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US District Court Civil Docket as of 08/06/2013 Retrieved from the court on August 08, 2013 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:13-cv-03008-RGK-PJW Kevin Smyth v. Yu Chang et al Assigned to: Judge R. Gary Klausner Referred to: Magistrate Judge Patrick J. Walsh Demand: $75,000 Related Case: 2:11-cv-01331-RGK-PJW Case in other court: Delaware, 1:12-cv-01262 Cause: 15:78m(a) Securities Exchange Act Plaintiff Date Filed: 04/30/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Kevin Smyth Individually and On Behalf of All Others Similarly Situated represented by Seth D Rigrodsky Rigrodsky and Long PA 2 Righter Parkway Suite 120 Wilmington, DE 19803 302-295-5310 Fax: 302-654-2530 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Brian D Long Rigrodsky and Long PA 2 Righter Parkway Suite 120 Wilmington, DE 19803 302-295-5310 Fax: 302-654-7530 Email: [email protected] ATTORNEY TO BE NOTICED Laurence M Rosen The Rosen Law Firm PA 355 South Grand Avenue Suite 2450 Los Angeles, CA 90071 213-785-2610 Fax: 213-226-4684 Email: [email protected] ATTORNEY TO BE NOTICED Phillip Kim The Rosen Law Firm PA 275 Madison Avenue 34th Floor

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Page 1: UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF ...securities.stanford.edu › ... › 201386_r01k_13CV03008.pdf · Kevin Smyth Individually and On Behalf of All Others Similarly

US District Court Civil Docket as of 08/06/2013 Retrieved from the court on August 08, 2013

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)

CIVIL DOCKET FOR CASE #: 2:13-cv-03008-RGK-PJW

Kevin Smyth v. Yu Chang et al Assigned to: Judge R. Gary Klausner Referred to: Magistrate Judge Patrick J. Walsh Demand: $75,000 Related Case: 2:11-cv-01331-RGK-PJW Case in other court: Delaware, 1:12-cv-01262

Cause: 15:78m(a) Securities Exchange Act

Plaintiff

Date Filed: 04/30/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Kevin Smyth Individually and On Behalf of All Others Similarly Situated

represented by Seth D Rigrodsky Rigrodsky and Long PA 2 Righter Parkway Suite 120 Wilmington, DE 19803 302-295-5310 Fax: 302-654-2530 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian D Long Rigrodsky and Long PA 2 Righter Parkway Suite 120 Wilmington, DE 19803 302-295-5310 Fax: 302-654-7530 Email: [email protected] ATTORNEY TO BE NOTICED

Laurence M Rosen The Rosen Law Firm PA 355 South Grand Avenue Suite 2450 Los Angeles, CA 90071 213-785-2610 Fax: 213-226-4684 Email: [email protected] ATTORNEY TO BE NOTICED

Phillip Kim The Rosen Law Firm PA 275 Madison Avenue 34th Floor

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New York, NY 10016 212-686-1060 Fax: 212-202-3827 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

represented by Eric M Andersen Mark Andersen PA 1201 North Orange Street 3rd Floor Wilmington, DE 19801 302-559-2119 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

represented by Laurence M Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Laurence M Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

represented by Laurence M Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Gary Sandlass TERMINATED: 07/18/2013

Plaintiff

Seung Ho Lee

Plaintiff

Sang Chul Han

Plaintiff

Premium Alliance Investment Limited

Plaintiff

Te Gyun Kim represented by Laurence M Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

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HSP Investments Limited represented by Laurence M Rosen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Movant

Robert Omes TERMINATED: 07/18/2013

represented by Peter Bradford deLeeuw Rosenthal Monhait and Goddess PA 919 Market Street Suite 1401 PO Box 1070 Wilmington, DE 19899-1070 302-656-4433 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Seidman , Jr Bernstein Liebhard LLP 10 East 40th Street New York, NY 10016 212-779-1414 Fax: 212-779-3218 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Victor van de Reijt Holding BV represented by Peter Bradford deLeeuw TERMINATED: 07/18/2013

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Kim Group represented by Brian D Long TERMINATED: 07/18/2013

Rigrodsky and Long PA 2 Righter Parkway Suite 120 Wilmington, DE 19803 302-295-5310 Fax: 302-654-7530 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurence M Rosen (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Yu Chang

