Sandoz v. Waterdrop Inc. et al
| Sidney Sandoz |
| Waterdrop Inc., Peng Shen, Kangping Shi, Nina Zhou, Kai Huang, Haiyang Yu, Yao Hu, Guang Yang, Colleen A. De Vries, Cogency Global Inc., Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, BofA Securities, Inc., China Merchants Securities (HK) Co., Limited, CLSA Limited and Haitong International Securities Company Limited |
| On Tsang, Drew Bahl and William Gallo |
| Qi Mi |
| Harold Weber |
| 1:2021cv07683 |
| September 14, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Denise L Cote |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 63
RESPONSE re: #62 Proposed Findings of Fact . Document filed by BofA Securities, Inc., Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, Waterdrop Inc...(Carlinsky, Michael)
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Filing 62
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Qi Mi. (Attachments: #1 Affidavit of Kim E. Miller).(Miller, Kim)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #61 Notice of Appeal,..(nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #61 Notice of Appeal, filed by Qi Mi were transmitted to the U.S. Court of Appeals..(nd)
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Filing 61
NOTICE OF APPEAL from #58 Memorandum & Opinion,, #59 Clerk's Judgment,,,. Document filed by Qi Mi. Filing fee $ 505.00, receipt number ANYSDC-27431558. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Miller, Kim) Modified on 3/7/2023 (nd).
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Filing 60
ORDER: Accordingly, it is hereby ORDERED that the plaintiff's submission regarding its compliance with Rule 11(b) is due March 14, 2023. Any response by the defendants is due March 28, 2023. (Signed by Judge Denise L. Cote on 2/21/2023) (vfr)
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Filing 59
CLERK'S JUDGMENT re: #58 Memorandum & Opinion in favor of BofA Securities, Inc., CLSA Limited, China Merchants Securities (HK) Co., Limited, Cogency Global Inc., Goldman Sachs (Asia) L.L.C., Haitong International Securities Company Limited, Morgan Stanley & Co. LLC, Waterdrop Inc., Colleen A. De Vries, Guang Yang, Haiyang Yu, Kai Huang, Kangping Shi, Nina Zhou, Peng Shen, Yao Hu against Sidney Sandoz. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 3, 2023, the defendants' April 22 motion to dismiss is granted. The claims against the remaining defendants will also be dismissed. There is no basis to find that the claims against the remaining defendants, who have yet to be served, are distinguishable and would survive; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/3/2023) (Attachments: #1 Right to Appeal) (km)
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Filing 58
OPINION AND ORDER re: #53 MOTION to Dismiss the Amended Class Action Complaint. filed by Goldman Sachs (Asia) L.L.C., Waterdrop Inc., Morgan Stanley & Co. LLC, Colleen A. De Vries, Cogency Global Inc., BofA Securities, Inc. The defendants' April 22 motion to dismiss is granted. The claims against the remaining defendants will also be dismissed. There is no basis to find that the claims against the remaining defendants, who have yet to be served, are distinguishable and would survive. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 2/3/2023) (vfr) Transmission to Orders and Judgments Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (aea)
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Filing 57
REPLY MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by BofA Securities, Inc., Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, Waterdrop Inc...(Carlinsky, Michael)
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Filing 56
MEMORANDUM OF LAW in Opposition re: #53 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by Qi Mi..(Miller, Kim)
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Filing 55
DECLARATION of Michael B. Carlinsky in Support re: #53 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by BofA Securities, Inc., Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, Waterdrop Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Carlinsky, Michael)
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Filing 54
MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by BofA Securities, Inc., Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, Waterdrop Inc.. (Attachments: #1 Appendix).(Carlinsky, Michael)
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Filing 53
MOTION to Dismiss the Amended Class Action Complaint. Document filed by BofA Securities, Inc., Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, Waterdrop Inc...(Carlinsky, Michael)
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Filing 52
