Case Details

CourtCentral District of California
Docket number2:11-cv-09495
Date case filed2011-11-15
Date case closed2013-08-26
Date of latest filing
Assigned toJudge Philip S. Gutierrez
Case cause28:1331 Fed. Question
Nature of suit890 Other Statutory Actions
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Peter Cheung
Party type: Plaintiff
Individually and on Behalf of all Others Similarly Situated
TERMINATED: 05/29/2012
Attorney name: Jonathan R Horne
Attorney Contact:
The Rosen Law Firm PA
275 Madison Avenue 34th Floor
New York, NY 10016
212-686-1060
Fax: 212-202-3827
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Laurence M Rosen
Attorney Contact:
The Rosen Law Firm PA
355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
(213) 785-2610
Fax: (213) 226-4684
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Neil Vanleeuwen
Party type: Plaintiff
individually and on behalf of all others similarly situtated
Attorney name: Laurence M Rosen
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Rodney Omanoff
Party type: Plaintiff
individually and on behalf of all others similarly situated
Attorney name: Laurence M Rosen
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Keyuan Petrochemicals Inc
Party type: Defendant
Attorney name: Robert David Weber
Attorney Contact:
DLA Piper US LLP
North Tower
2000 Avenue of the Stars Suite 400
Los Angeles, CA 90067-4704
310-595-3000
Fax: 310-595-3309
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ho-El Park
Attorney Contact:
Ho-El Park Law Offices
333 City Boulevard West Suite 1700
Orange, CA 92868
714-523-2466
Fax: 714-503-0788
Email: [email protected]
TERMINATED: 04/26/2012 ATTORNEY TO BE NOTICED
Party: Chunfeng Tao
Party type: Defendant
Attorney name: Ho-El Park
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Mark David Hunter
Attorney Contact:
Hunter Taubman Fischer and Li LLC
255 University Drive
Coral Gables, FL 33134
305-629-8816
Fax: 305-629-8877
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Aichun Li
Party type: Defendant
Attorney name: Howard M Privette
Attorney Contact:
Greenberg Gross LLP
650 Town Center Drive
Suite 1750
Costa Mesa, CA 92626
949-383-2800
Fax: 949-383-2801
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Weifeng Xue
Party type: Defendant
Party: Delight Reward Limited
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-11-15 COMPLAINT CLASS ACTION against Defendants Delight Reward Limited, Keyuan Petrochemicals Inc, Aichun Li, Chunfeng Tao, Weifeng Xue. Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiff Peter Cheung.(ghap) (Additional attachment(s) added on 12/12/2011: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 11/16/2011)
1.1 Ntc of Asgmt
1.2 Summons
1.3 Civil Cover Sheet
22011-11-15 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Peter Cheung. (ghap) (mg). (Entered: 11/16/2011)
32011-11-16 STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir) (Entered: 11/17/2011)
42011-11-28 PROOF OF SERVICE Executed by Plaintiff Keyuan Petrochemicals Inc, upon Defendant Keyuan Petrochemicals Inc served on 11/21/2011, answer due 12/12/2011. Service of the Summons and Complaint were executed upon Charlene Cadot, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. and service of standing order (Rosen, Laurence) (Entered: 11/28/2011)
52012-01-17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and appointment of Vanleeuwen Lead Plaintiff filed by Plaintiff Peter Cheung. Motion set for hearing on 2/27/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 01/17/2012)
62012-01-17 MEMORANDUM in Support of MOTION for Appointment of Counsel and appointment of Vanleeuwen Lead Plaintiff 5 filed by Plaintiff Peter Cheung. (Rosen, Laurence) (Entered: 01/17/2012)
72012-01-17 DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel and appointment of Vanleeuwen Lead Plaintiff 5 filed by Plaintiff Peter Cheung. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 01/17/2012)
82012-01-18 First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc filed by Plaintiff Peter Cheung. (Rosen, Laurence) ** *** DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1-26-2012, DOC #21*** Modified on 1/27/2012 (lw). (Entered: 01/18/2012)
92012-01-18 DECLARATION of Laurence Rosen In support of First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc 8 filed by Plaintiff Peter Cheung. (Attachments: # 1 Exhibit Exhibit A)(Rosen, Laurence)*** DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1-26-2012, DOC #21*** Modified on 1/27/2012 (lw). (Entered: 01/18/2012)
102012-01-18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Appointment 5 , Memorandum 6 , Declaration 7 . The following error(s) was found: Hearing information is missing, incorrect, or not timely.Other error(s) with document(s) are specified below. Other error(s) with document(s): Hearing is noticed for a date and time that is closed on the court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 01/18/2012)
112012-01-19 NOTICE OF MOTION AND MOTION for Appointment of Counsel AMENDED NOTICE OF MOTION AND MOTION OF NEIL VANLEEUWEN FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF CHOICE OF COUNSEL; RE-NOTICING HEARING DATE filed by Plaintiff Peter Cheung. Motion set for hearing on 3/26/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Rosen, Laurence) **STRICKEN PURSUANT TO ORDER filed 1/20/12**Modified on 1/23/2012 (ir). (Entered: 01/19/2012)
122012-01-19 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Appointment of Lead Plaintiff 5 , Memorandum in support of Motion 6 , and Declaration of Laurence Rosen in support of Motion for Appointment of Counsel 7 , for the following reasons: Hearing information is incorrect. Hearing date closed. see Court's web site. (jp) (Entered: 01/19/2012)
