throbber
Case 1:21-cv-06013-AKH Document 34 Filed 10/26/21 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`PEDRO BALDERAS, Individually and on
`Behalf of All Others Similarly Situated,
`
`Plaintiff,
`
` v.
`
`No. 1:21-cv-06013
`
`Judge Alvin K. Hellerstein
`
`CLASS ACTION
`
`360 DIGITECH, INC., HAISHENG
`WU, JIANG WU, and ZUOLI XU,
`
`Defendants.
`
`ORAL ARGUMENT REQUESTED
`
`ORDER FOR APPOINTMENT AS LEAD PLAINTIFF
`AND APPROVAL OF SELECTION OF LEAD COUNSEL
`
`Five motions for appointment as Lead Plaintiff were initially filed in the
`above-captioned matter. See ECF Nos. 13, 16, 17, 22, and 25. Movants other than Gad
`Sorek (“Sorek”) have either withdrawn their motions or filed notices of non-opposition.
`See ECF Nos. 29-32. I have considered Sorek's motion of for (1) appointment as Lead
`Plaintiff and (2) approval of selection of Labaton Sucharow LLP as Lead Counsel (the “Motion”),
`IT IS HEREBY ORDERED THAT:
`Sorek's Motion is granted.
`
`1.
`
`This Order (the “Order”) shall apply to the above-captioned action (the “Action”)
`2.
`and to each case that relates to the same subject matter that is subsequently filed in this Court or
`
`is transferred to this Court, and is consolidated with the Action.
`
`I. MASTER DOCKET AND MASTER FILE
`A Master Docket and Master File shall be established for the Action. The Master
`3.
`
`File shall be Civil Action No. 21-cv-06013. All orders, pleadings, motions and other documents
`
`shall, when filed and docketed in the Master File, be deemed filed and docketed in each
`
`individual case to the extent applicable. When an order, pleading, motion or document is filed
`
`with a caption indicating that it is applicable to fewer than all of these consolidated actions, the
`
`

`

`Case 1:21-cv-06013-AKH Document 34 Filed 10/26/21 Page 2 of 4
`
`Clerk shall file such pleadings in the Master File and note such filing in the Master Docket and in
`
`the docket of each action referenced.
`
`4.
`
`Every pleading in the Action shall have the following caption: In re 360
`
`DigiTech, Inc. Securities Litigation, No. 21-cv-06013 (S.D.N.Y.).
`
`5.
`
`When a case that arises out of the same subject matter of the Action is hereinafter
`
`filed in this Court or transferred from another court, the Clerk of this Court shall:
`
`a. File a copy of this Order in the separate file for such action;
`
`b. Mail a copy of this Order to the attorney for the plaintiff(s) in the newly-filed
`
`or transferred case and to any new defendant(s) in the newly-filed or
`
`transferred case; and
`
`c. Make the appropriate entry in the Master Docket for the Action.
`
`6.
`
`Each new case that arises out of the subject matter of the Action which is filed in
`
`this Court or transferred to this Court, shall be consolidated with the Action and this Order shall
`
`apply thereto, unless a party objects to consolidation, as provided for herein, or any provision of
`
`this Order, within ten (10) days after the date upon which a copy of this Order is served on
`
`counsel for such party, by filing an application for relief and this Court deems it appropriate to
`
`grant such application. Nothing in the foregoing shall be construed as a waiver of the
`
`Defendants’ right to object to consolidation of any subsequently-filed or transferred related
`
`action.
`
`II.
`
`APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL
`
`7.
`
`Sorek is appointed to serve as Lead Plaintiff in the Action pursuant to 15 U.S.C. §
`
`78u-4(a)(3)(B).
`
`2
`
`

`

`Case 1:21-cv-06013-AKH Document 34 Filed 10/26/21 Page 3 of 4
`
`8.
`
`Sorek’s selection of Labaton Sucharow LLP as Lead Counsel for the Class is
`
`approved pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(v). Lead Counsel shall have the authority to
`
`speak for all Plaintiffs and Class members in matters regarding the litigation, including, but not
`
`limited to, pre-trial proceedings, motion practice, trial, and settlement. Lead Counsel shall make
`
`all work assignments in such a manner as to facilitate the orderly and efficient prosecution of
`
`this litigation, and to avoid duplicative or unproductive effort. Additionally, Lead Counsel shall
`
`have the following responsibilities:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`to brief and argue motions;
`
`to initiate and conduct discovery, including, but not limited to, coordination of
`
`discovery with Defendants’ counsel, and the preparation of written
`
`interrogatories, requests for admissions, and requests for production of
`
`documents;
`
`to direct and coordinate the examination of witnesses in depositions;
`
`to act as spokesperson at pretrial conferences;
`
`to initiate and conduct any settlement negotiations with Defendants’ counsel;
`
`to consult with and employ experts;
`
`to receive and review periodic time reports of all attorneys on behalf of
`
`Plaintiffs, to determine if the time is being spent appropriately and for the
`
`benefit of Plaintiffs, and to determine and distribute Plaintiffs’ attorneys’ fees;
`
`and
`
`h.
`
`to perform such other duties as may be expressly authorized by further order
`
`of this Court.
`
`3
`
`

`

`Case 1:21-cv-06013-AKH Document 34 Filed 10/26/21 Page 4 of 4
`
`9.
`
`As stated above, the Motion, ECF No. 17, is granted. The clerk shall terminate
`
`ECF No. 17 and all other open motions.
`
`SO ORDERED.
`
`October 26, 2021
`Date
`
`/s/ Alvin K. Hellerstein
`____________________________
`The Honorable Alvin K. Hellerstein
`United States District Judge
`
`4
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket