Boustead Securities, LLC v. Leaping Group Co., Ltd et al
Plaintiff: Boustead Securities, LLC
Defendant: Leaping Group Co., Ltd, ATIF and ATIF Holdings Limited
Case Number: 1:2020cv03749
Filed: May 14, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. ยง 294 Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2023 Opinion or Order Filing 175 LETTER addressed to Judge Valerie E. Caproni from Jack I. Siegal, Esq. dated November 1, 2023 re: Status Update Regarding Arbitration. Document filed by Boustead Securities, LLC..(Siegal, Jack)
August 1, 2023 Opinion or Order Filing 174 JOINT LETTER addressed to Judge Valerie E. Caproni from Jack I. Siegal, Esq. dated August 1, 2023 re: joint update on the status of the arbitration proceeding. Document filed by Boustead Securities, LLC..(Siegal, Jack)
May 30, 2023 Opinion or Order Filing 173 MEMO ENDORSEMENT on re: #172 Letter, filed by ATIF Holdings Limited. ENDORSEMENT: The Court reminds the parties of their obligation to jointly update the Court on the status of arbitration proceedings every three months on the first business day of the month. The parties' next status update is due no later than August 1, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/30/2023) (tg)
May 26, 2023 Opinion or Order Filing 172 LETTER addressed to Judge Valerie E. Caproni from Steven Soulios dated 05/26/2023 re: Memo Endorsed Ordered. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit Arbitration Answer, #2 Exhibit Proof of Payment).(Soulios, Steven)
May 23, 2023 Opinion or Order Filing 171 CERTIFICATE OF SERVICE of Memo Endorsed Order served on Jay Stocker on 05/23/2023. Document filed by ATIF Holdings Limited..(Soulios, Steven)
May 23, 2023 Opinion or Order Filing 170 CERTIFICATE OF SERVICE of Memo Endorsed Order served on McKin Chen on 05/23/2023. Document filed by ATIF Holdings Limited..(Soulios, Steven)
May 22, 2023 Opinion or Order Filing 169 MEMO ENDORSEMENT on re: #168 Status Report filed by ATIF Holdings Limited. ENDORSEMENT: Defendant ATIF Holdings, Inc. ("ATIF"), remains bound by the Court's Order requiring joint status updates on the arbitration proceedings. IT IS HEREBY ORDERED that by no later than May 26, 2023, ATIF must respond to Plaintiff's May 15, 2023, Letter (Dkt. 166) regarding the status of arbitration proceedings. If ATIF wishes to file the update through its new attorney, that attorney must file a Notice of Appearance with the Court by no later than May 26, 2023. In either event, ATIF must work with Plaintiff to file joint status updates every three months as directed in this Court's February 14, 2023 Opinion and Order at docket entry 163. IT IS FURTHER ORDERED that counsel of record for ATIF must serve a copy of this Endorsement on ATIF and file proof of service on the docket by no later than May 23, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/22/2023) (tg)
May 18, 2023 Opinion or Order Filing 168 STATUS REPORT. re arbitration proceeding Document filed by ATIF Holdings Limited..(Soulios, Steven)
May 16, 2023 Opinion or Order Filing 167 MEMO ENDORSEMENT on re: #166 Status Report filed by Boustead Securities, LLC. ENDORSEMENT: Per the Court's February 14, 2023 Order, the parties were required to "submit a joint status update" on the arbitration proceedings by no later than May 15, 2023, with quarterly updates thereafter. See Dkt. 163 (emphasis added). Defendant ATIF Holdings Limited is ORDERED to respond to the contents of this letter by no later than May 19, 2023, or else show cause why it should not be sanctioned for failure to follow the Court's orders. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/16/2023) (tg)
May 15, 2023 Opinion or Order Filing 166 STATUS REPORT. re: arbitration proceeding Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A - Emails to counsel for ATIF Holdings Limited).(Siegal, Jack)
March 29, 2023 Opinion or Order Filing 165 ORDER denying #164 Letter Motion to Reopen Case. Application DENIED. Trial courts have an inherent power to stay proceedings in the interest of saving "time and effort for itself, for counsel, and for litigants." WorldCrisa Corp. v. Armstrong, 129 F.3d 71, 76 (2d Cir. 1997) (quoting Nederlandse Erts-Tankersmaatschappij, N.V. v. Isbrandtsen Co., 339 F.2d 440, 441 (2d Cir. 1964)); see also Argus Media Ltd. v. Tradition Fin. Servs. Inc., 2009 WL 5125113, at *3 (S.D.N.Y. Dec. 29, 2009) (courts have "substantial discretion to stay... the proceedings pending arbitration as a means to promote judicial efficiency and to control their dockets"). This discretionary power to stay proceedings should be exercised only in rare circumstances. Landis v. N. Am. Co., 299 U.S. 248, 255 (1936). Such circumstances include when one of the parties is involved in a pending arbitration involving similar issues. Nederlandse, 339 F.2d at 441; Am. Shipping Line, Inc. v. Massan Shipping Indus., Inc., 885 F. Supp. 499, 502 (S.D.N.Y. 1995) ("Compelling reasons may exist where the pending proceeding is an arbitration in which issues involved in the case may be determined."). Here, the purpose of staying the damages inquest against Leaping pending the arbitration of claims between Boustead and ATIF is to avoid duplicative efforts involving the overlapping issue of damages. Accordingly, Boustead's request to lift the stay on the damages inquest is denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/29/2023) (tg)
March 1, 2023 Opinion or Order Filing 164 LETTER MOTION to Reopen Case to pursue the damages assessment against Leaping while the case against ATIF is stayed and arbitration takes place addressed to Judge Valerie E. Caproni from Jack I. Siegal, Esq. dated March 1, 2023. Document filed by Boustead Securities, LLC..(Siegal, Jack)
February 14, 2023 Opinion or Order Filing 163 OPINION AND ORDER re: #129 MOTION to Compel Arbitration . filed by ATIF Holdings Limited. For the foregoing reasons, ATIF's motion to compel arbitration is GRANTED and this case is STAYED pending arbitration. Not later than Monday, May 15, 2023, the parties must submit a joint status update, and must continue doing so on the first business day of the month every three months thereafter until the matter is resolved. The Clerk of Court is respectfully directed to close the open motion at docket entry 129 and to stay the case. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 2/14/2023) (tg)
January 24, 2023 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Steven A. Soulios on behalf of ATIF Holdings Limited..(Soulios, Steven)
January 20, 2023 Opinion or Order Filing 161 NOTICE OF CHANGE OF ADDRESS by Jack Irving Siegal on behalf of Boustead Securities, LLC. New Address: Fox Rothschild LLP, 33 Arch Street, Suite 3110, Boston, Massachusetts, United States 02110, 617-848-4012..(Siegal, Jack)
January 20, 2023 Opinion or Order Filing 160 AFFIDAVIT OF SERVICE of Order to Show Cause (ECF No. 159) served on ATIF Holdings Limited on January 17, 2023. Service was accepted by S. Hu (signed for envelopes addressed to Moon Ming and Jun Liu). Service was made by Overnight FedEx. Document filed by Boustead Securities, LLC..(Sobol, Alexandra)
January 17, 2023 Opinion or Order Filing 159 ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that ATIF's deadline to obtain counsel is extended to January 24, 2023. If no appearance is filed, Plaintiff must move for default judgment pursuant to the Undersigned's Individual Practices by no later than January 27, 2023. IT IS FURTHER ORDERED that Plaintiff Boustead must serve ATIF with a copy of this order and file proof of service on the docket by no later than January 20, 2023. SO ORDERED. ( Motions due by 1/27/2023.) (Signed by Judge Valerie E. Caproni on 1/17/2023) (tg)
