US District Court Civil Docket as of 01/04/2012
Retrieved from the court on January 11, 2012

U.S. District Court
Southern District of New York (
Foley Square)
CIVIL DOCKET FOR CASE #:
1:07-cv-10531-AKH


Munoz v.
China Expert Technology, Inc. et al
Assigned to: Judge Alvin K. Hellerstein
Cause: 15:78m(a) Securities Exchange Act


Date Filed:
11/21/2007
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question

 

Lead Plaintiff

 

Carlos Munoz
individually and on behalf of all others similarly situated

represented by

Laurence Matthew Rosen
The Rosen Law Firm, P.A.
350 5th Avenue, Suite 5508
New York, NY 10118
(212)-686-1060
Fax: (212)-202-3827
Email: lrosen@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip C. Kim
The Rosen Law Firm P.A.
350 5th Avenue, Suite 5508
New York, NY 10118
(212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy William Brown
The Rosen Law Firm P.A.
350 5th Avenue, Suite 5508
New York, NY 10118
(212)-686-1060
Fax: (212)-202-3827
Email: tbrown@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

CXTI Investors
TERMINATED:
05/28/2010

represented by

Phillip C. Kim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Joseph Nunn

represented by

Laurence Matthew Rosen
(See above for address)
ATTORNEY TO BE NOTICED

Phillip C. Kim
(See above for address)
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Basil Hantash

represented by

Laurence Matthew Rosen
(See above for address)
ATTORNEY TO BE NOTICED

Phillip C. Kim
(See above for address)
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Anna Hantash

represented by

Laurence Matthew Rosen
(See above for address)
ATTORNEY TO BE NOTICED

Phillip C. Kim
(See above for address)
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Kenneth Price

represented by

Laurence Matthew Rosen
(See above for address)
ATTORNEY TO BE NOTICED

Phillip C. Kim
(See above for address)
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Bashar Hantash

represented by

Kim Elaine Miller
Kahn Swick & Foti, LLC
500 5th Avenue
Suite 1810
New York, NY 10110
(212) 696-3730
Fax: (504) 455-1498
Email: kim.miller@ksfcounsel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laurence Matthew Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy William Brown
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

UVE Partners Group

represented by

William Bernard Federman
Federman & Sherwood
10205 N. Pennsylvania
Oklahoma City, OK 73102
(405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

The Gros Group

represented by

Kim Elaine Miller
Kahn Swick & Foti, LLC
206 Covington Street
Madisonville, LA 70447
(212) 696-3730
Fax: (504) 455-1498
Email: kim.miller@ksfcounsel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

China Expert Technology, Inc.

 

 

 

 

 

Defendant

 

 

Zhu Xiaoxin
TERMINATED:
03/17/2008

 

 

 

 

 

Defendant

 

 

Huang Tao
TERMINATED:
03/17/2008

 

 

 

 

 

Defendant

 

 

Fu Wan Chung
TERMINATED:
03/17/2008
also known as
Simon Fu
TERMINATED:
03/17/2008

 

 

 

 

 

Defendant

 

 

PKF New York, Certified Public Accountants
a Professional Corporation

represented by

Thomas R. Manisero
Wilson Elser,Moskowitz Edelman & Dicker LLP(White Plains)
3 Gannett Drive
White Plains, NY 10604
(914) 323-7000
Fax: (914)-723-7001
Email: maniserot@wemed.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gregory Joseph Bautista
Wilson Elser,Moskowitz Edelman & Dicker LLP(White Plains)
3 Gannett Drive
White Plains, NY 10604
(914) 872-7839
Fax: (914) 323-7001
Email: gregory.bautista@wilsonelser.com
ATTORNEY TO BE NOTICED

William J. Kelly
Wilson Elser,Moskowitz Edelman & Dicker LLP(White Plains)
3 Gannett Drive
White Plains, NY 10604
(914)323-7000
Fax: (914)323-7001
Email: william.kelly@wilsonelser.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

PKF Hong Kong, Certified Public Accountants

represented by

Charles John Ha
Orrick, Herrington & Sutcliffe LLP (Seattle)
701 Fifth Avenue, Suite 5600
Seattle, WA 98104
(206) 839-4300
Fax: (206)-839-4301
Email: charlesha@orrick.com
TERMINATED: 12/14/2011

Daniel Tyukody
Orrick, Herrington & Sutcliffe LLP
777 South Figueroa St
Suite 3200
Los Angeles, CA
213-612-2433
Fax: 213-612-2499
TERMINATED: 08/12/2011
PRO HAC VICE

Jeffrey Rourke Burke
Winston & Strawn LLP (NY)
200 Park Avenue
New York, NY 10166
212 294-5334
Fax: 212 294-4700
Email: jburke@winston.com
ATTORNEY TO BE NOTICED

Michael C. Tu
Orrick, Herrington & Sutcliffe LLP (Los Angeles)
777 South Figueroa Street
Suite 3200
Los Angeles, CA 90017
(213) 612-2433
Fax: (612) 612-2499
Email: mtu@orrick.com
TERMINATED: 12/14/2011
PRO HAC VICE

Micol Olimpia Sordina
Winston & Strawn LLP (CA)
333 S. Grand Avenue
Los Angeles, CA 90071
(213)-615-1776
Fax: (213)-615-1750
Email: msordina@winston.com
ATTORNEY TO BE NOTICED

Neal R. Marder
Winston & Strawn LLP (CA)
333 S. Grand Avenue
Los Angeles, CA 90071
(213) 615-1728
Fax: (213) 615-1750
Email: nmarder@winston.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Steven J. Fink
Orrick, Herrington & Sutcliffe LLP (NYC)
51 West 52nd Street
New York, NY 10019
212-506-5000
Fax: 212-506-5151
Email: sfink@orrick.com
TERMINATED: 12/14/2011

 

 

 

Defendant

 

 

BDO McCabe Lo Limited Certified Public Accountants

represented by

Cameron Alexander Smith
Latham & Watkins LLP (NY)
885 Third Avenue
New York, NY 10022
(212)906-1200x4546
Fax: (212)-751-4864
Email: cameron.smith@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth Heering Hickey
Latham & Watkins, L.L.P.
One Newark Center
Newark, NJ 07101
(213) 485-1234
Email: elizabeth.hickey@lw.com
TERMINATED: 03/10/2010
LEAD ATTORNEY

James Farrell
Latham & Watkins LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071
(213) 495-1234
Fax: (213)-891-8763
Email: james.farrell@lw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Peter A. Wald
Latham & Watkins, L.L.P.
505 Montgomery Street
Suite 2000
San Francisco, CA 94111
(415) 391-0600
Fax: (415) 395-8095
Email: peter.wald@lw.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

BDO Seidman, LLP

represented by

Daniel Robert Walfish
Robbins Russell Englert Orseck Untereiner & Sauber, LLP
1801 K Street, N.W.
Suite 411
Washington, DC 20006
(202)775-4500 x4495
Fax: (202)775-4510
Email: dwalfish@robbinsrussell.com
TERMINATED: 12/15/2009

Gary A. Orseck
Robbins Russell Englert Orseck Untereiner & Sauber, LLP
1801 K Street, N.W.
Suite 411
Washington, DC 20006
(202)-775-4500
Fax: (202)-775-4510
Email: gorseck@robbinsrussell.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Kathryn Schaefer Zecca
Robbins Russell Englert Orseck Untereiner & Sauber, LLP
1801 K Street, N.W.
Suite 411
Washington, DC 20006
(202) 775-4500
Fax: (202)-775-4510
Email: kzecca@robbinsrussell.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

11/21/2007

1 

COMPLAINT against China Expert Technology, Inc., Zhu Xiaoxin, Huang Tao, Fu Wan Chung. (Filing Fee $ 350.00, Receipt Number 634202)Document filed by Carlos Munoz.(jeh) (laq). (Entered: 11/28/2007)

11/21/2007

  

