Wang v. Essence International Financial Holdings Limited
| Xin Wang |
| Essence International Financial Holdings Limited and SDIC Securities International Financial Holdings Limited |
| 1:2024cv08204 |
| October 25, 2024 |
| U.S. District Court for the Southern District of New York |
| Valerie E Caproni |
| Henry J Ricardo |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 LETTER addressed to Magistrate Judge Henry J. Ricardo from Xin Wang dated 12/18/2024 re: I am the Pro Se Plaintiff writing regarding your honor's order dated November 25, 2024 (ECF No. 11). Upon receiving the order, I immediately filed an amended complaint on the same date (ECF No. 12) to address the deficiency outlined in the order. If the Court finds that my Amended Complaint does not sufficiently cure the deficiency, I respectfully request leave to amend further rather than dismissal of the Complaint, as the original filing was made within days of the statute of limitations deadline. Document filed by Xin Wang.(km) |
| Filing 15 CLERK CERTIFICATE OF MAILING of one copy of the summons and one copy of the complaint mailed to Essence International Financial Holdings Limited 39/F, One Exchange Square, Central Hong Kong on 12/10/2024 by DHL tracking # 1400614832, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (ras) |
Filing 14
ORDER: By Letter dated November 22, 2024, Plaintiff Xin Wang requested that the Court serve the Summons and Complaint. ECF No. 13. The Court construes this letter as a Motion for an Order of Service. Plaintiff's Motion for an Order of Service is DENIED. Plaintiffs who have been granted permission to proceed in forma pauperis(IFP) are entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. 1915(d) (The officers of the court shall issue and serve all process... in [IFP]cases.); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). Plaintiff is not proceeding IFP in this case and is therefore not entitled to rely on the Court and the U.S. Marshals Service to effect service. For plaintiffs not proceeding IFP, upon plaintiff's request the court has discretion to order that service be made by the U.S. Marshals Service or other appointed person. Fed. R. Civ. P. 4(c)(3). The Court declines to order service in this case and further set forth in this Order. (Signed by Magistrate Judge Henry J Ricardo on 12/9/2024) (rro) Modified on 12/12/2024 (kgo).
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| Filing 13 LETTER addressed to Clerk of Court from Xin Wang dated 11/22/2024 re: LETTER OF REQUEST. Document filed by Xin Wang. (jjc) Modified on 12/6/2024 (rdz). |
| Filing 12 AMENDED COMPLAINT amending #1 Complaint against Essence International Financial Holdings Limited with JURY DEMAND.Document filed by Xin Wang. Related document: #1 Complaint. (ar) |
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Filing 11
ORDER: The Court sua sponte extends Plaintiffs' deadline to file an amended complaint that cures the deficiencies of the Complain t to December 18, 2024.Plaintiff is advise d that failure to file an amended complaint by the above date will result in a Report and Recommendation that the Complaint be dismissed without prejudice.The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se litigant. ( Amended Pleadings due by 12/18/2024.) (Signed by Magistrate Judge Henry J Ricardo on 11/25/2024) (sgz)
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Filing 10
ORDER: By separate Order being entered today, this case is being referred to the assignedMagistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/22/2024) (tg)
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Filing 9
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Henry J Ricardo. (Signed by Judge Valerie E. Caproni on 11/22/2024) (mml)
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| Filing 8 LETTER addressed to Judge Valerie E. Caproni dated 11/20/24 re: Out of an abundance of caution, I submit this response to the Order (Docket No: 7). Document filed by Xin Wang.(jbo) |
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Filing 7
ORDER: IT IS HEREBY ORDERED that by not later than Wednesday, November 20, 2024, Plaintiff must file an amended complaint that cures the deficiencies identified above. Plaintiff must also either (1) file a request for the issuance of summons that includes Defendants address, or (2) include Defendant's address in the amended complaint so that the Court may issue an order directing the Clerk of Court to issue the summons. Failure to do so will result in dismissal of the Complaint without prejudice. SO ORDERED. ( Amended Pleadings due by 11/20/2024.) (Signed by Judge Valerie E. Caproni on 11/12/2024) (tg)
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| Filing 6 SUMMONS ISSUED as to Essence International Financial Holdings Limited..(nb) |
| Magistrate Judge Henry J. Ricardo 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Pro Se Payment of Fee Processed: $405.00 Money Order processed by the Finance Department on 11/07/2024, Receipt Number 34380. (ss) |
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Filing 5
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/6/2024. In Forma Pauperis (IFP) Application due by 12/6/2024. (Signed by Judge Laura Taylor Swain on 11/6/2024) (Attachments: #1 Supplement IFP application) (scn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(kgo) |
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Filing 4
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (tro)
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| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(tro) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Xin Wang consents to receive electronic service via the ECF system. Document filed by Xin Wang.(tro) |
| Filing 2 CIVIL COVER SHEET filed. (tro) |
| Filing 1 COMPLAINT against Essence International Financial Holdings Limited. Document filed by Xin Wang.(tro) |
| Case Designated ECF. (tro) |
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