Ramzan v. GDS Holdings Limited et al
| Hamza Ramzan and Michael Zollo |
| William Wei Huang, GDS Holdings Limited and Daniel Newman |
| Yuanli He and Maria M. Queri |
| 1:2019cv09154 |
| October 3, 2019 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Securities/Commodities |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, subject to the approval of this Court, that: 1. Defendants shall file their renewed motion to dismiss by December 6, 2019; 2. Plaintiffs shall file their opposition by January 27, 2020, and 3. Defendants shall file their reply by February 26, 2020. SO ORDERED. (Motions due by 12/6/2019, Responses due by 1/27/2020, Replies due by 2/26/2020.) (Signed by Judge Lewis A. Kaplan on 10/23/2019) (jca)
|
| Filing 55 PROPOSED STIPULATION AND ORDER. Document filed by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Kreissman, James) |
|
Filing 54
ORDER GRANTING MOTION FOR WITHDRAW AL OF L. KIRSTINE ROGERS AS COUNSEL granting #51 Motion to Withdraw as Attorney. The Court, having considered the Motion for Withdrawal of L. Kirstine Rogers as counsel for Plaintiffs, and finding good cause for such, hereby GRANTS the motion in its entirety. L. Kirstine Rogers is hereby removed as counsel of record. The Plaintiffs will continue to be represented by The Rosen Law Firm, P.A. SO ORDERED. (Attorney L Kirstine Rogers terminated.) (Signed by Judge Lewis A. Kaplan on 10/15/19) (yv)
|
|
Filing 53
ORDER GRANTING MOTION FOR WITHDRAW AL OF R. DEAN GRESHAM ASCOUNSEL granting #50 Motion to Withdraw as Attorney. The Court, having considered the Motion for Withdrawal of R. Dean Gresham as counsel for Plaintiffs, and finding good cause for such, hereby GRANTS the motion in its entirety. R. Dean Gresham is hereby removed as counsel of record. The Plaintiffs will continue to be represented by The Rosen Law Firm, P.A. SO ORDERED. (Attorney R. Dean Gresham terminated.) (Signed by Judge Lewis A. Kaplan on 10/15/19) (yv)
|
| Filing 52 NOTICE OF APPEARANCE by Jing Chen on behalf of Yuanli He, Michael Zollo. (Chen, Jing) |
| Filing 51 MOTION for L. Kirstine Rogers to Withdraw as Attorney . Document filed by Yuanli He, Hamza Ramzan, Michael Zollo. (Attachments: #1 Text of Proposed Order)(Shi, Yu) |
| Filing 50 MOTION for R. DEAN GRESHAM to Withdraw as Attorney . Document filed by Yuanli He, Hamza Ramzan, Michael Zollo. (Attachments: #1 Text of Proposed Order)(Shi, Yu) |
|
Filing 49
ORDER granting #47 Motion to Withdraw as Attorney. Attorney Clyde Moody Siebman terminated. (Signed by Judge Lewis A. Kaplan on 10/9/2019) (Kaplan, Lewis)
|
|
Filing 48
ORDER granting #46 Motion to Withdraw as Attorney. Attorney Elizabeth Siebman Forrest terminated. (Signed by Judge Lewis A. Kaplan on 10/9/2019) (Kaplan, Lewis)
|
| Filing 47 MOTION for Clyde M. Siebman to Withdraw as Attorney . Document filed by GDS Holdings Limited, William Wei Huang, Daniel Newman.(Kreissman, James) |
| Filing 46 MOTION for Elizabeth S. Forrest to Withdraw as Attorney . Document filed by GDS Holdings Limited, William Wei Huang, Daniel Newman.(Kreissman, James) |
| Filing 45 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 4:18-cv-00539. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Robert W. Lehrburger 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. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
|
Filing 44
MEMORANDUM OPINION AND ORDER. Defendants' Motion to Dismiss the Amended Complaint and Alternatively, to Transfer Venue to the Southern District of New York, and Memorandum of Law in Support (Dkt. #24 ) is GRANTED to the extent described herein. The Clerk of Court is directed to TRANSFER the case to the Southern District of New York in accordance with 28 U.S.C. 1406(a). Signed by Magistrate Judge Kimberly C Priest Johnson on 9/30/2019. (daj, ) [Transferred from Texas Eastern on 10/3/2019.]