SUMMONS ISSUED as to China Expert Technology, Inc., Zhu Xiaoxin, Huang Tao, Fu Wan Chung. (jeh) (Entered: 11/28/2007)

11/21/2007

  

Case Designated ECF. (jeh) (Entered: 11/28/2007)

11/21/2007

  

Magistrate Judge Jamese C. Francis is so designated. (jeh) (Entered: 11/28/2007)

12/07/2007

2 

SUMMONS RETURNED EXECUTED. China Expert Technology, Inc. served on 11/30/2007, answer due 12/20/2007. Service was accepted by Kenna Wassell. Document filed by China Expert Technology, Inc.. (Kim, Phillip) (Entered: 12/07/2007)

01/22/2008

3 

NOTICE of of Clerks' Certificate of Default as to Defendant China Expert Technology, Inc.. Document filed by Carlos Munoz. (Kim, Phillip) (Entered: 01/22/2008)

01/22/2008

4 

MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel and Memorandum of Law in Support. Document filed by UVE Partners Group. (Attachments: # 1 Exhibit 1: Declaration of William B. Federman, # 2 Exhibit 1(A): Investor Certifications, # 3 Exhibit 1(B): PSLRA Loss Analyses, # 4 Exhibit 1(C): Press Release, # 5 Exhibit 1(D): Firm Resume, # 6 Exhibit 2: Proposed Order)(Federman, William) (Entered: 01/22/2008)

01/22/2008

5 

MOTION to Appoint The Gros Group to serve as lead plaintiff(s) and to Appoint Lead Counsel., MOTION to Consolidate Cases. Document filed by The Gros Group. (Attachments: # 1 Text of Proposed Order)(Miller, Kim) (Entered: 01/22/2008)

01/22/2008

6 

MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint The Gros Group to serve as lead plaintiff(s) and to Appoint Lead Counsel. MOTION to Consolidate Cases.. Document filed by The Gros Group. (Miller, Kim) (Entered: 01/22/2008)

01/22/2008

7 

DECLARATION of Kim E. Miller in Support re: 5 MOTION to Appoint The Gros Group to serve as lead plaintiff(s) and to Appoint Lead Counsel. MOTION to Consolidate Cases.. Document filed by The Gros Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Kim) (Entered: 01/22/2008)

01/22/2008

8 

MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s)., MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. Document filed by CXTI Investors. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kim, Phillip) (Entered: 01/22/2008)

01/22/2008

9 

MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s). MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s).. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 01/22/2008)

01/22/2008

10 

DECLARATION of Phillip Kim in Support re: 8 MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s). MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s).. Document filed by CXTI Investors. (Attachments: # 1 Exhibit 1, PSLRA Early Notice, # 2 Exhibit 2, PSLRA Certifications, # 3 Exhibit 3, Loss Chart, # 4 Exhibit 4, RLF Bio)(Kim, Phillip) (Entered: 01/22/2008)

01/24/2008

11 

NOTICE of Withdrawal of Motion of the Gros Group for Lead Plaintiff. Document filed by The Gros Group. (Miller, Kim) (Entered: 01/24/2008)

02/05/2008

12 

MEMORANDUM OF LAW in Opposition re: 4 MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's, 5 MOTION to Appoint The Gros Group to serve as lead plaintiff(s) and to Appoint Lead Counsel. MOTION to Consolidate Cases.. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 02/05/2008)

02/13/2008

13 

NOTICE of Non-Opposition to CXTI Investors' Motion to be Appointed Lead Plaintiffs and For Approval of their Selection of Lead Counsel re: 8 MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s). MOTION to Appoint Counsel The Rosen Law Firm, P.A. as Lead Counsel. MOTION to Appoint Joseph Nunn, The Hantash Family, & Kenneth Price to serve as lead plaintiff(s).. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 02/13/2008)

02/26/2008

14 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Notice of Withdrawal of Motion for Lead Plaintiff and Counsel of Record re: 4 MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's MOTION to Appoint UVE Partners, LLC, Allen Goldschmidt, Eric Dworkin, Ronald B. Marchman and Lori Samuels to serve as lead plaintiff(s) Movant UVE Partners Group's Motion for Appointment of Lead Plaintiff and Approval of Lead Plaintiff's. Document filed by UVE Partners Group. (Federman, William) Modified on 2/26/2008 (db). (Entered: 02/26/2008)

02/26/2008

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney William Bernard Federman to RE-FILE Document 14 Notice (Other), Notice (Other), Notice (Other), Notice (Other). Use the document type Withdraw found under the document list Motions. (db) (Entered: 02/26/2008)

02/26/2008

15 

MOTION for William Bernard Federman to Withdraw as Attorney and Notice of Withdrawal of Motion for Lead Plaintiff. Document filed by UVE Partners Group.(Federman, William) (Entered: 02/26/2008)

03/05/2008

16 

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of NOTICE OF VOLUNTARY DISMISSAL, WIHTOUT PREJUDICE, AS TO DEFENDANTS ZHU XIAOXIN; HUANG TAO; AND FU WAN CHUNG, A/K/A SIMON FU. Document filed by Carlos Munoz. (Kim, Phillip) Modified on 3/5/2008 (db). (Entered: 03/05/2008)

03/05/2008

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Phillip C. Kim to E-MAIL Document No. 16 NOTICE OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE, AS TO DEFENDANTS ZHU XIAOXIN; HUANG TAO; AND FU WAN CHUNG, A/K/A SIMON FU to orders_and_judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) (Entered: 03/05/2008)

03/17/2008

17 

NOTICE OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE, AS TO DEFENDANTS ZHU XIAOXIN; HUNAG TAO; AND FU WAN CHUNG, A/KA SIMON FU: Plaintiff voluntarily dismisses this action as against Defendants Zhu Xiaoxin; Huang Tao; and Fu Wan Chung, a/k/a Simon Fu, without prejudice. Plaintiffs claims against China Expert Technology, Inc. shall move forward. (Signed by Judge Alvin K. Hellerstein on 3/17/08) (tro) (Entered: 03/17/2008)

03/21/2008

  

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Initial Pretrial Conference held on 3/21/2008. Defendant failed to appear. (jmi) (Entered: 04/03/2008)

03/25/2008

18 

ORDER APPOINTING LEAD PLAINTIFF AND COUNSEL: Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. 78u-4(a)(3)(B), the CXTI Investor and each of its members are appointed Lead Plaintiffs for the class as they have the largest financial interest in this litigation and otherwise satisfy the requirements of Fed.R.Civ.P.23. The CXTI Investor's choice of counsel is approved and accordingly, the Rosen Law Firm, P.A. is appointed Lead Counsel. Lead Counsel, after being appointed by the Court, shall manage the prosecution of this litigation. Lead Counsel is to avoid duplicative or unproductive activities and are hereby vested by the Court with the responsibilities 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 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 Plaintiffs and the Class. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 3/25/2008) (jmi) (Entered: 03/25/2008)

03/31/2008

19 

MOTION for Discovery Lead Plaintiffs' Notice of Motion For Order Declaring PSLRA Stay of Discovery is no Longer in Effect. Document filed by CXTI Investors. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 03/31/2008)

03/31/2008

20 

MEMORANDUM OF LAW in Support re: 19 MOTION for Discovery Lead Plaintiffs' Notice of Motion For Order Declaring PSLRA Stay of Discovery is no Longer in Effect.. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 03/31/2008)

03/31/2008

21 

DECLARATION of Phillip Kim in Support re: 19 MOTION for Discovery Lead Plaintiffs' Notice of Motion For Order Declaring PSLRA Stay of Discovery is no Longer in Effect.. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 03/31/2008)

05/02/2008

22 

MEMO ENDORESMENT granting 19 Motion for Discovery. ENDORSEMENT: W/out opp'n, So ordered. (Signed by Judge Alvin K. Hellerstein on 5/1/08) (tro) (Entered: 05/02/2008)

