u.s. district court southern district of new york...

US District Court Civil Docket as of August 1, 2013 Retrieved from the court on August 5, 2013

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:11-cv-02700-PKC

Date Filed: 04/20/2011 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

represented by Jonathan Richard Horne The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY 00000 (212)-836-8000 Fax: (212)-836-6407 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kubala v. Skypeople Fruit Juice, Inc. et al Assigned to: Judge P. Kevin Castel Member case: (View Member Case) Related Case: 1:11-cv-04177-PKC Cause: 15:78m(a) Securities Exchange Act

Lead Plaintiff

Zachary Lewy

Laurence Matthew Rosen The Rosen Law Firm, P.A. (NYC) 275 Madison Avenue, 34th Floor New York,, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Email: [email protected] 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: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Paul Kubala represented by Jonathan Richard Horne Individually and on behalf of all others (See above for address) similarly situated ATTORNEY TO BE NOTICED

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: [email protected] ATTORNEY TO BE NOTICED

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

Plaintiff

Eric Klement represented by Jonathan Richard Horne Individually and on behalf of all others

(See above for address)

similarly situated

ATTORNEY TO BE NOTICED

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


Plaintiff

John Lee represented by Jonathan Richard Horne Individually and on behalf of all others


similarly situated


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


V.

Consolidated Plaintiff

Benjamin L. Padnos represented by Jonathan Richard Horne Individually and on behalf of all others


similarly situated


Laurence Matthew Rosen (See above for address)



William Bernard Federman Federman & Sherwood 10205 N. Pennsylvania Oklahoma City, OK 73102 (405) 235-1560 Fax: (405) 239-2112 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Movant

Benjamin L. Padnos represented by William Bernard Federman (See above for address) ATTORNEY TO BE NOTICED

Movant

Lewy Group represented by Phillip C. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Skypeople Fruit Juice, Inc. represented by Jeffrey Rourke Burke Winston & Strawn LLP (NY) 200 Park Avenue New York, NY 10166 212 294-5334 Fax: 212 294-4700 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Erik Schreiber Winston & Strawn LLP (CA) 333 S. Grand Avenue Los Angeles, CA 90071 (213)-615-1700 Fax: (213)-615-1750 Email: [email protected] ATTORNEY TO BE NOTICED

Micol Olimpia Sordina Weingarten Brown LLP 10866 Wilshire Blvd., Suite 500 Los Angeles, CA 90024 (310)-229-9300 Fax: (310)-229-9380 Email: [email protected] TERMINATED: 05/22/2013

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

Defendant

Rodman & Renshaw, LLC represented by Jay S. Auslander Wilk Auslander LLP 1515 Broadway 43rd Floor New York, NY 10036 (212)-981-2300 Fax: (212)-752-6380 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Zelmanovitz Stahl & Zelmanovitz 767 Third Avenue New York, NY 10017 212-826-6422 Fax: 212-826-6402 Email: [email protected] ATTORNEY TO BE NOTICED

Julie Ann Cilia Wilk Auslander LLP 1515 Broadway 43rd Floor New York, NY 10036 (212)-981-2300 Fax: (212)-752-6380 Email: [email protected] ATTORNEY TO BE NOTICED

Natalie Shkolnik

Siller Wilk LLP 675 Third Avenue New York, NY 10017 (212)-981-2294 Fax: (212)-752-6380 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Yongke Xue

Defendant

Xiaoqin Yang

Defendant

Hongke Xue represented by Neal R. Marder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Erik Schreiber (See above for address) ATTORNEY TO BE NOTICED

Defendant

Xiaoqin Yan represented by John Erik Schreiber (See above for address) ATTORNEY TO BE NOTICED

Neal R. Marder (See above for address) ATTORNEY TO BE NOTICED

Defendant

Robert B. Fields represented by Neal R. Marder (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED


V.

Consolidated Defendant

Spring Liu represented by Neal R. Marder (See above for address)

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED



Guolin Wang


John Smagula represented by Neal R. Marder (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED



Norman Ko represented by Neal R. Marder (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED



Child Van Wagoner & Bradshaw, represented by Anthony J. Costantini PLLC

Duane Morris, LLP (NYC) TERMINATED: 06/20/2012

1540 Broadway New York, NY 10036-4086 212 692-1000 Fax: 212 692-1020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marvin Gerald Pickholz Duane Morris, LLP (NYC) 1540 Broadway New York, NY 10036-4086 (212) 692-1000 Fax: (212) 208-2641

Email: [email protected] LEAD ATTORNEY

Kevin Paul Potere Duane Morris, LLP (NYC) 1540 Broadway New York, NY 10036-4086 (212) 692-1000 Fax: (212) 692-1020 Email: [email protected]

Suzan Jo Duane Morris, LLP (NYC) 1540 Broadway New York, NY 10036-4086 (212) 692-1000 x1088 Fax: (212) 214-0924 Email: [email protected]


BDO Limited TERMINATED: 06/20/2012

represented by James Farrell Latham & Watkins LLP 355 South Grand Avenue, Suite 100 Los Angeles, CA 90071 (213) 495-1234 Fax: (213)-891-8763 Email: [email protected] PRO HAC VICE

Wendy Peterson Harper Latham & Watkins LLP (LA) 355 South Grand Avenue Los Angeles, CA 90071 (213)-891-7767 Fax: (213)-891-8763 Email: [email protected]

Date Filed # Docket Text

04/20/2011 1 COMPLAINT against Rodman & Renshaw, LLC, Skypeople Fruit Juice, Inc., Yongke Xue, Xiaoqin Yang. (Filing Fee $ 350.00, Receipt Number 465401004665)Document filed by Paul Kubala.(rdz) (ama). (Entered: 04/21/2011)

04/20/2011

SUMMONS ISSUED as to Rodman & Renshaw, LLC, Skypeople Fruit Juice, Inc., Yongke Xue, Xiaoqin Yang. (rdz) (Entered: 04/21/2011)

04/20/2011

Magistrate Judge Michael H. Dolinger is so designated. (rdz) (Entered: 04/21/2011)

04/20/2011

Case Designated ECF. (rdz) (Entered: 04/21/2011)

04/26/2011 2 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for

6/22/2011 at 12:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/25/2011) (jpo) (Entered: 04/26/2011)

05/23/2011 3 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan Horne, dated 5/17/2011, re: Counsel for Plaintiff writes to request that the Court adjourn the initial pretrial conference scheduled for June 22, 2011 at 12:00 p.m., until the Court consolidates any related actions, appoints Lead Plaintiff(s) and Lead Counsel, a consolidated amended complaint is filed, and Defendants' prospective motion to dismiss has been adjudicated. ENDORSEMENT: I will defer the IPTC until after the lead counsel motion is decided. If any defendant seeks to file a motion, a premotion conference request will be required. See Individual Practices. Conference adjourned from June 22 to Sept 1, 2011 at 10:30 am SO ORDERED. (Signed by Judge P. Kevin Castel on 5/23/2011) (lnl) (Entered: 05/23/2011)