132012-01-20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Enter Default 8 , Declaration 9 . The following error(s) was found: Document submitted in the wrong case. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 01/20/2012)
142012-01-20 NOTICE OF MOTION AND MOTION for Appointment of Counsel and lead plaintiff filed by plaintiff Peter Cheung. Motion set for hearing on 4/2/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 01/20/2012)
152012-01-20 MEMORANDUM in Support of MOTION for Appointment of Counsel and lead plaintiff 14 filed by Plaintiff Peter Cheung. (Rosen, Laurence) (Entered: 01/20/2012)
162012-01-20 DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel and lead plaintiff 14 filed by Plaintiff Peter Cheung. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 01/20/2012)
172012-01-20 First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc filed by Plaintiff Peter Cheung. (Rosen, Laurence) (Entered: 01/20/2012)
182012-01-20 DECLARATION of Laurence M. Rosen In support of First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc 17 filed by Plaintiff Peter Cheung. (Attachments: # 1 Exhibit A)(Rosen, Laurence) (Entered: 01/20/2012)
192012-01-20 ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: AMENDED MOTION FOR APPOINTMENT AS LEAD PLAINTIFF 11 , for the following reasons: Hearing information is incorrect. Document 11 is actually an Amended Notice re-noticing a Motion stricken on 1/19/12. (ir) (Entered: 01/23/2012)
202012-01-23 NOTICE OF DEFICIENCY Re: First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc 17 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: does not indicate manner of service (state or federal statute). Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (bm) (Entered: 01/23/2012)
212012-01-26 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First REQUEST for Clerk to Enter Default against Defendant Keyuan Petrochemicals Inc 8 , Declaration (Motion related) 9 , for the following reasons: Document submitted in the wrong case. Incorrect document is attached to the docket entry. Documents belong to Judge Gee. (lw) (Entered: 01/27/2012)
222012-01-27 First NOTICE of Appearance filed by attorney Ho-El Park on behalf of Defendant Keyuan Petrochemicals Inc (Park, Ho-El) (Entered: 01/27/2012)
232012-01-30 First STIPULATION for Extension of Time to File Response filed by Defendant Keyuan Petrochemicals Inc. (Attachments: # 1 Proposed Order)(Park, Ho-El) (Entered: 01/30/2012)
242012-02-01 ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT re Stipulation for Extension of Time to File Response/Reply 23 , by Judge Philip S. Gutierrez: This Court, having reviewed and considered the Stipulation Extending Time to Respond to the Complaint, filed by Plaintiff PETER CHEUNG ("Plaintiff") and Defendant KEYUAN PETROCHEMICALS, INC. (Keyuan), hereby ORDERS as follows: 1. Keyuan is not required to respond to the complaint in this action or any complaint in an action consolidated into this action, until after the appointment of a Lead Plaintiff and the hiring of Lead Plaintiffs counsel. 2. If the appointed Lead Plaintiff elects to file an Amended Complaint, such Amended Complaint shall be filed no later than 60 days following entry of the order by the Court appointing Lead Plaintiff. 3. Keyuan shall respond to the Amended Complaint, or the current Complaint if Lead Plaintiff elects not to file an Amended Complaint, no later than 120 days following entry of the order by the Court appointing Lead Plaintiff. 4. In the event Keyuan responds to the Complaint or Amended Complaint by motion, Lead Plaintiff's opposition(s) shall be filed on or before 45 days following the date such motions are filed. 5. Keyuan shall file any reply papers on or before 30 days following the date Lead Plaintiff files any opposition papers. (bm) (Entered: 02/02/2012)
252012-03-06 NOTICE of Change of Attorney Information for attorney Ho-El Park counsel for Defendant Keyuan Petrochemicals Inc. Changing FIRM NAME to LAW OFFICE OF HO-EL PARK, P.C.. Filed by Defendant Keyuan Petrochemicals, Inc. (Park, Ho-El) (Entered: 03/06/2012)
262012-03-19 NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel and lead plaintiff 14 filed by Plaintiff Peter Cheung. (Rosen, Laurence) (Entered: 03/19/2012)
272012-03-26 First APPLICATION for attorney Jonathan Horne to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-10125991 paid.) filed by Plaintiff Peter Cheung. (Rosen, Laurence) (Entered: 03/26/2012)
282012-03-28 ORDER by Judge Philip S. Gutierrez: granting 27 Application to Appear Pro Hac Vice by Attorney Jonathan Horne on behalf of Plaintiff, designating Laurence Rosen as local counsel. (lt) (Entered: 03/29/2012)
292012-03-28 ORDER by Judge Philip S. Gutierrez: Motion for Appointment of Counsel 14 . Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. §78u-4(a)(3)(B), Neil Vanleeuwen is appointed Lead Plaintiff of the class, as hehas the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. 2. Movants choice of counsel is approved, and accordingly, the Rosen Law Firm, P.A. is appointed Lead Counsel.3. Lead Counsel, after being appointed by the Court, shall manage theprosecution of this litigation. Lead Counsel are to avoid duplicative or unproductive activities and are hereby vested by the Court with theresponsibilities that include, without limitation, the following: (1) to prepare all pleadings; (2) to direct and coordinate the briefing and arguing of motions in accordance with the schedules set by the orders and rules of this Court; (3) to initiate and direct discovery; (4) prepare the case for trial; and (5) to engage in settlement negotiations on behalf of Lead Plaintiff and Class. (ir) (Entered: 03/29/2012)