05/16/2008

23 

NOTICE OF APPEARANCE by Timothy William Brown on behalf of Carlos Munoz, CXTI Investors (Brown, Timothy) (Entered: 05/16/2008)

03/27/2009

24 

AMENDED COMPLAINT amending 1 Complaint against PKF New York, Certified Public Accountants, PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants, BDO Seidman, LLP, China Expert Technology, Inc. Document filed by Carlos Munoz. Related document: 1 Complaint filed by Carlos Munoz.(dle) (Entered: 03/30/2009)

04/24/2009

25 

NOTICE OF APPEARANCE by Daniel Robert Walfish on behalf of BDO Seidman, LLP (Walfish, Daniel) (Entered: 04/24/2009)

04/28/2009

26 

MOTION to Dismiss. Document filed by PKF New York, Certified Public Accountants. Responses due by 5/12/2009(Kelly, William) (Entered: 04/28/2009)

04/28/2009

27 

DECLARATION of Henry A. Freire, CPA in Support re: 26 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, William) (Entered: 04/28/2009)

04/28/2009

28 

DECLARATION of William J. Kelly, Esq. in Support re: 26 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Attachments: # 1 Exhibit A - Part 1 (Amended Complaint), # 2 Exhibit A - Part 2 (Amended Complaint), # 3 Exhibit B, # 4 Exhibit C)(Kelly, William) (Entered: 04/28/2009)

04/28/2009

29 

MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 04/28/2009)

04/30/2009

30 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PKF New York, Certified Public Accountants.(Kelly, William) (Entered: 04/30/2009)

04/30/2009

31 

NOTICE OF APPEARANCE by Thomas R. Manisero on behalf of PKF New York, Certified Public Accountants (Manisero, Thomas) (Entered: 04/30/2009)

04/30/2009

32 

DEFENDANT BDO SEIDMAN'S UNOPPOSED REQUEST FOR AN EXTENSION OF TIME TO FILE ITS MOTION TO DISMISS Bdo Seidman respectfully requests the Court to extend the time for it to file a motion to dismiss the amended complaint, to and including June 4, 2009. (Signed by Judge Alvin K. Hellerstein on 4/30/09) (mme) (Entered: 04/30/2009)

05/13/2009

33 

MEMO ENDORSEMENT on re: LEAD PLAINTIFFS' UNOPPOSED REQUEST FOR A UNIFORM BRIEFING SCHEDULE FOR MOTIONS TO DISMISS BY DEFENDANTS BDO SEDIMAN, LLP ND PKF NEW YORK, CERTIFIED PUBLIC ACCOUNTANTS, A PROFESSIONAL CORPORATION. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/12/2009) (jfe) (Entered: 05/13/2009)

05/13/2009

  

Set/Reset Deadlines as to 26 MOTION to Dismiss.. Responses due by 7/2/2009 Replies due by 7/31/2009. (jfe) (Entered: 05/13/2009)

05/13/2009

34 

MOTION for Eric J. Feigin to Appear Pro Hac Vice. Document filed by BDO Seidman, LLP.(dle) (Entered: 05/15/2009)

05/13/2009

35 

MOTION for Gary A. Orseck to Appear Pro Hac Vice. Document filed by BDO Seidman, LLP.(dle) (Entered: 05/15/2009)

05/13/2009

36 

MOTION for Kathryn S. Zecca to Appear Pro Hac Vice. Document filed by BDO Seidman, LLP.(dle) (Entered: 05/15/2009)

05/19/2009

  

CASHIERS OFFICE REMARK on 36 Motion to Appear Pro Hac Vice, 34 Motion to Appear Pro Hac Vice, 35 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 05/13/2009, Receipt Number 687937. (jd) (Entered: 05/19/2009)

05/20/2009

37 

ORDER FOR ADMISSION OF ERIC J. FEIGIN PRO HAC VICE ON WRITTEN MOTION granting 34 Motion for Eric J. Feign to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/19/2009) (jpo) (Entered: 05/20/2009)

05/20/2009

38 

ORDER FOR ADMISSION OF GARY A. ORSECK PRO HAC VICE ON WRITTEN MOTION granting 35 Motion for Gary A. Orseck to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/19/2009) (jpo) (Entered: 05/20/2009)

05/20/2009

39 

ORDER FOR ADMISSION OF KATHRYN S. ZECCA PRO HAC VICE ON WRITTEN MOTION granting 36 Motion for Kathryn S. Zecca to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/19/2009) (jpo) (Entered: 05/20/2009)

05/20/2009

  

Transmission to Attorney Admissions Clerk. Transmitted re: 38 Order on Motion to Appear Pro Hac Vice, 37 Order on Motion to Appear Pro Hac Vice, 39 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 05/26/2009)

06/04/2009

40 

MOTION to Dismiss. Document filed by BDO Seidman, LLP.(Orseck, Gary) (Entered: 06/04/2009)

06/04/2009

41 

MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss.. Document filed by BDO Seidman, LLP. (Orseck, Gary) (Entered: 06/04/2009)

06/04/2009

42 

DECLARATION of Gary A. Orseck in Support re: 40 MOTION to Dismiss.. Document filed by BDO Seidman, LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Orseck, Gary) (Entered: 06/04/2009)

07/02/2009

43 

MEMORANDUM OF LAW in Opposition re: 40 MOTION to Dismiss.. Document filed by CXTI Investors. (Brown, Timothy) (Entered: 07/02/2009)

07/02/2009

44 

DECLARATION of Timothy W. Brown in Opposition re: 40 MOTION to Dismiss.. Document filed by CXTI Investors. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Brown, Timothy) (Entered: 07/02/2009)

07/02/2009

45 

MEMORANDUM OF LAW in Opposition re: 26 MOTION to Dismiss.. Document filed by CXTI Investors. (Brown, Timothy) (Entered: 07/02/2009)

07/02/2009

46 

DECLARATION of Timothy W. Brown in Opposition re: 26 MOTION to Dismiss.. Document filed by CXTI Investors. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brown, Timothy) (Entered: 07/02/2009)

07/31/2009

47 

REPLY MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss.. Document filed by BDO Seidman, LLP. (Zecca, Kathryn) (Entered: 07/31/2009)

07/31/2009

48 

DECLARATION of Kathryn S. Zecca in Support re: 40 MOTION to Dismiss.. Document filed by BDO Seidman, LLP. (Zecca, Kathryn) (Entered: 07/31/2009)

07/31/2009

49 

REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 07/31/2009)

08/26/2009

50 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Phillip Kim dated 8/25/09 re: counsel for lead plaintiffs request that the Court adjourn the 8/31/09 oral argument on the dismissal motions. ENDORSEMENT: Adjourned to 9/29/09 at 3:00 p.m. (Signed by Judge Alvin K. Hellerstein on 8/26/09) (dle) (Entered: 08/26/2009)

09/14/2009

51 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles J. Ha dated 9/10/2009 re: Counsel for defendant PKF Hong Kong writes requesting that the Court extend the time for Defendant PKF's to respond to the Amended Complaint to November 5, 2009, and that Plaintiffs' opposition to any Rule 12 motion to dismiss that PKF Hong Kong files in lieu of an answer be due on December 17, 2009, 45 after the motion, and that Defendant's reply be due on January 18, 2010, the first business day following 30 days after the opposition. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 9/11/2009) (tve) (Entered: 09/14/2009)

09/15/2009

52 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher Harris dated 9/14/09 re: Counsel for Defendant Latham & Watkins represents Defendant BDO Ltd., write to request a modified deadline to respond to the Amended Complaint and a modified briefing schedule for any Rule 12 motion that may be filed in lieu of an answer as follows: Defendant BDO Ltd. to respond to the Amended Complaint by 11/19/09, Plaintiffs' opposition to any Rule 12 motion to dismiss filed by BDO Ltd. in lieu of an answer shall be due 1/4/2010, and Defendant's reply shall be due on 2/3/2010. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 9/14/09) (tro) (Entered: 09/15/2009)