05/23/2011

06/03/2011

06/03/2011

06/03/2011

Set Hearing: Initial Conference set for 9/1/2011 at 10:30 AM before Judge P. Kevin Castel. (lnl) (Entered: 05/23/2011)

4 NOTICE OF APPEARANCE by Jeffrey Rourke Burke on behalf of Skypeople Fruit Juice, Inc. (Burke, Jeffrey) (Entered: 06/03/2011)

5 NOTICE OF APPEARANCE by Micol Olimpia Sordina on behalf of Skypeople Fruit - Juice, Inc. (Sordina, Micol) (Entered: 06/03/2011)

6 STIPULATION AND ORDER EXTENDING DEFENDANT SKYPEOPLE FRUIT JUICE, INC'S TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT: 1. SPU shall have no obligation to respond to the Complaint until after the filing of, and the Court's decision and entry of order on, motion(s) to be appointed as lead plaintiff and after the filing of an Amended Complaint. 2. SPU shall have no less than sixty (60) days after service of any Amended Complaint to file and serve an answer, a motion to dismiss or to otherwise respond to any such Amended Complaint, or shall have no less than sixty (60) days after entry of any order denying consolidation of the Action to so respond to the Complaint, if the Court so orders. 3. Plaintiff shall have no less than forty-five (45) days after service of any motion to dismiss by SPU to oppose such motion. 4. SPU shall have no less than thirty (30) days after service of any opposition to file a reply to such opposition. 5. In the event SPU seeks to file a motion to dismiss the Amended Complaint, it will make a pre-motion conference request pursuant to the Court's individual practices. 6. By signing this stipulation, the parties agree that they shall preserve documents as required by 15 U.S.C. § 78u4(b), or other applicable law, during the pendency of the action, notwithstanding any stay of discovery. 7. It is hereby further stipulated that the parties to this stipulation reserve all rights and defenses they may have, and entry into this stipulation shall not impair or otherwise affect such rights and defenses, including defenses based on lack of personal jurisdiction or other challenges to the jurisdiction or venue of this Court or any other Court, and all such rights and defenses are expressly preserved. 8. This stipulation is entered into without prejudice to plaintiff seeking any interim relief. 9. This stipulation and agreement is without prejudice to further extensions. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/3/2011) (lnl) (Entered: 06/03/2011)

06/08/2011 7 MOTION for Neal R. Marder to Appear Pro Hac Vice. Document filed by Skypeople Fruit Juice, Inc.(pgu) (Entered: 06/09/2011)

06/10/2011 8 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Granting 7 Motion for Neal R. Marder to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 6/10/11) (rjm) (Entered: 06/10/2011)

06/15/2011

9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Skypeople Fruit Juice, Inc..(Sordina, Micol) (Entered: 06/15/2011)

06/16/2011

CASHIERS OFFICE REMARK on 7 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/08/2011, Receipt Number 8665. (jd) (Entered: 06/16/2011)

06/20/2011 10 MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . Document filed by Benjamin L. Padnos. (Attachments: # 1 Text of Proposed Order)(Federman, William) (Entered: 06/20/2011)

06/20/2011

06/20/2011

11 MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel .. Document filed by Benjamin L. Padnos. (Federman, William) (Entered: 06/20/2011)

12 DECLARATION of William B. Federman in Support re: 10 MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel.. Document filed by Benjamin L. Padnos. (Attachments: # 1 Exhibit A - Certification of Investment, # 2 Exhibit B - Economic Loss Analysis, # 3 Exhibit C - Business Wire Publication, # 4 Exhibit D - Firm Resume)(Federman, William) (Entered: 06/20/2011)

06/20/2011 13 MOTION to Appoint Counsel The Rosen Law Firm, P.A. ., MOTION to Appoint Lewy Group to serve as lead plaintiff(s). Document filed by Lewy Group. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 06/20/2011)

06/20/2011 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint Counsel The Rosen Law Firm, P.A. . MOTION to Appoint Lewy Group to serve as lead plaintiff(s).. Document filed by Lewy Group. (Kim, Phillip) (Entered: 06/20/2011)

06/20/2011 15 DECLARATION of Phillip Kim in Support re: 13 MOTION to Appoint Counsel The Rosen Law Firm, P.A. . MOTION to Appoint Lewy Group to serve as lead plaintiff(s).. Document filed by Lewy Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) (Entered: 06/20/2011) -

07/07/2011 16 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel .. Document filed by Lewy Group. (Kim, Phillip) (Entered: 07/07/2011)

07/07/2011 17 DECLARATION of Phillip Kim in Opposition re: 10 MOTION to Appoint Benjamin

L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel .. Document filed by Lewy Group. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 8)(Kim, Phillip) (Entered: 07/07/2011)

07/07/2011 18 NOTICE of Withdrawal re: 10 MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel . MOTION to Appoint Benjamin L. Padnos to serve as lead plaintiff(s) and Memorandum in Support for Consolidation and Approval of Lead Plaintiff's Selection of Lead Counsel .. Document filed by Benjamin L. Padnos. (Federman, William) (Entered: 07/07/2011)

08/30/2011 19 MEMORANDUM AND ORDER withdrawing (10) Motion to Appoint Benjamin L. Padnos to serve as lead plaintiff; granting (13) Motion to Appoint Counsel ; granting in part and denying in part (13) Motion to Appoint Lewy Group as Lead Plaintiff(s) in case 1:11-cv-02700-PKC. Before me is a motion to consolidate two putative class actions brought under the Securities Exchange Act of 1934 on behalf of purchasers of securities of SkyPeople Fruit Juice, Inc. The two actions share common claims, common legal and factual theories and several common defendants. Rule 42(A), Fed. R. Civ. P. Consolidation of the above captioned actions is appropriate and it is GRANTED. The case with the higher docket number, Padnos v. SkyPeople Fruit Juice, Inc., 11 Civ. 4177 (PKC) is ADMINISTRATIVELY CLOSED. All further proceedings will be under the docket number 11 Civ. 2700 (PKC). The plaintiff's attorney in the Padnos action had originally moved to have Benjamin L. Padnos appointed as lead plaintiff in a consolidated action. (Doc. No. 10) That motion has been withdrawn. (Doc. No. 18) On the facts before this Court and applying the principles summarized by then-District Judge Chin in In re Bank of America Corp. Securities, Derivative and ERISA Litigation, 258 F.R.D. 260 (S.D.N.Y. 2009), Zachary Lewy, one of the group members, will be appointed lead plaintiff. Mr. Lewy has the largest financial interest. During the class period, he purchased 62,000 shares for an aggregate price of $282,272. He sold 42,450 shares and retained 19,550 shares. He suffered an approximate loss of $33,000. No shareholder has been shown to have a larger financial interest. Mr. Lewy will also likely satisfy the standards in Rule 23, Fed. R. Civ. P. No basis has been shown to rebut the presumption in favor of Mr. Lewy. The Rosen Law Firm, P.A., Mr. Lewy's choice for lead counsel, has shown that it has the requisite knowledge and experience to act as lead plaintiffs counsel and it is appointed. Lead plaintiff may file a consolidated class action complaint no later than September 30, 2011. The conference presently scheduled for September 1, 2011 is vacated. (Signed by Judge P. Kevin Castel on 8/30/2011) Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(tro) Modified on 8/30/2011 (tro). (Entered: 08/30/2011)

