Crass v. Yalla Group Limited et al
| Jeffrey Crass |
| Yalla Group Limited and Tao Yang |
| Steve Hu, Yechen Dong, Gang Wang, Simon Zhu and Scott A. Monett |
| Peifa Xu and Yongjun Li |
| 1:2021cv06854 |
| August 13, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 50
ORDER: 1. Pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs hereby voluntarily dismiss the claims asserted in the above captioned action against Defendants with prejudice; 2. Each side shall bear their own attorneys' foes and costs incurred in connection with this Action; 3. The undersigned parties and counsel mutually agree not to seek or assert any claim against the other(s) for fees, expenses, costs, sanctions (including any claim under Fed. R. Civ. P. 11) and/or any other claim that the Action was brought or defended in bad faith or without a reasonable basis; 4. This Stipulation constitutes the entire and complete agreement between the undersigned parties, the terms and conditions contained herein are contractual and not a mere recital, and such terms and conditions shall not be amended, supplemented or abrogated other than by a written instrument signed by the undersigned parties or their authorized representatives; and 5. This Stipulation shall not be construed against the party preparing it but shall be construed as if the parties jointly prepared this Stipulation, and any uncertainty or ambiguity shall not on the ground of authorship be interpreted against any one party. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/13/2022) (va)
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| Filing 49 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Yalla Group Limited, Tao Yang. Document filed by Peifa Xu, Yongjun Li. Proposed Order to be reviewed by Clerk's Office staff...(Weinrib, Tamar) |
| Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Yalla Group Limited, Tao Yang pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Peifa Xu, Yongjun Li. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Weinrib, Tamar) Modified on 1/12/2022 (km). |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #49 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): Title of Document is STIPULATED MOTION AND NOTICE OF VOLUNTARY DISMISSAL. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Tamar Weinrib. RE-FILE Document No. #48 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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Filing 47
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, subject to approval of this Court, as follows: 1. Defendants shall not be required to answer or otherwise respond to the Complaint. 2. Lead Plaintiffs shall file and serve via CM/ECF a consolidated amended complaint ("Amended Complaint") no later than January 7, 2022. 3. Defendants shall file and serve answer(s), motion(s) to dismiss, or other response(s) to the Amended Complaint no later than March 8, 2022. 4. If Defendants respond to the Amended Complaint by motion to dismiss, Lead Plaintiffs shall file their opposition papers no later than May 9, 2022. 5. Defendants shall file their reply papers no later than June 8, 2022. 6. This Stipulation may be executed in counterparts, each of which will be deemed an original and together will constitute one document. An electronic signature on this Stipulation will be considered an original signature. IT IS SO ORDERED. ( Amended Pleadings due by 1/7/2022., Motions due by 3/8/2022., Responses due by 5/9/2022, Replies due by 6/8/2022.) (Signed by Judge Paul A. Engelmayer on 11/15/2021) (vfr)
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| Filing 46 NOTICE OF APPEARANCE by Stephanie Hon on behalf of Yalla Group Limited..(Hon, Stephanie) |
| Filing 45 JOINT LETTER addressed to Judge Paul A. Engelmayer from George S. Wang and Tamar Weinrib dated November 11, 2021 re: Proposed Schedule. Document filed by Yalla Group Limited. (Attachments: #1 Text of Proposed Order and Stipulation).(Wang, George) |
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Filing 44
MEMO ENDORSEMENT on ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: granting #41 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney David Avi Rosenfeld terminated. (Signed by Judge Paul A. Engelmayer on 11/09/2021) (ama)
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| Filing 43 NOTICE OF APPEARANCE by Tamar A Weinrib on behalf of Yongjun Li, Peifa Xu..(Weinrib, Tamar) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #42 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 42 PROPOSED ORDER. Document filed by Scott A. Monett. Related Document Number: #41 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 41 MOTION for David A. Rosenfeld to Withdraw as Attorney . Document filed by Scott A. Monett..(Rosenfeld, David) |
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Filing 40
ORDER granting #27 Motion to Appoint ; granting #27 Motion to Approve Yongjun Li and Peifa Xu appointment as lead plaintiffs; terminating #39 Motion for Leave to File Document; terminating #13 Motion to Appoint ; terminating #13 Motion to Appoint Counsel ; terminating #16 Motion to Appoint ; terminating #16 Motion to Appoint Counsel ; terminating #19 Motion to Appoint ; terminating #19 Motion to Appoint Counsel ; terminating #21 Motion to Appoint. For the reasons set out above, the Court grants the Xu Group's motion for appointment as lead plaintiffs, and appoints Pomerantz as lead counsel. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 13, 16, 19, 21, 27, and 39. The Court directs the parties to meet and confer and, by November 15, 2021, to file a joint letter setting out an efficient proposed schedule for next steps in this case, including proposed dates for the filing of(l) a consolidated amended complaint and (2) defendants' response. If defendants anticipate that their response will take the form of a motion to dismiss, the parties shall include proposed dates for the opposition and reply briefs as well. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/8/2021) (va)
