U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:17-cv-01067-LDW-AYS
Cullinan v. Cemtrex, Inc. et al Assigned to: Judge Leonard D. Wexler Referred to: Magistrate Judge Anne Y. Shields Cause: 15:78m(a) Securities Exchange Act Date Filed: 02/24/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Movant Ajith Chennadi represented by Phillip Kim Rosen Law Firm, P.A. P.C. 275 Madison Avenue Suite 3400 New York, NY 10116 212-686-1060 Fax: 212-202-3827 Email: pkim@rosenlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Wei Cao represented by Phillip Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Mark Mitchell represented by Phillip Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Thanh Monat represented by Phillip Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Ben Webb represented by Phillip Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shannon Lee Hopkins Levi & Korsinsky LLP 30 Broad Street 24th Floor New York, NY 10004 212-363-7500 Fax: 212-363-7171 Email: shopkins@zlk.com ATTORNEY TO BE NOTICED Movant Umang Khetarpal represented by Shannon Lee Hopkins (See above for address) ATTORNEY TO BE NOTICED Movant Gang Chen represented by Shannon Lee Hopkins (See above for address) ATTORNEY TO BE NOTICED Movant Timothy Heath represented by Shannon Lee Hopkins (See above for address) ATTORNEY TO BE NOTICED Movant Minh Nguyen represented by Shannon Lee Hopkins (See above for address) ATTORNEY TO BE NOTICED Movant Zarrin Nelson represented by Thomas J. McKenna Gainey McKenna & Egleston 440 Park Avenue South 5th Floor New York, NY 10016 212-983-1300 Fax: 212-983-0383 Email: tjmckenna@gme-law.com ATTORNEY TO BE NOTICED Plaintiff Thomas Cullinan individually and on behalf of all others similarly situated represented by Lesley Frank Portnoy Glancy Prongay & Murray LLP 122 East 42nd Street Suite 2920 New York, NY 10168 212-682-5340 Fax: 212-884-0988 Email: lportnoy@glancylaw.com ATTORNEY TO BE NOTICED Plaintiff Lewis Monteil represented by Steven Bennett Singer Saxena White P.A. 4 West Red Oak Lane Suite 312 White Plains, NY 10604 914-437-8551 Fax: 888-631-3611 Email: ssinger@saxenawhite.com ATTORNEY TO BE NOTICED
V. Defendant Cemtrex, Inc. represented by Douglas W Greene Lane Powell PC 1420 Fifth Ave Suite 4200 Po Box 91302 Seattle, WA 98111 206-223-6103 Fax: 206-223-7107 Email: greened@lanepowell.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Genevieve Graeme York-Erwin Lane Powell PC 1420 Fifth Avenue Suite 4200 Po Box 91302 Seattle, WA 98111 206-223-7437 Fax: 206-223-7107 Email: yorkerwing@lanepowell.com ATTORNEY TO BE NOTICED
Vamshi Reddy Lane Powell PC 601 Sw Second Avenue Suite 2100 Portland, OR 97204 503-778-2169 Fax: 503-778-2200 Email: reddyv@lanepowell.com PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Saagar Govil represented by Douglas W Greene (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Genevieve Graeme York-Erwin (See above for address) ATTORNEY TO BE NOTICED
Vamshi Reddy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Aron Govil represented by Douglas W Greene (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Genevieve Graeme York-Erwin (See above for address) ATTORNEY TO BE NOTICED
Vamshi Reddy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Renato Dela Rama represented by Douglas W Greene (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Genevieve Graeme York-Erwin (See above for address) ATTORNEY TO BE NOTICED
Vamshi Reddy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Interested Party Franck Guerrier