302012-04-24 REQUEST to Substitute attorney Robert D. Weber in place of attorney Ho-El Park filed by Defendant Keyuan Petrochemicals Inc. (Attachments: # 1 Order on Request for Approval of Substitution of Attorney)(Weber, Robert) (Entered: 04/24/2012)
312012-04-26 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Philip S. Gutierrez: as to defendant Keyuan Petrochemicals Inc.granting 30 Request to Substitute Attorney Ho-El Park of Ho-El Park, P.C. as attorney in place of Attorney Robert David Weber of DLA Piper LLP (lw) (Entered: 04/26/2012)
322012-05-29 FIRST AMENDED COMPLAINT against defendants Delight Reward Limited, Keyuan Petrochemicals Inc, Aichun Li, Chunfeng Tao, Weifeng Xue; Party Peter Cheung terminated amending Complaint 1 , filed by plaintiffs Neil Vanleeuwen, Rodney Omanoff. (bm) (Additional attachment(s) added on 5/30/2012: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (bm). (Entered: 05/30/2012)
332012-07-27 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Keyuan Petrochemicals Inc. Motion set for hearing on 10/29/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Judicial Notice, # 2 Memorandum of Points and Authorities, # 3 Declaration of Robert D. Weber)(Weber, Robert) (Entered: 07/27/2012)
342012-07-30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #1: Judicial Notice 33 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Attachment #1 should be e-filed as a separate document using the event Requests-For Judicial Notice. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 07/30/2012)
352012-09-10 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiffs' First Amended Complaint 33 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 09/10/2012)
362012-09-10 OBJECTIONS to MOTION to Dismiss Plaintiffs' First Amended Complaint 33 To Request for Judicial Notice filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 09/10/2012)
372012-09-10 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Declaration of Laurence Rosen, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order)(Rosen, Laurence) (Entered: 09/10/2012)
382012-09-11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 6: Proposed Order 37 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): There should be at least 2 lines of text to allow for the judge's signature pursuant to this court's local rules. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 09/11/2012)
392012-09-18 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' First Amended Complaint 33 Second Request filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Declaration of Laurence Rosen and Ex. 5 thereto, # 2 Proposed Order)(Rosen, Laurence) (Entered: 09/18/2012)
402012-10-10 REPLY in support of motion MOTION to Dismiss Plaintiffs' First Amended Complaint 33 filed by Defendant Keyuan Petrochemicals Inc. (Weber, Robert) (Entered: 10/10/2012)
412012-10-10 OBJECTION re: MOTION to Dismiss Plaintiffs' First Amended Complaint 33 Objection to Plaintiffs' Request for Judicial Notice filed by Defendant Keyuan Petrochemicals Inc. (Weber, Robert) (Entered: 10/10/2012)
422012-10-11 NOTICE OF MOTION AND MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO AICHUN LI AND WEIFENG XU TO SERVE THEM WITH THE SUMMONS AND COMPLAINT filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. Motion set for hearing on 12/3/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 10/11/2012)
432012-10-11 DECLARATION of Jonathan Horne In Support Of MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A 42 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 10/11/2012)
442012-10-17 REPLY filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen to Objection/Opposition (Motion related) 41 (Rosen, Laurence) (Entered: 10/17/2012)
452012-10-29 MINUTES OF DEFENDANT'S KEYUAN PETROCHEMICALS, INC.'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FILED 07-27-12 (DOC.33) PLAINTIFF'S SECOND REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO DISMISS FILED 09-18-12 (DOC.39) held before Judge Philip S. Gutierrez: Having considered all papers submitted in support of an in opposition to Motion referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings.Court Reporter: Miriam Baird. (bp) (Entered: 10/29/2012)
462012-11-01 MINUTES (IN CHAMBERS) ORDER GRANTING in part and DENYING in part Defendants motion to dismiss by Judge Philip S. Gutierrez granting in part and denying in part 33 Motion to Dismiss: For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendant's motion to dismiss, with leave to amend. Plaintiffs may submit a Second Amended Complaint no later than November 22, 2012. (see document for further details) (bm) (Entered: 11/01/2012)
472012-11-09 Opposition in opposition to re: MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A MOTION for Leave to (1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; and (2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO A 42 filed by Defendant Keyuan Petrochemicals Inc. (Weber, Robert) (Entered: 11/09/2012)
482012-11-26 SECOND AMENDED COMPLAINT against Defendants Delight Reward Limited, Keyuan Petrochemicals Inc, Aichun Li, Chunfeng Tao, Weifeng Xue amending Amended Complaint, 32 ,filed by Plaintiff Rodney Omanoff, Neil Vanleeuwen (bp) (Additional attachment(s) added on 11/28/2012: # 1 Exhibits Part 1, # 2 Exhibits Part 2) (bm). (Entered: 11/27/2012)
492012-11-28 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: PLAINTIFFS AND CLASS MOTION 1) TO EFFECT SERVICE ON DEFENDANT CHUNFENG TAO BY SERVING KEYUAN PETROCHEMICALS, INC.'S REGISTERED AGENT OR COUNSEL; AND 2) TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY SO THAT PLAINTIFFS MAY OBTAIN CURRENT INFORMATION AS TO AICHUN LI AND WEIFENG XU TO SERVE THEM WITH THE SUMMONS AND COMPLAINT 42 set for hearing on 12/03/12 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 11/28/2012)