January 17, 2023 Opinion or Order Filing 158 ORDER granting #157 Letter Motion to Substitute Attorney. Application GRANTED. Attorneys Margaret J. Cascino, Esq. and Aleksandr Altshuler, Esq. of McGlinchey Stafford PLLC are TERMINATED as counsel for Plaintiff in this case. SO ORDERED. Attorney Aleksandr Altshuler and Margaret J. Cascino terminated. (Signed by Judge Valerie E. Caproni on 1/17/2023) (tg)
January 10, 2023 Opinion or Order Filing 157 LETTER MOTION to Substitute Attorney. Old Attorney: Margaret J. Cascino, Esq., New Attorney: Alexandra Sobol, Esq. /Withdrawal Notice of Appearance for Plaintiff addressed to Judge Valerie E. Caproni from Margaret J. Cascino, Esq.. Document filed by Boustead Securities, LLC..(Cascino, Margaret)
January 6, 2023 Opinion or Order Filing 156 NOTICE OF APPEARANCE by Alexandra Lipschultz Sobol on behalf of Boustead Securities, LLC..(Sobol, Alexandra)
January 6, 2023 Opinion or Order Filing 155 CERTIFICATE OF SERVICE of Court Order dated January 5, 2023 served on ATIF Holdings Limited on January 5, 2023. Service was made by Mail - FedEx. Document filed by ATIF Holdings Limited..(Pete, Brian)
January 5, 2023 Opinion or Order Filing 154 ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that the Motion is GRANTED, and ATIF's Counsel, Brian Pete, Esq. is TERMINATED from this case. Counsel must serve a copy of this order on ATIF and file proof of service by no later than January 6, 2023. IT IS FURTHER ORDERED that ATIF must obtain new counsel and have an appearance filed on the record by no later than January 13, 2023, or else show cause why default judgment should not be entered against ATIF for failure to appear. SO ORDERED. Motions terminated: #129 MOTION to Compel Arbitration . filed by ATIF Holdings Limited. Attorney Brian Pete terminated. (Signed by Judge Valerie E. Caproni on 1/5/2023) (tg)
December 12, 2022 Opinion or Order Filing 153 MEMO ENDORSEMENT granting in part and denying in part #151 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED in part. By no later than December 16, 2022, if ATIF's new counsel has not yet entered an appearance on the docket, ATIF must show cause why the motion for withdrawal should not be granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/2022) (tg)
December 6, 2022 Opinion or Order Filing 152 DECLARATION of Brian Pete in Support re: #151 MOTION for Brian Pete to Withdraw as Attorney for ATIF Holdings Limited.. Document filed by ATIF Holdings Limited, Leaping Group Co., Ltd..(Pete, Brian)
December 6, 2022 Opinion or Order Filing 151 MOTION for Brian Pete to Withdraw as Attorney for ATIF Holdings Limited. Document filed by ATIF Holdings Limited, Leaping Group Co., Ltd..(Pete, Brian)
November 7, 2022 Opinion or Order Filing 150 DEFAULT JUDGMENT: It is hereby: ORDERED, that Plaintiff is awarded Default Judgment against Defendant Leaping; ORDERED, that Defendant Leaping pay to Plaintiff actual damages in an amount to be determined at an inquest and/or trial of this matter; ORDERED, that the Court shall retain jurisdiction over any matter pertaining to this Judgment. ENTERED. (Signed by Judge Valerie E. Caproni on 11/7/2022) (tg)
November 4, 2022 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 11/4/2022. Attorney Margaret Cascino present for the plaintiffs. Court Reporter Sadie Herbert present. (anc)
October 31, 2022 Opinion or Order Filing 149 MEMO ENDORSEMENT on re: #146 Letter filed by Boustead Securities, LLC. ENDORSEMENT: The pre-trial conference scheduled for November 4, 2022 is hereby CANCELLED. The show-cause hearing for Plaintiff's motion for default judgment against Defendant Leaping Group shall take place as scheduled. If, at any time, both parties want a settlement conference with the assigned Magistrate Judge, are for a referral to the mediation program, they may submit a joint letter requesting such a referral. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/31/2022) (tg)
October 31, 2022 Opinion or Order Filing 148 ORDER granting #147 Letter Motion to Substitute Attorney. Application GRANTED. SO ORDERED. Attorney Dennis Andrew Amore terminated. (Signed by Judge Valerie E. Caproni on 10/31/2022) (tg)
October 27, 2022 Opinion or Order Filing 147 LETTER MOTION to Substitute Attorney. Old Attorney: Dennis A. Amore, New Attorney: Margaret J. Cascino addressed to Judge Valerie E. Caproni from Margaret J. Cascino, Esq. dated October 27, 2022. Document filed by Boustead Securities, LLC..(Cascino, Margaret)
October 27, 2022 Opinion or Order Filing 146 JOINT LETTER addressed to Judge Valerie E. Caproni from Aleks Altshuler, Esq. dated October 27, 2022 re: Case Status. Document filed by Boustead Securities, LLC..(Altshuler, Aleksandr)
October 27, 2022 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Aleksandr Altshuler on behalf of Boustead Securities, LLC..(Altshuler, Aleksandr)
October 12, 2022 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Margaret J. Cascino on behalf of Boustead Securities, LLC..(Cascino, Margaret)
October 6, 2022 Opinion or Order Filing 143 MEMO ENDORSEMENT on re: #142 Letter filed by ATIF Holdings Limited, Leaping Group Co., Ltd. ENDORSEMENT: Application GRANTED. The original fact discovery deadline of October 27, 2022, is stayed until 30 days following the Court's decision on the pending motion to compel arbitration. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/6/2022) (tg)
October 5, 2022 Opinion or Order Filing 142 LETTER addressed to Judge Valerie E. Caproni from Brian Pete dated October 5, 2022 re: Ongoing Extension of Discovery until Ruling on Arbitration Motion. Document filed by ATIF Holdings Limited, Leaping Group Co., Ltd..(Pete, Brian)
October 5, 2022 Opinion or Order Filing 141 AFFIDAVIT OF SERVICE of Order to Show Cause (Docket Entry 140) and Supporting Documents (Docket Entry 139) served on Leaping Group Co., Ltd. on 10/4/2022. Service was made by Federal Express. Document filed by Boustead Securities, LLC..(Cascino, Margaret)
October 3, 2022 Opinion or Order Filing 140 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is hereby: ORDERED, that the above-named Defendant, Leaping Group Co., Ltd. ("Leaping"), show cause at a hearing before this Court at the United States Courthouse, 40 Foley Square, New York, NY 10007, Courtroom 1106, in the City, County, and State of New York, on November 4, 2022 at 10:00 a.m., or as soon thereafter as counsel may be heard, why an Order should not be issued pursuant to Rule 55(b) of the Federal Rules of Civil Procedure in favor of Plaintiff, Boustead Securities, LLC ("Plaintiff"), holding Defendant Leaping in default and issuing a Default Judgment against Defendant Leaping; IT IS FURTHER ORDERED, that service of a copy of this Order and all annexed documents shall be made upon defendant Leaping by Federal Express and/or by methods previously prescribed by this Court on or before October 7, 2022 shall be deemed good and sufficient service thereof. Leaping Group's Opposition, if any, is due by October 21, 2022. Boustead's reply is due by no later than October 28, 2022. Boustead must file proof of service by no later than October 10, 2022. Motions terminated: #139 MOTION for Order to Show Cause . filed by Boustead Securities, LLC.( Show Cause Hearing set for 11/4/2022 at 10:00 AM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni., Show Cause Response due by 10/21/2022.) (Signed by Judge Valerie E. Caproni on 10/3/2022) (tg)