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| Filing 39 LETTER MOTION for Leave to File Reply to Movant Gang Wang's Opposition re Motion for Appointment As Lead Plaintiff addressed to Judge Paul A. Engelmayer from Jeremy A. Lieberman dated 11/03/2021. Document filed by Yongjun Li, Peifa Xu. (Attachments: #1 Exhibit A [Proposed] Reply Brief, #2 Exhibit 1 to Proposed Reply Brief).(Lieberman, Jeremy) |
| Filing 38 NOTICE of Non-Opposition to Competing Lead Plaintiff Motions re: #19 MOTION to Appoint Simon Zhu to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP.. Document filed by Simon Zhu..(Linkh, Gregory) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Appoint Steve Hu and Yechen Dong to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #21 MOTION to Appoint Scott A. Monett to serve as lead plaintiff(s) ., #19 MOTION to Appoint Simon Zhu to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP., #27 MOTION to Appoint Peifa Xu and Yongjun Li to serve as lead plaintiff(s) . MOTION to Approve Lead Plaintiff Counsel . . Document filed by Gang Wang..(Rosen, Laurence) |
| Filing 36 MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint Peifa Xu and Yongjun Li to serve as lead plaintiff(s) . MOTION to Approve Lead Plaintiff Counsel . MEMORANDUM OF LAW: (1) IN FURTHER SUPPORT OF MOTION OF PEIFA XU AND YONGJUN LI FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF LEAD COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS. Document filed by Yongjun Li, Peifa Xu..(Lieberman, Jeremy) |
| Filing 35 NOTICE OF APPEARANCE by Thomas Henry Przybylowski on behalf of Yongjun Li, Peifa Xu..(Przybylowski, Thomas) |
| Filing 34 NOTICE of Withdrawal of Motion re: #21 MOTION to Appoint Scott A. Monett to serve as lead plaintiff(s) .. Document filed by Scott A. Monett..(Rosenfeld, David) |
| Filing 33 NOTICE of Non-Opposition to Competing Lead Plaintiff Motions re: #13 MOTION to Appoint Steve Hu and Yechen Dong to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Yechen Dong, Steve Hu..(Hopkins, Shannon) |
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Filing 32
ORDER with respect to #27 Motion to Appoint ; with respect to #13 Motion to Appoint ; with respect to #16 Motion to Appoint ; with respect to #19 Motion to Appoint ; with respect to #21 Motion to Appoint. The Court has received several motions for appointment of lead plaintiff(s) and counsel in this case. See Dkts. 13, 16, 19, 21, and 27. Responses to these motions are due on October 27, 2021. The Court does not invite replies. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/13/2021) (tg)
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| Set/Reset Deadlines: Responses due by 10/27/2021 (tg) |
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Filing 31
ORDER with respect to #27 Motion to Appoint ; with respect to #27 Motion to Approve ; with respect to #13 Motion to Appoint ; with respect to #13 Motion to Appoint Counsel ; with respect to #16 Motion to Appoint ; with respect to #16 Motion to Appoint Counsel ; with respect to #19 Motion to Appoint ; with respect to #19 Motion to Appoint Counsel ; with respect to #21 Motion to Appoint. The Court has received several motions for appointment of lead plaintiff(s) and counsel in this case. See Diets. 13, 16, 19, 21, and 27. Responses to these motions are due on October 27, 2021. The Court does not invite replies. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/13/2021) (va)
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| Set/Reset Deadlines: Responses due by 10/27/2021 (va) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order #25 Proposed Order #17 Proposed Order #28 Proposed Order was reviewed and approved as to form. (km) |
| Filing 30 DECLARATION of Jeremy A. Lieberman in Support re: #27 MOTION to Appoint Peifa Xu and Yongjun Li to serve as lead plaintiff(s) . MOTION to Approve Lead Plaintiff Counsel .. Document filed by Yongjun Li, Peifa Xu. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certifications, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Firm Resume).(Lieberman, Jeremy) |
| Filing 29 MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint Peifa Xu and Yongjun Li to serve as lead plaintiff(s) . MOTION to Approve Lead Plaintiff Counsel . . Document filed by Yongjun Li, Peifa Xu..(Lieberman, Jeremy) |
| Filing 28 PROPOSED ORDER. Document filed by Yongjun Li, Peifa Xu. Related Document Number: #27 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 MOTION to Appoint Peifa Xu and Yongjun Li to serve as lead plaintiff(s) ., MOTION to Approve Lead Plaintiff Counsel . Document filed by Peifa Xu, Yongjun Li..(Lieberman, Jeremy) |
| Filing 26 PROPOSED ORDER. Document filed by Scott A. Monett. Related Document Number: #21 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 25 PROPOSED ORDER. Document filed by Simon Zhu. Related Document Number: #19 ..(Linkh, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 DECLARATION of David A. Rosenfeld in Support re: #21 MOTION to Appoint Scott A. Monett to serve as lead plaintiff(s) .. Document filed by Scott A. Monett. (Attachments: #1 Exhibit A-Notice, #2 Exhibit B-Certification, #3 Exhibit C-Chart of Losses, #4 Exhibit D-Client Declaration).(Rosenfeld, David) |
