Nitcheu v. Bit Digital, Inc. et al
| Joseph Franklin Monkam Nitcheu |
| Erke Huang, Min Hu and Bit Digital, Inc. |
| 1:2021cv02262 |
| March 16, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.
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Filing 9
ORDER GRANTING THE MOTION OF JOSEPH FRANKLIN MONKAM NITCHEU FOR CONSOLIDATION, APPOINTMENT OF JOSEPH FRANKLIN MONKAM NITCHEU FOR CONSOLIDATION,APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL terminating (10) Motion to Consolidate Cases 1:21-cv-515 (as Lead Case) with 1:21-cv-721,1:21-cv-2262; terminating (10) Motion to Appoint Anthony Pauwels as Lead Plaintiff(s); terminating (10) Motion to Appoint Counsel ; granting (13) Motion to Consolidate Cases 1:21-cv-515 (as Lead Case) with 1:21-cv-721,1:21-cv-2262; granting (13) Motion to Appoint Anthony Pauwels as Lead Plaintiff(s); granting (13) Motion to Appoint Counsel in case 1:21-cv-00515-ALC. IT IS THIS 29th day of April, 2021, ORDERED as follows: 1. The actions captioned Yang v. Bit Digital, Inc., et al., No. 1:21-cv-00721-ALC(S.D.N.Y.) and Nitcheu v. Bit Digital, Inc., et al., No. 1:21-cv-02262-ALC are hereby consolidated under the above-captioned docket in the first-filed, lowest-numbered Pauwels v. Bit Digital, Inc., et al., No. 1:21-cv-00515-ALC (S.D.N.Y.), and the consolidated action shall be captioned: In re Bit Digital, Inc. Securities Litigation. 2.The file in Case No. 1:21-cv-00515-ALC shall constitute the master file for every action in the consolidated action. The Clerk shall administratively close the other cases. 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 actions, 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. 3.All securities class actions relating to the same or substantially similar alleged wrongdoing by Defendants on behalf of the same or substantially similar putative class that is subsequently filed in, or transferred to, this District shall be consolidated into this action. This Order shall apply to every such action, absent an order of the Court. A party objecting to such consolidation, or to any other provisions of this Order, must file an application for relief from this Order within ten days after the action is consolidated into this action. 4.This Order is entered without prejudice to the rights of any party to apply for severance of any claim or action, with good cause shown. 5. Mr. Nitcheu is hereby appointed as Lead Plaintiff. Mr. Nitcheu satisfies the requirements for lead plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the Private Securities Litigation Reform Act of 1995 ("PSLRA"). 6.Pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, the Court approves of Mr.Nitcheu's selection of Block & Leviton LLP as lead counsel ("Lead Counsel"). 7.Lead Counsel shall have the following responsibilities and duties, to be carried out personally or through counsel whom Lead Counsel shall designate as further set forth in this order. 13. The parties shall file a joint status report proposing a schedule with respect to filing of an amended complaint or a consolidated amended complaint, and any responsive pleadings or motions by no later than May 7, 2021. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) Filed In Associated Cases: 1:21-cv-00515-ALC, 1:21-cv-00721-ALC, 1:21-cv-02262-ALC (rj)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-00515-ALC.. (rj) |
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Filing 8
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel to the Parties, as follows: 1. Undersigned counsel for Defendants is authorized to accept, and hereby does accept, service of the summons and Complaint in this Action on behalf of all Defendants, without prejudice to or waiver of any of Defendants' defenses, objections, or arguments, except as to sufficiency of service of process. 2. Defendants' time to answer, move, or otherwise respond to the Complaint filed in the Action is extended until after the Court appoints Lead Plaintiff and Lead Counsel for the putative Class, and Lead Plaintiff serves an amended complaint, a consolidated amended complaint, or designates one of the initial complaints in the Related Actions as the operative complaint. 3. After the Court has appointed Lead Plaintiff and Lead Counsel for the putative Class, counsel for Defendants will confer with the court-appointed Lead Counsel to establish a schedule with respect to filing an amended complaint or a consolidated amended complaint, and any responsive pleadings or motions, and will jointly submit the same to the Court. So ordered. (Signed by Judge Andrew L. Carter, Jr on 4/5/2021) (rjm)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Bit Digital, Inc., Min Hu, Erke Huang..(Kagen, Stuart) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00515-ALC. Notice of Assignment to follow. (ad) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 6 CIVIL COVER SHEET filed..(Block, Jeffrey) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Bit Digital, Inc., Min Hu, Erke Huang..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Craig Block. The party information for the following party/parties has been modified: Joseph Franklin Monkam Nitcheu. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Craig Block to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 21-cv-515. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Bit Digital, Inc., Min Hu, and Erke Huang, re: #1 Complaint. Document filed by Joseph Franklin Monkam Nitcheu..(Block, Jeffrey) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-00515. Document filed by Joseph Franklin Monkam Nitcheu..(Block, Jeffrey) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Block, Jeffrey) Modified on 3/17/2021 (jgo). |
| Filing 1 COMPLAINT against Bit Digital, Inc., Min Hu, Erke Huang. (Filing Fee $ 402.00, Receipt Number ANYSDC-24257391)Document filed by Joseph Franklin Monkam Nitcheu. (Attachments: #1 Exhibit PSLRA Certification).(Block, Jeffrey) |
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