|
| Interdistrict transfer to the Southern District of New York. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 43 SUR-REPLY to Reply to Response to Motion re #24 MOTION to Dismiss And Alternatively, To Transfer Venue filed by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 42
ORDER. Pending before the Court is Defendants' Notice of Plaintiffs' Reply Supplemental Memorandum of Law (Dkt. 41). Though the Court did not authorize Plaintiffs to file a reply brief, the Court authorizes Defendants to file a surreply, if any, on or before September 24, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/23/2019. (baf, ) [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 41 NOTICE by GDS Holdings Limited, William Wei Huang, Daniel Newman to Plaintiffs' Reply Supplemental Memorandum of Law (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 40 NOTICE by Yuanli He, Michael Zollo re #39 Notice (Other) (Rosen, Laurence) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 39 NOTICE by GDS Holdings Limited, William Wei Huang, Daniel Newman re #24 MOTION to Dismiss And Alternatively, To Transfer Venue Supplemental Memo in Support (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 38 RESPONSE in Opposition re #24 MOTION to Dismiss And Alternatively, To Transfer Venue Plaintiffs' Supplemental Memorandum of Law filed by Yuanli He, Michael Zollo. (Attachments: #1 Affidavit Declaration of Laurence Rosen, #2 Exhibit 1, #3 Affidavit Declaration of Dr. Adam Werner, #4 Affidavit Declaration of Yuanli He, #5 Affidavit Declaration of Michael Zollo)(Rosen, Laurence) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 37 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Motion Hearing held on 9/16/2019 re #24 MOTION to Dismiss And Alternatively, To Transfer Venue filed by William Wei Huang, Daniel Newman, GDS Holdings Limited. (Court Reporter Digital Recording - Plano 108 08.) (ttm, ) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 36
ORDER Setting Hearing on Motion #24 MOTION to Dismiss And Alternatively, To Transfer Venue : Motion Hearing set for 9/16/2019 at 9:30 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/4/2019. (baf, ) [Transferred from Texas Eastern on 10/3/2019.]
|
|
Filing 35
ORDER - GRANTING #34 Motion to Withdraw the Court's Order Governing Proceedings Dated May 22, 2019. IT IS THEREFORE ORDERED that the deadlines set in the Court's Order Governing Proceedings (Dkt. #32 ) are VACATED and the July 17, 2019, Rule 16 management conference is hereby CANCELLED. Signed by Magistrate Judge Kimberly C Priest Johnson on 5/31/2019. (baf, ) [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 34 Joint MOTION to Withdraw #32 Order,, Set Hearings,, Set Scheduling Order Deadlines, by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 33 REPLY to Response to Motion re #24 MOTION to Dismiss And Alternatively, To Transfer Venue filed by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 32
***VACATED PURSUANT TO ORDER #35 ***ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 7/17/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Rule 26 Meeting Joint Report due by 6/24/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 5/22/2019. (baf, ) Modified on 5/31/2019 (baf, ). [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 31 RESPONSE in Opposition re #24 MOTION to Dismiss And Alternatively, To Transfer Venue filed by Yuanli He, Michael Zollo. (Attachments: #1 Affidavit of Phillip Kim, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Kim, Phillip) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 30
AMENDED ORDER. Plaintiff's deadline to file a response to Defendants' Motion to Dismiss the Amended Complaint and, Alternatively, to Transfer Venue to the Southern District of New York (the "Motion") (Dkt. 24) shall be April 23, 2019. Defendants' deadline to file a reply, if any, shall be May 23, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/15/2019. (daj, ) [Transferred from Texas Eastern on 10/3/2019.]
|
|
Filing 29
ORDER. The Court's Order entered on March 14, 2019 (Dkt. #28 ) is hereby WITHDRAWN. IT IS THEREFORE ORDERED that the briefing schedule set forth in the Court's Order dated October 26, 2018 (Dkt. #20 ) shall govern. Plaintiff's deadline to file a response to Defendants' Motion to Dismiss the Amended Complaint and, Alternatively, to Transfer Venue to the Southern District of New York (the "Motion") (Dkt. #24 ) shall be May 21, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/15/2019. (daj, ) [Transferred from Texas Eastern on 10/3/2019.]
