S.G. et al v. Bank of China Ltd. et al
| S.G. and M.G. |
| Bank of China Ltd., Bank of China U.S.A., BOC International Holdings Ltd., BOCI Commodities & Futures (USA) LLC, CME Group Inc. and New York Mercantile Exchange, Inc. |
| 1:2023cv02866 |
| April 5, 2023 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Securities/Commodities |
| 7 U.S.C. § 25 Fraud - Commodities Leverage Contracts |
| Plaintiff |
Docket Report
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Filing 37
STIPULATION AND ORDER REGARDING DEFENDANTS CME GROUP INC. AND NEW YORK MERCANTILE EXCHANGE, INC.'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT: ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED THAT: 1. CME and NYMEX shall file their answer, motion to dismiss, or any other response to the Complaint and any response and/or opposition to the Pseudonym Motion no later than July 10, 2023. 2. If CME and NYMEX move to dismiss, Plaintiffs shall file their opposition brief to such motions to dismiss no later than September 8, 2023. If CME and NYMEX file a response and/or opposition to the Pseudonym Motion, Plaintiffs shall file their reply brief in support of the Pseudonym Motion, if any, no later than August 9, 2023. 3. CME and NYMEX shall file their reply briefs in support of their motions to dismiss, if any, no later than October 9, 2023. IT IS SO ORDERED. ( Replies due by 10/9/2023., Responses due by 9/8/2023) (Signed by Judge Lewis A. Kaplan on 6/2/2023) (ate)
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Filing 36
STIPULATION AND ORDER REGARDING DEFENDANTS CME GROUP INC. AND NEW YORK MERCANTILE EXCHANGE, INC.S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT, IT IS HEREBY STIPULATED AND AGREED THAT: 1. CME and NYMEX shall file their answer, motion to dismiss, or any other response to the Complaint and any response and/or opposition to the Pseudonym Motion no later than July 10, 2023. 2. If CME and NYMEX move to dismiss, Plaintiffs shall file their opposition brief to such motions to dismiss no later than September 8, 2023. If CME and NYMEX file a response and/or opposition to the Pseudonym Motion, Plaintiffs shall file their reply brief in support of the Pseudonym Motion, if any, no later than August 9, 2023. 3. CME and NYMEX shall file their reply briefs in support of their motions to dismiss, if any, no later than October 9, 2023. The entry into this stipulation by CME and NYMEX shall not constitute a waiver of any defense, argument or right. IT IS SO ORDERED. (CME Group Inc. answer due 7/10/2023; New York Mercantile Exchange, Inc. answer due 7/10/2023.)( Motions due by 7/10/2023., Replies due by 10/9/2023., Responses due by 9/8/2023) (Signed by Judge Lewis A. Kaplan on 6/2/23) (yv)
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Filing 35
PROPOSED STIPULATION AND ORDER. Document filed by CME Group Inc., New York Mercantile Exchange, Inc...(Brandt, Shari)
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Filing 34
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CME Group Inc. for New York Mercantile Exchange, Inc.. Document filed by New York Mercantile Exchange, Inc...(Brandt, Shari)
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Filing 33
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CME Group Inc...(Brandt, Shari)
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Filing 32
NOTICE OF APPEARANCE by Shari A. Brandt on behalf of CME Group Inc., New York Mercantile Exchange, Inc...(Brandt, Shari)
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Filing 31
NOTICE OF APPEARANCE by Matthew McPherson Balf Riccardi on behalf of CME Group Inc., New York Mercantile Exchange, Inc...(Riccardi, Matthew)
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Filing 30
STIPULATION AND ORDER REGARDING DEFENDANTS BANK OF CHINA U.S.A.S AND BOCI COMMODITIES & FUTURES (USA) LLC'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT, IT IS HEREBY STIPULATED AND AGREED THAT: 1. Defendants Bank of China U.S.A. and BOCI Commodities & Futures (USA) LLC shall accept service of the Complaint through their undersigned counsel. 2. Bank of China U.S.A. and BOCI Commodities & Futures (USA) LLC shall file their answer, motion to dismiss, or any other response to the Complaint and any response and/or opposition to the Pseudonym Motion no later than July 10, 2023. 3. If Bank of China U.S.A. or BOCI Commodities & Futures (USA) LLC move to dismiss, Plaintiffs shall file their opposition brief to such motions to dismiss no later than September 8, 2023. If Bank of China U.S.A. or BOCI Commodities & Futures (USA) LLC file a response and/or opposition to the Pseudonym Motion, Plaintiffs shall file their reply brief in support of the Pseudonym Motion, if any, no later than August 9, 2023. 4. Bank of China U.S.A. and BOCI Commodities & Futures (USA) LLC shall file their reply briefs in support of their motions to dismiss, if any, no later than October 9, 2023 5. Plaintiffs, Bank of China U.S.A., and BOCI Commodities & Futures (USA) LLC may agree to further modify the above schedule, subject to the Court's approval. 6. Neither the acceptance of service nor the entry into this stipulation by Bank of China U.S.A. and BOCI Commodities & Futures (USA) LLC shall constitute a waiver of any other defense, argument or right, including, but not limited to, any defenses of lack of personal jurisdiction or improper venue. For the avoidance of doubt, the acceptances of service under this stipulation are limited to Bank of China U.S.A. and BOCI Commodities & Futures (USA) LLC, and this stipulation shall not apply to any other defendants named in the Complaint or have any effect on Plaintiffs' obligation to effectuate service as to any such defendants, including, but not limited to, Bank of China Ltd. or BOC International Holdings, Ltd. IT IS SO ORDERED. ( Replies due by 10/9/2023., Responses due by 9/8/2023) (Signed by Judge Lewis A. Kaplan on 5/19/23) (yv)
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Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by BOCI Commodities & Futures (USA) LLC, Bank of China U.S.A...(Weinstein, Brian)