AMENDED COMPLAINT amending #1 Complaint, against BofA Securities, Inc., CLSA Limited, China Merchants Securities (HK) Co., Limited, Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Haitong International Securities Company Limited, Yao Hu, Kai Huang, Morgan Stanley & Co. LLC, Peng Shen, Kangping Shi, Waterdrop Inc., Guang Yang, Haiyang Yu, Nina Zhou with JURY DEMAND.Document filed by Qi Mi. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, Mi Certificate).(Miller, Kim)
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Filing 51
STIPULATION AND ORDER REGARDING TIME TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to theCourts approval:1. Lead Plaintiff shall file an amended complaint (the "Amended Complaint") on or before February 21, 2022; 2. The Served Defendants shall answer or otherwise respond to Lead Plaintiff's Amended Complaint by April 22, 2022; 3. Lead Plaintiff shall file any opposition to such motion on or before June 21, 2022; and, 4. The Served Defendants shall file any reply in support of such motion on or before July 21, 2022. SO ORDERED. ( Amended Pleadings due by 2/21/2022., Responses due by 6/21/2022, Replies due by 7/21/2022.) (Signed by Judge Vernon S. Broderick on 12/22/2021) (tg)
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Filing 50
PROPOSED STIPULATION AND ORDER. Document filed by Waterdrop Inc...(Carlinsky, Michael)
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Filing 49
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL granting #47 Motion to Withdraw as Attorney. Upon consideration of the Motion for Leave to Withdraw as Counsel, and for good cause shown, it is HEREBY ORDERED THAT Samuel H. Rudman and David A. Rosenfeld of Robbins Geller Rudman & Dowd LLP are hereby withdrawn as counsel of record. The Clerk of the Court is directed to remove the above-named attorneys and law firm from the docket as well as the ECF Service List. IT IS SO ORDERED. Attorney David Avi Rosenfeld and Samuel Howard Rudman terminated. (Signed by Judge Vernon S. Broderick on 12/14/2021) (vfr)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #48 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #46 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
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Filing 48
PROPOSED ORDER. Document filed by On Tsang. Related Document Number: #47 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 47
MOTION for David A. Rosenfeld to Withdraw as Attorney . Document filed by On Tsang..(Rosenfeld, David)
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Filing 46
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Sidney Sandoz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rosenfeld, David)
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Filing 45
ORDER GRANTING MOTION OF QI MI FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL terminating #26 Motion to Appoint ; terminating #26 Motion to Appoint Counsel ; terminating #32 Motion to Appoint ; terminating #35 Motion to Appoint ; granting #18 Motion to Appoint ; granting #18 Motion to Appoint Counsel ; terminating #22 Motion to Appoint ; terminating #22 Motion to Appoint Counsel. Having considered the motion of Mr. Qi Mi for Appointment as Lead Plaintiff and Approval of his Selection of Lead Counsel (the "Motion"), and good cause appearing therefore, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED; 2. The Court, having considered the provisions of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78z-1(a)(3)(B), appoints Mr. Qi Mi as Lead Plaintiff; and 3. Pursuant to 15 U.S.C. 77zu-1(a)(3)(B)(v), the Court approves Kahn Swick & Foti, LLC as Lead Counsel for the Class. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 12/8/2021) (kv)
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Filing 44
REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Qi Mi to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Qi Mi..(Miller, Kim)
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Filing 43
NOTICE of NON-OPPOSITION OF HAROLD WEBER TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL. Document filed by Harold Weber..(Hasson, Laurence)
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Filing 42
MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Qi Mi to serve as lead plaintiff(s) . MOTION to Appoint Counsel . And in Opposition to Competing Motions. Document filed by Qi Mi..(Miller, Kim)
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Filing 41
NOTICE of Non-Opposition of William Gallo to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel re: #32 MOTION to Appoint William Gallo to serve as lead plaintiff(s) .. Document filed by William Gallo..(Lieberman, Jeremy)
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Filing 40
NOTICE of of Withdrawal re: #22 MOTION to Appoint On Tsang to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by On Tsang..(Rosenfeld, David)
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Filing 39