|
|
Filing 28
***WITHDRAWN BY ORDER #29 ***ORDER re #24 MOTION to Dismiss And Alternatively, To Transfer Venue filed by William Wei Huang, Daniel Newman, GDS Holdings Limited. ORDERED that Plaintiff shall file his response, if any, no later than March 21, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/14/2019. (daj, ) Modified on 3/15/2019 (daj, ). [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 27 NOTICE of Attorney Appearance by Elizabeth Siebman Forrest on behalf of GDS Holdings Limited, William Wei Huang, Daniel Newman (Forrest, Elizabeth) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 26
ORDER - GRANTING #23 Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED that Plaintiff may submit a response not to exceed forty pages. Any reply or sur-reply shall not exceed fifteen pages. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/25/2019. (baf, ) [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 25 CORPORATE DISCLOSURE STATEMENT filed by GDS Holdings Limited (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 24 MOTION to Dismiss And Alternatively, To Transfer Venue by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Attachments: #1 Affidavit of William Wei Huang, #2 Affidavit of Daniel Newman, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Affidavit Alan C. Turner, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5, #14 Exhibit 6, #15 Exhibit 7, #16 Exhibit 8, #17 Exhibit 9, #18 Exhibit 10, #19 Exhibit 11, #20 Exhibit 12, #21 Exhibit 13, #22 Exhibit 14, #23 Exhibit 15, #24 Exhibit 16, #25 Exhibit 17, #26 Exhibit 18, #27 Exhibit 19, #28 Text of Proposed Order)(Siebman, Clyde) (Attachment 28 replaced on 2/25/2019) (baf, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 23 Unopposed MOTION for Leave to File Excess Pages by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 22 NOTICE of Attorney Appearance - Pro Hac Vice by Laurence Rosen on behalf of Yuanli He, Michael Zollo. Filing fee $ 100, receipt number 0540-7141604. (Rosen, Laurence) (Additional attachment(s) added on 2/19/2019: #1 Sealed Attachment) (fal, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 21 AMENDED COMPLAINT against GDS Holdings Limited, William Wei Huang, Daniel Newman, filed by Yuanli He, Michael Zollo. (Attachments: #1 Exhibit, #2 Exhibit)(Kim, Phillip) [Transferred from Texas Eastern on 10/3/2019.] |
|
Filing 20
ORDER AND OPINION. The Court finds that Yuanli He's Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel (Dkt. #8 ) is GRANTED, and Maria M. Queri's Motion for Appointment as Lead Plaintiff and Approval of Counsel (Dkt. #9 ) is DENIED. The Court also finds that the Joint Unopposed Motion to Set a Deadline for Lead Plaintiff to Identify and Serve the Operative Complaint and for An Extension of Time to Respond to Operative Complaint (Dk. #16 ) is GRANTED. IT IS THEREFORE ORDERED that Yuanli He shall be designated as Lead Plaintiff, and the Court approves Yuanli He's selection of Lead Counsel. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/26/2018. (baf, ) [Transferred from Texas Eastern on 10/3/2019.]
