Brown v. Qutoutiao Inc. et al
| Howard Brown |
| Jingbo Wang, Xiaolu Zhu, Eric Siliang Tan, Shaoqing Jiang, Qutoutiao Inc., Oliver Yucheng Chen, Lei Li and Jianfei Dong |
| 1:2020cv07717 |
| September 18, 2020 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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Filing 21
STIPULATION AND ORDER REGARDING TIME FOR DEFENDANT HAITONG INTERNATIONAL SECURITIES COMPANY LIMITED TO RESPOND TO COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to approval of the Court, that: Haitong International's time to respond to the Complaint shall be extended until 30 days after the Court rules on the Outstanding Motions to Dismiss. Haitong International accepts service of the Complaint and Summons, but reserves and does not waive all other defenses, including without limitation those related to personal jurisdiction and extraterritorial application of the United States securities laws; Following the Court's decision on the Outstanding Motions to Dismiss, Plaintiff's counsel and counsel for Haitong International shall meet and confer on a proposed briefing schedule for any potential Haitong International motion to dismiss; and If the Court denies any or all of the Outstanding Motions to Dismiss, Haitong International will not move to dismiss on the same basis as to which the Court denied dismissal, provided that Haitong International retains the right to move to dismiss on other defenses including without limitation those related to personal jurisdiction and extraterritorial application of the United States securities laws. (Signed by Judge Sidney H. Stein on 2/23/2022) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (rro)
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Filing 20
ORDER: IT IS HEREBY ORDERED that the stay of the Court's Order granting plaintiff leave for alternative service as to defendants Haitong and Lighthouse [Doc. No. 79] is vacated. (Signed by Judge Sidney H. Stein on 1/31/2022) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (jca)
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Filing 19
MEMO ENDORSEMENT on re: (82 in 1:20-cv-06707-SHS) Notice (Other) filed by James Pappas. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 12/15/2021) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (jca)
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Filing 18
STIPULATION AND ORDER REGARDING TIME FOR HAITONG AND LIGHTHOUSE TO RESPOND TO MOTION FOR LEAVE FOR ALTERNATIVE SERVICE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to approval of the Court, that: 1. Haitong and Lighthouse's time to respond to the Alternative Service Motion shall be extended until January 5, 2022; 2. Plaintiffs' time to file a reply shall be extended until January 19, 2022; 3. Haitong and Lighthouse do not intend this stipulation to serve as an appearance or waiver of any defenses, and expressly reserve all rights and defenses, including those related to service, personal jurisdiction, and extraterritorial application of the United States securities laws. Plts' Motion for leave for Alternative Service was granted earlier today. In light of this stipulation filed today, my order granting that motion is stayed as to Haitong and Lighthouse until January 26, 2022. SO ORDERED. (Responses due by 1/5/2022, Replies due by 1/19/2022.) (Signed by Judge Sidney H. Stein on 12/14/2021) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (jca)
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Filing 17
STIPULATION AND ORDER REGARDING TIME FOR INDIVIDUAL DEFENDANTS YONGBO DAI, JIANFEI DONG, SHAOQING JIANG, FENG LI, LEI LI, JAMES JUN PENG, ERIC SILIANG TAN, JINGBO WANG, AND XIAOLU ZHU TO RESPOND TO COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to approval of the Court, that: 1. The Certain Individual Defendants' time to respond to the Complaint shall be extended until 30 days after the Court rules on the Outstanding Motions to Dismiss; 2. The Certain Individual Defendants will not contest the sufficiency of process or of the service of process as to the Complaint and Summons, but reserve and do not waive all other defenses, including without limitation those related to personal jurisdiction and extraterritorial application of the United States securities laws; 3. Following the Court's decision on the Outstanding Motions to Dismiss, Plaintiffs counsel and counsel for the Certain Individual Defendants shall meet and confer on a proposed briefing schedule for any potential motion to dismiss by the Certain Individual Defendants; and 4. If the Court denies any or all of the Outstanding Motions to Dismiss, the Certain Individual Defendants will not move to dismiss on the same basis as to which the Court denied dismissal. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/14/2021) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (jca)
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Filing 16
Vacated as per Judge's Order dated 1/31/2022, Doc. #20 ORDER granting (73) Motion re: (73 in 1:20-cv-06707-SHS) MOTION for Leave for Alternative Service . in case 1:20-cv-06707-SHS. Accordingly, IT IS HEREBY ORDERED that: 1. Lead plaintiff's Motion for Leave for Alternative Service is granted, and 2. Lead plaintiff may effectuate service of the summons and complaint in this action pursuant to Fed. R. Civ. P. 4(f)(3) by undertaking, for each of the 11 Unserved Defendants, each of the actions set forth on pages 17 through 20 of lead plaintiff's Memorandum of Law in Support of Motion for Leave for Alternative Service. (ECF No. 74.) SO ORDERED.. (Signed by Judge Sidney H. Stein on 12/14/2021) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (jca) Modified on 1/31/2022 (jca). Modified on 1/31/2022 (jca).