502012-11-30 MINUTES (IN CHAMBERS): ORDER GRANTING Plaintiffs' motion to effect service on Defendant Chungfeng Tao by serving Defendant Keyuan Petrochemicals, Inc.'s U.S. registered agent or counsel by Judge Philip S. Gutierrez: Before the Court are two motions by Plaintiffs Neil Vanleeuwen and Rodney Omanoff ("Plaintiffs"): (1) a motion for an order permitting Plaintiffs to execute service on Defendant Chungfeng Tao ("Tao") by serving the U.S. registered agent or counsel for Defendant Keyuan Petrochemicals, Inc. ("Keyuan") and (2) a motion to lift a discovery stay that was in place at the time of filing. See Dkt. # 42 . Because the discovery stay is no longer in place, Plaintiffs' motion to lift the stay is rendered moot. As such, the Court only considers the motion to permit service on Keyuan's registered agent....the Court GRANTS Plaintiffs' motion to effect service on Taovia Keyuans registered agent or counsel in the United States. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 11/30/2012)
512012-12-06 PROOF OF SERVICE Executed by Plaintiff Rodney Omanoff, Neil Vanleeuwen, upon Defendant Chunfeng Tao served on 12/3/2012, answer due 12/24/2012. Service of the Summons and Complaint were executed upon Keyaun Petrochemicals' Registered Agent (per leave of court) in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 12/06/2012)
522012-12-13 PROOF OF SERVICE Executed by Plaintiff Delight Reward Limited, upon Defendant Delight Reward Limited served on 10/30/2012, answer due 11/20/2012. Service of the Summons and Complaint were executed upon Offshore Incorporations Ltd., Registered Agent in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons returned. Service by Registered Mail, Return Receipt (Rosen, Laurence) (Entered: 12/13/2012)
532012-12-20 APPLICATION for Clerk to Enter Default against defendant Keyuan Petrochemicals Inc filed by plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 12/20/2012)
542012-12-20 DECLARATION re APPLICATION for Clerk to Enter Default against defendant Keyuan Petrochemicals Inc 53 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosen, Laurence) (Entered: 12/20/2012)
552012-12-21 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Keyuan Petrochemicals Inc 53 . The Clerk cannot enter the requested relief as Proof of Service is lacking required information: manner of service is not indicated (by federal or state statute). Request/Application with noted deficiencies corrected in order to have default judgment reconsidered. (bm) (Entered: 12/21/2012)
562012-12-21 ANSWER to Amended Complaint, 48 [Second Amended Complaint] filed by Defendant Keyuan Petrochemicals Inc.(Weber, Robert) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/3/13, DOCUMENT 61 . Modified on 1/3/2013 (bm). (Entered: 12/21/2012)
572012-12-21 NOTICE of Appearance filed by attorney Ho-El Park on behalf of Defendant Chunfeng Tao (Park, Ho-El) (Entered: 12/21/2012)
582012-12-21 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to the Second Amended Complaint filed by Defendant Chunfeng Tao. (Park, Ho-El) (Entered: 12/21/2012)
592012-12-26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Amended Complaint 56 , Motion to Extend 58 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Motion 58 . In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 12/26/2012)
602012-12-27 ORDER EXTENDING TIME TO RESPOND TO THE SECOND AMENDED COMPLAINT by Judge Philip S. Gutierrez granting 58 Motion for Extension of Time to File: This Court, having reviewed and considered the Unopposed Motion to Extend the Time To Respond to Plaintiffs' Second Amended Complaint, filed by Defendant CHUNFENG ("Mr. Tao"), hereby ORDERS as follows: Mr. Tao shall respond to the Second Amended Complaint on or before January 23, 2013. (bm) (Entered: 12/28/2012)
612013-01-03 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer 56 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies. (bm) (Entered: 01/03/2013)
622013-01-04 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: Scheduling Conference set for 6/17/2013 02:00 PM. (wm) (Entered: 01/04/2013)
632013-01-23 APPLICATION for attorney Mark David Hunter to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11557315 paid.) filed by Defendant Chunfeng Tao. (Attachments: # 1 Proposed Order)(Park, Ho-El) (Entered: 01/23/2013)
642013-01-23 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Second Amended Complaint filed by Defendant Chunfeng Tao. Motion set for hearing on 3/25/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Park, Ho-El) (Entered: 01/23/2013)
652013-01-24 ORDER by Judge Philip S. Gutierrez: granting 63 Application to Appear Pro Hac Vice by Attorney Mark David Hunter on behalf of Defendant Chunfeng Tao, designating Ho-El Park as local counsel. (lt) (Entered: 01/25/2013)
662013-01-28 PROOF OF SERVICE Executed by Plaintiff Rodney Omanoff, Neil Vanleeuwen, upon Defendant Aichun Li served on 1/14/2013, answer due 2/4/2013. Service of the Summons and Complaint were executed upon Aichun Li in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 01/28/2013)
672013-02-06 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Aichun Li, (Privette, Howard) (Entered: 02/06/2013)
682013-02-06 STIPULATION Extending Time to Answer the complaint as to Aichun Li answer now due 3/11/2013, re Amended Complaint, 48 filed by Defendant Aichun Li.(Privette, Howard) (Entered: 02/06/2013)