August 29, 2022 Opinion or Order Filing 139 MOTION for Order to Show Cause . Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Order to Show Cause for Default Judgment, #2 Exhibit A - First Amended Complaint, #3 Exhibit B- Order, #4 Exhibit C- Declaration, #5 Exhibit D- Clerk's Certificate of Default, #6 Exhibit E- Second Amended Complaint, #7 Exhibit F - Certificate of Service, #8 Exhibit Default Judgment, #9 Exhibit Statement of Damages, #10 Exhibit OSC Certificate of Service).(Amore, Dennis)
August 23, 2022 Opinion or Order Filing 138 DECLARATION of Brian Pete in Support re: #129 MOTION to Compel Arbitration .. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit Copy of the emails from respective counsel exchanging their initial disclosures, #2 Exhibit Copy of the email Bousteads counsel sent with its discovery requests).(Pete, Brian)
August 23, 2022 Opinion or Order Filing 137 REPLY MEMORANDUM OF LAW in Support re: #129 MOTION to Compel Arbitration . . Document filed by ATIF Holdings Limited..(Pete, Brian)
August 16, 2022 Opinion or Order Filing 136 DECLARATION of Dennis A. Amore, Esq. in Opposition re: #129 MOTION to Compel Arbitration .. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Email Exchange - July, #2 Exhibit Email Exchange - August).(Amore, Dennis)
August 16, 2022 Opinion or Order Filing 135 MEMORANDUM OF LAW in Opposition re: #129 MOTION to Compel Arbitration . . Document filed by Boustead Securities, LLC..(Amore, Dennis)
August 10, 2022 Opinion or Order Filing 134 ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for a default judgment against Leaping dated September 23, 2021, is DENIED without prejudice to Plaintiff moving again for default judgment, not later than September 9, 2022, based on Leaping's failure to respond to the Second Amended Complaint. SO ORDERED. ( Motions due by 9/9/2022.) (Signed by Judge Valerie E. Caproni on 8/10/2022) (tg)
August 9, 2022 Opinion or Order Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/15/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
August 9, 2022 Opinion or Order Filing 132 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/15/2021 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022..(McGuirk, Kelly)
August 3, 2022 Opinion or Order Filing 131 MEMORANDUM OF LAW in Support re: #129 MOTION to Compel Arbitration . . Document filed by ATIF Holdings Limited..(Pete, Brian)
August 3, 2022 Opinion or Order Filing 130 DECLARATION of Brian Pete in Support re: #129 MOTION to Compel Arbitration .. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Pete, Brian)
August 3, 2022 Opinion or Order Filing 129 MOTION to Compel Arbitration . Document filed by ATIF Holdings Limited..(Pete, Brian)
July 22, 2022 Opinion or Order Filing 128 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Referral to the District's Mediation Program after the close of fact discovery; Referral to a Magistrate Judge after the close of fact discovery. This case is to be tried to a jury. Plaintiff's pending motion for a default judgment as against defendant Leaping Group Co., Ltd. Anticipated post-discovery motion practice. SO ORDERED. Expert Deposition due by 12/11/2022. Fact Discovery due by 10/27/2022. Expert Discovery due by 12/11/2022. Pretrial Conference set for 11/4/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/22/2022) (tg)
July 22, 2022 Opinion or Order Filing 127 MEMO ENDORSEMENT on re: #126 Letter filed by Boustead Securities, LLC. ENDORSEMENT: The initial pretrial conference scheduled for July 29, 2022, is hereby CANCELLED. The Court will enter the parties' Case Management Plan by separate Order. At any time the parties may jointly request a referral to mediation or to the parties' assigned magistrate judge for a settlement conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/22/2022) (tg)
July 18, 2022 Opinion or Order Filing 126 JOINT LETTER addressed to Judge Valerie E. Caproni from Dennis A. Amore dated 7/18/2022 re: Joint Letter. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A-Case Management Plan).(Amore, Dennis)
July 14, 2022 Opinion or Order Filing 125 ORDER granting #124 Letter Motion for Extension of Time to Answer re #124 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Brian Pete dated July 13, 2022., #115 Amended Complaint,. Application GRANTED. SO ORDERED. ATIF Holdings Limited answer due 8/3/2022. (Signed by Judge Valerie E. Caproni on 7/14/2022) (tg)
July 13, 2022 Opinion or Order Filing 124 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Brian Pete dated July 13, 2022. Document filed by ATIF Holdings Limited..(Pete, Brian)
July 6, 2022 Opinion or Order Filing 123 OPINION AND ORDER re: #117 MOTION to Dismiss Plaintiff's Second Amended Complaint. filed by ATIF Holdings Limited. For the foregoing reasons, Defendant's motion to dismiss is DENIED. The stay on discovery that the Court ordered on February 28, 2022, see Dkt. 122, is hereby LIFTED. An initial pretrial conference will be held on Friday, July 29, 2022 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. No later than July 21, 2022, the parties must submit a joint proposed case management plan and joint letter. The joint letter must be no more than five pages and must address the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. The Clerk of Court is respectfully directed to close the open motion at docket entry 117. SO ORDERED. ( Initial Conference set for 7/29/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/6/2022) (tg)
February 28, 2022 Opinion or Order Filing 122 ORDER: IT IS HEREBY ORDERED that discovery is STAYED pending resolution of Defendant ATIF Holdings Limited's motion to dismiss. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/28/2022) (ama)
February 8, 2022 Opinion or Order Filing 121 REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by ATIF Holdings Limited..(Pete, Brian)
February 1, 2022 Opinion or Order Filing 120 MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Boustead Securities, LLC..(Amore, Dennis)
January 18, 2022 Opinion or Order Filing 119 MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by ATIF Holdings Limited..(Pete, Brian)
January 18, 2022 Opinion or Order Filing 118 DECLARATION of Greg L. Johnson in Support re: #117 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit A, #2 Exhibit B).(Pete, Brian)
January 18, 2022 Opinion or Order Filing 117 MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by ATIF Holdings Limited..(Pete, Brian)
December 28, 2021 Opinion or Order Filing 116 CERTIFICATE OF SERVICE of Amended Complaint with Exhibits served on Leaping Group Co., Ltd. on 12/28/2021. Service was made by MAIL-Federal Express. Document filed by Boustead Securities, LLC..(Amore, Dennis)
December 28, 2021 Opinion or Order Filing 115 SECOND AMENDED COMPLAINT amending #53 Amended Complaint, against ATIF Holdings Limited, Leaping Group Co., Ltd with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #53 Amended Complaint,. (Attachments: #1 Exhibit Redlined Second Amended Complaint (Allegations as to Leaping and ATIF) (Final), #2 Exhibit First Amended Complaint).(Amore, Dennis)
December 28, 2021 Opinion or Order Filing 114 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #53 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #53 Amended Complaint,. (Attachments: #1 Exhibit Redlined Second Amended Complaint (Allegations as to Leaping and ATIF) (Final), #2 Exhibit First Amended Complaint).(Amore, Dennis) Modified on 12/28/2021 (gp).
December 28, 2021 Opinion or Order Filing 113 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #53 Amended Complaint, against Boustead Securities, LLC with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #53 Amended Complaint,. (Attachments: #1 Exhibit Redlined Second Amended Complaint (Allegations as to Leaping and ATIF) (Final), #2 Exhibit First Amended Complaint).(Amore, Dennis) Modified on 12/28/2021 (gp).