09/26/2011 20 AFFIDAVIT OF SERVICE. Rodman & Renshaw, LLC served on 9/26/2011, answer due 10/17/2011. Service was accepted by Sarina Locascio - Paralegal. Document filed by Zachary Lewy; Paul Kubala; Lewy Group. (Rosen, Laurence) (Entered: 09/26/2011)

10/03/2011 21 CONSOLIDATED CLASS ACTION COMPLAINT amending 1 Complaint against BDO Limited, Child Van Wagoner & Bradshaw, PLLC, Norman Ko, Spring Liu,

Rodman & Renshaw, LLC, Skypeople Fruit Juice, Inc., John Smagula, Guolin Wang, Yongke Xue, Hongke Xue, Xiaoqin Yan, Robert B. Fields with JURY DEMAND.Document filed by Benjamin L. Padnos, Zachary Lewy, Eric Klement, John Lee.(mro) Modified on 10/5/2011 (mro). (Additional attachment(s) added on 10/11/2011: # 1 Part 2, # 2 Part 3, # 3 Part 4) (ama). (Entered: 10/04/2011)

10/05/2011 22 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Skypeople Fruit Juice, Inc. served on 10/3/2011, answer due 10/24/2011. Service was made by Mail. Document filed by Benjamin L. Padnos; Eric Klement; John Lee; Zachary Lewy. (Horne, Jonathan) (Entered: 10/05/2011)

10/05/2011 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jonathan Richard Horne for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 21 Amended Complaint, to: [email protected] . (mro) (Entered: 10/05/2011)

10/06/2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Jonathan Richard Horne to RE-FILE Document 21 Amended Complaint,. (ama) (Entered: 10/06/2011)

10/12/2011 23 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time for Rodman & Renshaw to answer complaint . Document filed by Rodman & Renshaw, LLC.(Shkolnik, Natalie) Modified on 10/13/2011 (db). (Entered: 10/12/2011)

10/12/2011

10/13/2011

10/13/2011

10/25/2011

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Natalie Shkolnik to E-MAIL Document No. 23 Stipulation to [email protected] . This document is not filed via ECF. (db) (Entered: 10/13/2011)

24 STIPULATION: Rodman shall answer, move, or otherwise respond to the ConsolidatedComplaint by no later than December 2, 2011. In the event Rodman seeks to file a motion to dismiss the Consolidated Complaint, it will make a pre-motion conference request pursuant to Court's individual practices by November 14 with a response by plaintiffs by November 18. (Signed by Judge P. Kevin Castel on 10/13/2011) (rdz) (Entered: 10/13/2011)

Set/Reset Deadlines: Rodman & Renshaw, LLC answer due 12/2/2011. (rdz) (Entered: 10/13/2011)

25 NOTICE OF APPEARANCE by Natalie Shkolnik on behalf of Rodman & Renshaw, LLC Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(Shkolnik, Natalie) (Entered: 10/25/2011)

10/25/2011 26 NOTICE OF APPEARANCE by Joseph Zelmanovitz on behalf of Rodman & Renshaw, LLC (Zelmanovitz, Joseph) (Entered: 10/25/2011)

10/25/2011 27 NOTICE OF APPEARANCE by Julie Ann Cilia on behalf of Rodman & Renshaw, LLC (Cilia, Julie) (Entered: 10/25/2011)

10/25/2011 28 NOTICE OF APPEARANCE by Jay S. Auslander on behalf of Rodman & Renshaw, LLC (Auslander, Jay) (Entered: 10/25/2011)

11/02/2011 29 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that

shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 11/1/2011) (cd) (Entered: 11/02/2011)

11/08/2011

11/14/2011

11/14/2011

30 STIPULATION AND ORDER: Child Van Wagoner & Bradshaw, PLLC answer due 12/2/2011. In the event CWB seeks to file a motion to dismiss the Consolidated Complaint, it will make a pre-motion conference request pursuant to the court's individual practices by November 14 with a response by Lead Plaintiff by November 18, and as further set forth in this document. (Signed by Judge P. Kevin Castel on 11/8/2011) (cd) (Entered: 11/08/2011)

31 ENDORSED LETTER: addressed to Judge P. Kevin Castel from Anthony J. Costantini dated 11/14/2011 re: Counsel for defendant request a pre-motion conference in anticipation of defendants motion to dismiss Plaintiffs' Consolidated Class Action Complaint. ENDORSEMENT: Pre-motion conference waived for motion by CWB. File motion by December 21. Response due January 25. Reply due February 15. So Ordered., ( Motions due by 12/21/2011. Responses due by 1/25/2011. Replies due by 2/15/2011.) (Signed by Judge P. Kevin Castel on 11/14/2011) (js) (Entered: 11/14/2011)

32 STIPULATION AND ORDER EXTENDING THE TIME TO ANSWER OR OTHERWISE TO RESPOND TO THE CONSOLIDATED COMPLAINT FOR DEFENDANTS SKYPEOPLE FRUIT JUICE, INC., NORMAN KO, JOHN SMAGULA, SPRING LIU, AND ROBERT B. FIELDS:IT IS HEREBY STIPULATED AND AGREED, by and between Lead Plaintiff and SPU and the SPU Officers and Directors, subject to the approval of this Court:1. SPU and the SPU Officers and Directors shall file and serve their answer, motion to dismiss, or other response to the Consolidated Complaint on Lead Plaintiff by no later than December 21, 2011. 2. Should SPU and the SPU Officers and Directors move to dismiss the Consolidated Complaint, Lead Plaintiff shall have until January 25 to file and serve his opposition to such motion; 3.SPU and the SPU Officers and Directors shall have until February 15 to file and serve a reply to such opposition.4. In the event SPU and the SPU Officers and Directors seek to file a motionto dismiss the Consolidated Complaint, they will make a pre-motion conference request pursuant to the Court's individual practices. 5.Should SPU and the SPU Officers and Directors seek to file a motion todismiss the Consolidated Complaint, they will file a Consolidated Motion Lo Dismiss the Consolidated Complaint. 6. Any Consolidated Motion to Dismiss the Consolidated Complaint filed by SPU and the SPU Officers and Directors shall not exceed 50 pages. SO ORDERED (Signed by Judge P. Kevin Castel on 11/14/2011) (ama) (Entered: 11/14/2011)