692013-02-27 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Aichun Li. Motion set for hearing on 4/22/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Defendant Aichun Li's Motion to Dismiss Plaintiffs' Second Amended Complaint)(Privette, Howard) (Entered: 02/27/2013)
702013-02-27 MEMORANDUM in Support of MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 02/27/2013)
712013-02-27 DECLARATION of Howard M. Privette in support of MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Privette, Howard) (Entered: 02/27/2013)
722013-02-27 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 02/27/2013)
732013-03-04 MEMORANDUM in Opposition to MOTION to Dismiss Case Plaintiff's Second Amended Complaint 64 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 03/04/2013)
742013-03-04 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Plaintiff's Second Amended Complaint 64 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 03/04/2013)
752013-03-04 DECLARATION of Laurence Rosen in opposition to MOTION to Dismiss Case Plaintiff's Second Amended Complaint 64 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosen, Laurence) (Entered: 03/04/2013)
762013-03-11 MEMORANDUM in Opposition to Plaintiffs' Request for Judicial Notice in Opposition to Motion to Dismiss filed by Defendant Chunfeng Tao. (Hunter, Mark) (Entered: 03/11/2013)
772013-03-11 REPLY In Support MOTION to Dismiss Case Plaintiff's Second Amended Complaint 64 filed by Defendant Chunfeng Tao. (Hunter, Mark) (Entered: 03/11/2013)
782013-03-19 NOTICE OF ERRATA filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. correcting MEMORANDUM in Opposition to Motion 73 (Attachments: # 1 Exhibit 1, Redline Showing Corrections, # 2 Exhibit 2, Clean Copy with Corrections Applied)(Rosen, Laurence) (Entered: 03/19/2013)
792013-03-19 REPLY filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen to MEMORANDUM in Opposition to Motion 76 (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 03/19/2013)
802013-03-25 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, DEFENDANT CHUNFENG TAO'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT 64 presently set for 03/25/13 is hereby continued to 04/22/2013 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 03/25/2013)
812013-04-01 MEMORANDUM in Opposition to MOTION to Dismiss Case 69 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 04/01/2013)
822013-04-01 DECLARATION of Phillip Kim in opposition MOTION to Dismiss Case 69 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 04/01/2013)
832013-04-01 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 69 Further Judicial Notice filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 04/01/2013)
842013-04-01 DECLARATION of Laurence Rosen in opposition MOTION to Dismiss Case 69 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 04/01/2013)
852013-04-08 Joint STIPULATION to Exceed Page Limitation as to Allow Aichun Li to File a 15-Page Reply Brief in Support of Motion to Dismiss filed by Defendant Aichun Li. (Attachments: # 1 Proposed Order Approving Defendant Aichun Li's 15-Page Reply Brief in Support of the Motion to Dismiss)(Privette, Howard) (Entered: 04/08/2013)
862013-04-08 REPLY in Support of MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 04/08/2013)
872013-04-08 DECLARATION of Howard M. Privette in Support of MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Attachments: # 1 Exhibit A)(Privette, Howard) (Entered: 04/08/2013)
882013-04-08 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 69 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 04/08/2013)
892013-04-11 DENIED BY ORDER OF THE COURT by Judge Philip S. Gutierrez, re Stipulation to Exceed Page Limitation, 85 (bp) (Entered: 04/12/2013)
902013-04-12 REPLY in Support of MOTION to Dismiss Case 69 (Shortened) Reply Memorandum filed by Defendant Aichun Li. (Privette, Howard) (Entered: 04/12/2013)
912013-04-22 MINUTES OF MOTION HEARING held before Judge Philip S. Gutierrez: re:DEFENDANT CHUNFENG TAO'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT FILED 01-23-13 DOC. 64 ; DEFENDANT AICHUN LI'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT [FRCP 4m, 9(b), 12(b)(3) AND 12(b)(6)]FILED 02-27-13 (DOC 69) DOC. 69 ; FURTHER REQ FOR JUDICIAL NOTICE DOC. 83 : Having considered all papers submitted in support of and in opposition to the Motions referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings.Court Reporter: Miriam Baird. (lw) (Entered: 04/22/2013)
922013-05-09 MINUTES (IN CHAMBERS): ORDER GRANTING in part and DENYING in part Defendant Chunfeng Tao's motion to dismiss and GRANTING Defendant Aichun Li's motion to dismiss by Judge Philip S. Gutierrez: Before the Court are Defendants Chunfeng Tao and Aichun Li's separately filed motions to dismiss Plaintiffs Neil Vanleeuwen and Rodney Omanoffs Second Amended Complaint. See Dkts. #64 (Tao's motion) & 69 (Li's motion). The Court heard oral arguments on the matter on April 22, 2013. After considering the arguments in the moving and opposing papers and at oral argument, the Court GRANTS in part and DENIES in part Tao's motion to dismiss andGRANTS Li's motion to dismiss......For the foregoing reasons, the Court GRANTS in part and DENIES in part Tao's motion to dismiss. The Court GRANTS with leave to amend Tao's motion to dismiss Plaintiffs' § 10(b) claim as to the Private Placement Class. The Court DENIES Tao's motion to dismiss Plaintiffs' § 10(b) claim as to the Public Class. The Court DENIES Tao's motion to dismiss Plaintiffs' § 20(a) claim. Additionally, the Court GRANTS Li's motion to dismiss. Finally, should Plaintiffs submit a pleading in which they amend the claims of the Private Placement Class, Plaintiffs are directed to comply with the notice procedures of 15 U.S.C. § 78u-4(a)(3)(A)(I) as to that class. RE: granting in part and denying in part 64 Defendant Chunfeng Tao's Motion to Dismiss Case ; granting 69 Defendant Aichun Li's Motion to Dismiss Case (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 05/09/2013)