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Jefferies Financial Group Inc. for Jefferies Group LLC. Document filed by Jefferies Group LLC.Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS.(Rosenberg, Jonathan)
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Filing 14
ORDER granting #11 Motion for William K. Pao to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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Filing 13
ORDER GRANTING JOINT REQUEST TO MODIFY THE CAPTION FOR THE CONSOLIDATED ACTION. IT IS HEREBY ORDERED THAT: Pursuant to Fed. R. Civ. 42(a), Burnham v. Qutoutiao, Inc. et al., No. 1:20-cv-06707, and Brown v. Qutoutiao, Inc. et al., No. 1:20-cv-07717, are consolidated as further specified and set forth in this Order. The file in Case No. 1:20-cv-06707 shall constitute the master file for every action in the consolidated action. The Clerk shall administratively close the other actions. When the document being filed pertains to all actions, the phrase "All Actions" shall appear immediately after the phrase "This Document Relates To:" When a pleading applies to some, but not all, of the action, the document shall list, immediately after the phrase "This Document Relates To:", the docket number for each individual action to which the document applies, along with the last name of the first-listed plaintiff in said action. The Clerk shall amend the caption accordingly. IT IS SO ORDERED. (Signed by Judge Sidney H. Stein on 1/13/2021) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (rjm)
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Filing 12
INTERNET CITATION NOTE: Material from decision with Internet citation re: #8 Stipulation and Order, Set Deadlines. (sjo)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jonathan Rosenberg to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for William K. Pao to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22714636. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 11
MOTION for William K. Pao to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22714636. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by China Merchants Securities (HK) Co., Ltd., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., KeyBanc Capital Markets Inc., UBS Securities LLC. (Attachments: #1 Declaration of William Pao, #2 Certificate of Good Standing - California, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS.(Pao, William)
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Filing 10
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Other Affiliate UBS Group AG for UBS Securities LLC; Corporate Parent DB U.S. Financial Markets Holding Corporation, Other Affiliate DB USA Corporation, Other Affiliate Deutsche Bank A.G., Other Affiliate Taunus Corporation for Deutsche Bank Securities Inc.; Corporate Parent KeyCorp for KeyBanc Capital Markets Inc.; Corporate Parent Citigroup Financial Products Inc., Other Affiliate Citigroup Inc. for Citigroup Global Markets Inc.; Corporate Parent China Merchants Securities International Company Limited, Other Affiliate China Merchants Securities Co., Ltd., for China Merchants Securities (HK) Co., Ltd.. Document filed by China Merchants Securities (HK) Co., Ltd., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., KeyBanc Capital Markets Inc., UBS Securities LLC.Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS.(Rosenberg, Jonathan) Modified on 12/1/2020 (ldi).