09/15/2009

  

Set Deadlines/Hearings:BDO McCabe Lo Limited Certified Public Accountants answer due 11/19/2009. Replies due by 2/3/2010. Responses due by 1/4/2010 (tro) (Entered: 09/15/2009)

09/22/2009

53 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles J. Ha dated 9/18/09 re: Counsel respectfully request that the Court extend the time for Defendant PKF Hong Kong to respond to the Amended Complaint to 11/19/09, that Plaintiffs' opposition to any Rule 12 motion to dismiss that PKF Hong Kong files in lieu of an answer be due on 1/4/2010, and that Defendant's reply be due on 2/3/2010. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 9/21/09) (tro) (Entered: 09/22/2009)

09/30/2009

54 

SUMMARY ORDER, that the motion of Defendant BDO Seidman, LLP is granted with prejudice. The motion of defendant PKF New York, Certified Public Accountants, a Professional Corporation, is granted without prejudice. Plaintiffs have leave to replead their claim against PKF New York, Certified Public Accountants, a Professional Corporation by October 29, 2009. The Clerk shall mark the motions (Docs. #26 and 40) as terminated. (Signed by Judge Alvin K. Hellerstein on 9/30/09) (pl) (Entered: 09/30/2009)

10/06/2009

56 

MOTION for Daniel J. Tyukody, Jr. to Appear Pro Hac Vice. Document filed by PKF Hong Kong, Certified Public Accountants.(mro) (Entered: 10/09/2009)

10/06/2009

57 

MOTION for Michael C. Tu to Appear Pro Hac Vice. Document filed by PKF Hong Kong, Certified Public Accountants.(mro) (Entered: 10/09/2009)

10/07/2009

55 

SUMMONS RETURNED EXECUTED. BDO McCabe Lo Limited Certified Public Accountants served on 8/27/2009, answer due 11/19/2009. Service was accepted by Ms. Yip. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 10/07/2009)

10/15/2009

  

CASHIERS OFFICE REMARK on 57 Motion to Appear Pro Hac Vice, 56 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 10/06/2009, Receipt Number 702413. (jd) (Entered: 10/15/2009)

10/15/2009

58 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 57 Motion for Michael C. Tu to Appear Pro Hac Vice. Michael C. Tu is admitted to practice pro hac vice as counsel for Defendant PKF Hong Kong, Certified Public Accountants in the above-captioned case. (Signed by Judge Alvin K. Hellerstein on 10/15/09) (tro) (Entered: 10/15/2009)

10/15/2009

59 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 56 Motion for Daniel J. Tyukody, Jr. to Appear Pro Hac Vice. Daniel J. Tyukody, Jr. is admitted to practice pro hac vice as counsel for Defendant PKF Hong Kong, Certified Public Accountants in the above-captioned case. (Signed by Judge Alvin K. Hellerstein on 10/15/09) (tro) (Entered: 10/15/2009)

10/15/2009

  

Transmission to Attorney Admissions Clerk. Transmitted re: 59 Order on Motion to Appear Pro Hac Vice, 58 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 10/15/2009)

10/16/2009

60 

TRANSCRIPT of proceedings held on 9/29/09 before Judge Alvin K. Hellerstein. (ldi) (Entered: 10/19/2009)

10/19/2009

61 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Charles J. Ha dated 10/15/09 re: Request for the following schedule: Defendants' response to the 2nd Amended Complaint - 12/14/09; Opposition due 1/28/10; reply due 2/26/10. ENDORSEMENT: Schedule is accepted., PKF New York, Certified Public Accountants answer due 12/14/2009; PKF Hong Kong, Certified Public Accountants answer due 12/14/2009; BDO McCabe Lo Limited Certified Public Accountants answer due 12/14/2009; BDO Seidman, LLP answer due 12/14/2009; China Expert Technology, Inc. answer due 12/14/2009.( Motions due by 12/14/2009. Replies due by 2/26/2010., Responses due by 1/28/2010) (Signed by Judge Alvin K. Hellerstein on 10/19/09) (db) (Entered: 10/19/2009)

10/26/2009

62 

SUMMONS RETURNED EXECUTED. PKF Hong Kong, Certified Public Accountants served on 8/31/2009, answer due 12/14/2009. Service was accepted by Fanny Szeto, Secretary. Document filed by CXTI Investors. (Kim, Phillip) (Entered: 10/26/2009)

10/28/2009

64 

TRANSCRIPT of proceedings held on 9/29/09 before Judge Alvin K. Hellerstein. (ldi) (Entered: 11/03/2009)

10/29/2009

63 

SECOND AMENDED COMPLAINT amending 24 Amended Complaint, against PKF New York, Certified Public Accountants, PKF Hong Kong, Certified Public Accountants, BDO Seidman, LLP, China Expert Technology, Inc.. Document filed by Joseph Nunn, Basil Hantash, Anna Hantash, Kenneth Price, Carlos Munoz. Related document: 24 Amended Complaint, filed by Carlos Munoz.(dle) (Entered: 10/30/2009)

12/07/2009

65 

MOTION for Peter A. Wald to Appear Pro Hac Vice. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(mro) (Entered: 12/09/2009)

12/07/2009

66 

MOTION for James J. Farrell to Appear Pro Hac Vice. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(mro) (Entered: 12/09/2009)

12/14/2009

67 

MOTION to Dismiss Second Amended Complaint. Document filed by PKF Hong Kong, Certified Public Accountants. Responses due by 1/28/2010 (Attachments: # 1 Text of Proposed Order)(Tu, Michael) (Entered: 12/14/2009)

12/14/2009

68 

DECLARATION of Charles J. Ha in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Tu, Michael) (Entered: 12/14/2009)

12/14/2009

69 

NOTICE of /Request For Judicial Notice In Support Of Defendant PKF Hong Kong's Motion To Dismiss The Second Amended Complaint re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 12/14/2009)

12/14/2009

70 

MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 12/14/2009)

12/14/2009

71 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(Smith, Cameron) (Entered: 12/14/2009)

12/14/2009

72 

MOTION to Dismiss Plaintiffs' Second Amended Complaint. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(Hickey, Elizabeth) (Entered: 12/14/2009)

12/14/2009

73 

MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Hickey, Elizabeth) (Entered: 12/14/2009)

12/14/2009

74 

DECLARATION of Elizabeth H. Hickey in Support re: 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Hickey, Elizabeth) (Entered: 12/14/2009)

12/14/2009

75 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

76 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

77 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Cameron Smith in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

78 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joseph Fok in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

79 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Xixin Wang in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit G)(Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

80 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Johnson Kong in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

81 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Derek Wan in Support re: 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) Modified on 12/16/2009 (jar). (Entered: 12/14/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 76 Memorandum of Law in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 77 Declaration in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 78 Declaration in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 79 Declaration in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 80 Declaration in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/14/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 81 Declaration in Support of Motion. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/15/2009

82 

ORDER granting 65 Motion for Peter A. Wald to Appear Pro Hac Vice for BDO McCabe Lo Limited Certified Public Accountants.(Signed by Judge Alvin K. Hellerstein on 12/11/2009) (jmi) (Entered: 12/15/2009)

12/15/2009

83 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Daniel R. Walfish dated 12/11/09 re: I am writing to request respectfully that your Honor "So order" the withdrawal of my appearance in the above-referenced matter. After today I will no longer be associated with this law firm, which continues to represent BDO Seidman, LLP. ENDORSEMENT: So Ordered. Attorney Daniel Robert Walfish terminated. (Signed by Judge Alvin K. Hellerstein on 12/14/09) (db) (Entered: 12/15/2009)

12/15/2009

84 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from William J. Kelly dated 12/14/09 re: Request by defendant PKF New York for an extension of time until 12/16/09 to respond to the second amended complaint. ENDORSEMENT: So Ordered. PKF New York, Certified Public Accountants answer due 12/16/2009. (Signed by Judge Alvin K. Hellerstein on 12/15/09) (db) (Entered: 12/15/2009)