11/14/2011 Set/Reset Deadlines: Robert B. Fields answer due 12/21/2011; Skypeople Fruit Juice, Inc. answer due 12/21/2011; Hongke Xue answer due 12/21/2011; Yongke Xue answer due 12/21/2011; Xiaoqin Yan answer due 12/21/2011.( Responses due by 1/25/2012, Replies due by 2/15/2012.), Set/Reset Hearings: (ama) (Entered: 11/14/2011)

11/15/2011 33 ORDER: All or substantially all defendants who have been served have submitted premotion conference letters outlining the basis for their proposed motions to dismiss. With these letters now in hand, the Court grants plaintiffs leave to further amend their pleading to cure any deficiencies that they believe are curable provided they file the amended pleading by November 28, 2011. Any defendant may move to dismiss the present (or further amended) pleading provided the motion is filed by December 21,

2011. Plaintiffs' response to the motion is due January 25, 2012 and any reply by defendants is due February 15, 2012. The premotion conference is waived. Plaintiffs' decision to amend or to stand on the existing pleading will be taken into account in considering any request to further amend in the event a motion to dismiss is granted in whole or in part. ( Amended Pleadings due by 11/28/2011., Motions due by 12/21/2011., Responses due by 1/25/2012, Replies due by 2/15/2012.) (Signed by Judge P. Kevin Castel on 11/15/2011) (jfe) (Entered: 11/15/2011)

11/15/2011

34 NOTICE OF APPEARANCE by Marvin Gerald Pickholz on behalf of Child Van Wagoner & Bradshaw, PLLC (Pickholz, Marvin) (Entered: 11/15/2011)

11/15/2011

35 NOTICE OF APPEARANCE by Anthony J. Costantini on behalf of Child Van Wagoner & Bradshaw, PLLC (Costantini, Anthony) (Entered: 11/15/2011)

11/15/2011 36 NOTICE OF APPEARANCE by Kevin Paul Potere on behalf of Child Van Wagoner & Bradshaw, PLLC (Potere, Kevin) (Entered: 11/15/2011)

11/15/2011 37 NOTICE OF APPEARANCE by Suzan Jo on behalf of Child Van Wagoner & Bradshaw, PLLC (Jo, Suzan) (Entered: 11/15/2011)

11/16/2011 38 NOTICE OF APPEARANCE by Neal Marder on behalf of Skypeople Fruit Juice, Inc. (Marder, Neal) (Entered: 11/16/2011)

11/18/2011 39 NOTICE OF CHANGE OF ADDRESS by Julie Ann Cilia on behalf of Rodman & Renshaw, LLC. New Address: Wilk Auslander LLP, 1515 Broadway, 43rd Floor, New York, New York, 10036, (212) 981-2300. (Cilia, Julie) (Entered: 11/18/2011)



11/28/2011

12/02/2011

12/02/2011

12/02/2011

42 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: amending 21 Amended Complaint, against BDO Limited, Child Van Wagoner & Bradshaw, PLLC, Robert B. Fields, Norman Ko, Spring Liu, Rodman & Renshaw, LLC, Skypeople Fruit Juice, Inc., John Smagula, Guolin Wang, Hongke Xue, Yongke Xue, Xiaoqin Yan with JURY DEMAND.Document filed by Benjamin L. Padnos, Paul Kubala, Eric Klement, John Lee, Zachary Lewy. Related document: 21 Amended Complaint, filed by Eric Klement, Zachary Lewy, John Lee, Benjamin L. Padnos.(pl) (Additional attachment(s) added on 12/5/2011: # 1 Exhibit) (rdz). (Entered: 12/01/2011)

43 NOTICE OF APPEARANCE by Wendy Peterson Harper on behalf of BDO Limited (Harper, Wendy) (Entered: 12/02/2011)

44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDO Limited.(Harper, Wendy) (Entered: 12/02/2011)

47 MOTION for James J. Farrell to Appear Pro Hac Vice. Document filed by BDO Limited.(bwa) (Entered: 12/12/2011)

12/05/2011 45 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE: Attorney

James Farrell for BDO Limited admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 12/5/2011) (jfe) (Entered: 12/05/2011)

12/09/2011 46 STIPULATION REGARDING DEFENDANT RDO LIMITED'S TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE CONSOLIDATED CLASS ACTION COMPLAINT: Motion TO DISMISS due by 12/21/2011. Response due by 1/25/2012, ReplY due by 2/15/2012. (Signed by Judge P. Kevin Castel on 12/8/2011) (cd) (Entered: 12/09/2011)

12/09/2011 Reset Deadline: BDO Limited answer due 12/21/2011. (cd) (Entered: 12/09/2011)

12/13/2011 48 ORDER GRANTING MOTION TO ADMIT COUNSEL PR HAC VICE granting 47 Motion for James J Farrell to Appear Pro Hac Vice for defendant BDO Limited. (Signed by Judge P. Kevin Castel on 12/13/2011) (cd) (Entered: 12/13/2011)

12/13/2011 CASHIERS OFFICE REMARK on 47 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 12/02/2011, Receipt Number 1023365. (jd) (Entered: 12/13/2011)

12/21/2011 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. Responses due by 1/25/2012(Marder, Neal) (Entered: 12/21/2011)

12/21/2011 50 MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Marder, Neal) (Entered: 12/21/2011)

12/21/2011 51 DECLARATION of Neal R. Marder in Support re: 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F part 1, # 7 Exhibit F part 2, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q)(Marder, Neal) (Entered: 12/21/2011)

12/21/2011 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss . Document filed by Rodman & Renshaw, LLC. Responses due by 1/25/2012(Shkolnik, Natalie) (Entered: 12/21/2011) -

12/21/2011 53 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss. Defendant Rodman & Renshaw, LLCs Memorandum Of Law In Support Of Motion To Dismiss Consolidated Amended Class Action Complaint. Document filed by Rodman & Renshaw, LLC. (Shkolnik, Natalie) Modified on 12/29/2011 (ka). (Entered: 12/21/2011)

