Srinivasan Venkataraman v. Kandi Technologies Group, Inc. et al
| Srinivasan Venkataraman |
| Liming Chen, Jerry Lewin, Bing Mei, Xiaoming Hu, Henry Yu, Cheng Wang and KANDI TECHNOLOGIES GROUP, INC |
| Tom Brooks and Susan Peck |
| 1:2020cv08082 |
| September 30, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time.This application is GRANTED. Defendants' deadline to answer or otherwise respond to the Amended Complaint is extended to March 2, 2021. If Defendants file a motion to dismiss, Plaintiff's opposition is due May 3, 2021, and Defendants' reply is due May 31, 2021. Motions due by 3/2/2021. (Signed by Judge Lorna G. Schofield on 2/8/2021) (cf)
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Set/Reset Deadlines: Liming Chen answer due 3/2/2021; Xiaoming Hu answer due 3/2/2021; KANDI TECHNOLOGIES GROUP, INC answer due 3/2/2021; Jerry Lewin answer due 3/2/2021; Bing Mei answer due 3/2/2021; Cheng Wang answer due 3/2/2021; Henry Yu answer due 3/2/2021. Responses due by 5/3/2021 Replies due by 5/31/2021. (cf)
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Filing 38
LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Richard J.L. Lomuscio dated February 5, 2021. Document filed by Liming Chen, Xiaoming Hu, KANDI TECHNOLOGIES GROUP, INC, Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu..(Lomuscio, Richard)
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Filing 37
NOTICE of Filing of Revised Amended Complaint re: #35 Amended Complaint,. Document filed by Tom Brooks. (Attachments: #1 Exhibit 1 - Revised Amended Complaint).(Sams, Ex Kanos)
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Filing 36
EXHIBIT TO PLEADING re: #35 Amended Complaint,. Document filed by Tom Brooks..(Linehan, Charles)
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Filing 35
AMENDED COMPLAINT amending #1 Complaint - Miscellaneous, against Liming Chen, Xiaoming Hu, KANDI TECHNOLOGIES GROUP, INC, Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu with JURY DEMAND.Document filed by Tom Brooks. Related document: #1 Complaint - Miscellaneous,. (Attachments: #1 Exhibit A).(Linehan, Charles)
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Filing 34
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR EMERGENCY RELIEF FOR LEAVE TO FILE AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS: granting #33 Letter Motion for Leave to File Document. After consideration of the pleadings, information, and arguments in support thereof, and good cause appearing, Lead Plaintiff Tom Brooks' ("Plaintiff") unopposed Motion for Emergency Relief for Leave to File Amended Complaint for Violation of the Federal Securities Laws ("Motion") in the above-captioned action is hereby GRANTED. IT IS HEREBY ORDERED that Plaintiff shall file the corrected Amended Complaint by January 8, 2021. Plaintiff's Amended Complaint shall be deemed timely filed on December 18, 2020. (Signed by Judge Lorna G. Schofield on 12/24/2020) (ama)
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Set/Reset Deadlines: Amended Pleadings due by 1/8/2021. (ama)
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Filing 33
EMERGENCY MOTION for Leave to File Amended Complaint [Unopposed]. Document filed by Tom Brooks. (Attachments: #1 Exhibit 1 - Corrected Amended Complaint, #2 Proposed Order).(Sams, Ex Kanos)
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Filing 32
ORDER granting #28 Motion for Ex Kano S. Sams II to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles H. Linehan to RE-FILE re: Document No. #31 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Hu Xiaoming; the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date, therefore Court's leave must be granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 31
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT against Liming Chen, Xiaoming Hu, KANDI TECHNOLOGIES GROUP, INC, Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu with JURY DEMAND.Document filed by Tom Brooks. (Attachments: #1 Exhibit A - Research Report).(Linehan, Charles) Modified on 12/21/2020 (jgo).
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Filing 30
STIPULATION AND ORDER: Plaintiff shall file an Amended Complaint on or before December 18, 2020; Defendants shall answer, move, or otherwise respond to the Amended Complaint byFebruary 16, 2021; In the event Defendants file a motion to dismiss the Amended Complaint, Plaintiff shall file its opposition, if any, by April 17, 2021; Defendants shall file their reply, if any, by May 17, 2021; as further set forth in this Order. Because no significant issues were raised in the parties' joint letter, the December 3, 2020, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. ( Amended Pleadings due by 12/18/2020., Motions due by 2/16/2021., Responses due by 4/17/2021, Replies due by 5/17/2021.) (Signed by Judge Lorna G. Schofield on 11/30/2020) (cf)
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Filing 29
LETTER addressed to Judge Lorna G. Schofield from Richard J.L. Lomuscio and Ex Kano S. Sams II, jointly dated November 25, 2020 re: Joint letter and proposed Case Management Plan filed prior to the initial pre-trial conference. Document filed by Liming Chen, Xiaoming Hu, KANDI TECHNOLOGIES GROUP, INC, Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu. (Attachments: #1 Appendix Proposed Civil Case Management Plan and Scheduling Order, #2 Appendix Proposed Stipulation and Order).(Lomuscio, Richard)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22560192. 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 28
MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22560192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Brooks. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Sams, Ex Kanos)
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Filing 27
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22158150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Brooks. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Sams, Ex Kanos) Modified on 10/15/2020 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #27 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22158150. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT need to be NOTARIZED;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 26
ORDER: Initial Conference set for 12/3/2020 at 10:50 AM before Judge Lorna G. Schofield. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin, as further set forth in this order. (Signed by Judge Lorna G. Schofield on 10/5/2020) (jwh)
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Filing 25
NOTICE OF APPEARANCE by Richard Joseph lamar Lomuscio on behalf of Liming Chen, Xiaoming Hu, KANDI TECHNOLOGIES GROUP, INC, Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu..(Lomuscio, Richard)
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Filing 24
CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:20-cv-05171. Original file certified copy of transfer order and docket entries received. (sjo)
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Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. 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. (sjo)
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Case Designated ECF. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Filing 23
Transfer Out Transmittal Letter (twdb) [Transferred from California Central on 9/30/2020.]