| Filing 23 DECLARATION of Gregory B. Linkh in Support re: #19 MOTION to Appoint Simon Zhu to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP.. Document filed by Simon Zhu. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movant, #3 Exhibit C - Movant Financial Interest Analysis, #4 Exhibit D - GPM Firm Resume).(Linkh, Gregory) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Scott A. Monett to serve as lead plaintiff(s) . . Document filed by Scott A. Monett..(Rosenfeld, David) |
| Filing 21 MOTION to Appoint Scott A. Monett to serve as lead plaintiff(s) . Document filed by Scott A. Monett..(Rosenfeld, David) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Simon Zhu to serve as lead plaintiff(s) . MOTION to Appoint Counsel Glancy Prongay & Murray LLP. . Document filed by Simon Zhu..(Linkh, Gregory) |
| Filing 19 MOTION to Appoint Simon Zhu to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Glancy Prongay & Murray LLP. Document filed by Simon Zhu..(Linkh, Gregory) |
| Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION to Appoint Gang Wang to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. . Document filed by Gang Wang. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip) |
| Filing 17 PROPOSED ORDER. Document filed by Gang Wang. Related Document Number: #16 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 MOTION to Appoint Gang Wang to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A. Document filed by Gang Wang..(Kim, Phillip) |
| Filing 15 DECLARATION of Shannon L. Hopkins in Support re: #13 MOTION to Appoint Steve Hu and Yechen Dong to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Yechen Dong, Steve Hu. (Attachments: #1 Exhibit A - PSLRA Certifications, #2 Exhibit B - Loss Chart, #3 Exhibit C - PSLRA Notice, #4 Exhibit D - Joint Declaration, #5 Exhibit E - LK Resume).(Hopkins, Shannon) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Steve Hu and Yechen Dong to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Yechen Dong, Steve Hu..(Hopkins, Shannon) |
| Filing 13 MOTION to Appoint Steve Hu and Yechen Dong to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Levi & Korsinsky, LLP. Document filed by Steve Hu, Yechen Dong. (Attachments: #1 Text of Proposed Order).(Hopkins, Shannon) |
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Filing 12
ORDER GRANTING ADMISISON TO PRACTICE PRO HAC VICE: granting #11 Motion for Bo Bryan Jin to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 10/08/2021) (ama)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Bo Bryan Jin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25167496. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 11 MOTION for Bo Bryan Jin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25167496. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yalla Group Limited. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Admission Pro Hac Vice).(Jin, Bo Bryan) |
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Filing 10
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows: 1. Defendant Yalla agrees that service of the summons and Complaint has been made on Yalla, but expressly reserve all rights, defenses, or other objections other than insufficient process or insufficient service of process. 2. Defendants need not answer or otherwise respond to the Complaint or to any other complaint that is consolidated or coordinated with this action prior to the appointment of Lead Plaintiff by the Court. 3. Within twenty-one (21) days after this Court appoints a Lead Plaintiff, the parties will submit to the Court a proposed schedule for (i) Lead Plaintiff's filing of a consolidated complaint or designation of a previously-filed complaint as the operative complaint, (ii) Defendants' time to answer or otherwise respond to the operative complaint, (iii) Lead Plaintiff's time to oppose any motion to dismiss that is filed, and (iv) Defendants' time to reply in support of any motion to dismiss that is filed. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/3/2021) (va)
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| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Yalla Group Limited..(Wang, George) |
| Filing 8 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from George S. Wang and Thomas L. Laughlin, IV dated September 2, 2021. Document filed by Yalla Group Limited. (Attachments: #1 Stipulation and [Proposed] Order).(Wang, George) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Yalla Group Limited served on 8/17/2021, answer due 9/7/2021. Service was accepted by Sneha Snehal, Service of Process Intake Clerk. Document filed by Jeffrey Crass..(Laughlin, Thomas) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Tao Yang..(sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Yalla Group Limited. (sj) |
| Case Designated ECF. (sj) |
| 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tao Yang, re: #1 Complaint. Document filed by Jeffrey Crass..(Laughlin, Thomas) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Yalla Group Limited, re: #1 Complaint. Document filed by Jeffrey Crass..(Laughlin, Thomas) |
| Filing 2 CIVIL COVER SHEET filed..(Laughlin, Thomas) |
| Filing 1 COMPLAINT against Yalla Group Limited, Tao Yang. (Filing Fee $ 402.00, Receipt Number ANYSDC-24933473)Document filed by Jeffrey Crass. (Attachments: #1 PSLRA Certification, #2 Schedule A).(Laughlin, Thomas) |
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