12/21/2011 54 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by

Rodman & Renshaw, LLC.(Shkolnik, Natalie) (Entered: 12/21/2011)

12/21/2011 55 MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT . Document filed by Child Van Wagoner & Bradshaw, PLLC.Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(Costantini, Anthony) (Entered: 12/21/2011)

12/21/2011 56 DECLARATION of Anthony J. Costantini, Esq in Support re: (55 in 1:11-cv-02700- PKC, 9 in 1:11-cv-04177-PKC) MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT .. Document filed by Child Van Wagoner & Bradshaw, PLLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(Costantini, Anthony) (Entered: 12/21/2011)

12/21/2011 57 MEMORANDUM OF LAW in Support re: (55 in 1:11-cv-02700-PKC, 9 in 1:11-cv- 04177-PKC) MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT . Responses due 1/25/2012 . Document filed by Child Van Wagoner & Bradshaw, PLLC. Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177- PKC(Costantini, Anthony) (Entered: 12/21/2011)

12/21/2011 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint . Document filed by BDO Limited.(Farrell, James) (Entered: 12/21/2011)

12/21/2011 59 DECLARATION of Wendy P. Harper in Support re: 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint .. Document filed by BDO Limited. (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: 12/21/2011)

12/21/2011 60 MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint .. Document filed by BDO Limited. (Farrell, James) (Entered: 12/21/2011)

12/22/2011 61 MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss . Defendant Rodman & Renshaw, LLC's Memorandum Of Law In Support Of Motion To Dismiss Consolidated Amended Class Action Complaint . Document filed by Rodman & Renshaw, LLC. (Shkolnik, Natalie) (Entered: 12/22/2011)

12/22/2011 62 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Child Van Wagoner & Bradshaw, PLLC.(Costantini, Anthony) (Entered: 12/22/2011)

01/04/2012 63 ORDER GRANTING PLAINTIFFS LETTER APPLICATION: ENDORSEMENT: It is hereby ordered that good cause was lacking for defendants' application and for the application by plaintiff. Nevertheless, IT IS HEREBY ORDERED that Plaintiffs shall file a single omnibus memorandum of law in opposition to the defendants' motions to dismiss; It is further ordered that this memorandum of law shall not exceed 85 pages in length. The Court will take account of whether there actually is a need for a brief of 85 pages when as and if plaintiffs' counsel applies to this Court for attorneys' fees. So Ordered (Signed by Judge P. Kevin Castel on 1/4/2012) (js) (Entered: 01/04/2012)

01/25/2012 64 MEMORANDUM OF LAW in Opposition re: 49 MOTION to Dismiss Plaintiffs

Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) ., 55 MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT ., 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint ., 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss .. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Horne, Jonathan) (Entered: 01/25/2012)

01/25/2012 65 DECLARATION of Jonathan Horne in Opposition re: 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) ., 55 MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT ., 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint ., 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss .. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Exhibit 1- 4)(Horne, Jonathan) (Entered: 01/25/2012)

01/25/2012 66 MOTION to Strike Document No. [51-2 through 51-4]. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos.(Horne, Jonathan) (Entered: 01/25/2012)

01/25/2012 67 MEMORANDUM OF LAW in Support re: 66 MOTION to Strike Document No. [51- 2 through 51-4].. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Horne, Jonathan) (Entered: 01/25/2012)

01/25/2012 68 DECLARATION of Laurence Rosen in Support re: 66 MOTION to Strike Document No. [51-2 through 51-4].. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-19)(Horne, Jonathan) (Entered: 01/25/2012)

02/06/2012 69 ENDORSED LETTER addressed to Judge P. Kevin Castel from Micol O. Sordina dated 2/3/2012 re: Counsel writes pursuant to Rule l(A) and (C) of this Court's Individual Practices to request a one-day extension to respond to the motion to strike filed by Plaintiffs Zachary Lewy, John Lee, Eric Klement and Benjamin L. Padnos (collectively, "Plaintiffs'). Based on the foregoing, SPU respectfully requests that the Court grant it a one-day extension to file a response to Plaintiffs' motion to strike to February 15, 2012. ENDORSEMENT: Application granted. SO ORDERED. ( Responses due by 2/15/2012) (Signed by Judge P. Kevin Castel on 2/3/2012) (djc) Modified on 2/6/2012 (djc). (Entered: 02/06/2012)

02/08/2012 70 ENDORSED LETTER addressed to Judge P. Kevin Castel from Micol O. Sordina dated 2/7/2012 re: counsel for defendants respectfully request that the Court grant them permission to file an omnibus reply brief not to exceed 20 pages in length. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 2/8/2012) (pl) (Entered: 02/08/2012)

02/15/2012 71 REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Defendant Rodman & Renshaw, LLCs Notice Of Motion To Dismiss .. Document filed by Rodman & Renshaw, LLC. (Cilia, Julie) (Entered: 02/15/2012)

02/15/2012 72 REPLY MEMORANDUM OF LAW in Support re: (55 in 1:11-cv-02700-PKC, 9 in 1:11-cv-04177-PKC) MOTION to Dismiss CONSOLIDATED AMENDED CLASS ACTION COMPLAINT .. Document filed by Child Van Wagoner & Bradshaw, PLLC. Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(Costantini, Anthony) (Entered: 02/15/2012)

02/15/2012 73 MEMORANDUM OF LAW in Opposition re: 66 MOTION to Strike Document No. [51-2 through 51-4].. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Marder, Neal) (Entered: 02/15/2012)

02/15/2012 74 DECLARATION of Catherine Cai in Opposition re: 66 MOTION to Strike Document No. [51-2 through 51-4].. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Attachments: # 1 Exhibit A, # 2 Exhibit B part 1, # 3 Exhibit B part 2, # 4 Exhibit B part 3, # 5 Exhibit B part 4, # 6 Exhibit C)(Marder, Neal) (Entered: 02/15/2012)

02/15/2012 75 DECLARATION of Micol O. Sordina in Opposition re: 66 MOTION to Strike Document No. [51-2 through 51-4].. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit B, # 5 Exhibit C)(Sordina, Micol) (Entered: 02/15/2012)

02/15/2012

02/15/2012

76 REPLY MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Marder, Neal) (Entered: 02/15/2012)

77 DECLARATION of Neal R. Marder in Support re: 49 MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) . MOTION to Dismiss Plaintiffs Consolidated Amended Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) .. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Marder, Neal) (Entered: 02/15/2012)

02/15/2012 78 REPLY MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss the Consolidated Amended Class Action Complaint .. Document filed by BDO Limited. (Farrell, James) (Entered: 02/15/2012)