932013-05-10 AMENDED DOCUMENT filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. Amendment to Service of Summons and Complaint Returned Executed (21 days), 52 Amended Proof of Service, to note that Service was Made Pursuant to Fed. R. Civ. P 4(f)(1) by completing service through international registered mail pursuant to the Hague Convention on the Sevice Abroad of Judicial and Extrajudicial Documents (Rosen, Laurence) (Entered: 05/10/2013)
942013-05-10 APPLICATION for Clerk to Enter Default against defendant Delight Reward Limited filed by plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Declaration of Laurence Rosen)(Rosen, Laurence) (Entered: 05/10/2013)
952013-05-13 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Delight Reward Limited 94 . The Clerk cannot enter the requested relief as The Clerk is not authorized to process Requests for Default against foreign entities. Request for Entry of Default has been forwarded to assigned Judge. (bm) (Entered: 05/13/2013)
962013-05-17 MINUTES (IN CHAMBERS): ORDER Entering Default Against DefendantDelight Reward Limited by Judge Philip S. Gutierrez: On May 10, 2013, Plaintiffs Neil Vanleeuwen and Rodney Omanoff (collectively, Plaintiffs) filed a request for entry of default against Defendant Delight Reward Limited. See Dkt. # 94. Because Defendant Delight Reward Limited was served with the Summons and Complaint on October 30, 2012, see Dkt. # 93, but has failed to respond, the Court hereby ENTERS DEFAULT against Defendant Delight Reward Limited. RE: 94 Application for Clerk to Enter Default (lw) (Entered: 05/17/2013)
972013-05-20 THIRD AMENDED COMPLAINT against defendants Delight Reward Limited, Keyuan Petrochemicals Inc, Aichun Li, Chunfeng Tao, Weifeng Xue amending Second Amended Complaint 48 ,filed by plaintiffs Rodney Omanoff, Neil Vanleeuwen. (bm) (Additional attachment(s) added on 5/21/2013: # 1 Exhibits 1-6 Part 1, # 2 Exhibits 1-6 Part 2, # 3 Exhibits 1-6 Part 3, # 4 Exhibits 1-6 Part 4) (bm). (Entered: 05/20/2013)
982013-05-31 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint, 97 filed by Defendant Aichun Li. (Attachments: # 1 Proposed Order Granting Defendant Aichun Li's Time to Respond to the Third Amended Complaint & Set Briefing Schedule on Motions)(Privette, Howard) (Entered: 05/31/2013)
992013-06-03 JOINT RULE 26(F) REPORT filed by Plaintiffs Peter Cheung, Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 06/03/2013)
1002013-06-03 NOTICE OF ERRATA filed by Plaintiffs Peter Cheung, Rodney Omanoff, Neil Vanleeuwen. correcting Report 99 attaching Joint Rule 26(f) Report (Attachments: # 1 Exhibit)(Rosen, Laurence) (Entered: 06/03/2013)
1012013-06-03 ANSWER to Amended Complaint, 97 JURY DEMAND. filed by Defendant Chunfeng Tao.(Hunter, Mark) (Entered: 06/03/2013)
1022013-06-03 NOTICE OF ERRATA filed by Defendant Aichun Li. correcting Stipulation for Extension of Time to File Response/Reply, 98 (Privette, Howard) (Entered: 06/03/2013)
1032013-06-04 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26(f) Report 99 . The following error(s) was found: Incorrect event selected. The correct event is: Pretrial and Trial Documents-Joint Report Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 06/04/2013)
1042013-06-04 Notice of Interested Parties filed by Defendant Chunfeng Tao, (Hunter, Mark) (Entered: 06/04/2013)
1052013-06-04 TRANSCRIPT ORDER re: Order on Motion to Dismiss Case,, Motion Hearing,,,,,, 91 , as to Defendant Aichun Li Court Reporter. Transcript portion requested: Other: 04/22/2013 Oral Argument Hearing on Motion to Dismiss Second Amended Complaint. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Privette, Howard) (Entered: 06/04/2013)
1062013-06-05 ANSWER to Amended Complaint, 97 Answer to Third Amended Complaint filed by defendant Keyuan Petrochemicals Inc.(Weber, Robert) (Entered: 06/05/2013)
1072013-06-05 ORDER GRANTING DEFENDANT AICHUN LI'S TIME TO RESPOND TO THE THIRD AMENDED COMPLAINT AND SET BRIEFING SCHEDULE ON MOTIONS by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply, 98 : Based on the joint stipulation before this Court and good cause appearing, the following shall apply: 1. Defendant Aichun Lis motion to dismiss and motion to strike the Third Amended Complaint ("TAC") are due no later than June 14, 2013; 2. Plaintiffs' opposition(s) to the motion to dismiss and motion to strike the TAC are due no later than July 12, 2013; 3. Defendant Aichun Li's reply brief(s) in support of the motion to dismiss and motion to strike the TAC are due no later than July 29, 2013; and, 4. Upon entry of the Courts order approving this stipulation, Defendant Aichun Li will promptly seek to reserve a hearing date on August 12, 2013. If the August 12, 2013, hearing date is no longer available at that time, Defendant Aichun Li will reserve the first hearing date available thereafter. (bm) (Entered: 06/06/2013)
1082013-06-13 TRANSCRIPT for proceedings held on APRIL 22, 2013; 2:20 P.M. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, CSR 11893, phone number (213) 894-2853. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/4/2013. Redacted Transcript Deadline set for 7/14/2013. Release of Transcript Restriction set for 9/11/2013. (mw) (Entered: 06/13/2013)
1092013-06-13 NOTICE OF FILING TRANSCRIPT filed for proceedings APRIL 22, 2013; 2:20 P.M re Transcript 108 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mw) TEXT ONLY ENTRY (Entered: 06/13/2013)
