On April 19, 2021 a
Motion-Secondary
was filed
involving a dispute between
Sonny St. John
Individually And On Behalf Of All Others Similarly Situated,,
and
Changxun Sun,
China International Capital Corporation Hong Kong Securities Limited,
Ching Chiu,
Citigroup Global Markets, Inc.,
Cloopen Group Holding Limited,
Cogency Global Inc.,
Colleen A. Devries,
Feng Zhu,
Futu, Inc.,
Goldman Sachs,
Jianhong Zhou,
Kui Zhou,
Lok Yan Hui,
Ming Liao,
Qingsheng Zheng,
Tiger Brokers,
Xiaodong Liang,
Yipeng Li,
Zi Yang,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
)
SONNY ST. JOHN, Individually and on )
Behalf of All Others Similarly Situated, ) Index No. 652617/2021
)
Plaintiff, ) Motion Sequence No. 003
)
v. ) Hon. Andrew Borrok
)
CLOOPEN GROUP HOLDING LIMITED, ) ORAL ARGUMENT REQUESTED
CHANGXUN SUN, YIPENG LI, KUI )
ZHOU, QINGSHENG ZHENG, )
XIAODONG LIANG, ZI YANG, MING )
LIAO, FENG ZHU, LOK YAN HUI, )
JIANHONG ZHOU, CHING CHIU, )
COGENCY GLOBAL INC., COLLEEN A. )
DEVRIES, GOLDMAN SACHS (ASIA) )
L.L.C., CITIGROUP GLOBAL MARKETS )
INC., CHINA INTERNATIONAL )
CAPITAL CORPORATION HONG KONG )
SECURITIES LIMITED, TIGER BROKERS )
(NZ) LIMITED, and FUTU, INC., )
)
Defendants. )
)
AFFIRMATION OF SHERYL SHAPIRO BASSIN
IN FURTHER SUPPORT OF DEFENDANT CLOOPEN GROUP HOLDING
LIMITED’S MOTION TO DISMISS THE AMENDED COMPLAINT
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FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022
Sheryl Shapiro Bassin, an attorney duly admitted to practice law in the State of New
York and before this Court, hereby affirms the following under penalty of perjury, pursuant to
CPLR 2016.
1. I am a member of the law firm Wilson Sonsini Goodrich & Rosati, P.C., counsel
for Defendant Cloopen Group Holding Limited (“Cloopen”). I have personal knowledge of the
facts stated herein, and if called as a witness, I could and would testify competently thereto. I
submit this Affirmation in Further Support of Cloopen’s Motion to Dismiss the Amended
Complaint (the “Motion”).
2. Attached hereto as Exhibit A is a true and correct copy of Cloopen’s Form 6-K
filed with the Securities and Exchange Commission (“SEC”) on June 11, 2021. As set forth in
the Motion and Cloopen’s Reply Memorandum of Law in Further Support of Cloopen’s Motion
to Dismiss the Amended Complaint (“Reply”), the Court may consider this publicly available
SEC filing on a motion to dismiss, including pursuant to the doctrine of judicial notice.
3. Attached hereto as Exhibit B is a true and correct copy of Cloopen’s Form 6-K
filed with the SEC on August 11, 2021. As set forth in the Motion and Reply, the Court may
consider this publicly available SEC filing on a motion to dismiss, including pursuant to the
doctrine of judicial notice.
1
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FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022
Dated: February 18, 2022 Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
s/ Sheryl Shapiro Bassin
Sheryl Shapiro Bassin
1301 Avenue of the Americas, 40th Floor
New York, New York 10019
Telephone: (212) 999-5800
Facsimile: (212) 999-5899
sbassin@wsgr.com
Counsel for Defendant Cloopen Group Holding
Limited
2
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FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022
CERTIFICATE OF COMPLIANCE WITH WORD LIMIT
I certify that this document was prepared on a computer using Microsoft Word in 12-
point, Times New Roman font; that the word count of this document, as calculated in accordance
with Rule 17 of the Commercial Division Rules by the computer processing system used to
prepare this document, is 222; and that this document thus complies with the word-count limit in
Rule 17 of the Commercial Division Rules.