December 28, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dennis Amore to RE-FILE Document No. #114 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)
December 22, 2021 Opinion or Order Filing 112 MEMO ENDORSEMENT #111 LETTER addressed to Judge Valerie E. Caproni from Brian Pete dated 12/21/2021 re: Response to Second Amended Complaint; granting #98 Letter Motion for Leave to File Document; granting #105 Letter Motion for Leave to File Document. ENDORSEMENT: Because Defendants do not oppose Plaintiff's motion for leave to file a second amended complaint, Plaintiff's motion is GRANTED. Plaintiff is directed to file its second amended complaint by January 4, 2022. Pursuant to Rule 4 of the Undersigned's Individual Practices in Civil Cases, Plaintiff should file both a clean version and a redlined version. Defendant ATIF must answer or otherwise respond to Plaintiff's second amended complaint by January 18, 2022. If Defendant ATIF files a motion to dismiss, Plaintiff's response is due by February 1, 2022, and Defendant's reply is due by February 8, 2022. The stay on Plaintiff's motion for default judgement against Defendant Group Co., Ltd., see Dkt. 102, is CONTINUED pending Defendant ATIF's response to Plaintiff's second amended complaint. If ATIF files a motion to dismiss, the stay will be continued pending the Court's resolution of the motion to dismiss. The Clerk of Court is respectfully directed to close the open motions at docket entries 98 and 105. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/22/2021) (tg)
December 22, 2021 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 1/4/2022. Responses due by 2/1/2022 Replies due by 2/8/2022. (tg)
December 21, 2021 Opinion or Order Filing 111 LETTER addressed to Judge Valerie E. Caproni from Brian Pete dated 12/21/2021 re: Response to Second Amended Complaint. Document filed by ATIF Holdings Limited..(Pete, Brian)
November 30, 2021 Opinion or Order Filing 110 ORDER granting #109 Letter Motion for Extension of Time to File Response/Reply re #109 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Brian Pete dated 11/30/2021. Application GRANTED. Defendant ATIF Holdings Ltd. must oppose or otherwise respond to Plaintiff's motion for leave to file a second amended complaint by December 21, 2021. Plaintiff's reply is due by January 7, 2022. The Clerk of Court is respectfully directed to reinstate Brian Pete as counsel for Defendant ATIF Holdings Ltd. on ECF. SO ORDERED. Responses due by 12/21/2021 Replies due by 1/7/2022. (Signed by Judge Valerie E. Caproni on 11/30/2021) (tg)
November 30, 2021 Opinion or Order Filing 109 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Brian Pete dated 11/30/2021. Document filed by ATIF Holdings Limited..(Pete, Brian)
November 4, 2021 Opinion or Order Filing 108 CERTIFICATE OF SERVICE of Amended Motion for Leave to File Second Amended Complaint served on Leaping Group Co., and ATIF Holdings Limited on 11/4/21. Document filed by Boustead Securities, LLC..(Amore, Dennis)
November 4, 2021 Opinion or Order Filing 107 MEMORANDUM OF LAW in Support re: #105 AMENDED MOTION for Leave to File Second Amended Complaint . . Document filed by Boustead Securities, LLC..(Amore, Dennis)
November 4, 2021 Opinion or Order Filing 106 DECLARATION of Dennis A. Amore in Support re: #105 AMENDED MOTION for Leave to File Second Amended Complaint .. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A-First Amended Complaint, #2 Exhibit B-Plaintiff's proposed Second Amended Complaint, #3 Exhibit C-Order issued on 8/25/21, #4 Exhibit D- Memo issued on 10/22/21).(Amore, Dennis)
November 4, 2021 Opinion or Order Filing 105 AMENDED MOTION for Leave to File Second Amended Complaint . Document filed by Boustead Securities, LLC..(Amore, Dennis)
October 22, 2021 Opinion or Order Filing 104 MEMO ENDORSEMENT on re: #103 Letter, filed by Boustead Securities, LLC. ENDORSEMENT: Application GRANTED. Plaintiff is directed to amend its pending motion for leave to file a second amended complaint by November 8, 2021. Defendants' response, if any, is due November 22, 2021. Plaintiff's reply is due November 29, 2021. SO ORDERED. (Motions due by 11/8/2021, Responses due by 11/22/2021, Replies due by 11/29/2021.) (Signed by Judge Valerie E. Caproni on 10/22/2021) (jca)
October 22, 2021 Opinion or Order Filing 103 FIRST LETTER addressed to Judge Valerie E. Caproni from Dennis A. Amore dated 10/22/2021 re: Boustead's Intent to Amend Its Motion to Amend and Proposed Amended Complaint as to Defendant Leaping. Document filed by Boustead Securities, LLC..(Amore, Dennis)
October 15, 2021 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 10/15/2021. Attorney Dennis Amore present for the plaintiff. Court Reporter Eve Giniger present. (anc)
October 15, 2021 Opinion or Order Filing 102 ORDER with respect to #98 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Plaintiffs motion for default judgment against Defendant Leaping Group Co., Ltd. is held in ABEYANCE. IT IS FURTHER ORDERED that Plaintiffs motion for leave to file a second amended complaint, Dkt. 98, is held in ABEYANCE. IT IS FURTHER ORDERED that Plaintiff must, by October 22, 2021, notify the Court whether it would like to amend its motion for leave to file a second amended complaint to add additional factual allegations regarding Leaping Group Co., Ltd. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/15/2021) (tg)
September 23, 2021 Opinion or Order Filing 101 CERTIFICATE OF SERVICE of Notice of Motion/Declaration of Dennis A. Amore in Support of Plaintiff's Motion to Leave to File Second Amended Complaint with Exhibits thereto and Plaintiff's Memorandum of Law in Support of Motion for Leave to File Second Amended Complaint served on Leaping Group Co., Ltd. on 9/23/2021. Document filed by Boustead Securities, LLC..(Amore, Dennis)
September 23, 2021 Opinion or Order Filing 100 MEMORANDUM OF LAW in Support re: #98 SECOND MOTION for Leave to File Notice of Motion . . Document filed by Boustead Securities, LLC..(Amore, Dennis)
September 23, 2021 Opinion or Order Filing 99 DECLARATION of Dennis A. Amore in Support re: #98 SECOND MOTION for Leave to File Notice of Motion .. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Proposed Second Amended Boustead Complaint, #3 Exhibit Opinion and Order).(Amore, Dennis)
September 23, 2021 Opinion or Order Filing 98 SECOND MOTION for Leave to File Notice of Motion . Document filed by Boustead Securities, LLC..(Amore, Dennis)
September 10, 2021 Opinion or Order Filing 97 CERTIFICATE OF SERVICE of Order to Show Cause for Default Judgment, Proposed Default Judgment, Declaration of Jack I. Siegel, Esq., in Support of Plaintiff's Order to Show Cause seeking a Default Judgment with exhibits thereto and Statement of Damages served on Leaping Group Co., Ltd. on 9/9/2021. Service was made by MAIL-Federal Express. Document filed by Boustead Securities, LLC..(Amore, Dennis)
September 8, 2021 Opinion or Order Filing 96 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: ORDERED, that the above-named Defendant, Leaping Group Co., Ltd. ("Leaping"), show cause at a hearing before this Court October 15, 2021 at 10:30 a.m. or as soon thereafter as counselmay be heard, why an Order should not be issued pursuant to Rule 55(b) of the Federal Rules of Civil Procedure in favor of Plaintiff, Boustead Securities, LLC ("Plaintiff"), holding Defendant Leaping in default and issuing a Default Judgment against Defendant Leaping; IT IS FURTHER ORDERED, that service of a copy of this Order and all annexed documents shall be made upon defendant Leaping by Federal Express and/or by methods previously prescribed by this Court on or before September 13, 2021. Defendant's opposition, if any, is due by October 1, 2021.Plaintiff's reply is due by October 8, 2021. The parties should appear for the hearing by dialing 888-363-4749, using access code 3121171 and the security code: 3749. SO ORDERED., ( Replies due by 10/8/2021.) Show Cause Hearing set for 10/15/2021 at 10:30 AM before Judge Valerie E. Caproni. Show Cause Response due by 10/1/2021. (Signed by Judge Valerie E. Caproni on 9/08/2021) (ama)
September 7, 2021 Opinion or Order Filing 95 STATEMENT OF DAMAGES. Document filed by Boustead Securities, LLC..(Siegal, Jack)
September 7, 2021 Opinion or Order Filing 94 DECLARATION of JACK I. SIEGAL in Support re: #93 Proposed Default Judgment, #92 Proposed Order to Show Cause Without Emergency Relief. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Siegal, Jack)
September 7, 2021 Opinion or Order Filing 93 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Boustead Securities, LLC..(Siegal, Jack) Proposed Default Judgment to be reviewed by Clerk's Office staff.