1102013-06-14 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, the Scheduling Conference 62 is continued from 06/17/13 to 08/19/2013 at 2:00pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 06/14/2013)
1112013-06-14 NOTICE OF MOTION AND MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof filed by Defendant Aichun Li. Motion set for hearing on 8/12/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Defendant Aichun Li's Motion to Strike Plaintiffs' Third Amended Complaint)(Privette, Howard) (Entered: 06/14/2013)
1122013-06-14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Aichun Li. Motion set for hearing on 8/12/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Granting Defendant Aichun Li's Motion to Dismiss Plaintiffs' Third Amended Complaint)(Privette, Howard) (Entered: 06/14/2013)
1132013-06-14 MEMORANDUM in Support of MOTION to Dismiss Case 112 Plaintiffs' Third Amended Complaint filed by Defendant Aichun Li. (Privette, Howard) (Entered: 06/14/2013)
1142013-06-14 DECLARATION of Howard M. Privette in support of MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 or in the Alternative, Motion to Dismiss filed by Defendant Aichun Li. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Privette, Howard) (Entered: 06/14/2013)
1152013-06-14 REQUEST FOR JUDICIAL NOTICE re MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 or in the Alternative, to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Aichun Li. (Privette, Howard) (Entered: 06/14/2013)
1162013-07-08 Joint STIPULATION to Reschedule Hearing filed by Defendant Chunfeng Tao. (Attachments: # 1 Proposed Order)(Hunter, Mark) (Entered: 07/08/2013)
1172013-07-10 ORDER CONTINUING HEARING ON DEFENDANT AICHUN LIS MOTION TO STRIKE (D.E. 111), MOTION TO DISMISS (D.E. 112), AND RULE 16(b) SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, re Stipulation to Reschedule 116 : Pursuant to the Stipulation entered into by Plaintiffs and Defendants, through their respective counsel, IT IS HEREBY ORDERED that this Court's hearing on Defendant Aichun Li's Motion to Strike (D.E. 111) and Motion to Dismiss (D.E. 112) is continued from August 12, 2013, to August 19, 2013, at 1:30 p.m.; and the Rule 16(b) Scheduling Conference is continued from August 19, 2013, to August 26, 2013, at 2:00 p.m. (bm) (Entered: 07/11/2013)
1182013-07-12 NOTICE of Change of address by Ho-El Park attorney for Defendant Chunfeng Tao. Changing attorneys address to 333 City Boulevard West, Suite 1700, Orange, CA 92868. Filed by Defendant Chunfeng Tao. (Park, Ho-El) (Entered: 07/12/2013)
1192013-07-12 OPPOSITION to MOTION to Dismiss Case 112 , MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 07/12/2013)
1202013-07-12 DECLARATION of Phillip Kim in opposition MOTION to Dismiss Case 112 , MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosen, Laurence) (Entered: 07/12/2013)
1212013-07-12 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/12/2013)
1222013-07-12 DECLARATION of Laurence Rosen re Request for Judicial Notice 121 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 07/12/2013)
1232013-07-19 NOTICE OF MOTION AND MOTION for Leave to file To FIle The Third Amended Complaint ; Memorandum of Points and Authorities In Support Thereof filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. Motion set for hearing on 8/19/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/19/2013)
1242013-07-22 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff of Private Placement Class filed by Plaintiff Rodney Omanoff. Motion set for hearing on 8/19/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/22/2013)
1252013-07-22 MEMORANDUM in Support of MOTION for Appointment of Counsel and Lead Plaintiff of Private Placement Class 124 filed by Plaintiff Rodney Omanoff. (Rosen, Laurence) (Entered: 07/22/2013)
1262013-07-22 DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel and Lead Plaintiff of Private Placement Class 124 filed by Plaintiff Rodney Omanoff. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 07/22/2013)
1272013-07-29 REPLY in support of MOTION to Dismiss Case 112 Reply in Support of Defendant Aichun Li's Motion to Dismiss Plaintiffs' Third Amended Complaint filed by Defendant Aichun Li. (Privette, Howard) (Entered: 07/29/2013)
1282013-07-29 REPLY in support of MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 07/29/2013)
1292013-07-29 DECLARATION of Howard M. Privette in support of MOTION to Strike Third Amended Complaint Amended Complaint, 97 Memorandum of Points and Authorities in Support Thereof 111 Declaration of Howard M. Privette in support of Reply in support of Motions by Defendant Aichun Li to Strike and Dismiss Plaintiffs' Third Amended Complaint; Exhibits 1-3 filed by Defendant Aichun Li. (Attachments: # 1 Exhibit 1 - 3)(Privette, Howard) (Entered: 07/29/2013)
1302013-07-29 OPPOSITION in opposition to re: MOTION to Dismiss Case 112 Opposition by Aichun Li to Plaintiffs' Request for Judicial Notice (Docket No. 121) filed by Defendant Aichun Li. (Privette, Howard) (Entered: 07/29/2013)
1312013-07-29 OPPOSITION OF DEFENDANT AICHUN LI TO PLAINTIFFS' MOTION FOR LEAVE TO FILE THE THIRD AMENDED COMPLAINT in opposition to re: MOTION for Leave to file To FIle The Third Amended Complaint ; Memorandum of Points and Authorities In Support Thereof 123 filed by Defendant Aichun Li. (Privette, Howard) (Entered: 07/29/2013)
1322013-07-31 PROOF OF SERVICE Executed by Plaintiff Rodney Omanoff, Neil Vanleeuwen, upon Defendant Weifeng Xue served on 6/20/2013, answer due 7/11/2013. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 07/31/2013)