02/17/2012 79 ENDORSED LETTER addressed to Judge P. Kevin Castel from Micol O. Sordina dated 2/16/2012 re: Counsel for the defendants request a hearing on defendants Motion to dismiss the Consolidated Amended Complaint. ENDORSEMENT: I will honor the request. Oral argument will be held on March 7, 2012 at 10:30 am. SO ORDERED. (Oral Argument set for 3/7/2012 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/16/2012) (ft) (Entered: 02/17/2012) -

02/22/2012 80 REPLY MEMORANDUM OF LAW in Support re: 66 MOTION to Strike Document No. [51-2 through 51-4].. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Horne, Jonathan) (Entered: 02/22/2012)

02/22/2012 81 DECLARATION of Yuxia Zhang in Support re: 66 MOTION to Strike Document

No. [51-2 through 51-4].. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Exhibit 1)(Horne, Jonathan) (Entered: 02/22/2012)

02/22/2012

02/23/2012

82 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan Horne re: Plaintiffs respectfully request that the already scheduled oral arguments on the motions to dismiss--scheduled for March 7, 2012, at 10:30 A.M., before the Court-- include oral arguments on the Motion to Strike. ENDORSEMENT: This is all subsumed in the matters set for argument. So Ordered. (Signed by Judge P. Kevin Castel on 2/22/2012) (rdz) (Entered: 02/22/2012)

83 ENDORSED LETTER addressed to Judge P. Kevin Castel from James J. Farrell dated 2/22/2012 re: counsel for defendant BDO respectfully requests that oral argument on the pending motions to dismiss and motion to strike be held on March 19, 20, or 21. ENDORSEMENT: In my over 8 years on the bench, I have decided many motion to dismiss under the PSLRA. I do not recall ever having oral argument. This is not merely because I have not considered it helpful but actually it holds the potential to muddy the waters as parties endeavor to spin the meaning of the words of the complaint. Should the motion then be decided on the basis of the four corners of the complaint or an oral explanation what was intended to be alleged? Perhaps in recognition of this circumstance few parties have ever asked for oral argument. Here, the parties did and I will honor the request. Oral argument adjourned from March 7 to March 19 at 2 p.m. I look forward to being educated and having my attitude adjusted on the value of oral argument on a Rule 12 motion a PSLRA case. ( Oral Argument set for 3/19/2012 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/23/2012) (pl) (Entered: 02/23/2012)

03/16/2012 84 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jeffrey R. Burke dated 3/14/2012 re: All of the parties who have requested oral argument have agreed to withdraw their requests, and the remaining parties have no objection. ENDORSEMENT: A card laid is a card played. Argument remains as scheduled. (Signed by Judge P. Kevin Castel on 3/16/2012) (lmb) (Entered: 03/16/2012)

03/19/2012

03/30/2012

Minute Entry for proceedings held before Judge P. Kevin Castel: Oral Argument held on 3/19/2012 on Defendants' Motion to Dismiss and Plaintiffs' Motion to Strike.Court reserves decision. Present for plaintiffs: Laurence Rosen and Yuxia Zhang. Present for defendants: Jeffrey Burke, Julie Ann Cilia, Anthony Costantini, Kevin Potere and James Farrell. Court Reporter: Martha Drevis. (mro) (Entered: 03/21/2012)

85 TRANSCRIPT of Proceedings re: Argument held on 3/19/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177- PKC(McGuirk, Kelly) (Entered: 03/30/2012)

03/30/2012 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 3/19/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this

transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-cv-02700-PKC, 1:11-cv-04177-PKC(McGuirk, Kelly) (Entered: 03/30/2012)

04/02/2012 87 ORDER denying 66 Motion to Strike. Accordingly, plaintiffs' motion to strike the documents (ECF No. 66) is DENIED. (Signed by Judge P. Kevin Castel on 4/2/2012) (jfe) (Entered: 04/02/2012)

05/02/2012 ***DELETED DOCUMENT. Deleted document number 88 Transcript. The document was incorrectly filed in this case. (tro) (Entered: 05/09/2012)

05/02/2012

05/03/2012

05/04/2012

***DELETED DOCUMENT. Deleted document number 89 Notice of Filing of Transcript. The document was incorrectly filed in this case. (tro) (Entered: 05/09/2012)

90 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) BDO Limited, Child Van Wagoner & Bradshaw, PLLC. Document filed by Zachary Lewy. (Rosen, Laurence) Modified on 5/4/2012 (dt). (Entered: 05/03/2012)

***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Laurence Rosen Document 90 Notice of Voluntary Dismissal, was referred to Judge P. Kevin Castel for approval. (dt) (Entered: 05/04/2012)

06/20/2012 91 NOTICE OF VOLUNTARY DISMISSAL In consideration of the parties' April 17, 2012 Tolling Agreement, Lead Plaintiff Zachary Lewy hereby gives notice that Defendants BDO Limited, and Child, Van Wagoner & Bradshaw, PLLC, ("Defendants") are voluntarily dismissed, without prejudice, from the above-captioned action pursuant to FRCP 41(a)(1). Defendants have not filed an answer, nor a motion for summary judgment. ENDORSEMENT: The dismissal are approved. The clerk shall mark the motions to dismiss filed by BDO Limited and Child, Van Wagoner & Bradshaw PLLC (DE 55 & 58) as terminated. (Signed by Judge P. Kevin Castel on 6/19/2012) (pl) (Entered: 06/20/2012)

09/10/2012 92 MEMORANDUM AND ORDER. For the reasons in this memorandum and order, the motion to dismiss of SPU, Liu, Ko, Fields, and Smagula (ECF No. 49) is GRANTED in part and DENIED in part. Rodman's motion to dismiss any claims asserted against it by Lewy, Lee, and Klement (ECF No. 52) is GRANTED. Granting in part and denying in part 49 Motion to Dismiss; Granting 52 Motion to Dismiss. (Signed by Judge P. Kevin Castel on 9/7/2012) (rjm) (Entered: 09/10/2012)

09/26/2012 93 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Xiaoqin Yan served on 2/8/2012, answer due 2/29/2012. Service was accepted by Han Xiumei, the addressee's mother. Document filed by Benjamin L. Padnos; Paul Kubala; Eric Klement; John Lee; Zachary Lewy. (Horne, Jonathan) (Entered: 09/26/2012)