12/15/2009

85 

ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE: Pursuant to Local Civil Rule 1.3(c) of this Court, James J. Farrell of the State of California bar is admitted pro hac vice to practice before this Court as counsel for BDO Limited in these proceedings. ORDER granting 66 Motion for James J. Farrell to Appear Pro Hac Vice for BDO McCabe Lo Limited Certified Public Accountants. (Signed by Judge Alvin K. Hellerstein on 12/15/09) (db) (Entered: 12/15/2009)

12/15/2009

  

Transmission to Attorney Admissions Clerk. Transmitted re: 85 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 12/15/2009)

12/15/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Cameron Smith to RE-FILE Document 75 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens. ERROR(S): Party omission error. Each party associated with a document must be selected in the Select Filer screen by holding down the "ctrl" key and clicking on each party with the mouse. (jar) (Entered: 12/16/2009)

12/16/2009

86 

MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants.(Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

87 

MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

88 

DECLARATION of Cameron Smith in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

89 

DECLARATION of Joseph Fok in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

90 

DECLARATION of Dr. Xixin Wang in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit G)(Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

91 

DECLARATION of Johnson Kong in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

92 

DECLARATION of Derek Wan in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Smith, Cameron) (Entered: 12/16/2009)

12/16/2009

93 

MOTION to Dismiss Second Amended Complaint. Document filed by PKF New York, Certified Public Accountants. Responses due by 1/28/2010(Kelly, William) (Entered: 12/16/2009)

12/16/2009

94 

DECLARATION of William J. Kelly, Esq. in Support re: 93 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 12/16/2009)

12/16/2009

95 

MEMORANDUM OF LAW in Support re: 93 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 12/16/2009)

12/21/2009

96 

MEMO ENDORSEMENT ON NOTICE OF MOTION TO ADMIT COUNSEL(JAMES J. FARRELL) PRO HAC VICE. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/11/09) (dle) (Entered: 12/21/2009)

12/23/2009

  

CASHIERS OFFICE REMARK on 65 Motion to Appear Pro Hac Vice, 66 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/07/2009, Receipt Number 707935. (jd) (Entered: 12/23/2009)

01/28/2010

97 

MEMORANDUM OF LAW in Opposition re: 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint. Opposing BDO's MTD. Document filed by Carlos Munoz. (Brown, Timothy) (Entered: 01/28/2010)

01/28/2010

98 

MEMORANDUM OF LAW in Opposition re: 67 MOTION to Dismiss Second Amended Complaint. MOL opp. PKF HK's MTD. Document filed by Carlos Munoz. (Brown, Timothy) (Entered: 01/28/2010)

01/28/2010

99 

MEMORANDUM OF LAW in Opposition re: 93 MOTION to Dismiss Second Amended Complaint. MOL opp. PKF NY's MTD. Document filed by Carlos Munoz. (Brown, Timothy) (Entered: 01/28/2010)

01/28/2010

100 

MEMORANDUM OF LAW in Opposition re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by Carlos Munoz. (Brown, Timothy) (Entered: 01/28/2010)

01/28/2010

101 

DECLARATION of Timothy W. Brown in Opposition re: 93 MOTION to Dismiss Second Amended Complaint., 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens., 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint., 67 MOTION to Dismiss Second Amended Complaint.. Document filed by Carlos Munoz. (Attachments: # 1 Exhibit 1 (part 1), # 2 Exhibit 1 (part 2), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Brown, Timothy) (Entered: 01/28/2010)

01/28/2010

102 

DECLARATION of Joseph W. Dellapenna in Opposition re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by Carlos Munoz. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Brown, Timothy) (Entered: 01/28/2010)

02/19/2010

103 

ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Cameron Smith dated 2/16/2010 re: Counsel for BDO Limited and PKF Hong Kong to request a two week continuance of the deadline to file reply briefs in support of our motions to dismiss, which are currently scheduled to be filed on or before February 26, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/19/2010) (js) (Entered: 02/22/2010)

02/22/2010

104 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Thomas R. Manisero dated 2/19/2010 re: Requesting that this Court extend the time for PKF New York to file its reply brief in support of its motion to dismiss. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/22/2010) (jpo) (Entered: 02/22/2010)

02/25/2010

105 

NOTICE OF CHANGE OF ADDRESS by Charles John. Ha on behalf of PKF Hong Kong, Certified Public Accountants. New Address: Orrick, Herrington & Sutcliffe LLP, 701 Fifth Avenue, Suite 5600, Seattle, WA, USA 98104, 206-839-4300. (Ha, Charles) (Entered: 02/25/2010)

03/10/2010

106 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Elizabeth H. Hickey dated 3/5/10 re: Counsel requests that the Court relieve her as counsel for BDO, and that the official court docket be amended to reflect this change. ENDORSEMENT: The Clerk shall withdraw Ms. Hickey's appearance as counsel. (Signed by Judge Alvin K. Hellerstein on 3/10/10) (djc) (Entered: 03/11/2010)

03/12/2010

107 

RESPONSE in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens. Conditional Consent to Jurisdiction of PKF, Certified Public Accountants, A Professional Corporation. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 03/12/2010)

03/12/2010

108 

REPLY MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 03/12/2010)

03/12/2010

109 

DECLARATION of Charles J. Ha in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit F, # 2 Exhibit G)(Tu, Michael) (Entered: 03/12/2010)

03/12/2010

110 

REPLY MEMORANDUM OF LAW in Support re: 93 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 03/12/2010)

03/12/2010

111 

DECLARATION of William J. Kelly in Support re: 93 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 03/12/2010)

03/12/2010

112 

DECLARATION of Derek Wan in Support re: 93 MOTION to Dismiss Second Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 03/12/2010)

03/12/2010

113 

REPLY MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Farrell, James) (Entered: 03/12/2010)

03/12/2010

114 

DECLARATION of Anderson Chow, SC in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K, # 5 Exhibit L, # 6 Exhibit M, # 7 Exhibit N, # 8 Exhibit O, # 9 Exhibit P)(Farrell, James) (Entered: 03/12/2010)

03/12/2010

115 

DECLARATION of Dr. Xixin Wang in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Farrell, James) (Entered: 03/12/2010)

03/12/2010

116 

DECLARATION of Cameron Smith in Support re: 86 MOTION to Dismiss the Second Amended Complaint on Grounds of Forum Non Conveniens.. Document filed by PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit Q, # 2 Exhibit R, # 3 Exhibit S, # 4 Exhibit T, # 5 Exhibit U, # 6 Exhibit V)(Farrell, James) (Entered: 03/12/2010)

03/12/2010

117 

REPLY MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Farrell, James) (Entered: 03/12/2010)

03/12/2010

118 

DECLARATION of James J. Farrell in Support re: 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit K)(Farrell, James) (Entered: 03/12/2010)

03/24/2010

119 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Timothy W. Brown dated 3/23/2010 re: Requesting that the Court permit Plaintiffs to make a sur reply in opposition to Defendants' FNC Motion by May 5, 2010, which is 43 days from today's date. ENDORSEMENT: Denied. The issue can be raised at oral argument. Oral will be held April 15, 2010, at 3:00 p.m. (Signed by Judge Alvin K. Hellerstein on 3/24/2010) (jpo) (Entered: 03/25/2010)

04/16/2010

120 

SUMMARY ORDER that for the reasons stated on the record, Defendants' 12(b)(6) motion is granted and the complaint is dismissed without prejudice. Plaintiff has leave to replead by 5/28/10. Defendants' motion to dismiss on the ground of forum non conveniens is denied without prejudice to later submission. The Clerk shall mark the motions (Doc. Nos. 67,72,86 and 93) as terminated. So Ordered. (Signed by Judge Alvin K. Hellerstein on 4/16/10) (cd) (Entered: 04/16/2010)