Defendant

Yau-Sing Tang

Defendant

Xiao Rong Teng

Defendant

China Agritech Inc represented by Richard Douglas Heins Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 Email: [email protected] TERMINATED: 05/01/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Seth A Aronson O'Melveny and Myers LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071-2899 213-430-6000 Fax: 213-430-6407 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Gene Michael Bennett

Defendant

Ming Fang Zhu

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Defendant

Zheng Anne Wang

Defendant

Charles Law

Defendant

Lun Zhang Dai

Defendant

Hai Lin Zhang

Defendant

Chien-Lee Loh

Defendant

Charles Chien-Lee Law

Defendant

Charles Chien-Lee Loh

Date Filed # Docket Text

10/04/2012 1 CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS filed with Jury Demand against Gene Michael Bennett, Yu Chang, China Agritech Inc., Lun Zhang Dai, Charles Law, Yau-Sing Tang, Xiao Rong Teng, Zheng Anne Wang, Hai Lin Zhang, Ming Fang Zhu - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 17370.) - filed by Kevin Smyth. (Attachments: # 1 Civil Cover Sheet)(dmp, ) (Additional attachment(s) added on 10/5/2012: # 2 Acknowledgement of Consent Form) (dmp, ). [Transferred from Delaware on 4/30/2013.] (Entered: 10/05/2012)

10/04/2012 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) [Transferred from Delaware on 4/30/2013.] (Entered: 10/05/2012)

10/04/2012 Summons Issued with Magistrate Consent Notice attached as to Gene Michael Bennett on 10/4/2012; Yu Chang on 10/4/2012; China Agritech Inc. on 10/4/2012; Lun Zhang Dai on 10/4/2012; Charles Law on 10/4/2012; Yau-Sing Tang on 10/4/2012; Xiao Rong Teng on 10/4/2012; Zheng Anne Wang on 10/4/2012; Hai Lin Zhang on 10/4/2012; Ming Fang Zhu on 10/4/2012. (dmp, ) [Transferred from Delaware on 4/30/2013.] (Entered: 10/05/2012)

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10/10/2012 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 4/30/2013.] (Entered: 10/10/2012)

12/07/2012 3 MOTION to Appoint Counsel Gainey & McKenna and Mark Andersen, P.A. - filed by Gary Sandlass. (Attachments: # 1 Memorandum of Law in Support of the Motion, # 2 Text of Proposed Order, # 3 Declaration in Support of Motion, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Andersen, Eric) [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 4 MOTION For Appointment Of Victor van de Reijt Holding BV And Robert Omes As Lead Plaintiffs And For Approval Of Selection Of Counsel - filed by Robert Omes, Victor van de Reijt Holding BV. (Attachments: # 1 Proposed Order)(deLeeuw, Peter) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 5 MOTION to Appoint Kim Group as Lead Plaintiff - filed by Kim Group. (Attachments: # 1 Proposed Order)(Long, Brian) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 6 OPENING BRIEF in Support re 4 MOTION For Appointment Of Victor van de Reijt Holding BV And Robert Omes As Lead Plaintiffs And For Approval Of Selection Of Counsel, filed by Robert Omes, Victor van de Reijt Holding BV.Answering Brief/Response due date per Local Rules is 12/26/2012. (deLeeuw, Peter) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 7 DECLARATION of Joseph R. Seidman, Jr. re 4 MOTION For Appointment Of Victor van de Reijt Holding BV And Robert Omes As Lead Plaintiffs And For Approval Of Selection Of Counsel, by Robert Omes, Victor van de Reijt Holding BV. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(deLeeuw, Peter) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 8 OPENING BRIEF in Support re 5 MOTION to Appoint Kim Group as Lead Plaintiff, filed by Kim Group.Answering Brief/Response due date per Local Rules is 12/26/2012. (Long, Brian) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/07/2012 9 DECLARATION re 5 MOTION to Appoint Counsel, by Kim Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Long, Brian) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/07/2012)

12/24/2012 10 MEMORANDUM in Opposition re 4 MOTION to Appoint Counsel, and 5 MOTION to Appoint Counsel, filed by Gary Sandlass.Reply Brief due date per Local Rules is 1/7/2013. (Andersen, Eric) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/24/2012)

