Lavale Burns v. UP Fintech Holding Limited et al
| Lavale Burns |
| UP Fintech Holding Limited, Tianhua Wu and John Fei Zeng |
| Ang Xiangwei Darren, Ryann Jiin Yuan Lai, Christopher L. Dudleck, Joon Sau Lee, David W. Taylor, Xu Haojie and Wong Haping |
| 1:2024cv01632 |
| March 4, 2024 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Robyn F Tarnofsky |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 73 FIRST AMENDED COMPLAINT amending #1 Complaint - Miscellaneous, against UP Fintech Holding Limited, Tianhua Wu, John Fei Zeng with JURY DEMAND.Document filed by David W. Taylor. Related document: #1 Complaint - Miscellaneous,. (Attachments: #1 Exhibit - Redline Comparison).(Sams, Ex Kanos) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ex Kanos S Sams to RE-FILE Document No. #72 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the filer was not listed on the PDF case caption. 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. (jgo) |
| Filing 72 FILING ERROR DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT against UP Fintech Holding Limited, Tianhua Wu, John Fei Zeng with JURY DEMAND.Document filed by David W. Taylor. (Attachments: #1 Exhibit - Redline Comparison).(Sams, Ex Kanos) Modified on 5/1/2024 (jgo). |
Filing 71
MEMO ENDORSEMENT on re: #70 Letter, filed by UP Fintech Holding Limited, ENDORSEMENT The parties' request regarding the motion to dismiss briefing schedule is GRANTED. The initial case management conference scheduled for April 11, 2024 and all related deadlines are adjourned sine die. SO ORDERED. (Amended Pleadings due by 4/30/2024., Motions due by 7/12/2024., Responses due by 9/10/2024, Replies due by 10/25/2024.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/19/2024) (jca) Modified on 4/4/2024 (jca).
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| Filing 70 LETTER addressed to Judge Jessica G. L. Clarke from Mari Byrne dated March 14, 2024 re: [Proposed] Deadlines for Lead Plaintiff's Filing of an Amended Complaint and UP Fintech's Response. Document filed by UP Fintech Holding Limited..(Byrne, Mari) |
| Filing 69 NOTICE OF APPEARANCE by Mari Byrne on behalf of UP Fintech Holding Limited..(Byrne, Mari) |
| Filing 68 NOTICE OF APPEARANCE by Jonathan K Chang on behalf of UP Fintech Holding Limited..(Chang, Jonathan) |
| Filing 67 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of UP Fintech Holding Limited..(Polubinski, Edmund) |
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Filing 66
ORDER GRANTING MOTION OF EX KANO S. SAMS II FOR ADMISSION PRO HAC VICE granting #65 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice. The motion of Ex Kano S. Sams II for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/12/2024) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29057429. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 65 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29057429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David W. Taylor. (Attachments: #1 Affidavit of Ex Kano S. Sams II, #2 Supplement - Certificate of Good Standing, #3 Proposed Order Proposed Order).(Sams, Ex Kanos) |
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Filing 64
ORDER By Order of Reference dated March 5, 2024 (ECF 63), Judge Jessica G. L. Clarke referred this case to Magistrate Judge Gary Stein for general pretrial supervision. On March 6, 2024, that referral was reassigned to me. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code: 372 555 961#. (And as further set forth herein.) SO ORDERED. (Initial Conference set for 4/11/2024 at 11:30 AM before Magistrate Judge Robyn F. Tarnofsky.), UP Fintech Holding Limited answer due 4/8/2024; Tianhua Wu answer due 4/8/2024; John Fei Zeng answer due 4/8/2024. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/8/2024) (jca)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Gary Stein no longer referred to the case. (nb) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robyn F. Tarnofsky to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (nb) |
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Filing 63
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gary Stein. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 3/5/2024) (jca)
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| Filing 62 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:23-cv-04842. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jessica G. L. Clarke. 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..(vba) |
| 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. (vba) |
| Case Designated ECF. (vba) |
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Filing 61
ORDER RE STIPULATION TO TRANSFER, #60 , [JS-6] by Judge Consuelo B. Marshall: The Stipulation to transfer is GRANTED. Pursuant to 28 U.S.C. 1404(a),the Court DIRECTS the Clerk to transfer this Action, in its entirety, to the United States District Court for the Southern District of New York. IT IS SO ORDERED. (MD JS-6. Case Terminated.) (shb) [Transferred from California Central on 3/4/2024.]