NOTICE of Withdrawal re: #26 MOTION to Appoint DREW BAHL to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Drew Bahl..(Kim, Phillip)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #38 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #33 Proposed Order was reviewed and approved as to form. (dt)
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Filing 38
PROPOSED ORDER. Document filed by Harold Weber. Related Document Number: #35 ..(Hasson, Laurence) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 37
MEMORANDUM OF LAW in Support re: #35 MOTION to Appoint HAROLD WEBER to serve as lead plaintiff(s) AND APPROVAL OF COUNSEL. . Document filed by Harold Weber. (Attachments: #1 Declaration of Lauren Hasson, #2 Exhibit A- Early Notice, #3 Exhibit B- Certification, #4 Exhibit C- Loss Chart, #5 Exhibit D- Assignment, #6 Exhibit E- Firm Resume).(Hasson, Laurence)
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Filing 36
DECLARATION of Jeremy A. Lieberman in Support re: #32 MOTION to Appoint William Gallo to serve as lead plaintiff(s) .. Document filed by William Gallo. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Movant Declaration, #5 Exhibit E - Pomerantz Firm Resume).(Lieberman, Jeremy)
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Filing 35
MOTION to Appoint HAROLD WEBER to serve as lead plaintiff(s) AND APPROVAL OF COUNSEL. Document filed by Harold Weber..(Hasson, Laurence)
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Filing 34
MEMORANDUM OF LAW in Support re: #32 MOTION to Appoint William Gallo to serve as lead plaintiff(s) . . Document filed by William Gallo..(Lieberman, Jeremy)
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Filing 33
PROPOSED ORDER. Document filed by William Gallo. Related Document Number: #32 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 32
MOTION to Appoint William Gallo to serve as lead plaintiff(s) . Document filed by William Gallo..(Lieberman, Jeremy)
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Filing 31
NOTICE OF APPEARANCE by Jeremy Alan Lieberman on behalf of William Gallo..(Lieberman, Jeremy)
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Filing 30
NOTICE OF APPEARANCE by Joseph Alexander Hood, II on behalf of William Gallo..(Hood, Joseph)
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Filing 29
NOTICE OF APPEARANCE by Lesley Frank Portnoy on behalf of William Gallo..(Portnoy, Lesley)
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Filing 28
NOTICE OF APPEARANCE by James Michael LoPiano on behalf of William Gallo..(LoPiano, James)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION to Appoint DREW BAHL to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Drew Bahl. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Cert., #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip)
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Filing 26
MOTION to Appoint DREW BAHL to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Drew Bahl. (Attachments: #1 Proposed Order).(Kim, Phillip)
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Filing 25
PROPOSED ORDER. Document filed by On Tsang. Related Document Number: #22 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 24
DECLARATION of David A. Rosenfeld in Support re: #22 MOTION to Appoint On Tsang to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by On Tsang. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Mr. Tsang's Declaration).(Rosenfeld, David)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint On Tsang to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by On Tsang..(Rosenfeld, David)
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Filing 22
MOTION to Appoint On Tsang to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by On Tsang..(Rosenfeld, David)
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Filing 21
PROPOSED ORDER. Document filed by Qi Mi. Related Document Number: #18 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 20
DECLARATION of Kim E. Miller in Support re: #18 MOTION to Appoint Qi Mi to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Qi Mi. (Attachments: #1 Exhibit A - PSLRA Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Statutory Notice, #4 Exhibit D - Mi Declaration, #5 Exhibit E - KSF Resume).(Miller, Kim)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Qi Mi to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Qi Mi..(Miller, Kim)
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Filing 18
MOTION to Appoint Qi Mi to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Qi Mi..(Miller, Kim)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Domestic Holdings, Inc., Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Morgan Stanley, Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley & Co. LLC. Document filed by Morgan Stanley & Co. LLC..(Rosenberg, Jonathan)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman Sachs (Asia) L.L.C.. Document filed by Goldman Sachs (Asia) L.L.C...(Rosenberg, Jonathan)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NB Holdings Corporation, Other Affiliate Bank of America Corporation, Other Affiliate Berkshire Hathaway Inc. for BofA Securities, Inc.. Document filed by BofA Securities, Inc...(Rudzin, Abby)