12/26/2012 11 ANSWERING BRIEF in Opposition re 4 MOTION to Appoint Counsel, and 3 MOTION to Appoint Counsel, filed by Kim Group.Reply Brief due date per Local Rules is 1/7/2013. (Long, Brian) Modified on 12/27/2012 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 12/26/2012)

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01/07/2013 12 REPLY BRIEF re 3 MOTION to Appoint Counsel, filed by Gary Sandlass. (Attachments: # 1 Appendix, # 2 Exhibit 1-4, # 3 Exhibit 5-7, # 4 Exhibit 8- 13)(Andersen, Eric) Modified on 1/8/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 01/07/2013)

01/07/2013 13 REPLY BRIEF re 5 MOTION to Appoint Kim Group as Lead Plaintiff filed by Kim Group. (Long, Brian) [Transferred from Delaware on 4/30/2013.] (Entered: 01/07/2013)

01/29/2013 ORAL ORDER: The Court will hear oral argument on the Motions for Appointment (D.I. 3 , 4 , and 5 ) on 4/19/2013, at 3:30 PM in Courtroom 6A before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 1/29/2013. (nms) Modified on 3/26/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 01/29/2013)

01/29/2013 14 Letter to Judge Richard G. Andrews from P. Bradford deLeeuw regarding decision re appointment of lead plaintiff. (deLeeuw, Peter) [Transferred from Delaware on 4/30/2013.] (Entered: 01/29/2013)

01/31/2013 15 STIPULATION and Order Regarding No Obligation to Respond to Original Complaint and Setting Time to Respond to Amended Complaint by China Agritech Inc.. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 01/31/2013)

02/01/2013 16 NOTICE of Appearance by Richard Douglas Heins on behalf of China Agritech Inc. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/01/2013)

02/01/2013 17 ORDER Granting 15 Stipulation and Order Regarding No Obligation to Respond to Original Complaint and Setting Time to Respond to Amended Complaint, filed by China Agritech Inc. (see Order for further details). Signed by Judge Richard G. Andrews on 2/1/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 02/01/2013)

02/19/2013 18 MOTION to Transfer Case to Central District of California - filed by China Agritech Inc.. (Attachments: # 1 Text of Proposed Order)(Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/19/2013)

02/19/2013 19 OPENING BRIEF in Support re 18 MOTION to Transfer Case to Central District of California filed by China Agritech Inc..Answering Brief/Response due date per Local Rules is 3/8/2013. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/19/2013)

02/19/2013 20 DECLARATION of Seth Aronson re 18 MOTION to Transfer Case to Central District of California, by China Agritech Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibits 2-4, # 3 Exhibits 5-9, # 4 Exhibits 10-11, # 5 Exhibit 12, # 6 Exhibits 13-21)(Heins, Richard) Modified on 2/20/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 02/19/2013)

02/19/2013 21 Disclosure Statement pursuant to Rule 7.1 filed by China Agritech Inc.. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/19/2013)

02/20/2013 22 MOTION for Pro Hac Vice Appearance of Attorney William K. Pao - filed by China Agritech Inc.. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/20/2013)

02/20/2013 SO ORDERED, re 22 MOTION for Pro Hac Vice Appearance of Attorney William K.

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Pao filed by China Agritech Inc.. Signed by Judge Richard G. Andrews on 2/20/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 02/20/2013)

02/21/2013 23 MOTION for Pro Hac Vice Appearance of Attorney Laurence M. Rosen - filed by Kim Group. (Long, Brian) [Transferred from Delaware on 4/30/2013.] (Entered: 02/21/2013)

02/21/2013 24 MOTION for Pro Hac Vice Appearance of Attorney Seth Aronson - filed by China Agritech Inc.. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 02/21/2013)

02/21/2013 SO ORDERED, re 24 MOTION for Pro Hac Vice Appearance of Attorney Seth Aronson filed by China Agritech Inc., 23 MOTION for Pro Hac Vice Appearance of Attorney Laurence M. Rosen filed by Kim Group. Signed by Judge Richard G. Andrews on 2/21/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 02/21/2013)

03/08/2013 25 STIPULATION TO EXTEND TIME To File Response to Defendants' Motion to Transfer to March 13, 2013 - filed by Kevin Smyth. (Long, Brian) [Transferred from Delaware on 4/30/2013.] (Entered: 03/08/2013)