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Filing 9
NOTICE OF APPEARANCE by Jonathan Rosenberg on behalf of China Merchants Securities (HK) Co., Ltd., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., KeyBanc Capital Markets Inc., UBS Securities LLC. Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS.(Rosenberg, Jonathan)
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Filing 8
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows: 1. Counsel for Qutoutiao Inc. (the "Company") and Oliver Yucheng Chen (collectively, the "Qutoutiao Defendants") accepts service of the Complaint and Second Complaint on behalf of Qutoutiao Defendants and counsel for Citigroup Global Markets Inc., Deutsche Bank Securities Inc., China Merchants Securities (HK) Co., Ltd., UBS Securities LLC, and Keybanc Capital Markets Inc. (collectively, the "Underwriter Defendants" and together with Qutoutiao Defendants, "Defendants") accepts service of the Complaint on behalf of the Underwriter Defendants, and service is deemed effective when the Court enters an order approving the stipulation. Defendants expressly reserve all rights, defenses, or other objections other than insufficient process or insufficient service of process. 2. Defendants shall not be required to answer or otherwise respond to either the Complaint or the Second Complaint. 3. Lead Plaintiff shall file and serve via CM/ECF a consolidated amended complaint or designate a previously filed complaint as the operative complaint (the "Operative Complaint") no later than January 15, 2021. 4. Defendants shall file and serve answer(s), motion(s) to dismiss, or other response(s) to the Operative Complaint no later than March 16, 2021. 5. If Defendants respond to the Operative Complaint by motion to dismiss, Lead Plaintiff shall file its opposition papers no later than 60 days after the motion is served. 6. Defendants shall file their reply papers no later than 45 days after Lead Plaintiff's opposition papers are served. So ordered. (Amended Pleadings due by 1/15/2021. Motions due by 3/16/2021.) (Signed by Judge Sidney H. Stein on 11/18/2020) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (rjm)
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Set/Reset Deadlines: Oliver Yucheng Chen answer due 3/16/2021; Jianfei Dong answer due 3/16/2021; Shaoqing Jiang answer due 3/16/2021; Lei Li answer due 3/16/2021; Qutoutiao Inc. answer due 3/16/2021; Eric Siliang Tan answer due 3/16/2021; Jingbo Wang answer due 3/16/2021; Xiaolu Zhu answer due 3/16/2021. (rjm)
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Filing 7
OPINION & ORDER re: (11 in 1:20-cv-06707-SHS, 11 in 1:20-cv-06707-SHS, 11 in 1:20-cv-06707-SHS) MOTION to Consolidate Cases 1:20-cv-07717-SHS . MOTION to Appoint Steven Burnham to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Steven Burnham, (12 in 1:20-cv-06707-SHS, 12 in 1:20-cv-06707-SHS, 12 in 1:20-cv-06707-SHS) MOTION to Consolidate Cases 1:20-cv-06707; 1:20-cv-07717 . MOTION to Appoint Susan Nguyen to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Susan Nguyen, (8 in 1:20-cv-06707-SHS, 8 in 1:20-cv-06707-SHS, 8 in 1:20-cv-06707-SHS) MOTION to Consolidate Cases 1:20-cv-07717 . MOTION to Appoint James Pappas to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by James Pappas, (5 in 1:20-cv-06707-SHS, 5 in 1:20-cv-06707-SHS) MOTION to Appoint Robert Arredondo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. filed by Robert Arredondo.For the reasons set forth above, the motions for consolidation of related actions under Rule 42(a) of the Federal Rules of Civil Procedure are granted. James Pappas's motion for appointment as lead plaintiff and for the approval of his selection of Roche Cyrulnik Freedman LLP as class counsel is granted. The lead-plaintiff motions filed by Robert Arredondo, Susan Nguyen, and Steven Burnham are denied. Lead plaintiff James Pappas is directed to file and serve an amended consolidated class action complaint within 30 days. (Signed by Judge Sidney H. Stein on 11/4/2020) Filed In Associated Cases: 1:20-cv-06707-SHS, 1:20-cv-07717-SHS (rro)
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CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-06707-SHS.. (rro)
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Filing 6
NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of Howard Brown..(Hood, Joseph)
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Magistrate Judge Sarah L. Cave 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. (ad)
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CASE ACCEPTED AS RELATED. Create association to 1:20-cv-06707-SHS. Notice of Assignment to follow. (ad)
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NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Unassigned is no longer assigned to the case. (ad)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Oliver Yucheng Chen, Jianfei Dong, Shaoqing Jiang, Lei Li, Qutoutiao Inc., Eric Siliang Tan, Jingbo Wang, Xiaolu Zhu..(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alan Lieberman. The party information for the following party/parties has been modified: Howard Brown. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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Case Designated ECF. (jgo)
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CASE REFERRED TO Judge Sidney H. Stein as possibly related to 20-cv-6707. (jgo)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Qutoutiao Inc., Eric Siliang Tan, Lei Li, Jingbo Wang, Xiaolu Zhu, Shaoqing Jiang, Jianfei Dong, Oliver Yucheng Chen, re: #1 Complaint. Document filed by Howard Brown..(Lieberman, Jeremy)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-06707. Document filed by Howard Brown..(Lieberman, Jeremy)
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Filing 2
CIVIL COVER SHEET filed..(Lieberman, Jeremy)
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Filing 1
COMPLAINT against Oliver Yucheng Chen, Jianfei Dong, Shaoqing Jiang, Lei Li, Qutoutiao Inc., Eric Siliang Tan, Jingbo Wang, Xiaolu Zhu. (Filing Fee $ 400.00, Receipt Number ANYSDC-21732243)Document filed by Howard Brown..(Lieberman, Jeremy)
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