04/26/2010

121 

TRANSCRIPT of proceedings held on 4/15/2010 before Judge George B. Daniels. (jfe) (Entered: 04/26/2010)

05/28/2010

122 

THIRD AMENDED COMPLAINT amending 63 Amended Complaint, against PKF New York, Certified Public Accountants, PKF Hong Kong, Certified Public Accountants, BDO McCabe Lo Limited Certified Public Accountants, China Expert Technology, Inc. Document filed by Carlos Munoz, Joseph Nunn, Basil Hantash, Anna Hantash, Kenneth Price. Related document: 63 Amended Complaint, filed by Kenneth Price, Joseph Nunn, Carlos Munoz, Anna Hantash, Basil Hantash. (Received in the night deposit box on 5/28/10at 4:49pm)(mro) (Entered: 06/01/2010)

06/04/2010

123 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Cameron Smith dated 6/2/2010 re: Counsel proposes the following briefing schedule: Defendants' date to respond to the third amended complaint will be 7/27/2010; Plaintiff's opposition to defendants' motions will be due by 9/27/2010; Defendants' reply in support of motions will be due by 10/27/2010. ENDORSEMENT: So ordered. PKF New York, Certified Public Accountants answer due 7/27/2010; PKF Hong Kong, Certified Public Accountants answer due 7/27/2010; BDO McCabe Lo Limited Certified Public Accountants answer due 7/27/2010; China Expert Technology, Inc. answer due 7/27/2010. (Replies due by 10/27/2010. Responses due by 7/27/2010) (Signed by Judge Alvin K. Hellerstein on 6/3/2010) (tro) Modified on 6/7/2010 (tro). (Entered: 06/04/2010)

07/27/2010

124 

MOTION to Dismiss The Third Amended Complaint. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Text of Proposed Order)(Tu, Michael) (Entered: 07/27/2010)

07/27/2010

125 

DECLARATION of Charles J. Ha in Support re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Tu, Michael) (Entered: 07/27/2010)

07/27/2010

126 

NOTICE of /Request For Judicial Notice In Support Of Defendant PKF Hong Kong's Motion To Dismiss The Third Amended Complaint re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 07/27/2010)

07/27/2010

127 

MEMORANDUM OF LAW in Support re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 07/27/2010)

07/27/2010

128 

MOTION to Dismiss the Third Amended Complaint. Document filed by PKF New York, Certified Public Accountants. Responses due by 9/27/2010(Kelly, William) (Entered: 07/27/2010)

07/27/2010

129 

MEMORANDUM OF LAW in Support re: 128 MOTION to Dismiss the Third Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 07/27/2010)

07/27/2010

130 

MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(Farrell, James) (Entered: 07/27/2010)

07/27/2010

131 

MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Farrell, James) (Entered: 07/27/2010)

07/27/2010

132 

DECLARATION of Matthew L. Kutcher in Support re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Farrell, James) (Entered: 07/27/2010)

09/27/2010

133 

MEMORANDUM OF LAW in Opposition re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint., 128 MOTION to Dismiss the Third Amended Complaint., 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by Joseph Nunn. (Brown, Timothy) (Entered: 09/27/2010)

09/27/2010

134 

DECLARATION of Timothy W. Brown in Opposition re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint., 128 MOTION to Dismiss the Third Amended Complaint., 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by Joseph Nunn. (Brown, Timothy) (Entered: 09/27/2010)

09/27/2010

135 

DECLARATION of Timothy W. Brown in Opposition re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint., 124 MOTION to Dismiss The Third Amended Complaint., 128 MOTION to Dismiss the Third Amended Complaint.. Document filed by Anna Hantash, Basil Hantash, Carlos Munoz, Joseph Nunn, Kenneth Price. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, part 1 of 2, # 3 Exhibit 2, part 2 of 2, # 4 Exhibit 3, part 1 of 2, # 5 Exhibit 3, part 2 of 2, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Brown, Timothy) (Entered: 09/27/2010)

10/27/2010

136 

REPLY MEMORANDUM OF LAW in Support re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 10/27/2010)

10/27/2010

137 

DECLARATION of Charles J. Ha in Support re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit F)(Tu, Michael) (Entered: 10/27/2010)

10/27/2010

138 

NOTICE of /Request For Judicial Notice In Support Of Defendant PKF Hong Kong's Reply Memorandum Of Law In Support Of Its Motion To Dismiss The Third Amended Complaint re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 10/27/2010)

10/27/2010

139 

REPLY MEMORANDUM OF LAW in Support re: 128 MOTION to Dismiss the Third Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 10/27/2010)

10/27/2010

140 

NOTICE of Errata re: 137 Declaration in Support of Motion, 138 Notice (Other), Notice (Other), 136 Reply Memorandum of Law in Support of Motion. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 10/27/2010)

10/27/2010

141 

REPLY MEMORANDUM OF LAW re: 124 MOTION to Dismiss The Third Amended Complaint. Corrected Reply Memorandum of Law re 124 . Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 10/27/2010)

10/27/2010

142 

NOTICE of Corrected Notice of/Request for Judicial Notice re 124 re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 10/27/2010)

10/27/2010

143 

REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants. (Farrell, James) (Entered: 10/27/2010)

10/27/2010

144 

DECLARATION of Charles J. Ha in Support re: 124 MOTION to Dismiss The Third Amended Complaint.. Document filed by PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit H)(Ha, Charles) (Entered: 10/27/2010)

10/29/2010

145 

NOTICE of Attorney Address Change for Laurence Rosen, Phillip Kim, Timothy Brown. Document filed by Anna Hantash, Basil Hantash, Carlos Munoz, Joseph Nunn, Kenneth Price. (Rosen, Laurence) (Entered: 10/29/2010)

11/11/2010

146 

MOTION Request for Judicial Notice re: 143 Reply Memorandum of Law in Support of Motion, 136 Reply Memorandum of Law in Support of Motion. Document filed by Carlos Munoz. (Attachments: # 1 Text of Proposed Order, # 2 Delclaration of Timothy W. Brown, # 3 Exhibit 9, # 4 Exhibit 10)(Brown, Timothy) (Entered: 11/11/2010)

11/15/2010

147 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Timothy W. Brown dated 11/11/2010 re: Plaintiffs respectfully request that the Court permit plaintiffs to make their proposed sur reply in opposition to defendants' motions to dismiss by 11/16/2010. ENDORSEMENT: Denied. make the application at the argument. So Ordered. (Signed by Judge Alvin K. Hellerstein on 11/15/2010) (jfe) (Entered: 11/15/2010)

11/17/2010

148 

JOINT MEMORANDUM OF LAW in Opposition re: 146 MOTION Request for Judicial Notice re: 143 Reply Memorandum of Law in Support of Motion, 136 Reply Memorandum of Law in Support of Motion. MOTION Request for Judicial Notice re: 143 Reply Memorandum of Law in Support of Motion, 136 Reply Memorandum of Law in Support of Motion. PKF Hong Kong's and BDO Limited's Memorandum of Law in Opposition to Lead Plaintiffs' Request for Judicial Notice. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Farrell, James) (Entered: 11/17/2010)

01/20/2011

149 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael C. Tu dated 1/19/2011 re: The proposed dates for the Court's hearing on defendants' motion to dismiss are 2/3, 2/7 and 2/10/2011. ENDORSEMENT: Oral argument shall proceed on February 10, 2011 at 11:30 am. Unless otherwise notified, the parties shall appear for argument in Courtroom 6A. (Signed by Judge Alvin K. Hellerstein on 1/20/2011) (jpo) (Entered: 01/20/2011)