|
| Filing 19 NOTICE of Attorney Appearance - Pro Hac Vice by Alan C Turner on behalf of GDS Holdings Limited, William Wei Huang, Daniel Newman. Filing fee $ 100, receipt number 0540-6995241. (Turner, Alan) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 18 NOTICE of Attorney Appearance - Pro Hac Vice by James G Kreissman on behalf of GDS Holdings Limited, William Wei Huang, Daniel Newman. Filing fee $ 100, receipt number 0540-6995230. (Kreissman, James) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 17 NOTICE of Attorney Appearance - Pro Hac Vice by Yu Shi on behalf of Yuanli He, Hamza Ramzan. Filing fee $ 100, receipt number 0540-6994125. (Shi, Yu) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 16 Unopposed MOTION To Set A Deadline For Lead Plaintiff To Identify and Serve the Operative Complaint And For An Extension Of Time To Respond To Operative Complaint by GDS Holdings Limited, William Wei Huang, Daniel Newman. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 15 NOTICE of Attorney Appearance by Clyde Moody Siebman on behalf of GDS Holdings Limited, William Wei Huang, Daniel Newman (Siebman, Clyde) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 14 RESPONSE in Opposition re #9 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel filed by Yuanli He. (Attachments: #1 Text of Proposed Order)(Kim, Phillip) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 13 SUMMONS Returned Executed by Hamza Ramzan. (Kim, Phillip) [Transferred from Texas Eastern on 10/3/2019.] |
| NOTICE of Deficiency regarding the SUMMONS RETURNED EXECUTED submitted DOCUMENT #12 - DOCUMENT IS INCOMPLETE. Correction should be made by ONE BUSINESS DAY (baf, ) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 12 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***SUMMONS Returned Executed by Hamza Ramzan. GDS Holdings Limited served on 10/5/2018, answer due 10/26/2018. (Kim, Phillip) Modified on 10/9/2018 (baf, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 11 SUMMONS Issued as to GDS Holdings Limited. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Phillip Kim on behalf of Yuanli He. Filing fee $ 100, receipt number 0540-6966284. (Kim, Phillip) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 9 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel by Maria M. Queri. (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Appendix in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Text of Proposed Order)(Briscoe, Willie) (Attachment 8 replaced on 10/2/2018) (daj, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 8 MOTION Motion for Appointment as Lead Plaintiff & Approval of Lead Plaintiff's Selection of Counsel by Yuanli He. (Attachments: #1 Appendix, #2 Exhibit 1 - PSLRA Early Notice, #3 Exhibit 2 - PSLRA Cert. - Loss Chart, #4 Exhibit 3 - Loss Chart - He, #5 Exhibit 4 - RLP Firm Resume, #6 Exhibit 5 - SGC Firm Resume, #7 Text of Proposed Order)(Rogers, Laura) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 7 NOTICE of Attorney Appearance by R. Dean Gresham on behalf of Hamza Ramzan (Gresham, R.) [Transferred from Texas Eastern on 10/3/2019.] |
| NOTICE of Deficiency regarding Document 4 - Motion of Maria M. Queri for Appointment as Lead Plaintiff and Approval of Lead Counsel submitted by Maria M. Queri. No Certificate of Conference. Correction should be made by one business day. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
| NOTICE of Deficiency regarding Document 3 - Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Counsel submitted by Yuanli He. Incorrect docket event used. Correction should be made by one business day. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 6 ***DOCUMENT #4 HAS BEEN DEFICIENCIED. ATTORNEY MUST REFILE.***Additional Attachments to Main Document: #4 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel .. (Briscoe, Willie) Modified on 10/2/2018 (daj, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 5 ***DOCUMENT #4 HAS BEEN DEFICIENCIED. ATTORNEY MUST REFILE***AFFIDAVIT in Support re #4 MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel filed by Maria M. Queri. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Briscoe, Willie) Modified on 10/2/2018 (daj, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 4 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION for Appointment as Lead Plaintiffs and Approval of Lead Counsel by Maria M. Queri. (Attachments: #1 Text of Proposed Order)(Briscoe, Willie) Modified on 10/2/2018 (daj, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 3 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION to Appoint Counsel by Yuanli He. (Attachments: #1 Appendix, #2 Exhibit 1 - PSLRA Early Notice, #3 Exhibit 2 - PSLRA Cert. - Loss Chart, #4 Exhibit 3 - Loss Chart - He, #5 Exhibit 4 - RLF Firm Resume, #6 Exhibit 5 - SGC Firm Resume, #7 Text of Proposed Order)(Rogers, Laura) Modified on 10/2/2018 (daj, ). [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 2 NOTICE by Hamza Ramzan Certificate of Interested Persons (Rogers, Laura) [Transferred from Texas Eastern on 10/3/2019.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6881599.), filed by Hamza Ramzan. (Attachments: #1 Exhibit 1 - Certification and Authorization of Named Plaintiff, #2 Civil Cover Sheet)(Rogers, Laura) [Transferred from Texas Eastern on 10/3/2019.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
| Case assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (daj, ) [Transferred from Texas Eastern on 10/3/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