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| Filing 60 STIPULATION to Transfer Case to S.D.N.Y. filed by Defendant UP Fintech Holding Limited. (Attachments: #1 Proposed Order)(Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 59 Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth P. Dolitsky counsel for Movant Christopher L. Dudleck. Kenneth P. Dolitsky will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Kenneth P. Dolitsky is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by lead plaintiff movants Christopher L. Dudleck and Joon Sau Lee. (Dolitsky, Kenneth) [Transferred from California Central on 3/4/2024.] |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Juan Carlos Sanchez counsel for Movants Christopher L. Dudleck, Joon Sau Lee. Juan Carlos Sanchez will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Juan Carlos Sanchez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by lead plaintiff movants Christopher L. Dudleck and Joon Sau Lee. (Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Danielle S. Myers counsel for Movant Christopher L. Dudleck. Danielle S. Myers will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Danielle S. Myers is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by lead plaintiff movants Christopher L. Dudleck and Joon Sau Lee. (Myers, Danielle) [Transferred from California Central on 3/4/2024.] |
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Filing 56
ORDER RE: MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL #23 #25 #33 #38 by Judge Consuelo B. Marshall, the Court: (1) GRANTS David W. Taylor's Motion for Appointment as Lead Plaintiff and Approval of Glancy, Prongay and Murray LLP as Lead Counsel; (2) DENIES Xu Haojie and Wong Haping's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel Pomerantz LLC; (3) DENIES Xiangwei Darren's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel; and (4) DENIES Ryann Jiin Yuan Lai's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel. (jp) [Transferred from California Central on 3/4/2024.]
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| Filing 55 HEARING RE: MOTION FOR APPOINT AS LEAD PLAINTIFF & APPROVAL OF SELECTION OF COUNSEL #23 ; MOTION OF RYAN J. YUAN LAI FOR APPOINTMENT #25 ; MOTION OF DAVID W. TAYLOR FOR APPOINTMENT OF COUNSEL #33 AND MOTION OF HAOJIE & HAPING FOR APPOINTMENT AS CO-LEAD PLAINTIFFS & APPROVAL OF COUNSEL #38 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Hearings re motions are held. Following oral argument, the Court advises counsel that these motions are taken under submission and awritten order will issue. IT IS SO ORDERED. Court Reporter: Miranda Algorri. (shb) [Transferred from California Central on 3/4/2024.] |
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Filing 54
ORDER by Judge Consuelo B. Marshall: GRANTING #52 Non-Resident Attorney Alexander J. Hood, II APPLICATION to Appear Pro Hac Vice on behalf of Movants Xu Haojie, and Wong Haping, designating Jennifer Pafiti as local counsel. (shb) [Transferred from California Central on 3/4/2024.]
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Filing 53
IN CHAMBERS - ORDER RE: MOVANTS XU HAOJIE AND WONG HAPING'S MOTION FOR LEAVE TO FILE SUR-REPLY, #51 by Judge Consuelo B. Marshall: The Motion is DENIED. IT IS SO ORDERED. (shb) [Transferred from California Central on 3/4/2024.]
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| Filing 52 APPLICATION of Non-Resident Attorney J. Alexander Hood II to Appear Pro Hac Vice on behalf of Movants Xu Haojie, Wong Haping (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36014888) filed by Lead Plaintiff Movants Xu Haojie, Wong Haping. (Attachments: #1 Supplement Certificates of Good Standing, #2 Proposed Order Proposed Order) (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 51 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply filed by Movants Xu Haojie, Wong Haping. Motion set for hearing on 9/20/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Proposed Order) (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
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Filing 50
IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Court's own motion, the following motions: Motion of Ang Xiangwei Darren for appoint as lead plaintiff and approval of selection of counsel [23); Motion of Ryann Jiin Yuan Lai for appointment of counsel (25); Motion of David W. Taylor for appointment of counsel (33) and Motion of Xu Haojie and Wong Haping for appointment as co-lead plaintiffs and approval of counsel #38 , currently scheduled for September 19, 2023, are hereby ordered continued to SEPTEMBER 20, 2023 at 10:00 a.111. Counsel for the parties are ordered to appear in person in Courtroom 8D. IT IS SO ORDERED. (shb) [Transferred from California Central on 3/4/2024.]