02/10/2011

150 

SUMMARY ORDER: Upon receipt of Plaintiffs Fourth Amended Complaint, the Court shall hold a conference with the parties to consider whether Plaintiff has pleaded a sufficient complaint and, if so, to establish procedures for moving forward with the case. Contrary to comments e"changed between the parties and the Court at the argument, this conference shall be held April 14,2011, at 2:15pm. The conference shall be held in Courtroom 14D. In light of this disposition, the pending motion to take judicial notice is denied as moot. The Clerk shall terminate the motions (Doc. Nos. 124, 128, 130, and 146).. (Signed by Judge Alvin K. Hellerstein on 2/10/2011) (jpo) (Entered: 02/10/2011)

02/10/2011

  

Set Deadlines/Hearings: Status Conference set for 4/14/2011 at 02:15 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (jpo) (Entered: 02/10/2011)

02/10/2011

  

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 2/10/2011. Status Conference on the record is set for 4/19/2011 at 02:15 PM before Judge Alvin K. Hellerstein. (mro) (Entered: 02/17/2011)

04/04/2011

151 

FOURTH AMENDED COMPLAINT amending 122 Amended Complaint,, against BDO McCabe Lo Limited Certified Public Accountants, BDO Seidman, LLP, China Expert Technology, Inc., PKF Hong Kong, Certified Public Accountants, PKF New York, Certified Public Accountants with JURY DEMAND.Document filed by Joseph Nunn, Carlos Munoz, Basil Hantash, Kenneth Price, Bashar Hantash, Anna Hantash. Related document: 122 Amended Complaint,, filed by Kenneth Price, Joseph Nunn, Carlos Munoz, Anna Hantash, Basil Hantash.(rdz) (rdz). (Entered: 04/05/2011)

04/05/2011

  

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Laurence Matthew Rosen for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 24 Amended Complaint, to: case_openings@nysd.uscourts.gov. (rdz) (Entered: 04/05/2011)

05/06/2011

152 

JOINT MOTION to Dismiss the Fourth Amended Complaint. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Text of Proposed Order)(Tu, Michael) (Entered: 05/06/2011)

05/06/2011

153 

DECLARATION of Charles J. Ha in Support re: 152 JOINT MOTION to Dismiss the Fourth Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Tu, Michael) (Entered: 05/06/2011)

05/06/2011

154 

NOTICE of /Request For Judicial Notice In Support Of Defendants PKF Hong Kong And BDO Limited's Joint Motion To Dismiss The Fourth Amended Complaint re: 152 JOINT MOTION to Dismiss the Fourth Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 05/06/2011)

05/06/2011

155 

MEMORANDUM OF LAW in Support re: 152 JOINT MOTION to Dismiss the Fourth Amended Complaint.. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Tu, Michael) (Entered: 05/06/2011)

05/06/2011

156 

MOTION to Dismiss. Document filed by PKF New York, Certified Public Accountants.(Kelly, William) (Entered: 05/06/2011)

05/06/2011

157 

DECLARATION of William J. Kelly in Support re: 156 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 05/06/2011)

05/06/2011

158 

MEMORANDUM OF LAW in Support re: 156 MOTION to Dismiss.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 05/06/2011)

07/19/2011

159 

MEMO ENDORSEMENT denying 152 Motion to Dismiss. The motion is denied. Enough has been alleged to make a plausible claim for relief. The parties shall appear for a status conference on Friday, August 5, at 10:00 am. The Clerk shall terminate the Motion (Doc. No. 152). So ordered. (Signed by Judge Alvin K. Hellerstein on 7/18/2011) (mro) (Entered: 07/19/2011)

07/19/2011

  

Set Deadlines/Hearings: Status Conference set for 8/5/2011 at 10:00 AM before Judge Alvin K. Hellerstein. (mro) (Entered: 07/19/2011)

07/19/2011

160 

MEMO ENDORSEMENT denying 156 Motion to Dismiss. The motion is denied. Enough has been alleged to make out a plausible claim for relief. The parties shall appear for a status conference on Friday, August 5, 2011, at 10:00 am. The Clerk shall terminate the motion (Doc. No. 156). So ordered. (Signed by Judge Alvin K. Hellerstein on 7/18/2011) (mro) (Entered: 07/19/2011)

08/01/2011

161 

MOTION for Reconsideration or in the Alternative., MOTION for Certificate of Appealability of the Order Dated July 19, 2011. Document filed by PKF New York, Certified Public Accountants.(Kelly, William) (Entered: 08/01/2011)

08/01/2011

162 

DECLARATION of William J. Kelly in Support re: 161 MOTION for Reconsideration or in the Alternative. MOTION for Certificate of Appealability of the Order Dated July 19, 2011.. Document filed by PKF New York, Certified Public Accountants. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Kelly, William) (Entered: 08/01/2011)

08/01/2011

163 

MEMORANDUM OF LAW in Support re: 161 MOTION for Reconsideration or in the Alternative. MOTION for Certificate of Appealability of the Order Dated July 19, 2011.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 08/01/2011)

08/02/2011

164 

NOTICE OF APPEARANCE by Gregory Joseph Bautista on behalf of PKF New York, Certified Public Accountants (Bautista, Gregory) (Entered: 08/02/2011)

08/02/2011

165 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein, from James J. Farrell dated 7/29/2011 re: Counsel respectfully request that the Court approve the revised deadline of 9/16/11 for each defendant to serve an answer. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/1/2011) (jfe) (Entered: 08/02/2011)

08/05/2011

  

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 8/5/2011. (mbe) (Entered: 08/05/2011)

08/09/2011

166 

MEMO ENDORSEMENT on 163 MEMORANDUM OF LAW in Support re: 161 MOTION for Reconsideration or in the Alternative. MOTION for Certificate of Appealability of the Order Dated July 19, 2011; granting 161 Motion for Reconsideration. ENDORSEMENT: Rehearing granted, on basis of Janis Capital, U.S. Sup. Ct. PKF NY, June 13, 2011. Def'ts brief shall be filed by 8/26/11; Pl's brief by 9/16/11; Reply brief by 9/23/11. (Signed by Judge Alvin K. Hellerstein on 8/5/2011) (tro) (Entered: 08/10/2011)

08/09/2011

  

Set/Reset Deadlines: Brief due by 9/16/2011. Replies due by 9/23/2011. (tro) (Entered: 08/10/2011)

08/12/2011

167 

NOTICE OF WITHDRAWAL OF APPEARANCE OF DANIEL TYUKODY: PLEASE TAKE FURTHER NOTICE that Michael Til. Steven Fink:, and Charles Ha of Orrick, Herrington & Sutcliffe LLP continue to represent Defendant as counsel of record in the above-captioned matter. This withdrawal of appearance applies only to Mr. Tyukody. who is no longer associated with the firm. (Signed by Judge Alvin K. Hellerstein on 8/11/2011) (js) (Entered: 08/12/2011)

08/26/2011

168 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF in response to the Court's request for analysis on taking evidence abroad. Document filed by Carlos Munoz. (Attachments: # 1 Affidavit Declaration of Jonathan Horne, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Rosen, Laurence) Modified on 8/29/2011 (ka). (Entered: 08/26/2011)

08/26/2011

169 

MOTION to Dismiss the Fourth Amended Complaint. Document filed by PKF New York, Certified Public Accountants.(Bautista, Gregory) (Entered: 08/26/2011)

08/26/2011

170 

DECLARATION of William J. Kelly in Support re: 169 MOTION to Dismiss the Fourth Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Bautista, Gregory) (Entered: 08/26/2011)

08/26/2011

171 

MEMORANDUM OF LAW in Support re: 169 MOTION to Dismiss the Fourth Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Bautista, Gregory) (Entered: 08/26/2011)

08/26/2011

172 

NOTICE OF CHANGE OF ADDRESS by Laurence Matthew Rosen on behalf of Anna Hantash, Bashar Hantash, Basil Hantash, Carlos Munoz, Joseph Nunn, Kenneth Price. New Address: The Rosen Law Firm, P.A., 275 Madison Avenue, 34th Floor, New York, New York, United States 10016, (212) 686-1060. (Rosen, Laurence) (Entered: 08/26/2011)