September 7, 2021 Opinion or Order Filing 92 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Boustead Securities, LLC..(Siegal, Jack) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
September 7, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #92 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
September 7, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #93 Proposed Default Judgment was reviewed and approved as to form. (km)
August 27, 2021 Opinion or Order Filing 91 CLERK'S CERTIFICATE OF DEFAULT as to Defendant Leaping Group Co., Ltd., issued August 27, 2021.(dt)
August 27, 2021 Opinion or Order Filing 90 DECLARATION of Dennis A. Amore in Support re: #89 Proposed Clerk's Certificate of Default. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Clerk's Certificate of Default).(Amore, Dennis)
August 27, 2021 Opinion or Order Filing 89 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Boustead Securities, LLC..(Amore, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/27/2021 (dt).
August 27, 2021 Opinion or Order Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Boustead Securities, LLC..(Amore, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/27/2021 (dt). Modified on 8/27/2021 (dt).
August 27, 2021 Opinion or Order Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Dennis A. Amore in Support re: #86 Proposed Clerk's Certificate of Default. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Clerk's Certificate of Default).(Amore, Dennis) Modified on 8/27/2021 (dt). Modified on 8/27/2021 (dt).
August 27, 2021 Opinion or Order Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Boustead Securities, LLC..(Amore, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/27/2021 (dt).
August 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Amore, Dennis. RE-FILE Document No. #85 Declaration in Support. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed clerk's certificate of default; the proposed clerk's certificate of default does not lists the service of the Complaint, name of Defendant,name of person that was personally served, proof of Service date, and Doc.#; the proposed clerk's certificate of default does the name of the person that was personally served with the amended complaint; the request for Clerk's Certificate of Default gets attached to the Declaration as an exhibit. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (dt)
August 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Amore, Dennis to RE-FILE Document #84 Proposed Clerk's Certificate of Default. Use the event type Declaration in Support of a Non-Motion found under the event list Other Answers. Attach the Request for Clerk's Certificate of Default as an exhibit to the Declaration. (dt)
August 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amore to RE-FILE Document #87 Declaration in Support. ERROR(S): Wrong Case Number on Documents. Attach the Request for Clerk's Certificate of Default, not the Clerk's Certificate. (dt)
August 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Amore, Dennis. RE-FILE Document No. #86 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong name of the person that was personally served; Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the person that was personally served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (dt)
August 27, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amore, Dennis to RE-FILE Document #88 Proposed Clerk's Certificate of Default. ERROR(S): Wrong Case Number on Document. (dt)
August 26, 2021 Opinion or Order Filing 85 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Dennis A. Amore in Support re: #84 Proposed Clerk's Certificate of Default. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Request to Enter Default).(Amore, Dennis) Modified on 8/27/2021 (dt). Modified on 8/27/2021 (dt).
August 26, 2021 Opinion or Order Filing 84 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Boustead Securities, LLC..(Amore, Dennis) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/27/2021 (dt).
August 26, 2021 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Dennis Andrew Amore on behalf of Boustead Securities, LLC..(Amore, Dennis)
August 25, 2021 Opinion or Order Filing 82 OPINION & ORDER re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint filed by ATIF Holdings Limited. For the foregoing reasons, ATIF's motion to dismiss is GRANTED. Plaintiff's Amended Complaint is DISMISSED without prejudice. Because Plaintiff has requested an opportunity to amend its complaint to the extent "the Court deems any of Boustead's allegations deficient," Pl. Opp., Dkt. 72 at 18 n.6, no later than September 24, 2021, Plaintiff may move for leave to amend Counts One and Three of the Amended Complaint. Leave to amend the other counts is denied as futile. If Plaintiff chooses to move for leave to amend, it must include a redlined version of its proposed Second Amended Complaint. ATIF's opposition to the motion for leave to amend is due October 15, 2021. Plaintiff's reply is due October 22, 2021. No later than September 7, 2021, Plaintiff must move for default judgment against Leaping consistent with the Undersigned's individual practices. The Clerk of Court is respectfully directed to close the open motion at docket entry 63. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/25/2021) (vfr)
August 25, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 9/24/2021. Responses due by 10/15/2021 Replies due by 10/22/2021. (vfr)
July 22, 2021 Opinion or Order Filing 81 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Klein, Ashley (Asher))
May 5, 2021 Opinion or Order Filing 80 ORDER: granting #77 Motion to Withdraw #77 MOTION to Withdraw as Counsel for Defendant Leaping Group. IT IS HEREBY ORDERED: Lewis Brisbois Bisgaard & Smith LLP's motion to withdraw is GRANTED. LBBS is directed to serve a copy of this order on Defendant Leaping by May 7, 2021 and to post proof of service on ECF. As previously ordered, Plaintiff's deadline to serve Defendant Leaping through the Hague Convention is December 15, 2021. Because Leaping has not yet been served, there is no reason to stay the case to give Leaping time to hire new counsel. The Clerk of Court is directed to close the open motion at docket entry 77. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/05/2021). *** Attorney Brian Pete terminated. (ama) Modified on 5/5/2021 (ama).