03/08/2013 26 RESPONSE to 18 MOTION to Transfer Case to Central District of California, filed by Robert Omes, Victor van de Reijt Holding BV. (deLeeuw, Peter) Modified on 3/8/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 03/08/2013)

03/11/2013 SO ORDERED, re 25 STIPULATION TO EXTEND TIME To File Response to 18 Motion to Transfer to March 13, 2013, filed by Kevin Smyth (Reset Briefing Schedule: re 18 MOTION to Transfer Case to Central District of California. Answering Brief due 3/13/2103., Reply Brief due 3/25/2013). Signed by Judge Richard G. Andrews on 3/11/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/11/2013)

03/13/2013 27 ANSWERING BRIEF in Opposition re 18 MOTION to Transfer Case to Central District of California filed by Kevin Smyth.Reply Brief due date per Local Rules is 3/25/2013. (Long, Brian) [Transferred from Delaware on 4/30/2013.] (Entered: 03/13/2013)

03/13/2013 28 DECLARATION of Laurence Rosen re 27 Answering Brief in Opposition, by Kevin Smyth. (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, # 16 Exhibit 16, # 17 Exhibit 17)(Long, Brian) Modified on 3/14/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 03/13/2013)

03/14/2013 CORRECTING ENTRY: The Brief and Declaration filed at D.I. 29 and 30 on 3/13/2013, have been removed from the docket. Counsel will file a Motion for Leave to Supplement regarding these filings. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/14/2013)

03/19/2013 29 MOTION for Leave to File a Response to Victor van de Reijt Holding BV's and Robert Omes' New Motion for Appointment as Lead Plaintiffs - filed by Kevin Smyth. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 7.1.1 statement)(Long, Brian) Modified on 3/20/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 03/19/2013)

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03/20/2013 30 ORDER Granting 29 MOTION for Leave to File a Response to Victor van de Reijt Holding BV's and Robert Omes' Response. Signed by Judge Richard G. Andrews on 3/20/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/20/2013)

03/20/2013 31 RESPONSE by Kim Group re 26 Response to 18 MOTION to Transfer Case to Central District of California. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/20/2013)

03/20/2013 32 DECLARATION of Phillip Kim re 31 Respone to Objections, by Kevin Smyth. (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)(Long, Brian) Modified on 3/20/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 03/20/2013)

03/22/2013 33 MOTION for Leave to File Response to Victor Van de Reijt Holding BV's and Robert Omes' Motion for Appointment as Lead Plaintiffs - filed by Gary Sandlass. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 7.1.1 Statement)(Andersen, Eric) Modified on 3/25/2013 (nms). Modified on 3/26/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 03/22/2013)

03/25/2013 34 REPLY BRIEF re 18 MOTION to Transfer Case to Central District of California filed by China Agritech Inc.. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 03/25/2013)

03/25/2013 36 ORDER Granting 33 MOTION for Leave to File Response to Victor Van de Reijt Holding BV's and Robert Omes' Motion for Appointment as Lead Plaintiffs, filed by Gary Sandlass. Signed by Judge Richard G. Andrews on 3/25/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/26/2013)

03/25/2013 37 Response to 26 RESPONSE to 18 MOTION to Transfer Case to Central District of California, filed by Gary Sandlass. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 03/26/2013)

03/26/2013 35 REQUEST for Oral Argument by China Agritech Inc. re 18 MOTION to Transfer Case to Central District of California. (Heins, Richard) [Transferred from Delaware on 4/30/2013.] (Entered: 03/26/2013)

04/12/2013 ORAL ORDER: The Court will also hear oral argument on 18 MOTION to Transfer Case to Central District of California on 4/19/2013 at 03:30 PM in Courtroom 6A before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 4/12/2013. (ksr, )[Transferred from Delaware on 4/30/2013.] (Entered: 04/12/2013)

04/15/2013 38 Letter to The Honorable Richard G. Andrews from Richard D. Heins regarding Oral Argument re 18 Motion to Transfer Case to Central District of California. (Heins, Richard) Modified on 4/16/2013 (nms). [Transferred from Delaware on 4/30/2013.] (Entered: 04/15/2013)

04/15/2013 39 MOTION for Pro Hac Vice Appearance of Attorney Thomas J. McKenna - filed by Gary Sandlass. (Andersen, Eric) [Transferred from Delaware on 4/30/2013.] (Entered: 04/15/2013)

04/16/2013 SO ORDERED, re 39 MOTION for Pro Hac Vice Appearance of Attorney Thomas J. McKenna filed by Gary Sandlass. Signed by Judge Richard G. Andrews on 4/16/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 04/16/2013)

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04/16/2013 ORAL ORDER: The request at D.I. 38 is DENIED. Another attorney can make argument on behalf of China Ag. Ordered by Judge Richard G. Andrews on 4/16/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 04/16/2013)

04/17/2013 40 MOTION for Pro Hac Vice Appearance of Attorney Joseph R. Seidman, Jr. of Bernstein Liebhard LLP to represent movants Robert Omes and Victor van de Reijt Holding BV - filed by Robert Omes, Victor van de Reijt Holding BV. (deLeeuw, Peter) [Transferred from Delaware on 4/30/2013.] (Entered: 04/17/2013)

04/17/2013 SO ORDERED, re 40 MOTION for Pro Hac Vice Appearance of Attorney Joseph R. Seidman, Jr. of Bernstein Liebhard LLP to represent movants Robert Omes and Victor van de Reijt Holding BV filed by Robert Omes, Victor van de Reijt Holding BV. Signed by Judge Richard G. Andrews on 4/17/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 04/17/2013)

04/19/2013 Minute Entry for proceedings held before Judge Richard G. Andrews - Oral Argument held on 4/19/2013. The Court granted D.I. 18 MOTION to Transfer Case to Central District of California. An Order will follow. (Court Reporter Taneha Carroll - Hawkins Reporting Service.) (ksr, ) [Transferred from Delaware on 4/30/2013.] (Entered: 04/19/2013)

04/19/2013 41 ORDER Granting 18 MOTION to Transfer Case to Central District of California, filed by China Agritech Inc.. Signed by Judge Richard G. Andrews on 4/19/2013. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 04/19/2013)

04/23/2013

04/30/2013

04/30/2013

Pro Hac Vice Attorney Joseph R. Seidman for Robert Omes added for electronic noticing. (els) [Transferred from Delaware on 4/30/2013.] (Entered: 04/23/2013)

Case transferred to the Central District of California. Certified copy of transfer order, and docket sheet sent. (nms) [Transferred from Delaware on 4/30/2013.] (Entered: 04/30/2013)

42 ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware (Entered: 04/30/2013)

04/30/2013 43 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number 1:12cv1262 RGA from the District of Delaware (Wilmington) the case number is now 2:13CV3008 JFW (MANx) for the Central District of California (Western Division). (esa) (Entered: 04/30/2013)

04/30/2013

04/30/2013

44 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) (Entered: 04/30/2013)

45 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Seth D Rigrodsky for Plaintiff Kevin Smyth. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered: 04/30/2013)

04/30/2013

46 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Brian D Long for Plaintiff Kevin Smyth. Your Pro Hac Vice application has not been

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received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered: 04/30/2013)

04/30/2013 47 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Eric M Andersen for Plaintiff Gary Sandlass. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered: 04/30/2013)

04/30/2013 48 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Richard Douglas Heins for Defendant China Agritech Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered: 04/30/2013)

05/01/2013 49 NOTICE of Related Case(s) filed by Defendant China Agritech Inc. Related Case(s): 11-CV-01331, 11-CV-04417 (Aronson, Seth) (Entered: 05/01/2013)

05/01/2013 50 NOTICE of Interested Parties filed by defendant China Agritech Inc, identifying Federal Insurance Company, Antares, XL Insurance Company Ltd., China Ping'An Insurance (Hong Kong) Co., Ltd., PICC Property and Casualty Company Limited, Zurich Insurance Company, and Liberty International Underwriters. (Aronson, Seth) (Entered: 05/01/2013)

05/01/2013 51 CORPORATE DISCLOSURE STATEMENT filed by Defendant China Agritech Inc (Aronson, Seth) (Entered: 05/01/2013)

05/01/2013 52 NOTICE of Change of Attorney Information for attorney Seth A Aronson counsel for Defendant China Agritech Inc.Richard Heins is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant China Agritech, Inc. (Aronson, Seth) (Entered: 05/01/2013)

05/02/2013 53 STANDING ORDER by Judge John F. Walter: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Counsel are ORDERED to deliver 2 copies of all documents filed electronically in this action to Chambers. For each document filed electronically, one copy shall be marked CHAMBERS COPY and the other copy shall be marked COURTESY COPY. (kbr) (Entered: 05/02/2013)

05/10/2013 54 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 11-01331 RGK(PJWx). Case transferred from Magistrate Judge Margaret A. Nagle and Judge John F. Walter to Judge R. Gary Klausner and Magistrate Judge Patrick J. Walsh for all further proceedings. The case number will

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now reflect the initials of the transferee Judge CV 13-03008 RGK(PJWx). Signed by Judge R. Gary Klausner (rn) (Entered: 05/10/2013)

06/13/2013

06/14/2013

06/19/2013

06/20/2013

55 STANDING ORDER by Judge R. Gary Klausner. (rne) (Entered: 05/17/2013)

56 NOTICE TO ALL PARTIES AND ORDER. This matter has been transferred to the calendar of the Honorable R. Gary Klausner, United States District Judge. The parties are hereby notified that the reference to the ADR Program is VACATED. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sw) TEXT ONLY ENTRY (Entered: 06/13/2013)

57 Notice of Withdrawal of Motion for Appointment of Counsel, 3 filed by Movant Gary Sandlass. (Bishop, Patrice) (Entered: 06/13/2013)

58 MINUTE ORDER IN CHAMBERS Order re: (1) Deadlines for Responsive Pleadings and (2) Order to Show Cause Why Individuals Defendants Should Not Be Dismissed for Failure to Comply with FRCP 4(m) by Judge R. Gary Klausner: On May 10, 2013, this case was transferred to this Court, Upon review of the record, the Court ORDERS the following: (1) The February 1, 2013 Order granting the parties stipulation regarding no obligation to respond to the original complaint and setting time to respond to the amended complaint (DE 17) is vacated; (2) Defendants are ordered to file an answer or responsive pleading to Plaintiffs' Complaint by July 18, 2013; (3) Plaintiffs are ordered to show cause why the individual defendants should not be dismissed for Plaintiffs' failure to comply with Federal Rule of Civil Procedure 4(m) by June 20, 2013. Plaintiffs' brief is limited to 5 pages. (bp) (Entered: 06/14/2013)

59 NOTICE of Appearance filed by attorney Laurence M Rosen on behalf of Plaintiff Kevin Smyth (Rosen, Laurence) (Entered: 06/19/2013)

60 RESPONSE filed by Plaintiff Kevin Smythto Minutes of In Chambers Order/Directive - no proceeding held,,, 58 (Rosen, Laurence) (Entered: 06/20/2013)

05/17/2013

06/13/2013

06/27/2013 61 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Scheduling Conference set for 8/26/2013 at 9:00 am. See Order for specific details and deadlines. (sw) (Entered: 06/27/2013)

06/27/2013 62 NOTICE OF MOTION AND MOTION to Strike Class Allegations From Plaintiff Kevin Smyth's Complaint filed by Defendant China Agritech Inc. Motion set for hearing on 7/29/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum Of Points and Authorities in Support of Motion to Strike Class Allegations, # 2 Proposed Order)(Aronson, Seth) (Entered: 06/27/2013)

06/27/2013 63 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant China Agritech Inc. Motion set for hearing on 7/29/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum Of Points And Authorities In Support of Motion To Dismiss Plaintiff Kevin Smyth's Complaint, # 2 Proposed Order)(Aronson, Seth) (Entered: 06/27/2013)

06/27/2013 64 DECLARATION of Seth Aronson in support of MOTION to Strike Class Allegations From Plaintiff Kevin Smyth's Complaint 62 , MOTION to Dismiss Case 63 filed by Defendant China Agritech Inc. (Attachments: # 1 Exhibit 1 to 27 of S. Aronson Declaration)(Aronson, Seth) (Entered: 06/27/2013)

06/27/2013 65 REQUEST FOR JUDICIAL NOTICE re MOTION to Strike Class Allegations From

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Plaintiff Kevin Smyth's Complaint 62 , MOTION to Dismiss Case 63 64 filed by Defendant China Agritech Inc. (Aronson, Seth) (Entered: 06/27/2013)

