Greco v. Qudian Inc. — Entry #63: MEMO ENDORSEMENT on re: 62 Proposed Stipulation and Scheduling Order filed by Juan Pablo Di Benedetto, Galessi Holding Corp., Pablo Greco

Case 1:20-cv-00577-GHW         Document 63      Filed 10/09/22 USDC
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                                                                           DOCUMENT
                                                                           ELECTRONICALLY FILED
                                                                           DOC #:
                                                                           DATE FILED: 10/9/2022

                                                                MEMORANDUM ENDORSED
                            UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF NEW YORK


 STEPHEN BELLINGHAM, Individually                 Case No.: 1:20-cv-00577-GHW
 and On Behalf of All Others Similarly
 Situated,                                        STIPULATION AND [PROPOSED]
                                                  SCHEDULING ORDER
                                   Plaintiff,

                          v.

 QUDIAN INC., MIN LUO, and CARL
 YEUNG,

                                   Defendants.


          WHEREAS, on January 22, 2020, Plaintiff Stephen Bellingham (“Plaintiff”) filed a Class

 Action Complaint asserting federal securities claims under Sections 10(b) and 20(a) of the

 Securities Exchange Act of 1934 (the “Exchange Act”), and SEC Rule 10b-5, on behalf of a

 putative class;

          WHEREAS, pursuant to a Stipulation and Order dated April 7, 2020, the Court appointed

 Juan Pablo di Benedetto and Galessi Holding Corp (collectively, “di Benedetto”) and Pablo

 Greco as Co-Lead Plaintiffs, and approved of Lead Plaintiffs’ selection of Pomerantz LLP and

 Kahn Swick & Foti, LLC as Co-Lead Counsel (Dkt. No. 34);

          WHEREAS, Lead Plaintiffs filed an Amended Complaint on June 12, 2020 (Dkt. No.

44);

          WHEREAS, Defendants filed a motion to dismiss the Amended Complaint on September

4, 2020 (Dkt. No. 54);


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            Case 1:20-cv-00577-GHW              Document 63         Filed 10/09/22      Page 2 of 3


          WHEREAS, on September 13, 2022, the Court granted Defendants’ motion to dismiss,

with leave to file a second amended complaint within 30 days, i.e., by October 13, 2022 (Dkt. No.

61);

          WHEREAS, the parties have conferred and, for the convenience of the parties and the

Court, hereby enter into the following stipulation regarding the schedule for the filing of an

second amended complaint and the defendants’ response thereto;

          NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the

undersigned parties, subject to the Court’s approval, as follows:

            1.       Lead Plaintiffs shall file a Second Amended Complaint no later than November

14, 2022;

            2.       Defendants shall file their pre-motion conference request related to its anticipated

motion to dismiss (“Defendants’ Pre-Motion Letter”), pursuant to Rule 2C of the Court’s

Individual Rules of Practice in Civil Cases, no later than December 12, 2022;

            3.       Lead Plaintiffs shall file their response to Defendants’ Pre-Motion Letter no later

than December 19, 2022;

            4.       Defendants shall move to dismiss the Amended Complaint no later than January

20, 2023 or 14 days after the Court’s ruling on Defendant’s Pre-Motion Letter, whichever is

later;

            5.       Lead Plaintiffs shall file any opposition to such motion no later than 42 days after

Defendants files its motion to dismiss;

            6.       Defendants shall file their reply to any such opposition no later than 28 days after

Lead Plaintiffs’ opposition to their motion to dismiss; and

                7.   This stipulation is without prejudice to any of the parties’ rights or defenses in this

action.


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                   Case 1:20-cv-00577-GHW                 Document 63           Filed 10/09/22         Page 3 of 3


        Dated: October 7, 2022                                         Respectfully submitted,

        SIMPSON THACHER &                                              POMERANTZ LLP
        BARTLETT LLP

        /s/ Stephen P. Blake ________________________ /s/ Michael Grunfeld
        Stephen P. Blake                              Jeremy A. Lieberman
        2475 Hanover Street                           Michael Grunfeld
        Palo Alto, California 94304                   600 Third Avenue, 20th Floor
        Telephone: (650) 251-5000                     New York, New York 10016
        Facsimile: (650) 251-5002                     Telephone: (212) 661-1100
        Email: sblake@stblaw.com                      Facsimile: (212) 661-8665
                                                      Email: jalieberman@pomlaw.com
        Counsel for Defendants Qudian Inc.,           Email: mgrunfeld@pomlaw.com
        Min Luo, and Carl Yeung

                                                                       KAHN SWICK & FOTI, LLC

                                                                       /s/Kim E. Miller
                                                                       Kim E. Miller
                                                                       J. Ryan Lopatka
                                                                       250 Park Avenue, Suite 2040
                                                                       New York, NY 10177
                                                                       Telephone: (212) 696-3730
                                                                       Facsimile: (504) 455-1498
                                                                       Email: kim.miller@ksfcounsel.com
                                                                       Email: j.lopatka@ksfcounsel.com

                                                                       Co-Lead Counsel for Co-Lead Plaintiff Juan
                                                                       Pablo di Benedetto, Galessi Holding Corp
                                                                       and Pablo Greco
Application granted in part. Lead Plaintiffs are granted leave to file their Second Amended Complaint no later than November 14,
2022. Defendants may file their pre-motion conference request related to their anticipated motion to dismiss (“Defendants’ Pre-
Motion Letter”) no later than December 12, 2022. In accordance with the Court’s Individual Rule 2(C)(i), Plaintiffs must submit any
letter in response to Defendants’ letter within five days of the filing of Defendants’ letter. Upon receipt of the parties’ letter(s), the
Court will determine whether to grant or deny the request to file the motion, or whether to schedule a pre-motion conference on the
matter. At that time, the Court will set deadlines, as necessary, for any briefing schedule concerning Defendants’ anticipated motion.
This application does not comply with the Court's Rule 1(F), which requires the filing of a letter together with any requested order
or application. The parties are again directed to review and comply with the Court's Individual Rules.
        SO ORDERED
                                                                                _____________________________________
        Dated: October 9, 2022                                                          GREGORY H. WOODS
                                                                                       United States District Judge


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