Date Filed # Docket Text 02/24/2017 1 COMPLAINT against Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil filing fee $ 400, receipt number 0207-9319489 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Thomas Cullinan. (Attachments: # 1 Civil Cover Sheet) (Portnoy, Lesley) (Entered: 02/24/2017) 02/24/2017 2 Proposed Summons. Re 1 Complaint, by Thomas Cullinan (Portnoy, Lesley) (Entered: 02/24/2017) 02/27/2017 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 2/27/2017: # 1 Additional Corrections) (McMahon, Carol). (Entered: 02/27/2017) 02/27/2017 Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) (Entered: 02/27/2017) 02/27/2017 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) (Entered: 02/27/2017) 02/27/2017 5 Summons Issued as to All Defendants. (McMahon, Carol) (Entered: 02/27/2017) 03/06/2017 6 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 17-cv-01258. (Flanagan, Doreen) (Entered: 03/06/2017) 03/13/2017 7 MOTION for Leave to Appear Pro Hac Vice of Douglas Greene Filing fee $ 150, receipt number 0207-9362701. by Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Service) (Greene, Douglas) (Entered: 03/13/2017) 03/15/2017 ELECTRONIC ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. So Ordered by Magistrate Judge Anne Y. Shields on 3/15/2017. (Demosthenous, Dina) (Entered: 03/15/2017) 03/16/2017 8 NOTICE of Appearance by Douglas W Greene on behalf of Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil (notification declined or already on case) (Attachments: # 1 Certificate of Service) (Greene, Douglas) (Entered: 03/16/2017) 03/16/2017 9 NOTICE of Appearance by Genevieve Graeme York-Erwin on behalf of All Defendants (aty to be noticed) (Attachments: # 1 Certificate of Service) (York-Erwin, Genevieve) (Entered: 03/16/2017) 04/03/2017 10 Corporate Disclosure Statement by Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil (Greene, Douglas) (Entered: 04/03/2017) 04/03/2017 11 Letter MOTION for Pre Motion Conference by Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil (Greene, Douglas) Modified event type from Letter to Motion on 4/5/2017 (Ortiz, Grisel). (Entered: 04/03/2017) 04/04/2017 12 Letter In Response to Defendants' Letter Application, Dkt. No. 11 by Franck Guerrier (Kim, Phillip) (Entered: 04/04/2017) 04/14/2017 13 MOTION for Leave to Appear Pro Hac Vice of SreeVamshi C. Reddy Filing fee $ 150, receipt number 0207-9452000. by Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Service) (Reddy, Vamshi) (Entered: 04/14/2017) 04/17/2017 ELECTRONIC ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. So Ordered by Magistrate Judge Anne Y. Shields on 4/17/2017. (Demosthenous, Dina) (Entered: 04/17/2017) 04/17/2017 14 NOTICE of Appearance by Vamshi Reddy on behalf of Cemtrex, Inc., Renato Dela Rama, Aron Govil, Saagar Govil (notification declined or already on case) (Reddy, Vamshi) (Entered: 04/17/2017) 04/25/2017 15 MOTION to Appoint Counsel and Lead Plaintiffs by Ajith Chennadi, Wei Cao, Mark Mitchell, Thanh Monat, Ben Webb. (Attachments: # 1 Proposed Order) (Kim, Phillip) (Entered: 04/25/2017) 04/25/2017 16 MEMORANDUM in Support re 15 MOTION to Appoint Counsel and Lead Plaintiffs filed by Wei Cao, Ajith Chennadi, Mark Mitchell, Thanh Monat, Ben Webb. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Kim, Phillip) (Entered: 04/25/2017) 04/25/2017 17 MOTION to Appoint Counsel , Motion for Appointment as Lead Plaintiff, MOTION to Consolidate Cases by Lewis Monteil. (Attachments: # 1 Proposed Order) (Singer, Steven) (Entered: 04/25/2017) 04/25/2017 18 MEMORANDUM in Support re 17 MOTION to Appoint Counsel , Motion for Appointment as Lead Plaintiff MOTION to Consolidate Cases filed by Lewis Monteil. (Singer, Steven) (Entered: 04/25/2017) 04/25/2017 19 AFFIDAVIT/DECLARATION in Support re 17 MOTION to Appoint Counsel , Motion for Appointment as Lead Plaintiff MOTION to Consolidate Cases filed by Lewis Monteil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Singer, Steven) (Entered: 04/25/2017) 04/25/2017 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases by Ben Webb, Umang Khetarpal, Gang Chen, Timothy Heath, Minh Nguyen. (Attachments: # 1 Proposed Order) (Hopkins, Shannon) (Entered: 04/25/2017) 04/25/2017 21 MEMORANDUM in Support re 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases filed by Gang Chen, Timothy Heath, Umang Khetarpal, Minh Nguyen, Ben Webb. (Hopkins, Shannon) (Entered: 04/25/2017) 04/25/2017 22 AFFIDAVIT/DECLARATION in Support re 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases filed by Timothy Heath, Umang Khetarpal, Minh Nguyen, Ben Webb. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Hopkins, Shannon) (Entered: 04/25/2017) 04/25/2017 23 MOTION to Appoint Counsel , MOTION to Consolidate Cases by Zarrin Nelson. (Attachments: # 1 Memorandum in Support, # 2 Affidavit in Support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order) (McKenna, Thomas) (Entered: 04/25/2017) 05/03/2017 24 NOTICE of Motion to Withdraw the 17 MOTION to Appoint Counsel , Motion for Appointment as Lead Plaintiff MOTION to Consolidate Cases Notice of Withdrawal of Motion (Singer, Steven) Modified event type from Notice to Motion on 5/5/2017 (Ortiz, Grisel). (Entered: 05/03/2017) 05/08/2017 25 NOTICE of MOTION to Withdraw 15 MOTION to Appoint Counsel and Lead Plaintiffs, by Wei Cao, Ajith Chennadi, Mark Mitchell, Thanh Monat, Ben Webb (Kim, Phillip) Modified event type from Notice to Motion on 5/9/2017 (Ortiz, Grisel). (Entered: 05/08/2017) 05/09/2017 26 MEMORANDUM in Opposition re 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases filed by Zarrin Nelson. (McKenna, Thomas) (Entered: 05/09/2017) 05/09/2017 27 MEMORANDUM in Opposition re 23 MOTION to Appoint Counsel MOTION to Consolidate Cases filed by Gang Chen, Timothy Heath, Umang Khetarpal, Minh Nguyen, Ben Webb. (Attachments: # 1 Declaration, # 2 Affidavit in Support) (Hopkins, Shannon) (Entered: 05/09/2017) 05/16/2017 28 REPLY in Support re 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases filed by Gang Chen, Timothy Heath, Umang Khetarpal, Minh Nguyen, Ben Webb. (Hopkins, Shannon) (Entered: 05/16/2017) 05/16/2017 29 AFFIDAVIT/DECLARATION in Support re 20 MOTION to Appoint Counsel , MOTION for Appointment as Lead Plaintiff, MOTION to Consolidate Cases filed by Gang Chen, Timothy Heath, Umang Khetarpal, Minh Nguyen, Ben Webb. (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) (Hopkins, Shannon) (Entered: 05/16/2017) 05/16/2017 30 REPLY in Support re 23 MOTION to Appoint Counsel MOTION to Consolidate Cases filed by Zarrin Nelson. (Attachments: # 1 Affidavit in Support, # 2 Exhibit 1, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C) (McKenna, Thomas) (Entered: 05/16/2017) 06/01/2017 31 ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to a randomly selected District Judge. Judge Joan M. Azrack recused. Case reassigned to Judge Leonard D. Wexler for all further proceedings. Ordered by Judge Joan M. Azrack on 6/1/2017. (Florio, Lisa) (Entered: 06/01/2017) 07/17/2017 32 Letter addressed to Judge Leonard D. Wexler from Thomas J. McKenna dated July 17, 2017 re: Supplemental Authority by Zarrin Nelson (Attachments: # 1 Exhibit A) (McKenna, Thomas) (Entered: 07/17/2017) 07/20/2017 33 NOTICE of Appearance by Thomas J. McKenna on behalf of Zarrin Nelson (notification declined or already on case) (McKenna, Thomas) (Entered: 07/20/2017)
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