April 23, 2021 Opinion or Order Filing 79 CERTIFICATE OF SERVICE of So-Ordered Notice of Motion to Withdraw and Declaration of Brian Pete upon the upon LEAPING GROUP CO., LTD served on LEAPING GROUP CO. LTD. on 04/22/2021. Service was made by MAILED VIA FED-EX. Document filed by Leaping Group Co., Ltd..(Pete, Brian)
April 22, 2021 Opinion or Order Filing 78 MEMO ENDORSEMENT: on re: #77 MOTION to Withdraw as Counsel for Defendant Leaping Group filed by Leaping Group Co., Ltd. ENDORSEMENT: No later than May 3, 2021, Defendant Leaping must respond to Lewis Brisbois Bisgaard & Smith LLP's motion to withdraw and inform the Court whether it objects to LBBS being relieved as its counsel and if so, why. Defendant may respond by email (to CaproniNYSDchambers@nysd.uscourts.gov) or by mail (to Hon. Valerie Caproni; 40 Foley Square; New York, NY 10007). No later than April 23, 2021, LBBS is directed to mail and email a copy of this order to Leaping and post proof of service. SO ORDERED., ( Responses due by 5/3/2021) (Signed by Judge Valerie E. Caproni on 4/22/2021) (ama)
April 21, 2021 Opinion or Order Filing 77 MOTION to Withdraw as Counsel for Defendant Leaping Group. Document filed by Leaping Group Co., Ltd. (Attachments: #1 Motion to Withdraw as Counsel for Defendant Leaping Group).(Pete, Brian)
January 27, 2021 Opinion or Order Filing 76 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by ATIF Holdings Limited..(Pete, Brian)
January 19, 2021 Opinion or Order Filing 75 MEMO ENDORSEMENT: on re: #74 Letter filed by ATIF Holdings Limited. ENDORSEMENT: Discovery is STAYED pending resolution of ATIF's motion to dismiss. Plaintiff has failed to demonstrate how it would be prejudiced by a stay of discovery. The initial pretrial conference scheduled for January 29, 2021 is adjourned sine die. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/19/2021) (ama)
January 15, 2021 Opinion or Order Filing 74 LETTER addressed to Judge Valerie E. Caproni from BRIAN PETE dated 01/15/2021 re: Requesting Adjournment of Conference. Document filed by ATIF Holdings Limited..(Pete, Brian)
January 13, 2021 Opinion or Order Filing 73 DECLARATION of Jack I. Siegal in Opposition re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A-FINRA No Objections Letter, #2 Exhibit B-EDGAR search results).(Klein, Ashley (Asher))
January 13, 2021 Opinion or Order Filing 72 MEMORANDUM OF LAW in Opposition re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Boustead Securities, LLC..(Klein, Ashley (Asher))
January 12, 2021 Opinion or Order Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENTS #72 AND #73) - DECLARATION of Jack I. Siegal in Opposition re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A- No objections Letter, #2 Exhibit B-EDGAR Search results, #3 Memorandum of Law in Opposition).(Klein, Ashley (Asher)) Modified on 1/13/2021 (ldi).
December 30, 2020 Opinion or Order Filing 70 MEMO ENDORSEMENT: on re: #69 Letter filed by Boustead Securities, LLC. ENDORSEMENT: Plaintiff's case against Defendant ATIF will proceed while Plaintiff effectuates service on Leaping. As previously directed, an initial pretrial conference will be held on January 29, 2021 at 10:30 a.m. The parties' joint letter is due by January 21, 2021. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171, and the security code 3749. See Dkt. 62. SO ORDERED., ( Initial Conference set for 1/29/2021 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/30/2020) (ama)
December 29, 2020 Opinion or Order Filing 69 LETTER addressed to Judge Valerie E. Caproni from Jack I. Siegel dated 12/29/20 re: Courts December 14, 2020 Order, Docket Entry #68. Document filed by Boustead Securities, LLC..(Klein, Ashley (Asher))
December 14, 2020 Opinion or Order Filing 68 ORDER granting #54 Motion to Serve ; denying #21 Motion to Dismiss. WHEREAS on May 15, 2020, Plaintiff filed its complaint in this action (Dkt. 5); WHEREAS on July 7, 2020 Defendant Leaping moved to dismiss the complaint for improper service pursuant to Rule 12(b)(5) (Dkt. 21); WHEREAS on October 22, 2020, the Court issued an opinion holding Defendant's motion in abeyance and indicating that if Plaintiff failed to serve Defendant properly within 60 days of the date of the opinion, the Court would grant Defendant's motion to dismiss (Dkt. 45); WHEREAS on November 19, 2020, Plaintiff moved for permission to serve Defendant Leaping through alternative means, or in the alternative, for an extension of the deadline to effectuate service through the Hague Convention (Dkt. 54); WHEREAS on December 3, 2020 Defendant Leaping opposed Plaintiff's motion (Dkt. 60); IT IS HEREBY ORDERED: 1. Plaintiff's motion is GRANTED in part. Plaintiff has failed to establish adequate and consistent communication between Lewis Brisbois Bisgaard & Smith LLP and Defendant Leaping so as to justify service through Lewis Brisbois. Accordingly, Plaintiff must continue its efforts to effectuate service through the Hague Convention. Plaintiff's deadline to serve Defendant Leaping is extended to December 15, 2021. The Court notes that, had Plaintiff initiated the process of effectuating service through the Hague convention when this case was filed, Plaintiff would have avoided significant and unnecessary delay. Defendant's motion to dismiss for improper service is DENIED pending Plaintiff's attempt to effectuate service through the Hague Convention. If Plaintiff is unable to serve Defendant by December 15, 2021, Defendant may renew its motion to dismiss. 2. No later than January 4, 2021, Plaintiff must submit a letter: (i) indicating why the case against Defendant ATIF should not proceed in the interim, and (ii) identifying the members of Boustead Securities, LLC and their respective citizenships. The Clerk of Court is directed to close the open motions at docket entries 21 and 54. (Signed by Judge Valerie E. Caproni on 12/14/2020) (nb)
December 9, 2020 Opinion or Order Filing 67 REPLY AFFIRMATION of Jack I. Siegal in Support re: #54 FIRST MOTION to Serve by Alternative Means.. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Klein, Ashley (Asher))
December 9, 2020 Opinion or Order Filing 66 REPLY MEMORANDUM OF LAW in Support re: #54 FIRST MOTION to Serve by Alternative Means. . Document filed by Boustead Securities, LLC..(Klein, Ashley (Asher))
December 8, 2020 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by ATIF Holdings Limited..(Pete, Brian)
December 8, 2020 Opinion or Order Filing 64 DECLARATION of Greg L. Johnson in Support re: #63 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit).(Pete, Brian)
December 8, 2020 Opinion or Order Filing 63 MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by ATIF Holdings Limited..(Pete, Brian)
December 8, 2020 Opinion or Order Filing 62 ORDER: granting in part #61 Letter Motion to Adjourn Conference. Application GRANTED in part. The initial pretrial conference is adjourned to January 29, 2021 at 10:30 a.m. The parties' joint letter is due by January 21, 2021. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171, and the security code 3749. SO ORDERED. Initial Conference set for 1/29/2021 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/08/2020) (ama)
December 8, 2020 Opinion or Order Filing 61 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Brian Pete dated 12/08/2020. Document filed by ATIF Holdings Limited..(Pete, Brian)
December 3, 2020 Opinion or Order Filing 60 MEMORANDUM OF LAW in Opposition re: #54 FIRST MOTION to Serve by Alternative Means. . Document filed by ATIF Holdings Limited..(Pete, Brian)
December 3, 2020 Opinion or Order Filing 59 DECLARATION of Brian Pete in Opposition re: #54 FIRST MOTION to Serve by Alternative Means.. Document filed by ATIF Holdings Limited..(Pete, Brian)
November 30, 2020 Opinion or Order Filing 58 ORDER: granting #57 Letter Motion for Extension of Time to Answer. Appliction Granted. SO ORDERED. ATIF Holdings Limited answer due 12/8/2020. (Signed by Judge Valerie E. Caproni on 11/30/2020) (ama)
November 30, 2020 Opinion or Order Filing 57 AMENDED LETTER MOTION for Extension of Time to File Answer re: #56 Order on Motion for Extension of Time to Answer Amended Complaint and Set a Briefing Schedule addressed to Judge Valerie E. Caproni from Brian Pete dated 11/30/2020. Document filed by ATIF Holdings Limited..(Pete, Brian)
November 30, 2020 Opinion or Order Filing 56 ORDER granting #55 Letter Motion for Extension of Time to Answer. Application GRANTED. ATIF Holdings Limited answer due 12/1/2020 (Signed by Judge Valerie E. Caproni on 11/30/2020) (cf)
November 30, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 12/1/2020. Responses due by 1/13/2021 Replies due by 1/27/2021. (cf)
November 25, 2020 Opinion or Order Filing 55 LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Valerie E. Caproni from Brian Pete dated 11/25/2020. Document filed by ATIF Holdings Limited..(Pete, Brian)
November 19, 2020 Opinion or Order Filing 54 FIRST MOTION to Serve by Alternative Means. Document filed by Boustead Securities, LLC. (Attachments: #1 Declaration of Jack Irving Siegal, #2 Exhibit A-Proof of Delivery and letter from Han Kun Law, #3 Memorandum of Law in Support of Motion).(Klein, Ashley (Asher))
November 13, 2020 Opinion or Order Filing 53 FIRST AMENDED COMPLAINT amending #5 Complaint, against ATIF Holdings Limited, Leaping Group Co., Ltd with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #5 Complaint,. (Attachments: #1 Exhibit First Amended Complaint Exhibits, #2 Supplement Redlined First Amended Complaint, #3 Supplement Redline Pleading Cover).(Klein, Ashley (Asher))
November 13, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ashley (Asher) Akiva Klein to RE-FILE Document No. #52 Amended Complaint,. The filing is deficient for the following reason(s): the filing must be linked to the pleading that is being amended (Doc. 5). Re-file the pleading using the event type Agriculture Appeal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
November 12, 2020 Opinion or Order Filing 52 FILING ERROR - FILING ERROR - FIRST AMENDED COMPLAINT amending #50 Amended Complaint, against ATIF Holdings Limited, Leaping Group Co., Ltd with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #50 Amended Complaint,. (Attachments: #1 Exhibit First Amended Complaint Exhibits A-H, #2 Supplement Redlined First Amended Complaint, #3 Supplement Redlined Pleading Cover).(Klein, Ashley (Asher)) Modified on 11/13/2020 (jgo).
