Date Filed # Docket Text
04/10/2015§46 NOTICE OF APPEARANCE by Lee Scott Shalov on behalf of Advanced Battery Technologies, Inc., Liqui Bai, Zhiguo Fu, Guopeng Gao, Yulin Hao, Ning Li, John McFadden, Cosimo Patti, Hongjun Si, Guohua Wan, Shaoqin Xia, Chi Yuan Xue, Shiyan Yang. (Shalov, Lee) (Entered: 04/10/2015)
04/07/2015§ Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Evidentiary Hearing held on 4/7/2015. (aba) (Entered: 04/08/2015)
04/06/2015§ ***DELETED DOCUMENT. Deleted document number 44 Letter. The document was a duplicate of document 43 . (mro) (Entered: 04/07/2015)
04/06/2015§45 AFFIRMATION of Lee S. Shalov re: 42 Order to Show Cause,, . Document filed by Advanced Battery Technologies, Inc., Liqui Bai, Zhiguo Fu, Guopeng Gao, Yulin Hao, Ning Li, John McFadden, Cosimo Patti, Hongjun Si, Guohua Wan, Shaoqin Xia, Chi Yuan Xue, Shiyan Yang. (Attachments: # 1 Exhibit A)(Shalov, Lee) (Entered: 04/06/2015)
04/02/2015§43 LETTER addressed to Magistrate Judge Debra C. Freeman from Joel Caplan dated 4/1/2015 re: Upcoming show cause hearing. (aba) (Entered: 04/06/2015)
03/26/2015§42 SCHEDULING ORDER: Carl Braun and the law firm Levi & Korinsky shall show cause as to why they should not be sanctioned for their conduct in commencing, maintaining, and discontinuing this lawsuit, and to report and recommend as to any sanctions that may be appropriate (see Dkts. 40, 41), it is hereby ORDERED that Braun and Levi & Kosinsky, together with defendants' counsel and any other interested persons, shall appear for such a hearing on April 7, 2015, at 10:00 a.m. (Show Cause Hearing set for 4/7/2015 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 3/26/2015) (kko) (Entered: 03/27/2015)
03/24/2015§41 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute:* Show Cause Hearing as described in Docket # 40. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Colleen McMahon on 3/19/2015) (ama) (Entered: 03/24/2015)
03/18/2015§40 ORDER DISMISSING CASE AND ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED ON CARL BRAUN AND COUNSEL FOR PLAINTIFF: I hereby: ORDER that Carl Braun and the law firm of Levi & Korsinsky appear before The Hon. Debra C. Freeman, United States Magistrate Judge, on the date and at the time of her choosing, to show cause why they should not be sanctioned for their conduct in commencing, maintaining and discontinuing this lawsuit. Sanctions to be considered include, but are not limited to, payment of ABAT's legal fees (which should not be very much, since its lawyers did not much of anything except try to settle this case - an effort for which they ought not be compensated) and payment of sanctions to the court, which has occasioned the real injury here. (Signed by Judge Colleen McMahon on 3/18/2015) (kgo) (Entered: 03/18/2015)
03/17/2015§ Terminate Transcript Deadlines (kgo) (Entered: 03/17/2015)
03/17/2015§39 ORDER granting 34 Motion to Dismiss. The Court, having reviewed Plaintiffs' Motion to Dismiss Action, and for good cause shown, IT IS HEREBY ORDERED this 17th day of March, 2015, that Plaintiffs' Motion is: GRANTED. Opinion to follow. (Signed by Judge Colleen McMahon on 3/17/2015) (kgo) (Entered: 03/17/2015)
03/09/2015§ Received returned mail re: 38 Order,,,,. Mail was addressed to Joel Caplan at 116 Pleasant Street, Suite 249, Easthampton, MA 01027, and was returned for the following reason(s): RETURN TO SENDER. VACANT. UNABLE TO FORWARD. (mde) (Entered: 03/10/2015)
02/25/2015§38 RESPONSE TO OBJECTOR'S REQUEST FOR APPOINTMENT OF COUNSEL: I am grateful to Mr. Caplan for his efforts in this case; he has in some respects been more helpful than the lawyers. However, I will not be appointing counsel to pursue this derivative action on his behalf. While I appreciate that Mr. Caplan lost a great deal of money by investing in a Chinese corporation that never had and never will have any intention of playing by the rules of the U.S. securities markets, this Court does not have lawyers who can take cases for people who are not themselves poor, but who simply want to stop hemorrhaging money. The letter motion by non-party objector Joel Caplan for appointment of counsel to represent him on a motion for leave to intervene and assume prosecution of the derivative suit is denied. The Clerk of the Court is directed to remove the motion at Docket #37 from the court's list of open motions. The Court will rule on the motion to dismiss the derivative action shortly. (Signed by Judge Colleen McMahon on 2/25/2015) Copies Mailed By Chambers. (kgo) (Entered: 02/25/2015)
02/25/2015§37 LETTER addressed to Judge Colleen McMahon from Joel A. Caplan dated 2/16/2015 re: I have attached my application "in forma pauperis" and I am available to answer any questions or provide additional documentation that the Court may require. (kgo) (Entered: 02/25/2015)
|