1332013-08-01 NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel and Lead Plaintiff of Private Placement Class 124 filed by Plaintiff Rodney Omanoff. (Rosen, Laurence) (Entered: 08/01/2013)
1342013-08-05 REPLY in further support MOTION for Leave to file To FIle The Third Amended Complaint ; Memorandum of Points and Authorities In Support Thereof 123 filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Rosen, Laurence) (Entered: 08/05/2013)
1352013-08-13 ORDER APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL FOR PRIVATE PLACEMENT CLASS by Judge Philip S. Gutierrez: IT IS ORDERED THAT Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. 78u-4(a)(3)(B), Rodeny Omanoff is appointed Lead Plaintiff of the Private Placement Class, as he has the largest financial interest in this litigation and otherwise satisfies the requirement of Fed.R.Civ.P.23. Movant's choice of counsel is approved, and accordingly, the Rosen Law Firm, P.A. is appointed Lead Counsel for the Private Placement Class. (See document for further details) 124 (bp) (Entered: 08/13/2013)
1362013-08-19 MINUTES OF DEFENDANT AICHUN LI'S MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT FILED 06-14-13(DOC.112) DEFENDANT AICHUN'S LI'S MOTION TO STRIKE PLAINTIFFS' THIRD AMENDED COMPLAINT FILED 06-14-13 (DOC.111); REQUEST FOR JUDICIAL NOTICE (DOC.115) PLAINTIFFS' MOTION FOR RELIEF TO FILE THE THIRD AMENDED COMPLAINT FILED 07-19-13 (DOC.123) Motion Hearing held before Judge Philip S. Gutierrez: The Court takes the motions Under Submission. A ruling will be issued consideration of the submitted pleadings.Court Reporter: Miriam Baird. (bp) (Entered: 08/20/2013)
1372013-08-19 AMENDED MINUTES held before Judge Philip S. Gutierrez re: Order on Motion to Strike, Order on Motion to Dismiss Case, Order on Motion for Leave to File Document, Motion Hearing, 136 . (bp) (Entered: 08/21/2013)
1382013-08-21 JOINT REPORT Rule 26(f) Discovery Plan Updated ; estimated length of trial 10, filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen.. (Rosen, Laurence) (Entered: 08/21/2013)
1392013-08-22 AMENDED DOCUMENT filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. Amendment to Service of Summons and Complaint Returned Executed (21 days), 132 Amended to Note Service was Made Pursuant to FRCP 4(f)(1) (Rosen, Laurence) (Entered: 08/22/2013)
1402013-08-22 APPLICATION for Clerk to Enter Default against defendant Weifeng Xue filed by Plaintiffs Rodney Omanoff, Neil Vanleeuwen. (Attachments: # 1 Declaration of Laurence Rosen)(Rosen, Laurence) (Entered: 08/22/2013)
1412013-08-26 MINUTES OF Scheduling Conference held before Judge Philip S. Gutierrez. The Court, having read and considered the joint report filed on August 21st, and the oral argument presented today with respect to transfer of venue, advises that an order granting leave to amend and transferring the case to New York will be issued this week.Court Reporter: Miriam Baird. (bp) (Entered: 08/27/2013)
1422013-08-26 ORDER GRANTING Plaintiffs' motion for leave to amend and TRANSFERRING the action to the Southern District of New York by Judge Philip S. Gutierrez transferring case to Southern District of New York. The Court GRANTS Plaintiffs' motion for leave to amend and TRANSFERS the action to the Southern District of New York. Accordingly, the Court RENDERS MOOT Li's motion to dismiss and motion to strike to the extent that they are based on alleged deficiencies in venue in the Central District of California and defers to the transferee court to address the other issues raised in the motions. (MD JS-6. Case Terminated.) (bp) (Entered: 08/27/2013)
1432013-08-27 TRANSMITTAL of documents: Electronic Document are accessible through Pacer. (bp) (Entered: 08/27/2013)
1442013-08-28 TRANSCRIPT ORDER re: Order on Motion to Strike, Order on Motion to Dismiss Case, Order on Motion for Leave to File Document, Motion Hearing,,,,,,,, 136 , as to Defendant Aichun Li Court Reporter. Court will contact Howard Privette at [email protected] with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: August 19, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Privette, Howard) (Entered: 08/28/2013)
1452013-08-29 TRANSCRIPT for proceedings held on AUGUST 19, 2013; 1:30 P.M. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, CSR 11893, phone number (213) 894-2853 [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/19/2013. Redacted Transcript Deadline set for 9/29/2013. Release of Transcript Restriction set for 11/27/2013. (mw) (Entered: 08/29/2013)
1462013-08-29 NOTICE OF FILING TRANSCRIPT filed for proceedings AUGUST 19, 2013; 1:30 P.M re Transcript 145 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mw) TEXT ONLY ENTRY (Entered: 08/29/2013)
1472013-08-29 TRANSCRIPT ORDER re: Scheduling Conference, 141 , as to Defendant Aichun Li Court Reporter. Court will contact Howard M. Privette at [email protected] with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: August 26, 2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Privette, Howard) (Entered: 08/29/2013)
1482013-08-28 RECEIVED Notice of Receipt of Electronic Case Transferred from California Centralhas been opened in Southern District of New York as case 1:13-cv-06057 filed 08/28/2013. (yl) (Entered: 09/05/2013)
1492013-09-05 TRANSCRIPT for proceedings held on 8/26/13 2:00 p.m.. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, CSR, phone number (213) 894-2853 [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/26/2013. Redacted Transcript Deadline set for 10/6/2013. Release of Transcript Restriction set for 12/4/2013. (ha) (Entered: 09/05/2013)
1502013-09-05 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/26/13 2:00 p.m. re Transcript 149 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 09/05/2013)