November 12, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ashley (Asher) Akiva Klein to RE-FILE Document No. #50 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
November 11, 2020 Opinion or Order Filing 51 ORDER dismissing as moot #46 Motion to Dismiss. IT IS HEREBY ORDERED that Defendant ATIF's motion to dismiss is DENIED as moot. An initial pretrial conference will be held on December 18, 2020 at 10:00 a.m. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171and the security code 3749. No later than December 10, 2020, the parties must submit a joint proposed case management plant and joint letter. The joint letter must be no more than five pages and must address the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. The Clerk of Court is respectfully directed to close the open motion at docket entry 46. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 11/11/2020) (ama)
November 11, 2020 Opinion or Order Set/Reset Hearings: Initial Conference set for 12/18/2020 at 10:00 AM before Judge Valerie E. Caproni. (ama)
November 10, 2020 Opinion or Order Filing 50 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #5 Complaint against Boustead Securities, LLC with JURY DEMAND.Document filed by Boustead Securities, LLC. Related document: #5 Complaint. (Attachments: #1 Exhibit First Amended Complaint Exhibits).(Klein, Ashley (Asher)) Modified on 11/12/2020 (sj).
November 10, 2020 Opinion or Order Filing 49 NOTICE OF APPEARANCE by Ashley (Asher) Akiva Klein on behalf of Boustead Securities, LLC..(Klein, Ashley (Asher))
November 3, 2020 Opinion or Order Filing 48 MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Complaint. . Document filed by ATIF Holdings Limited..(Pete, Brian)
November 3, 2020 Opinion or Order Filing 47 DECLARATION of Greg L. Johnson in Support re: #46 MOTION to Dismiss Complaint.. Document filed by ATIF Holdings Limited. (Attachments: #1 Exhibit A).(Pete, Brian)
November 3, 2020 Opinion or Order Filing 46 MOTION to Dismiss Complaint. Document filed by ATIF Holdings Limited..(Pete, Brian)
October 30, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian Pete to RE-FILE Document #41 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
October 22, 2020 Opinion or Order Filing 45 OPINION AND ORDER: For the foregoing reasons, Defendant's motion to dismiss is HELD IN ABEYANCE. Plaintiff is ordered to properly serve Defendant within 60 days of this order and post proof of service on ECF. If Plaintiff fails to serve Defendant within the next 60 days, the Court will grant Defendant's motion to dismiss for insufficient service of process. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/22/2020) (ama)
October 9, 2020 Opinion or Order Filing 44 ORDER: granting #42 Letter Motion for Extension of Time to File Response/Reply re #42 LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss. addressed to Judge Valerie E. Caproni from Michael Burke dated October 9, 2020. Application GRANTED. Plaintiff's opposition is due by November 10, 2020. Defendant's reply is due by December 8, 2020. In lieu of responding to Defendant's motion to dismiss, Plaintiff may file an amended complaint pursuant to Rule 4(E)(i) of the Court's individual practices. SO ORDERED. Responses due by 11/10/2020 Replies due by 12/8/2020.. (Signed by Judge Valerie E. Caproni on 10/09/2020) (ama)
October 9, 2020 Opinion or Order Filing 43 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Brian Pete dated October 9, 2020 re: #42 LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss . addressed to Judge Valerie E. Caproni from Michael Burke dated October 9, 2020. . Document filed by ATIF Holdings Limited, Leaping Group Co., Ltd..(Pete, Brian)
October 9, 2020 Opinion or Order Filing 42 LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss . addressed to Judge Valerie E. Caproni from Michael Burke dated October 9, 2020. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A: email to counsel).(Burke, Michael)
October 6, 2020 Opinion or Order Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by ATIF Holdings Limited. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A to Declaration).(Pete, Brian) Modified on 10/30/2020 (ldi).
September 18, 2020 Opinion or Order Filing 40 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Service was made by Mail to Attorney John Yung. Document filed by Boustead Securities, LLC..(Burke, Michael)
September 18, 2020 Opinion or Order Filing 39 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Service was made by Mail to California Secretary of State. Document filed by Boustead Securities, LLC..(Burke, Michael)
September 18, 2020 Opinion or Order Filing 38 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Service was made by Mail to California Secretary of State. Document filed by Boustead Securities, LLC..(Burke, Michael)
September 15, 2020 Opinion or Order Filing 37 AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was made by Mail. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A: cover letter accompanying service mailing, #2 Exhibit B: return receipt for ATIF Holdings, #3 Exhibit C: delivery confirmation to CA Sec. of State, #4 Exhibit D: delivery confirmation to John Yung at Lewis Brisbois).(Burke, Michael)
August 27, 2020 Opinion or Order Filing 36 ORDER: granting #33 Motion to Serve ATIF. IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED. Plaintiff is directed to serve ATIF by sending the Complaint and summons, via registered mail, return receipt requested, to: (i) ATIFs registered agent in California; (ii) the California Secretary of State; and (iii) John Yung at Lewis Brisbois. Plaintiff must effectuate service by these three means no later than September 15, 2020 and post proof of service on ECF. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/27/2020) (ama)
August 27, 2020 Opinion or Order Set/Reset Deadlines: Service due by 9/15/2020. (ama)
July 31, 2020 Opinion or Order Filing 35 DECLARATION of Michael P. Burke in Support re: #33 MOTION to Serve Defendant ATIF Holdings Limited by Alternative Means and for Extension of Service Deadline.. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Burke, Michael)
July 31, 2020 Opinion or Order Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Serve Defendant ATIF Holdings Limited by Alternative Means and for Extension of Service Deadline. . Document filed by Boustead Securities, LLC..(Burke, Michael)
July 31, 2020 Opinion or Order Filing 33 MOTION to Serve Defendant ATIF Holdings Limited by Alternative Means and for Extension of Service Deadline. Document filed by Boustead Securities, LLC..(Burke, Michael)
July 30, 2020 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: #31 Letter filed by Boustead Securities, LLC. ENDORSEMENT: The initial pretrial conference scheduled for August 7, 2020 is adjourned pending the Court's resolution of Defendant's motion to dismiss. Discovery is also stayed pending resolution of the motion to dismiss. Upon a joint request, the Court is happy to refer the parties to Magistrate Judge Moses for a settlement conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/30/2020) (ama)
July 30, 2020 Opinion or Order Filing 31 JOINT LETTER addressed to Judge Valerie E. Caproni from Counsel for Boustead and Leaping dated 7/30/2020 re: Initial Pretrial Conference. Document filed by Boustead Securities, LLC..(Burke, Michael)
July 23, 2020 Opinion or Order Filing 30 REPLY to Response to Motion re: #21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5). . Document filed by Leaping Group Co., Ltd..(Pete, Brian)
July 22, 2020 Opinion or Order Filing 29 ORDER FOR ADMISSION PRO HAC VICE granting #25 MOTION for Timothy J. Nally to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 7/22/2020) (jca)
July 22, 2020 Opinion or Order Filing 28 ORDER FOR ADMISSION PRO HAC VICE granting #26 MOTION for Greg L. Johnson to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 7/22/2020) (jca)
July 21, 2020 Opinion or Order Filing 27 RESPONSE in Opposition to Motion re: #21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5). . Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit Extension agreement, #2 Exhibit 10.9.2019 leaping prospectus, #3 Exhibit 6.5.2020 email exchange, #4 Exhibit 6.16.2020 email exchange, #5 Exhibit email between Michael Burke and Greg Johnson).(Burke, Michael)