08/29/2011

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Laurence Matthew Rosen to RE-FILE Document 168 Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers.***NOTE: Please file attached declaration separately. Modified on 8/29/2011 (ka). (Entered: 08/29/2011)

09/16/2011

173 

ANSWER to 151 Amended Complaint,, with JURY DEMAND. Document filed by PKF Hong Kong, Certified Public Accountants.(Tu, Michael) (Entered: 09/16/2011)

09/16/2011

174 

MEMORANDUM OF LAW in Opposition re: 169 MOTION to Dismiss the Fourth Amended Complaint.. Document filed by Carlos Munoz. (Brown, Timothy) (Entered: 09/16/2011)

09/16/2011

175 

ANSWER to 151 Amended Complaint,, with JURY DEMAND. Document filed by BDO McCabe Lo Limited Certified Public Accountants.(Farrell, James) (Entered: 09/16/2011)

09/19/2011

176 

MEMORANDUM OF LAW outlining Plaintiffs' proposed approach to taking evidence abroad in response to Court's request. Document filed by Carlos Munoz. (Rosen, Laurence) (Entered: 09/19/2011)

09/19/2011

177 

DECLARATION of Jonathan Horne re: 176 Memorandum of Law. Document filed by Carlos Munoz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Rosen, Laurence) (Entered: 09/19/2011)

09/23/2011

178 

REPLY MEMORANDUM OF LAW in Support re: 169 MOTION to Dismiss the Fourth Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 09/23/2011)

09/23/2011

179 

REPLY AFFIRMATION of William J. Kelly in Support re: 169 MOTION to Dismiss the Fourth Amended Complaint.. Document filed by PKF New York, Certified Public Accountants. (Kelly, William) (Entered: 09/23/2011)

10/07/2011

180 

RESPONSE re: 176 Memorandum of Law -- Defendants PKF Hong Kong and BDO Limited's Joint Memorandum of Law in Response to Plaintiffs' Brief Regarding Discovery. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Farrell, James) (Entered: 10/07/2011)

10/07/2011

181 

DECLARATION of Wendy P. Harper. Document filed by BDO McCabe Lo Limited Certified Public Accountants, PKF Hong Kong, Certified Public Accountants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Farrell, James) (Entered: 10/07/2011)

10/17/2011

182 

REPLY MEMORANDUM OF LAW in Support re: 176 Memorandum of Law. Document filed by Carlos Munoz. (Horne, Jonathan) (Entered: 10/17/2011)

11/07/2011

183 

ORDER DENYING DEFENDANT PKF NEW YORK'S MOTION TO DISMISS THE FOURTH AMENDED COMPLAINT: denying 169 Motion to Dismiss. The motion to dismiss is denied. There are issues of fact that require further discovery, and perhaps trial. (Signed by Judge Alvin K. Hellerstein on 11/4/2011) (lmb) (Entered: 11/07/2011)

11/07/2011

184 

ORDER REGULATING DISCOVERY: I have reviewed the parties' memoranda recommending how discovery should proceed. I rule as follows: Rules 33 and 34 interrogatories and requests to produce shall be served upon the parties, pursuant to a schedule requiring: a. Service within 20 days from this order; b. Responses 30 days thereafter; c. Answers to interrogatories and production of documents 60 days after service (Paragraph 1a, above) d. Production will be made, to the extent practical, in strict conformity to Federal and Local Rules, in searchable, electronic format, at the offices of requesting counsel. e. Disputes will be tendered to me promptly, using the procedures of individual Rule 2E as set forth in this order. (Signed by Judge Alvin K. Hellerstein on 11/4/2011) (lmb) (Entered: 11/07/2011)

11/18/2011

185 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from William J. Kelly dated 11/17/2011 re: Counsel requests that the Court approve the revised deadline of December 5, 2011 for PKF NY to serve an answer. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 11/18/2011) (djc) (Entered: 11/18/2011)

11/30/2011

186 

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Phillip Kim dated 11/28/2011 re: Counsel submits this joint letter setting forth the parties proposal relating to certain discovery items and class certification pursuant to the Court's 11/7/11 discovery Order. ENDORSEMENT: I will meet with counsel Friday, Dec. 2, 2011 at 11:00 a.m. To resolve this disputes. ( Status Conference set for 12/2/2011 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/30/2011) (jfe) (Entered: 11/30/2011)

12/02/2011

187 

Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/2/2011. Motions by 3/30/12; response by 4/13/12; reply by 4/19/12; Hearing set for 5/1/12 @ 10:30 am. ( Motions due by 3/30/2012., Replies due by 4/19/2012., Responses due by 4/13/2012.), ( Status Conference set for 5/1/2012 at 10:30 AM before Judge Alvin K. Hellerstein.) (lmb) (Entered: 12/02/2011)

12/05/2011

188 

ANSWER to 151 Amended Complaint,, with JURY DEMAND. Document filed by PKF New York, Certified Public Accountants.(Bautista, Gregory) (Entered: 12/05/2011)

12/05/2011

189 

SUMMARY ORDER: On December 2, 2011, a conference was held regarding certain scheduling issues. Plaintiffs shall file any expert report by January 20, 2012. Defendants shall file any expert report by February 17, 2012. No rebuttal expert report shall be filed. All expert depositions and all discovery regarding class certification shall be completed by March 16, 2012. Plaintiffs' motion for class certification shall be filed by March 30, 2012, with Defendants' opposition to be filed by April 13, 2012 and Plaintiffs' reply to be filed by April 19, 2012. A hearing regarding Plaintiffs' motion for class certification shall be held May 1, 2012 at 10:30 a.m. ( Deposition due by 3/16/2012., Discovery due by 3/16/2012., Motions due by 3/30/2012., Responses due by 4/13/2012, Replies due by 4/19/2012.) (Signed by Judge Alvin K. Hellerstein on 12/5/2011 ***as per Chambers***) (mro) (Entered: 12/06/2011)

12/05/2011

  

Set/Reset Deadlines as to Motion Hearing set for 5/1/2012 at 10:30 AM before Judge Alvin K. Hellerstein. (mro) (Entered: 12/06/2011)

12/14/2011

190 

DEFENDANT PKF HONG KONG, CERTIFIED PUBLIC ACCOUNTANTS' NOTICE AND ORDER OF SUBSTITUTION OF COUNSEL: Defendant PKF Hong Kong,Certified Public Accountants ("PKF HK") hereby substitutes Jeffrey R. Burke and Micol O. Sordina of Winston & Strawn LLP, 200 Park Avenue, New York, New York, 10166, Telephone: (212) 294-6700 as its attorneys of record in place of Michael C. Tu, Steven J. Fink and Charles J. Ha, of the law firm of Orrick, Herrington & Sutcliffe LLP, 52 West 52nd Street, New York, New York 10019, Telephone: (212) 506-5000. (Signed by Judge Alvin K. Hellerstein on 12/14/2011) (lmb) (Entered: 12/14/2011)

12/15/2011

191 

NOTICE OF APPEARANCE by Jeffrey Rourke Burke on behalf of PKF Hong Kong, Certified Public Accountants (Burke, Jeffrey) (Entered: 12/15/2011)

12/15/2011

192 

NOTICE OF APPEARANCE by Micol Olimpia Sordina on behalf of PKF Hong Kong, Certified Public Accountants (Sordina, Micol) (Entered: 12/15/2011)

12/15/2011

193 

MOTION for Neal R. Marder to Appear Pro Hac Vice. Document filed by PKF Hong Kong, Certified Public Accountants.(bwa) (Entered: 12/29/2011)

12/30/2011

194 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 193 Motion for Neal R. Marder to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 12/30/2011) (djc) (Entered: 12/30/2011)

01/04/2012

  

CASHIERS OFFICE REMARK on 193 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 12/15/2011, Receipt Number 1024595. (jd) (Entered: 01/04/2012)

 

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