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| Filing 49 REPLY in Further Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 Reply Memorandum of Points and Authorities in Further Support of Motion of Xu Haojie and Wong Haping for Appointment as Co-Lead Plaintiffs and Approval of Counsel filed by Movants Xu Haojie, Wong Haping. (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 48 REPLY In Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #33 filed by Movant David W. Taylor. (Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 47 REPLY Memorandum of Points and Authorities NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #23 filed by Movant Ang Xiangwei Darren. (Attachments: #1 Declaration of Adam M. Apton, #2 Exhibit A- Amended Certification, #3 Exhibit B- Amended Loss Chart, #4 Exhibit C- Supplemental Declaration)(Apton, Adam) [Transferred from California Central on 3/4/2024.] |
| Filing 46 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 and in Opposition to Competing Motions filed by Movants Xu Haojie, Wong Haping. (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 45 Notice of Withdrawal of Motion for Appointment of Counsel, #30 filed by lead plaintiff movants Christopher L. Dudleck, Joon Sau Lee. (Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #30 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #25 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #33 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 filed by Movant Ang Xiangwei Darren. (Apton, Adam) [Transferred from California Central on 3/4/2024.] |
| Filing 43 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #30 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #25 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #23 filed by Movant David W. Taylor. (Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 42 Notice filed by Movant Ryann Jiin Yuan Lai. NOTICE OF NON-OPPOSITION OF RYANN JIIN YUAN LAI TO COMPETING LEAD PLAINTIFF MOTIONS (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 41 CERTIFICATE of Interested Parties filed by Movants Xu Haojie, Wong Haping, (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 40 DECLARATION of Jennifer Pafiti In Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 filed by Movants Xu Haojie, Wong Haping. (Attachments: #1 Exhibit A - Damages Analysis, #2 Exhibit B - PSLRA Notice, #3 Exhibit C - Certifications, #4 Exhibit D - Joint Movant Declaration, #5 Exhibit E - Firm Resume)(Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 39 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs #38 filed by Movants Xu Haojie, Wong Haping. (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 38 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiffs filed by Movants Xu Haojie, Wong Haping. Motion set for hearing on 9/19/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Attorney Jennifer Pafiti added to party Xu Haojie(pty:mov), Attorney Jennifer Pafiti added to party Wong Haping(pty:mov)) (Pafiti, Jennifer) [Transferred from California Central on 3/4/2024.] |
| Filing 37 NOTICE of Interested Parties filed by Movant David W. Taylor, (Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 36 DECLARATION of Charles H. Linehan In Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #33 filed by Movant David W. Taylor. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume)(Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 35 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #33 filed by Movant David W. Taylor. (Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 34 CERTIFICATE of Interested Parties filed by lead plaintiff movants Christopher L. Dudleck, Joon Sau Lee, (Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 33 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Movant David W. Taylor. Motion set for hearing on 9/19/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Attorney Charles Henry Linehan added to party David W. Taylor(pty:mov)) (Linehan, Charles) [Transferred from California Central on 3/4/2024.] |
| Filing 32 DECLARATION of Juan Carlos Sanchez in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #30 filed by Movants Christopher L. Dudleck, Joon Sau Lee. (Attachments: #1 Exhibit A - PSLRA notice, #2 Exhibit B - Certifications, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Joint Declaration)(Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 31 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #30 filed by Movants Christopher L. Dudleck, Joon Sau Lee. (Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 30 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by lead plaintiff movants Christopher L. Dudleck, Joon Sau Lee. Motion set for hearing on 9/19/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Juan Carlos Sanchez counsel for Movants Christopher L. Dudleck, Joon Sau Lee. Adding Juan Carlos Sanchez as counsel of record for Christopher L. Dudleck and Joon Sau Lee for the reason indicated in the G-123 Notice. Filed by lead plaintiff movants Christopher L. Dudleck and Joon Sau Lee. (Attorney Juan Carlos Sanchez added to party Christopher L. Dudleck(pty:mov), Attorney Juan Carlos Sanchez added to party Joon Sau Lee(pty:mov))(Sanchez, Juan) [Transferred from California Central on 3/4/2024.] |
| Filing 28 Certification and NOTICE of Interested Parties filed by Movant Ryann Jiin Yuan Lai, (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 27 DECLARATION of Laurence M. Rosen in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #25 filed by Movant Ryann Jiin Yuan Lai. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Rosen Law Firm Resume)(Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 26 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #25 filed by Movant Ryann Jiin Yuan Lai. (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 25 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Ryann Jiin Yuan Lai. Motion set for hearing on 9/19/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Attorney Laurence M. Rosen added to party Ryann Jiin Yuan Lai(pty:mov)) (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 24 CERTIFICATE of Interested Parties filed by Movant Ang Xiangwei Darren, (Apton, Adam) [Transferred from California Central on 3/4/2024.] |