Dated: February 18, 2022 Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
s/ Sheryl Shapiro Bassin
Sheryl Shapiro Bassin
1301 Avenue of the Americas, 40th Floor
New York, New York 10019
Telephone: (212) 999-5800
Facsimile: (212) 999-5899
sbassin@wsgr.com
Counsel for Defendant Cloopen Group Holding
Limited
3
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ) SONNY ST. JOHN, Individually and on ) Behalf of All Others Similarly Situated, ) Index No. 652617/2021 ) Plaintiff, ) Motion Sequence No. 003 ) v. ) Hon. Andrew Borrok ) CLOOPEN GROUP HOLDING LIMITED, ) ORAL ARGUMENT REQUESTED CHANGXUN SUN, YIPENG LI, KUI ) ZHOU, QINGSHENG ZHENG, ) XIAODONG LIANG, ZI YANG, MING ) LIAO, FENG ZHU, LOK YAN HUI, ) JIANHONG ZHOU, CHING CHIU, ) COGENCY GLOBAL INC., COLLEEN A. ) DEVRIES, GOLDMAN SACHS (ASIA) ) L.L.C., CITIGROUP GLOBAL MARKETS ) INC., CHINA INTERNATIONAL ) CAPITAL CORPORATION HONG KONG ) SECURITIES LIMITED, TIGER BROKERS ) (NZ) LIMITED, and FUTU, INC., ) ) Defendants. ) ) AFFIRMATION OF SHERYL SHAPIRO BASSIN IN FURTHER SUPPORT OF DEFENDANT CLOOPEN GROUP HOLDING LIMITED’S MOTION TO DISMISS THE AMENDED COMPLAINT 1 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022 Sheryl Shapiro Bassin, an attorney duly admitted to practice law in the State of New York and before this Court, hereby affirms the following under penalty of perjury, pursuant to CPLR 2016. 1. I am a member of the law firm Wilson Sonsini Goodrich & Rosati, P.C., counsel for Defendant Cloopen Group Holding Limited (“Cloopen”). I have personal knowledge of the facts stated herein, and if called as a witness, I could and would testify competently thereto. I submit this Affirmation in Further Support of Cloopen’s Motion to Dismiss the Amended Complaint (the “Motion”). 2. Attached hereto as Exhibit A is a true and correct copy of Cloopen’s Form 6-K filed with the Securities and Exchange Commission (“SEC”) on June 11, 2021. As set forth in the Motion and Cloopen’s Reply Memorandum of Law in Further Support of Cloopen’s Motion to Dismiss the Amended Complaint (“Reply”), the Court may consider this publicly available SEC filing on a motion to dismiss, including pursuant to the doctrine of judicial notice. 3. Attached hereto as Exhibit B is a true and correct copy of Cloopen’s Form 6-K filed with the SEC on August 11, 2021. As set forth in the Motion and Reply, the Court may consider this publicly available SEC filing on a motion to dismiss, including pursuant to the doctrine of judicial notice. 1 2 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022 Dated: February 18, 2022 Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI Professional Corporation s/ Sheryl Shapiro Bassin Sheryl Shapiro Bassin 1301 Avenue of the Americas, 40th Floor New York, New York 10019 Telephone: (212) 999-5800 Facsimile: (212) 999-5899 sbassin@wsgr.com Counsel for Defendant Cloopen Group Holding Limited 2 3 of 4 FILED: NEW YORK COUNTY CLERK 02/18/2022 04:13 PM INDEX NO. 652617/2021 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 02/18/2022 CERTIFICATE OF COMPLIANCE WITH WORD LIMIT I certify that this document was prepared on a computer using Microsoft Word in 12- point, Times New Roman font; that the word count of this document, as calculated in accordance with Rule 17 of the Commercial Division Rules by the computer processing system used to prepare this document, is 222; and that this document thus complies with the word-count limit in Rule 17 of the Commercial Division Rules. Dated: February 18, 2022 Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI Professional Corporation s/ Sheryl Shapiro Bassin Sheryl Shapiro Bassin 1301 Avenue of the Americas, 40th Floor New York, New York 10019 Telephone: (212) 999-5800 Facsimile: (212) 999-5899 sbassin@wsgr.com Counsel for Defendant Cloopen Group Holding Limited 3 4 of 4