10/09/2012 94 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: 1. The SPU

Defendants' and Rodman's time to file and serve an answer to the Consolidated Amended Complaint is extended to and including November 12, 2012. 2. Yan's time to file and serve an answer, or to move or otherwise respond to, the Consolidated Amended Complaint is extended to and including November 12, 2012. 3. Should Yan move to dismiss the Consolidated Amended Complaint, she will submit a pre-motion letter pursuant to the Court's individual rules of practice and will meet and confer with Plaintiffs' counsel to agree to a briefing schedule on such motion. Robert B. Fields answer due 11/12/2012; Norman Ko answer due 11/12/2012; Spring Liu answer due 11/12/2012; Skypeople Fruit Juice, Inc. answer due 11/12/2012; John Smagula answer due 11/12/2012; Xiaoqin Yan answer due 11/12/2012. (Signed by Judge P. Kevin Castel on 10/9/2012) (djc) (Entered: 10/10/2012)

11/08/2012 95 STIPULATION AND ORDER EXTENDING DEFENDANT YAN'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT:The Parties, by and through their counsel of record, stipulate and agree as follows: Yan's time to file and serve an answer, or to move or otherwise respond to, the Consolidated Amended Complaint is extended to and including November 19, 2012 as further set forth in this order., Xiaoqin Yan answer due 11/19/2012. (Signed by Judge P. Kevin Castel on 11/8/2012) (lmb) (Entered: 11/08/2012)

11/12/2012 96 ANSWER to 42 Amended Complaint,, with JURY DEMAND. Document filed by Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula, Xiaoqin Yan.(Marder, Neal) (Entered: 11/12/2012)

11/14/2012 97 STIPULATION AND ORDER EXTENDING RODMAN'S TIME TO ANSWER THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: Rodman's time to file and serve an answer to the Consolidated Amended Complaint is extended to and including November 19, 2012. Rodman & Renshaw, LLC answer due 11/19/2012. (Signed by Judge P. Kevin Castel on 11/14/2012) (ft) (Entered: 11/14/2012)

11/19/2012 98 ANSWER to 42 Amended Complaint,,. Document filed by Rodman & Renshaw, LLC.(Shkolnik, Natalie) (Entered: 11/19/2012)

11/20/2012 99 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. Initial requests for production of documents to be served by December 21,2012. Initial Interrogatories to be served by March 1,2013. Depositions to he completed by December 31, 2013. Requests to Admit to be served no later than September 30,2013. Deposition due by 12/31/2013. Fact Discovery due by 12/31/2013. Expert Discovery due by 2/14/2014. Discovery due by 6/28/2013. Case Management Conference set for 7/5/2013 at 11:00 AM before Judge P. Kevin Castel. Pretrial Order due by 3/17/2014. Because of the unusually long discovery period which is appropriate because of the need for foreign discovery, the Court does not anticipate granting any extension. Please fax a letter to Chambers by January 4, 2013 setting forth the dates for future mediation sessions. (Signed by Judge P. Kevin Castel on 11/20/2012) (ama) (Entered: 11/21/2012)

12/11/2012 100 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served.

Hongke Xue served on 5/2/2012, answer due 5/23/2012. Service was accepted by Hongke Xue (defendant served). Document filed by Zachary Lewy. (Horne, Jonathan) (Entered: 12/11/2012)

01/09/2013 101 ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan Horne, Laurence Rosen and Phillip Kim dated 1/9/2013 re: This letter responds to Defendant Hongke Xue's letter dated January 4, 2013, indicating his intent to file a motion to dismiss. ENDORSEMENT: Counsel for defendant Xue is free to file his motion (pre-motion conference is waived) but counsel is cautioned that Rule 11 will apply to any submission. File motion by January 25, 2013. Response February 11, 2013. Reply February 25, 2013. SO ORDERED. (Motions due by 1/25/2013, Responses due by 2/11/2013, Replies due by 2/25/2013.) (Signed by Judge P. Kevin Castel on 1/9/2013) (ft) (Entered: 01/10/2013)

01/18/2013 102 Letter addressed to Judge P. Kevin Castel from Natalie Shkolnik dated 1/17/2013 re: We represent defendant Rodman & Renshaw, LLC ("Rodman") in the above-captioned action. On Friday, January 11,2013, Rodman filed for Chapter 7 bankruptcy in the United States Bankruptcy Court for the Southern District of New York, case number 13-bk-1 0087. Accordingly, pursuant to Section 362(a) of the Bankruptcy Code, an automatic stay has been. imposed in this action as it relates to Rodman. An unofficial copy of the first page of the bankruptcy docket is annexed hereto as Exhibit A If Your Honor has any questions, please do not hesitate to contact us. Document filed by Rodman & Renshaw, LLC.(ago) (Entered: 01/18/2013)

01/25/2013 103 ANSWER to 42 Amended Complaint,, with JURY DEMAND. Document filed by Hongke Xue.(Marder, Neal) (Entered: 01/25/2013)

02/07/2013 104 STIPULATED PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL MATERIALS AND ADDENDUM...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 2/7/2013) (mro) (Entered: 02/07/2013)

03/04/2013 105 ENDORSED LETTER addressed to Judge P. Kevin Castel, from Jonathan Horne, dated 3/1/2013 re: The Parties seek the Court's resolution of a discovery dispute. The Parties have been unable to resolve the dispute. ENDORSEMENT: 1. By March 29, 2013, Sky People Fruit-Juice, Inc., the "Corporate Defendant" shall produce a Rule 30(b)(6) witness in New York, NY at the office of plaintiff's counsel for a hour deposition on the organizational structure of the Corporate Defendant, including the names, identities addresses, duties and responsibilities of all employees with managerial responsibilities, the persons who report to said employees and the persons to whom said employees report. This deposition shall be separate from and in addition to any other deposition. 2. All documents responsive to any document request served by Plaintiff on any defendant on or before December 6, 2012 shall be produced on a rolling basis beginning immediately and ending no later than April 19, 2013. Failure to comply will result in the striking of the answer of any defendant who has not complied. (Signed by Judge P. Kevin Castel on 3/4/2013) (ja) Modified on 3/5/2013 (ja). (Entered: 03/04/2013)

03/26/2013 106 NOTICE OF APPEARANCE by John Erik Schreiber on behalf of Robert B. Fields, Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula, Hongke Xue, Xiaoqin Yan (Schreiber, John) (Entered: 03/26/2013)

03/29/2013 107 MEMORANDUM AND ORDER: The Former Auditors shall produce the responsive documents within 21 days subject to the provisions of the existing Confidentiality Order, which prohibit the use of the documents for any purpose other than the pursuit of the present action. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/28/2013) (rsh) (Entered: 03/29/2013)