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent China Investment Corporation, Other Affiliate Central Huijin Investment Limited for Bank of China U.S.A.. Document filed by Bank of China U.S.A...(Weinstein, Brian)
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Filing 27
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent China Investment Corporation, Other Affiliate Central Huijin Investment Limited, Other Affiliate Bank of China Ltd., Other Affiliate BOC International Holdings Ltd. for BOCI Commodities & Futures (USA) LLC. Document filed by BOCI Commodities & Futures (USA) LLC..(Weinstein, Brian)
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Filing 26
NOTICE OF APPEARANCE by Brian Stryker Weinstein on behalf of BOCI Commodities & Futures (USA) LLC, Bank of China U.S.A...(Weinstein, Brian)
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Filing 25
NOTICE OF APPEARANCE by James Irving McClammy on behalf of BOCI Commodities & Futures (USA) LLC, Bank of China U.S.A...(McClammy, James)
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Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. New York Mercantile Exchange, Inc. waiver sent on 4/11/2023, answer due 6/12/2023. Document filed by M.G.; S.G...(Cai, Wenjie)
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Filing 23
WAIVER OF SERVICE RETURNED EXECUTED. CME Group Inc. waiver sent on 4/11/2023, answer due 6/12/2023. Document filed by M.G.; S.G...(Cai, Wenjie)
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Filing 22
AFFIDAVIT OF SERVICE of Summons and Complaint,. BOCI Commodities & Futures (USA) LLC served on 4/17/2023, answer due 5/8/2023. Service was accepted by H Hutchinson (Receptionist). Document filed by M.G.; S.G...(Cai, Wenjie)
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Filing 21
AFFIDAVIT OF SERVICE of Summons and Complaint,. Bank of China U.S.A. served on 4/17/2023, answer due 5/8/2023. Service was accepted by H Hutchinson (Receptionist). Document filed by M.G.; S.G...(Cai, Wenjie)
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Filing 20
LETTER from Elizabeth Curtis dated 8/18/23 re: Elizabeth Curtis, property manager at 7 Bryant Park(a commercial office building located at 1045 Avenue of the Americas), writes in regard to Case No. 23-cv-2866 etc. The Defendants were at one time a commercial office tenant at 7 Bryant Park, but they have not been a tenant of 7 Bryant Park since April 2021. I am notifying this Court that I have nothing to do with the parties involved in Case #23-cv-2866; and that the papers were incorrectly served.(sc) Modified on 4/19/2023 (sc).
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Filing 19
ELECTRONIC SUMMONS ISSUED as to CME Group Inc.. (vf)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to New York Mercantile Exchange, Inc.. (vf)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to BOCI Commodities & Futures (USA) LLC. (vf)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Bank of China U.S.A.. (vf)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to CME Group Inc., re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to New York Mercantile Exchange, Inc., re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to BOCI Commodities & Futures (USA) LLC, re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Bank of China U.S.A., re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 11
NOTICE OF APPEARANCE by Wenjie Cai on behalf of M.G., S.G...(Cai, Wenjie)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to BOC International Holdings Ltd...(pc)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Bank of China Ltd...(pc)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to BOC International Holdings Ltd., re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Bank of China Ltd., re: #1 Complaint,. Document filed by M.G., S.G...(Cai, Wenjie)
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Filing 6
DECLARATION of John Y. Tang in Support re: #4 MOTION To proceed under pseudonyms Notice of Motion.. Document filed by M.G., S.G...(Tang, John)
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Filing 5
MEMORANDUM OF LAW in Support re: #4 MOTION To proceed under pseudonyms Notice of Motion. . Document filed by M.G., S.G...(Tang, John)
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Filing 4
MOTION To proceed under pseudonyms Notice of Motion. Document filed by M.G., S.G.. (Attachments: #1 Text of Proposed Order Proposed Order).(Tang, John)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Yong Tang. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Nassau;. (jgo)
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Magistrate Judge Jennifer Willis 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. (jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Tang to RE-FILE Document #3 MOTION To proceed under pseudonyms Notice of Motion.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Use Memorandum of Law in Support of Motion and Declaration in Support of Motion found under the Event List. Only the Proposed Order and/or a Certificate of Service can be attached to the Motion. (kj)
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Filing 3
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION To proceed under pseudonyms Notice of Motion. Document filed by M.G., S.G.. (Attachments: #1 Supplement Memorandum of Law in Support, #2 Affidavit Declaration of John Tang in Support, #3 Text of Proposed Order Proposed Order).(Tang, John) Modified on 4/6/2023 (kj).
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Filing 2
CIVIL COVER SHEET filed..(Tang, John)
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Filing 1
COMPLAINT against BOC International Holdings Ltd., BOCI Commodities & Futures (USA) LLC, Bank of China Ltd., Bank of China U.S.A., CME Group Inc., New York Mercantile Exchange, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27569863)Document filed by M.G., S.G...(Tang, John)
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