On April 19, 2021 a
Order to Show Cause
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.
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YORK nh 04 DIV INDEX NO. 652617/2021
OUN 08 46
NYSCEF BOC. NO. 111 RECEIVED NYSCEF 08/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
x
SONNY ST. JOHN, Individually and on Behalf of
All Others Similarly Situated,
j Plaintiff, Index No. 652617/2021
Vv.
CLOOPEN GROUP HOLDING LIMITED, Part 53: Hon. Andrew Borrok
CHANGXUN SUN, YIPENG LI, KUI ZHOU,
QINGSHENG ZHENG, XIAODONG LIANG, ZI
[P2@ROSED] ORDER TO SHOW
YANG, MING LIAO, FENG ZHU, LOK YAN HUI, CAUSE
JIANHONG ZHOU, CHING CHIU, COGENCY
GLOBAL INC., COLLEEN A. DEVRIES, Seg. OOF
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.
x
WHEREAS, on June 6, 2023, the Court was advised that Plaintiff Sonny St. John,
Defendant Cloopen Group Holding Limited, and certain other Defendants (collectively, the
“Parties”) had agreed in principle to dismiss the above-captioned action (the “Action”) with
prejudice and settle all claims asserted therein against all Defendants (NYSCEF No. 104);
WHEREAS, upon reading the annexed Affirmation of Max R. Schwartz, dated August 16,
2023 (“Schwartz Aff.”), which attaches the Parties’ executed Stipulation of Settlement dated as of
August 16, 2023 (including the exhibits thereto), and upon all the pleadings and proceedings
relevant to this Action; it is hereby:
ORDERED that all Parties show cause before this Court, at the Courthouse located at 60
Centre Street, Part 53, Room 238, New York, NY on the gS day of Ocfober , 2023, at
2 tm or as soon thereafter as counsel can be heard, why an Order should not be issued:
04 DIV ND NO
) OU 08 46
NYSCEF BOC. NO. 111 RECEIVED NYSCEF: 08/23/2023
Preliminarily approving the Stipulation of Settlement (the “Stipulation”), which is
attached as Ex. 2 to the Schwartz Aff.;
Entering the Parties’ [Proposed] Order Granting Plaintiffs’ Unopposed Motion for
Preliminary Approval of Class Action Settlement; for Issuance of Notice to the
Class; and for Scheduling of Fairness Hearing, which is attached as Ex. 1 to the
Stipulation, and which in turn attaches (at Exs. A-1, A-2, and A-3, respectively)
copies of the Parties’ (a) proposed form of individual Notice,' (b) proposed Proof
of Claim and Release form, and (c) proposed form of Summary Notice for
publication;
Setting a date and time for the required Fairness Hearing, at which the Court will
consider, among other things, (a) whether the Stipulation and proposed plan of
allocation should be finally approved; (b) whether and in what amount to award
attorneys’ fees and expenses (and whether and in what amount to grant
service/incentive awards to named plaintiffs) from the Settlement Fund; and
(c) whether the Parties’ proposed form of Final Judgment (attached as Ex. B to the
Stipulation) should be entered; and
4, Granting such other and further relief as the Court deems proper;
ORDERED that, should conditions warrant, the Court may direct that any hearing on this
motion may instead be held by video conference;
ORDERED that no additional submissions are necessary because this motion is
unopposed; and
1
Unless otherwise defined herein, all capitalized terms have the same meanings as given to
them in the Stipulation.
YORK i 04 DIV INDEX NO. 652617/202T
OUN 08 46
NYSCEF BOC. NO. 111 RECEIVED NYSCEF: 08/23/2023
ORDERED that, pending the Court’s ruling on preliminary approval of the Stipulation, all
other pending litigation deadlines in this matter (including all deadlines for completion of
discovery and completion of briefing on any other pending motions) are stayed.
IT IS FURTHER ORDERED, that the electronic service by Plaintiffs’ Class Counsel of a
copy of this Order to Show Cause and the papers upon which it is based be deemed sufficient if
served by NYSCEF upon all Defendants’ counsel that have appeared herein on or before the 28
day of A ngust , 2023.
Dated: Aust 23 , 2023
HON. ANDREW BORROK
SUPREME COURT OF THE STATE OF NEW YORK,
NEW YORK COUNTY, COMMERCIAL DIVISION