05/10/2013 108 STIPULATION AND ORDER EXTENDING CLASS CERTIFICATION DISCOVERY CUT-OFF DATE AND SETTING CLASS CERTIFICATION BRIEFING SCHEDULE: Lead Plaintiffs' Motion for Class Certification shall be filed on or before June 28, 2013; Defendants' Opposition to Plaintiffs' Motion for Class Certification shall be filed on or before August 14, 2013; Lead Plaintiffs' Reply in further support of their Motion for Class Certification shall be due September 20, 2013; Expert reports, if any, shall be filed in conjunction with Lead Plaintiffs' Motion for Class Certification and Defendants' Opposition to Plaintiffs' Motion, on June 28, 2013 and August 14, 2013, respectively, and rebuttal expert reports will filed in conjunction with Plaintiffs' Reply in further support of their Motion for Class Certification; Defendants shall take the deposition of Lead Plaintiffs' initial expert, if any, before August 14, 2013; Lead Plaintiffs shall take the deposition of Defendants' expert, if any, before September 20, 2013; Defendants shall have the right and opportunity to take the deposition of Lead Plaintiffs' rebuttal expert, if any, including taking a second deposition of Lead Plaintiffs' initial expert if Lead Plaintiffs use the same expert as their rebuttal expert, at least seven (7) days before the date of the hearing on Lead Plaintiffs' Motion for Class Certification. All non-expert discovery related to class certification, excepting the deposition of Zachary Lewy, shall be completed no later than June 28, 2013. ( Discovery due by 6/28/2013. Motions due by 6/28/2013. Responses due by 8/14/2013. Replies due by 9/20/2013.) (Signed by Judge P. Kevin Castel on 5/10/2013) (ja) (Entered: 05/10/2013)

05/22/2013 109 NOTICE OF WITHDRAWAL AND ORDER: that Micol O. Sordina is no longer associated with Winston & Strawn LLP and should be withdrawn as counsel of record on behalf of Defendants SkyPeople Fruit Juice, Inc., Honge Xue, Xiaoqin Yan, Spring Liu, Norman Ko, and John Smagula in the above-captioned action. (Signed by Judge P. Kevin Castel on 5/21/2013) (ja) (Entered: 05/22/2013)

05/23/2013 110 NOTICE OF CHANGE OF ADDRESS by Micol Olimpia Sordina on behalf of Norman Ko, Spring Liu, Skypeople Fruit Juice, Inc., John Smagula, Hongke Xue, Xiaoqin Yan. New Address: Weingarten Brown LLP, 10866 Wilshire Blvd., Suite 500, Los Angeles, California, 90024, 310-229-9300. (Sordina, Micol) (Entered: 05/23/2013)

05/30/2013 111 MOTION for Issuance of Letters Rogatory as to BDO Limited Hong Kong, Records Custodian in Hong Kong. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Text of Proposed Order)(Rosen, Laurence) (Entered: 05/30/2013)

05/30/2013 112 MEMORANDUM OF LAW in Support re: 111 MOTION for Issuance of Letters Rogatory as to BDO Limited Hong Kong, Records Custodian in Hong Kong.. Document filed by Eric Klement, John Lee, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 05/30/2013)

06/03/2013 113 ORDER FOR ISSUANCE OF A REQUEST FOR JUDICIAL ASSISTANCE (LETTER OF REQUEST) UNDER THE HAGUE CONVENTION ON THE

06/18/2013 114

TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS granting 111 Motion for Issuance of Letters Rogatory. IT IS HEREBY ORDERED: Plaintiffs' Application for Letter of Request is GRANTED; The Letter of Request under the Hague Convention will be issued in duplicate herewith, signed by the Court; and The Clerk of the Court shall affix its official seal to each of the Letters of Request and shall send the original, sealed, Letters of Request in duplicate, by international registered mail using postage-paid envelopes provided to the Court by the Applicant. (Signed by Judge P. Kevin Castel on 5/31/2013) (ja) (Entered: 06/03/2013)

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE FROM JULY 5, 2013: The Case Management Conference is continued from July 5, 2013 at 11:00 a.m. to July 23 at 2 p.m. Next time, simple letter should suffice. ( Case Management Conference set for 7/23/2013 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/18/2013) (ja) (Entered: 06/19/2013)

06/19/2013 115 CLERK CERTIFICATE OF MAILING of one copy of the REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (LETTER ROGATORY) PURSUANT TO THE HAGUE CONVENTION OF 18MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS mailed to CHIEF SECRETARY FOR ADMINISTRATION HONG KONG SPECIAL ADMINISTRATIVE REGION GOVT ROOM 140 EAST WING CENTRAL GOVERNMENT OFFICES LOWER ALBERT ROAD HONG KONG, CHINA on 06/19/2013 by Certified Mail tracking # USPS LJ 898 913 899 US, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (ca) (Entered: 06/19/2013)

06/28/2013 116 MOTION to Certify Class. Document filed by Eric Klement, Zachary Lewy, Benjamin L. Padnos. Responses due by 8/14/2013 (Attachments: # 1 Text of Proposed Order)(Horne, Jonathan) (Entered: 06/28/2013)

06/28/2013 117

06/28/2013 118

MEMORANDUM OF LAW in Support re: 116 MOTION to Certify Class.. Document filed by Eric Klement, Zachary Lewy, Benjamin L. Padnos. (Horne, Jonathan) (Entered: 06/28/2013)

DECLARATION of JONATHAN HORNE in Support re: 116 MOTION to Certify Class.. Document filed by Eric Klement, Zachary Lewy, Benjamin L. Padnos. (Attachments: # 1 Exhibit 1-6)(Horne, Jonathan) (Entered: 06/28/2013)

07/17/2013

07/23/2013

119 ORDER: Premotion conference is waived for plaintiffs proposed motion to amend outlined in its letter of July 16, 2013. Plaintiff should annex the proposed amended pleading and a marked to show changes copy. Motion should address how the scope of discovery and the pending motion for class certification would be altered, if any. Motion due August 2, 20l3; response due August 23, 2013; and reply, if any, due September 5, 2013. SO ORDERED. ( Motions due by 8/2/2013., Responses due by 8/23/2013, Replies due by 9/5/2013.) (Signed by Judge P. Kevin Castel on 7/16/2013) (ama) (Entered: 07/17/2013)

Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference held on 7/23/2013. (Nacanther, Florence) (Entered: 07/23/2013)

07/29/2013

120 NOTICE of Settlement. Document filed by Eric Klement, Zachary Lewy, Benjamin L. Padnos. (Rosen, Laurence) (Entered: 07/29/2013)

08/01/2013 121 MEMO ENDORSEMENT on 120 Notice of Settlement filed by Eric Klement, Zachary Lewy, Benjamin L. Padnos. ENDORSEMENT: In view of the proposed settlement, the motion to certify is deemed withdrawn without prejudice (DE 116). The dates in the Order of July 17, 2013 are stayed. (Signed by Judge P. Kevin Castel on 8/1/2013) (ja) (Entered: 08/02/2013)

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