expenses among other Lead Plaintiff's counsel in the manner in which Lead Counsel in good faith believe reflects the contributions of such counsel to the initiation, prosecution, and resolution of the Action. Lead Plaintiff awarded $5,000.00. as a Compensatory Award for reasonable costs and expenses directly relating to the representation of the Settlement Class as provided in 15 U.S.C. 78u-4(a)(4), such amounts to be paid from the Settlement Fund upon the Effective Date of the Settlement.There is no just reason to delay the entry of this Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment in this Action. So Ordered. List of Persons and Entities Excluded from the Settlement Class Pursuant to Request 1.Sergey S. Ermolenko 2 Michael J. Smith 3.Robert Gordon Kay, Jr. and Judy White Kay 4.Robert H. Floyd Jr. 5.Scott Paine (Signed by Judge Victor Marrero on 3/27/2020) Filed In Associated Cases: 1:18-cv-01620-VM, 1:18-cv-01841-VM, 1:18-cv-02242-VM (js) Modified on 3/27/2020 (js).
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Filing 22
STIPULATION AND AMENDED SCHEDULING ORDER, NOW, THEREFORE, the undersigned parties, through their attorneys and subject to the Court's approval, stipulate and agree as follows: Defendants' deadline to move, answer, or otherwise respond to the Consolidated Amended Complaint shall be March 22, 2019. If the response is by motion, Lead Plaintiff shall file its opposition brief, if any, by May 21, 2019. If the response is by motion, Defendants shall file their reply brief, if any, by June 20, 2019. By entering this stipulation, the parties do not waive, but rather expressly preserve, all rights and defenses they may have in this action, including, without limitation, any personal jurisdiction defenses. So Ordered. (Responses due by 5/21/2019, Replies due by 6/20/2019.) (Signed by Judge Victor Marrero on 2/7/19) Filed In Associated Cases: 1:18-cv-01620-VM, 1:18-cv-01841-VM, 1:18-cv-02242-VM(yv)
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| Set/Reset Deadlines: Craig L. Foster answer due 3/22/2019; Robert J. Pera answer due 3/22/2019; Kevin Radigan answer due 3/22/2019; Mark Spragg answer due 3/22/2019; Ubiquiti Networks, Inc. answer due 3/22/2019. (yv) |
| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc., Ubiquiti Networks, Inc.. (Kazanoff, Peter) |
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Filing 20
ORDER CONSOLIDATING RELATED ACTIONS, APPOINTING LEAD PLAINTIFF, AND APPROVING SELECTION OF COUNSEL granting (14) Motion to Consolidate Cases; granting (14) Motion to Appoint; granting (14) Motion to Approve in case 1:18-cv-01620-VM. IT IS HEREBY ORDERED THAT: Pursuant to Federal Rule of Civil Procedure 42, the above-captioned actions are hereby consolidated for all purposes into one action. These actions shall be referred to herein as the "Consolidated Action." This Order shall apply to the Consolidated Action and to each case that is subsequently filed in this Court that relates to the same subject matter as in the Consolidated Action. Having reviewed all pending motions and accompanying memoranda of law, the Court hereby appoints Xiya Qian ("Qian") as Lead Plaintiff in the above captioned action; and as further set forth herein. SO ORDERED. (Signed by Judge Victor Marrero on 10/23/2018) Filed In Associated Cases: 1:18-cv-01620-VM, 1:18-cv-01841-VM, 1:18-cv-02242-VM (anc)
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| CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-01620-VM. (anc) |
| Filing 19 NOTICE OF APPEARANCE by Vincent Michael Serra on behalf of John Kho. (Serra, Vincent) |
| Filing 18 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of John Kho. (Rosenfeld, David) |
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Filing 17
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the Plaintiff and the attorneys for Ubiquiti and the Individual Defendants, as follows: Ubiquiti and the Individual Defendants shall not be required to answer or otherwise respond to, and are hereby expressly relieved from answering or otherwise responding to, the complaint in the above-captioned action subject to the provisions of paragraph 3 below. Within ten (10) days after the entry of an order appointing, pursuant to the PSLRA, lead plaintiff(s) and lead counsel in the above-captioned action (or a consolidated action encompassing the above-captioned action), lead plaintiff(s) shall (a) inform Ubiquiti and the Individual Defendants that it intends to serve and file a consolidated class action complaint within sixty (60) days after entry of the order appointing lead plaintiff(s), which shall serve as the operative complaint in the action and shall supersede any other complaints filed in and/or transferred to this Court or (b) notify counsel for Ubiquiti and the Individual Defendants that the original complaint filed by lead plaintiff(s) will be the operative complaint in the action. If lead plaintiff(s) serves and files an amended or consolidated complaint, the deadline for Ubiquiti and the Individual Defendants to respond to that complaint shall be sixty (60) days following service of the amended or consolidated complaint. If lead plaintiff(s) notifies Ubiquiti and the Individual Defendants that the original complaint shall serve as the operative complaint, the deadline for Ubiquiti and the Individual Defendants to respond to the original complaint shall be sixty (60) days after the lead plaintiff(s) provides such notice. There have been no previous requests for an extension of time for Ubiquiti or the Individual Defendants to move or answer in response to Plaintiff's complaint. (Docketed in 18cv1841 and 18cv1620) (Signed by Judge Victor Marrero on 3/15/2018) (ap) Modified on 3/16/2018 (ap).
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| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc..(Kazanoff, Peter) |
| Filing 15 NOTICE OF APPEARANCE by Sarah Lynn Eichenberger on behalf of Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc.. (Eichenberger, Sarah) |
| Filing 14 NOTICE OF APPEARANCE by Jonathan Thomas Menitove on behalf of Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc.. (Menitove, Jonathan) |
| Filing 13 NOTICE OF APPEARANCE by Nicholas Stoloff Goldin on behalf of Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc.. (Goldin, Nicholas) |
| Filing 12 NOTICE OF APPEARANCE by Peter Eric Kazanoff on behalf of Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc.. (Kazanoff, Peter) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-01620-VM. Notice of Assignment to follow. (jc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Mark Spragg. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Craig L. Foster. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Robert J. Pera, Kevin Radigan, Ubiquiti Networks, Inc.. (sj) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Mark Spragg, re: #1 Complaint,. Document filed by Xiya Qian. (Lieberman, Jeremy) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Craig L. Foster, re: #1 Complaint,. Document filed by Xiya Qian. (Lieberman, Jeremy) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Victor Marrero as possibly related to 1:18cv1620. (sj) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-CV-1620. Document filed by Xiya Qian.(Hood, Joseph) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Xiya Qian.(Hood, Joseph) |
| Filing 4 NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Xiya Qian. (Hood, Joseph) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to UBIQUITI NETWORKS, INC., ROBERT J. PERA, KEVIN RADIGAN, re: #1 Complaint,. Document filed by Xiya Qian. (Lieberman, Jeremy) |
| Filing 2 CIVIL COVER SHEET filed. (Lieberman, Jeremy) |
| Filing 1 COMPLAINT against Craig L. Foster, Robert J. Pera, Kevin Radigan, Mark Spragg, Ubiquiti Networks, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14756452)Document filed by Xiya Qian. (Attachments: #1 Certification, #2 Schedule A)(Lieberman, Jeremy) |
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