07/03/2013 66 OPPOSITION to MOTION to Strike Class Allegations From Plaintiff Kevin Smyth's Complaint 62 , MOTION to Dismiss Case 63 filed by Plaintiff Kevin Smyth. (Rosen, Laurence) (Entered: 07/03/2013)

07/03/2013 67 TEXT ONLY ENTRY (IN CHAMBERS): Judge R. Gary Klausner is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at [email protected] . Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(adu) TEXT ONLY ENTRY (Entered: 07/03/2013)

07/05/2013 68 REPLY In Support MOTION to Dismiss Case 63 filed by Defendant China Agritech Inc. (Aronson, Seth) (Entered: 07/05/2013)

07/05/2013 69 REPLY In Support MOTION to Strike Class Allegations From Plaintiff Kevin Smyth's Complaint 62 filed by Defendant China Agritech Inc. (Aronson, Seth) (Entered: 07/05/2013)

07/05/2013 70 MINUTES (IN CHAMBERS) ORDER AND ORDER TO SHOW CAUSE by Judge R. Gary Klausner. Response to Order to Show Cause due by 7/19/2013. Previously issued Order to Show Cause 58 is discharged. (rne) (Entered: 07/08/2013)

07/16/2013 71 APPLICATION for attorney Phillip Kim to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12409813 paid.) filed by Plaintiff Kevin Smyth. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/16/2013)

07/17/2013 72 ORDER by Judge R. Gary Klausner: granting 71 Application to Appear Pro Hac Vice by Attorney Phillip Kim on behalf of Plaintiff, designating Laurence Rosen as local counsel. (lt) (Entered: 07/18/2013)

07/18/2013 76 (FIRST) AMENDED COMPLAINT against Plaintiff and Defendants Gene Michael Bennett, Yu Chang, China Agritech Inc, Lun Zhang Dai, Charles Law, Yau-Sing Tang, Xiao Rong Teng, Zheng Anne Wang, Hai Lin Zhang, Ming Fang Zhu, Seung Ho Lee, Sang Chul Han, Premium Alliance Investment Limited, Te Gyun Kim, HSP Investments Limited, Chien-Lee Loh, Charles Chien-Lee Law, Charles Chien-Lee Loh; Party Gary Sandlass, Victor van de Reijt Holding BV, Kim Group and Robert Omes terminated amending Complaint - (Discovery), 1 ; Jury Demand,filed by Plaintiffs Kevin Smyth, Seung Ho Lee, Sang Chul Han, Premium Alliance Investment Limited, Te Gyun Kim, HSP Investments Limited (shb) (shb). (Additional attachment(s) added on 7/26/2013: # 1 summons) (shb). (Entered: 07/19/2013)

07/18/2013 80 21 DAY Summons Issued re Amended Complaint,,, 76 as to Defendants Gene Michael Bennett, Yu Chang, China Agritech Inc, Lun Zhang Dai, Charles Chien-Lee Law, Charles Chien-Lee Loh, Chien-Lee Loh, Yau-Sing Tang, Xiao Rong Teng, Zheng Anne Wang, Hai Lin Zhang, Ming Fang Zhu. (shb) (Entered: 07/26/2013)

07/19/2013 73 RESPONSE filed by Movant Kim Group, Plaintiff Kevin Smythto Order to Show Cause 70 (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 07/19/2013)

07/19/2013 74 NOTICE OF MOTION AND MOTION for Leave to to Authorize Service of Individual

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Defendants Located Abroad by Serving CAGC's Counsel Pursuant to FRCP 4(f)(3) , Memorandum of Points and Authorities In Support Thereof filed by Plaintiffs Kim Group, Kevin Smyth. Motion set for hearing on 8/19/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 07/19/2013)

07/19/2013 75 DECLARATION of Laurence Rosen in support of MOTION for Leave to to Authorize Service of Individual Defendants Located Abroad by Serving CAGC's Counsel Pursuant to FRCP 4(f)(3) , Memorandum of Points and Authorities In Support Thereof 74 filed by Movant Kim Group, Plaintiff Kevin Smyth. (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 07/19/2013)

07/19/2013 77 BRIEF filed by defendant China Agritech Inc. regarding Order to Show Cause 70 . (Attachments: # 1 Declaration of Seth Aronson in Support of, # 2 Exhibits 1 throught 5 to Declaration of Aronson)(Aronson, Seth) (Entered: 07/19/2013)