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Filing 14
NOTICE OF APPEARANCE by Abby Faith Rudzin on behalf of BofA Securities, Inc., Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC..(Rudzin, Abby)
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Filing 13
NOTICE OF APPEARANCE by Jonathan Rosenberg on behalf of BofA Securities, Inc., Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC..(Rosenberg, Jonathan)
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Filing 12
SUMMONS RETURNED EXECUTED. Cogency Global Inc. served on 10/14/2021, answer due 11/4/2021. Service was accepted by Jolita Quinadara, Service of Process Intake Clerk. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 11
SUMMONS RETURNED EXECUTED. Colleen A. De Vries served on 10/20/2021, answer due 11/10/2021. Service was accepted by Jacob J. Waldman, Attorney for Defendant. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 10
STIPULATION AND ORDER ADJOURNING DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT. IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and the Served Defendants, by and through their undersigned counsel, as follows: 1. The Served Defendants, and any Defendants that may be served with the complaint going forward, have no current obligation to respond to the complaint in this action. 2. No more than 14 days after lead counsel for plaintiff and lead plaintiff are chosen, lead counsel for plaintiff and counsel for the Served Defendants and any Defendants that may be served with the complaint going forward shall jointly submit to the Court a proposed schedule for the filing of a consolidated or amended complaint and for briefing of any motion to dismiss that consolidated or amended complaint. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/14/21) (yv)
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Filing 9
PROPOSED STIPULATION AND ORDER. Document filed by Cogency Global Inc., Colleen A. De Vries, Waterdrop Inc...(Carlinsky, Michael)
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Filing 8
SUMMONS RETURNED EXECUTED. Goldman Sachs (Asia) L.L.C. served on 9/23/2021, answer due 10/14/2021. Service was accepted by Daisy Montenegro, Service of Process Intake Clerk. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 7
SUMMONS RETURNED EXECUTED. Morgan Stanley & Co. LLC served on 9/23/2021, answer due 10/14/2021. Service was accepted by Daisy Montenegro, Service of Process Intake Clerk. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 6
SUMMONS RETURNED EXECUTED. Waterdrop Inc. served on 9/23/2021, answer due 10/14/2021. Service was accepted by Fidan Hasanbayli, Service of Process Intake Clerk. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 5
SUMMONS RETURNED EXECUTED. BofA Securities, Inc. served on 9/23/2021, answer due 10/14/2021. Service was accepted by Robin Huttbanks, Service of Process Intake Clerk. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to BofA Securities, Inc., CLSA Limited, China Merchants Securities (HK) Co., Limited, Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Haitong International Securities Company Limited, Yao Hu, Kai Huang, Morgan Stanley & Co. LLC, Peng Shen, Kangping Shi, Waterdrop Inc., Guang Yang, Haiyang Yu, Nina Zhou..(gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(gp)
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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. (gp)
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Case Designated ECF. (gp)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Waterdrop Inc., Peng Shen, Kangping Shi, Nina Zhou, Kai Huang, Haiyang Yu, Yao Hu, Guang Yang, Colleen A. De Vries, Cogency Global Inc., Goldman Sachs (Asia) L.L.C., Morgan Stanley & Co. LLC, BofA Securities, Inc., China Merchants Securities (HK) Co., Limited, CLSA Limited and Haitong International Securities Company Limited, re: #1 Complaint,. Document filed by Sidney Sandoz..(Rudman, Samuel)
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Filing 2
CIVIL COVER SHEET filed..(Rudman, Samuel)
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Filing 1
COMPLAINT against BofA Securities, Inc., CLSA Limited, China Merchants Securities (HK) Co., Limited, Cogency Global Inc., Colleen A. De Vries, Goldman Sachs (Asia) L.L.C., Haitong International Securities Company Limited, Yao Hu, Kai Huang, Morgan Stanley & Co. LLC, Peng Shen, Kangping Shi, Waterdrop Inc., Guang Yang, Haiyang Yu, Nina Zhou. (Filing Fee $ 402.00, Receipt Number ANYSDC-25061013)Document filed by Sidney Sandoz..(Rudman, Samuel)
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