Roberti v. PomDoctor, Ltd. — Entry #80: MEMORANDUM OF LAW in Support re: 79 MOTION for Joinder in the PomDoctor Defendants' Motion to Dismiss Plaintiffs' Amended Complaint
Case: Roberti v. PomDoctor, Ltd. nysd · 1:26-cv-01013
filed February 05, 2026
What this document is
Docket entry #80 · filed September 11, 2026
MEMORANDUM OF LAW in Support re: 79 MOTION for Joinder in the PomDoctor Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. . Document filed by Cogency Global, Inc...(Jones, Zachary) (Entered: 09/11/2026)
Who is involved
- Brandi McKinney
- Cogency Global, Inc.
- Feng Jingxin
- Joseph Stone Capital, LLC
- Julianne Louie
- Lawrence Alkano
- Li Jinwei
- Li Xu
- Li Zihao
- Marcum Asia CPAs, LLP
- Paolo Roberti
- PomDoctor, Ltd.
- Zhenyang Shi
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Applied Digital: its former name “FLIGHT SAFETY TECHNOLOGIES INC” appears in a filing in this case.
…Co-Lead Counsel. $1.2 million. • Flight Safety Technologies, Inc., (D. Conn.). Rosen Lead Counsel. $1…
- Core Scientific: its name “Core Scientific, Inc.” appears in a filing in this case.
…Rosen Lead Counsel. Pang v. Levitt (Core Scientific, Inc.), No. 22-CV-1191-LY (W.D. Tex.). Rosen…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 08, 2026. Federal court filings are public records.
Document text
4 page(s), 6,078 characters, converted from the PDF's text layer · plain text.
Full text
Case 1:26-cv-01013-RA-SDA Document 80 Filed 09/11/26 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------
PAOLO ROBERTI, FENG JINGXIN, LI
JINWEI, LI ZIHAO, and LAWRENCE No. 1:26-cv-01013-RA-SDA
ALKANO, Individually and on Behalf of All
Others Similarly Situated,
Plaintiff,
v.
POMDOCTOR, LTD. ZHENYANG SHI,
LI XU, COGENCY GLOBAL, INC. and
JOSEPH STONE CAPITAL, LLC,
Defendants.
-------------------------------------------------------
MEMORANDUM OF LAW IN SUPPORT OF COGENCY GLOBAL INC.’S JOINDER
IN THE POMDOCTOR DEFENDANTS’ MOTION TO DISMISS
PLAINTIFFS’ AMENDED COMPLAINT
K&L GATES LLP
Joanna A. Diakos
Zachary S. Jones
599 Lexington Avenue
New York, NY 10022
Telephone: (212) 536-3900
Attorneys for Cogency Global Inc.
Case 1:26-cv-01013-RA-SDA Document 80 Filed 09/11/26 Page 2 of 4
Defendant Cogency Global Inc. (“Cogency Global”), by and through its undersigned
counsel, respectfully joins in the Motion to Dismiss the Amended Complaint filed by Defendants
PomDoctor Ltd. (“PomDoctor”), Zhenyang Shi, and Li Xu (collectively, the “PomDoctor
Defendants”) to promote efficiency and avoid unnecessary duplication of argument.
Cogency Global joins in, and incorporates by reference, the PomDoctor Defendants’
arguments that the Amended Complaint fails to plead an actionable claim under Section 11
because: (1) neither Item 3(D) nor Item 5 of Form 20-F imposed any duty to disclose Joseph
Stone’s historical regulatory record (which was public) or to speculate that unidentified third
parties might later manipulate the aftermarket; (2) the Registration Statement expressly disclosed
the risks Plaintiffs contend were omitted; (3) the alleged omissions are immaterial as a matter of
law; and (4) the Amended Complaint itself demonstrates that the alleged price decline resulted
from the cessation of purported third-party promotional activity, not from the revelation of any
false statement or omitted fact in the Registration Statement. Each of these independent grounds
warrants dismissal of the Section 11 claim against Cogency Global.
Cogency Global further submits that, to the extent Plaintiffs’ Section 11 claim depends on
allegations of a concealed pump-and-dump scheme, coordinated promotional activity, artificial
price inflation, and knowing concealment, the claim sounds in fraud and must satisfy Rule 9(b).
Rombach v. Chang, 354 F.3d 164 (2d Cir. 2004). Plaintiffs cannot avoid that heightened pleading
standard merely by disclaiming fraud or scienter; the substance of their allegations controls. Yet
the Amended Complaint pleads no particularized facts showing any wrongful conduct by Cogency
Global, any knowledge on Cogency Global’s part, any communication involving Cogency Global,
or any role by Cogency Global in the alleged promotional activity. For these reasons, and those
Case 1:26-cv-01013-RA-SDA Document 80 Filed 09/11/26 Page 3 of 4
factual and legal arguments set forth in detail in the PomDoctor Defendants’ Motion to Dismiss,
the Section 11 claim against Cogency Global should therefore be dismissed with prejudice.
Respectfully submitted,
By:_/s/ Zachary S. Jones
K&L GATES LLP
Zachary S. Jones
Joanna A. Diakos
599 Lexington Avenue
New York, NY 10022
Telephone: 212.536.3900
[email protected]
[email protected]
Attorneys for Defendant Cogency Global, Inc.
Case 1:26-cv-01013-RA-SDA Document 80 Filed 09/11/26 Page 4 of 4
CERTIFICATION PURSUANT TO SECTION 202.8-b OF THE UNIFORM CIVIL
RULES FOR THE SUPREME COURT AND THE COUNTY COURT
The undersigned attorney for Defendant Cogency Global Inc. certifies that pursuant to
Section 202.8-b of the Uniform Civil Rules for the Supreme Court and the County Court that the
word count for the foregoing Memorandum of Law is 2,195 words, exclusive of the caption and
signature block as counted by the word processing program: Microsoft Word.
Dated: September 11, 2026 Respectfully submitted,
K&L GATES LLP
By: /s/ Zachary S. Jones
Zachary S. Jones
Joanna A. Diakos
K&L Gates LLP
599 Lexington Avenue
New York, New York 10022
Tel.: (212) 536-3900
Fax: (212) 536-3901
Email: [email protected]
Email: [email protected]
Attorneys for Defendant Cogency Global Inc.