July 21, 2020 Opinion or Order Filing 26 MOTION for Greg L. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20775795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leaping Group Co., Ltd. (Attachments: #1 Affidavit Declaration of Greg L. Johnson, #2 Exhibit Certificate of Good Standing of Greg L. Johnson, #3 Text of Proposed Order).(Pete, Brian)
July 21, 2020 Opinion or Order Filing 25 MOTION for Timothy J. Nally to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20774916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leaping Group Co., Ltd. (Attachments: #1 Affidavit Declaration of Timothy Nally, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Pete, Brian)
July 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Greg L. Johnson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20775795. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
July 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Timothy J. Nally to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20774916. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
July 7, 2020 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5). . Document filed by Leaping Group Co., Ltd..(Pete, Brian)
July 7, 2020 Opinion or Order Filing 23 DECLARATION of Greg L. Johnson in Support re: #21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5).. Document filed by Leaping Group Co., Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Pete, Brian)
July 7, 2020 Opinion or Order Filing 22 DECLARATION of Brian Pete in Support re: #21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5).. Document filed by Leaping Group Co., Ltd..(Pete, Brian)
July 7, 2020 Opinion or Order Filing 21 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5). Document filed by Leaping Group Co., Ltd..(Pete, Brian)
July 7, 2020 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Brian Pete on behalf of Leaping Group Co., Ltd..(Pete, Brian)
June 26, 2020 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Michael Burke on behalf of Boustead Securities, LLC..(Burke, Michael)
June 26, 2020 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Jack Irving Siegal on behalf of Boustead Securities, LLC..(Siegal, Jack)
June 22, 2020 Opinion or Order Filing 17 ORDER granting #16 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to August 7, 2020 at 10:00 a.m. The parties' joint submissions are due by July 30, 2020. (Initial Conference set for 8/7/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/22/2020) (rro)
June 22, 2020 Opinion or Order Filing 16 LETTER MOTION to Adjourn Conference to a later date addressed to Judge Valerie E. Caproni from Benjamin Levine dated 6/22/2020. Document filed by Boustead Securities, LLC..(Levine, Benjamin)
June 17, 2020 Opinion or Order Filing 15 ORDER granting #12 Motion for Jack I. Siegal to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including all Rules governing the discipline of attorneys. So Ordered. (Signed by Judge Valerie E. Caproni on 6/17/2020) (js) Modified on 6/24/2020 (js).
June 17, 2020 Opinion or Order Filing 14 ORDER granting #11 Motion for Michael P. Burke to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above- captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including all Rules governing the discipline of attorneys. So Ordered. (Signed by Judge Valerie E. Caproni on 6/17/2020) (js)
June 17, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Michael P. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284188. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
June 17, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Jack I. Siegal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284335. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
June 16, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Jack I. Siegal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284335. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Michael P. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284188. Motion and supporting papers to be reviewed by Clerk's Office staff.. The documents have been reviewed and there are no deficiencies. (ad)
June 16, 2020 Opinion or Order Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Leaping Group Co., Ltd served on 6/16/2020, answer due 7/7/2020. Service was accepted by Louis Taubman, Esq., Partner at Hunter, Fischer, Taubman & Li, LLC. Document filed by Boustead Securities, LLC..(Levine, Benjamin)
June 16, 2020 Opinion or Order Filing 12 MOTION for Jack I. Siegal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boustead Securities, LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Levine, Benjamin)
June 16, 2020 Opinion or Order Filing 11 MOTION for Michael P. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20284188. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boustead Securities, LLC. (Attachments: #1 Declaration, #2 Exhibit, #3 Text of Proposed Order).(Levine, Benjamin)
May 21, 2020 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Leaping Group Co., Ltd..(pne)
May 21, 2020 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to ATIF Holdings Limited..(pne)
May 20, 2020 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to ATIF Holdings Limited, re: #5 Complaint,. Document filed by Boustead Securities, LLC..(Levine, Benjamin)
May 20, 2020 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Leaping Group Co., LTD, re: #5 Complaint,. Document filed by Boustead Securities, LLC..(Levine, Benjamin)
May 15, 2020 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 26, 2020 at 2:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 3749. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. And as set forth herein. SO ORDERED. Initial Conference set for 6/26/2020 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/15/2020) (ama)
May 15, 2020 Opinion or Order Filing 5 COMPLAINT against ATIF Holdings Limited, Leaping Group Co., Ltd. Document filed by Boustead Securities, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Levine, Benjamin)
May 15, 2020 Opinion or Order Filing 4 CIVIL COVER SHEET filed..(Levine, Benjamin)
May 15, 2020 Opinion or Order Case Designated ECF. (pne)
May 15, 2020 Opinion or Order Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
May 15, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
May 15, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Aaron Levine. The party information for the following party/parties has been modified: ATIF was modified to ATIF Holdings Limited. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne)
May 15, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Benjamin Aaron Levine to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the signed PDF. (pne)
May 15, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 6/26/2020 at 02:00 PM before Judge Valerie E. Caproni. (ama)
May 15, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Benjamin Aaron Levine to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)
May 15, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin Aaron Levine. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the County code has been modified to XX Out of State. (pne)
May 14, 2020 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Boustead & Company Limited for Boustead Securities, LLC. Document filed by Boustead Securities, LLC..(Levine, Benjamin)
May 14, 2020 Opinion or Order Filing 2 FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Levine, Benjamin) Modified on 5/15/2020 (pne).
May 14, 2020 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-COMPLAINT against Boustead Securities, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-19832349)Document filed by Boustead Securities, LLC..(Levine, Benjamin) Modified on 5/15/2020 (pne).

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Search for this case: Boustead Securities, LLC v. Leaping Group Co., Ltd et al
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Plaintiff: Boustead Securities, LLC
Represented By: Benjamin Aaron Levine
Represented By: Michael Burke
Represented By: Jack Irving Siegal
Represented By: Ashley (Asher) Akiva Klein
Represented By: Dennis Andrew Amore
Represented By: Margaret J. Cascino
Represented By: Aleksandr Altshuler
Represented By: Alexandra Lipschultz Sobol
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Defendant: Leaping Group Co., Ltd
Represented By: Brian Pete
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Defendant: ATIF
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Defendant: ATIF Holdings Limited
Represented By: Brian Pete
Represented By: Steven A. Soulios
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