| Filing 23 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Ang Xiangwei Darren. Motion set for hearing on 9/19/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Memorandum, #2 Declaration of Adam M. Apton, #3 Exhibit A- PSLRA Certification, #4 Exhibit B- Loss Chart, #5 Exhibit C- PSLRA Notice, #6 Exhibit D- Movant Declaration, #7 Exhibit E- Firm Resume, #8 Proposed Order) (Attorney Adam Marc Apton added to party Ang Xiangwei Darren(pty:mov)) (Apton, Adam) [Transferred from California Central on 3/4/2024.] |
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Filing 22
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #19 by Judge Consuelo B. Marshall: The Court, having considered the Stipulation to Extend Time To Respond to Complaint, hereby ORDERS: 1. The Defendants shall have no obligation to answer or otherwise respond to, and each hereby is expressly relieved from answering or otherwise responding to, the Complaint, subject to the provisions of paragraph 2 below. 2. Promptly after entry of the Order in the above-captioned action, counsel for Defendants and Court-appointed lead counsel shall meet and confer regarding a schedule for (i) the filing of an operative complaint, (ii) any motion to transfer; (iii) any answer, motion to dismiss, or other response thereto, and (iv) any subsequent briefing. Within fourteen (14) days after entry of the Order, the court-appointed lead plaintiff(s) and Defendants shall endeavor to jointly submit a proposed schedule to the Court. 3. Subject to the Court's approval, the scheduling of an initial pretrial conference pursuant to Fed. R. Civ. P. 16(b), the parties' obligations to serve initial disclosures pursuant to Fed. R. Civ. P. 26(a), and the parties' obligations to confer regarding case management and the development of a discovery plan and to submit a written report to the Court pursuant to Fed. R. Civ. P. 26(f), and any associated deadlines, shall be stayed pending the resolution of any motions to dismiss the designated operative complaint contemplated by paragraph 2 above. IT IS SO ORDERED. (shb) Modified on 7/13/2023 (shb). [Transferred from California Central on 3/4/2024.]
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Filing 21
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (See Order for details) (ys) [Transferred from California Central on 3/4/2024.]
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| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #17 , Notice of Appearance #13 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from California Central on 3/4/2024.] |
| Filing 19 Corrected STIPULATION for Extension of Time to File Response to Complaint filed by Defendant UP Fintech Holding Limited UP Fintech Holding Limited. (Attachments: #1 Proposed Order)(Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 18 NOTICE OF ERRATA filed by Defendant UP Fintech Holding Limited. correcting Stipulation for Extension of Time to File #16 (Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 17 NOTICE of Appearance filed by attorney Vincent Barredo on behalf of Defendant UP Fintech Holding Limited (Attorney Vincent Barredo added to party UP Fintech Holding Limited(pty:dft))(Barredo, Vincent) [Transferred from California Central on 3/4/2024.] |
| Filing 16 STIPULATION for Extension of Time to File Response to Complaint filed by Defendant UP Fintech Holding Limited UP Fintech Holding Limited. (Attachments: #1 Proposed Order)(Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 15 Notice of Interested Parties and CERTIFICATE of Interested Parties filed by Defendant UP Fintech Holding Limited UP Fintech Holding Limited, (Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant UP Fintech Holding Limited (Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 13 NOTICE of Appearance filed by attorney Neal Alan Potischman on behalf of Defendant UP Fintech Holding Limited (Attorney Neal Alan Potischman added to party UP Fintech Holding Limited(pty:dft))(Potischman, Neal) [Transferred from California Central on 3/4/2024.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Lavale Burns, upon Defendant UP Fintech Holding Limited served on 6/22/2023, answer due 7/13/2023. Service of the Summons and Complaint were executed upon UP FINTECH HOLDING LIMITED in compliance with Federal Rules of Civil Procedure by personal service (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Consuelo B. Marshall for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-04842 CBM(BFMx). (rn) [Transferred from California Central on 3/4/2024.]
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Tianhua Wu, John Fei Zeng. (lh) [Transferred from California Central on 3/4/2024.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant UP Fintech Holding Limited. (lh) [Transferred from California Central on 3/4/2024.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from California Central on 3/4/2024.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 3/4/2024.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Brianna Fuller Mircheff. (lh) [Transferred from California Central on 3/4/2024.] |
| Filing 5 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Lavale Burns, (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lavale Burns. (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lavale Burns. (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Lavale Burns. (Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-35518367 - Fee: $402, filed by plaintiff Lavale Burns. (Attachments: #1 Exhibit PSLRA Certification) (Attorney Laurence M. Rosen added to party Lavale Burns(pty:pla))(Rosen, Laurence) [Transferred from California Central on 3/4/2024.] |
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