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Filing 22
ORDER by Judge Cormac J. Carney Transferring Venue (Dkt. #21 ). This case is hereby transferred to the United States District Court for the Southern District of New York. Original file, certified copy of the transfer order and docket sheet electronically sent. (MD JS-6. Case Terminated.) (twdb) [Transferred from California Central on 9/30/2020.]
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Filing 21
STIPULATION to Change Venue to USDC for the Southern District of New York filed by Defendants Liming Chen, Xiaoming Hu, Kandi Technologies Group, Inc., Jerry Lewin, Bing Mei, Cheng Wang, Henry Yu. (Attachments: #1 Proposed Order Transferring Venue, #2 Proof of Service)(Attorney Edward Eric Johnson added to party Liming Chen(pty:dft), Attorney Edward Eric Johnson added to party Xiaoming Hu(pty:dft), Attorney Edward Eric Johnson added to party Kandi Technologies Group, Inc.(pty:dft), Attorney Edward Eric Johnson added to party Jerry Lewin(pty:dft), Attorney Edward Eric Johnson added to party Bing Mei(pty:dft), Attorney Edward Eric Johnson added to party Cheng Wang(pty:dft), Attorney Edward Eric Johnson added to party Henry Yu(pty:dft))(Johnson, Edward) [Transferred from California Central on 9/30/2020.]
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Filing 20
ORDER GRANTING MOVANT TOM BROOK'S UNOPPOSED MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL #9 AND DENYING MOVANT SUSAN PECK'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF #13 by Judge Cormac J. Carney (lc) Modified on 8/31/2020 (lc). [Transferred from California Central on 9/30/2020.]
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Filing 19
NOTICE of Waiver of Oral Argument filed by Movant Tom Brooks. (Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 18
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #9 filed by Movant Tom Brooks. (Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 17
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #9 of Tom Brooks filed by Movant Susan Peck. (Ngo, Ivy) [Transferred from California Central on 9/30/2020.]
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Filing 16
NOTICE of Interested Parties filed by Movant Susan Peck, identifying None. (Ngo, Ivy) [Transferred from California Central on 9/30/2020.]
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Filing 15
DECLARATION of Ivy T. Ngo in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #13 filed by Movant Susan Peck. (Attachments: #1 Exhibit A. PSLRA Cert, #2 Exhibit B. Loss Chart, #3 Exhibit C. Press, #4 Exhibit D. Resume)(Ngo, Ivy) [Transferred from California Central on 9/30/2020.]
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Filing 14
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #13 filed by Movant Susan Peck. (Ngo, Ivy) [Transferred from California Central on 9/30/2020.]
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Filing 13
NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff filed by Movant Susan Peck. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order GRANTING MOTION OF SUSAN PECK FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL) (Attorney Ivy T Ngo added to party Susan Peck(pty:mov)) (Ngo, Ivy) [Transferred from California Central on 9/30/2020.]
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Filing 12
NOTICE of Interested Parties filed by Lead Plaintiff Movant Tom Brooks, (Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 11
DECLARATION of Charles H. Linehan in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #9 filed by Movant Tom Brooks. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movant, #3 Exhibit C - Movant Loss Chart, #4 Exhibit D - GPM Firm Resume)(Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 10
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #9 filed by Movant Tom Brooks. (Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 9
NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Lead Plaintiff Movant Tom Brooks. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Attorney Charles Henry Linehan added to party Tom Brooks(pty:mov)) (Linehan, Charles) [Transferred from California Central on 9/30/2020.]
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Filing 8
TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Cormac J. Carney. Effective July 13, 2020, Judge Cormac J. Carney will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9B, on the 9th floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9B of the Ronald Reagan Federal Buiding and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Carneys Courtroom Deputy Clerk, may be reached at CJC_Chambers@cacd.uscourts.gov. The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at the Clerks Office, Ronald Reagan Federal Building and U.S. Courthouse, located at 411 W. 4th Street, Santa Ana, California 92701-4516. Documents under this exemption may also be filed in the Los Angeles or Riverside courthouses. Please refer to Judge Carneys Procedures and Schedules Page on the Courts website **UPDATED AS OF JULY 9, 2020** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY [Transferred from California Central on 9/30/2020.]
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Filing 7
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Liming Chen, Xiaoming Hu, Kandi Technologies Group, Inc., Jerry Lewin, Bing Mei, Cheng Wang and Henry Yu. (jtil) [Transferred from California Central on 9/30/2020.]
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 9/30/2020.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Alexander F. MacKinnon. (jtil) [Transferred from California Central on 9/30/2020.]
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Filing 4
NOTICE of Interested Parties filed by Plaintiff Srinivasan Venkataraman, (Prongay, Robert) [Transferred from California Central on 9/30/2020.]
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Srinivasan Venkataraman. (Prongay, Robert) [Transferred from California Central on 9/30/2020.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Srinivasan Venkataraman. (Prongay, Robert) [Transferred from California Central on 9/30/2020.]
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Filing 1
COMPLAINT Receipt No: ACACDC-26762875 - Fee: $400, filed by Plaintiff Srinivasan Venkataraman. (Attachments: #1 Exhibit A - Derivative Opinion) (Attorney Robert Vincent Prongay added to party Srinivasan Venkataraman(pty:pla))(Prongay, Robert) [Transferred from California Central on 9/30/2020.]
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