07/22/2013 78 NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant China Agritech, Inc.s Motion to Strike Class Allegations (DE 62); and Defendant China Agritech, Inc.s Motion to Dismiss Case (DE 63), noticed for hearing on July 29, 2013, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sw) TEXT ONLY ENTRY (Entered: 07/22/2013)

07/24/2013 79 MINUTES (IN CHAMBERS) Order re: (1) Motion to Strike Class Allegations (DE 62) and (2) Motion to Dismiss (DE 63) by Judge R. Gary Klausner: Court records show that Plaintiff filed a First Amended Complaint on 7/18/2013. In light theamended complaint, Defendants' Motion to Strike Class Allegations 62 and Motion to Dismiss

1 63 are hereby DENIED AS MOOT. (jp) (Entered: 07/25/2013)

07/29/2013 81 OPPOSITION re: MOTION for Leave to to Authorize Service of Individual Defendants Located Abroad by Serving CAGC's Counsel Pursuant to FRCP 4(f)(3) , Memorandum of Points and Authorities In Support Thereof 74 filed by Defendant China Agritech Inc. (Attachments: # 1 Declaration Of Seth Aronson, # 2 Exhibit 1 to 9)(Aronson, Seth) (Entered: 07/29/2013)

08/05/2013 82 NOTICE OF MOTION AND MOTION to Strike Amended Complaint,,, 76 /Class Allegations from Amended Complaint filed by defendant China Agritech Inc. Motion set for hearing on 9/3/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities in Support of, # 2 Proposed Order)(Aronson, Seth) (Entered: 08/05/2013)

08/05/2013 83. NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Amended Complaint filed by defendant China Agritech Inc. Motion set for hearing on 9/3/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum of Points and Authorities in Support of, # 2 Proposed Order)(Aronson, Seth) (Entered: 08/05/2013)

08/05/2013 84 DECLARATION of Seth Aronson in Support of MOTION to Dismiss Plaintiffs' Amended Complaint 83 , MOTION to Strike Amended Complaint,,, 76 /Class Allegations from Amended Complaint 82 filed by Defendant China Agritech Inc. (Attachments: # 1 Exhibits 1 through 17, # 2 Exhibits 18 through 33)(Aronson, Seth) (Entered: 08/05/2013)

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08/05/2013 85 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' Amended Complaint 83 , MOTION to Strike Amended Complaint,,, 76 /Class Allegations from Amended Complaint 82 filed by defendant China Agritech Inc. (Aronson, Seth) (Entered: 08/05/2013)

08/05/2013 86 REPLY in further support MOTION for Leave to to Authorize Service of Individual Defendants Located Abroad by Serving CAGC's Counsel Pursuant to FRCP 4(f)(3) ; Memorandum of Points and Authorities In Support Thereof 74 filed by Movant Kim Group. (Rosen, Laurence) (Entered: 08/05/2013)

08/05/2013 87 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiffs HSP Investments Limited, Sang Chul Han, Te Gyun Kim, Seung Ho Lee, Premium Alliance Investment Limited. Motion set for hearing on 9/3/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 08/05/2013)

08/05/2013 88 MEMORANDUM in Support of MOTION to Certify Class 87 filed by Plaintiffs HSP Investments Limited, Sang Chul Han, Te Gyun Kim, Seung Ho Lee, Premium Alliance Investment Limited. (Rosen, Laurence) (Entered: 08/05/2013)

08/05/2013 89 DECLARATION of Laurence Rosen in support of MOTION to Certify Class 87 filed by Plaintiffs HSP Investments Limited, Sang Chul Han, Te Gyun Kim, Seung Ho Lee, Premium Alliance Investment Limited. (Attachments: # 1 Exhibit 1, Howard Mulcahey Declaration, Exs. 1-23, and Appendix A and B, # 2 Exhibit 2 Firm Resume)(Rosen, Laurence) (Entered: 08/05/2013)

08/06/2013 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Certify Class 87 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rne) (Entered: 08/06/2013)

08/06/2013 91 Certificate and Notice of Interested Parties filed by plaintiffs HSP Investments Limited, Sang Chul Han, Te Gyun Kim, Seung Ho Lee, Premium Alliance Investment Limited, Kevin Smyth, (Rosen, Laurence) (Entered: 08/06/2013)

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