Preview
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9410
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MATTHEW W. CLOSE (SB. #188570) FEEED
LLC
SECA
melose@omm.com am MATEO oouw-rv
LEGAL
O’MELVENY & MYERS LLP JUL 1 8 2018
FAX
STREET 400 South Hope Street
415-351—0400
18th Floor
BY
Los Angeles, California 90071—2899
By
Clerk
ayafior Court
NATIONWIDE
HARRISON
Telephone: +1 213 430 6000
Facsimile: +1 213 430 6407
\OOOQONIU‘a-I‘AUJM—-
859
Attorney for Specially Appearing Credit Suisse
Securities (USA) LLC, Citigroup Global Markets Inc.,
UBS Securities LLC, Stifel, Nicolaus & Company,
Incorporated, Needham & Company, LLC, Nomura
Securities International, Inc., and China International
Capital Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
INGEUN SONG, Individually and on Behalf CASE NO. 18~CIV-Ol425
of All Others Similarly Situated,
NOTICE OF APPLICATION AND
Plaintiff, VERIFIED APPLICATION OF
JONATHAN ROSENBERG FOR
ADMISSION PRO HAC VICE;
mqombwmwo
v.
u—u—lo—OH—‘I—Oe—Ib—‘u—d
DECLARATION OF MATTHEW W.
QUDIAN INC., MIN LUO, CARL YEUNG, CLOSE
LIANZHU LV, YI CAO, SHILEI L1, L1 DU,
CHAD ZI'IU, TIANYU ZHU, DIANA ARIAS, -
Assigned for All Purposes to ‘
MORGAN STANLEY & CO. .
,
Hon. Gerald 1.. Buchwald, Dept.,10
INTERNATIONAL PLC, CREDIT‘SUISSE .
SECURITIES (USA) LLC, CITIGROUP Date Action Filed: March 21, 2018
GLOBAL MARKETS INC., CHINA Trial Date: Not Set
INTERNATIONAL CAPITAL
CORPORATION IIONG KONG SECURITIES [Proposed Order Lodged Herewith]
LIMITED, UBS SECURITIES LLC, STIFEL,
NICOLAUS & COMPANY, INC, NEEDHAM
&COMPANY, LLC, and NOMURA
SECURITIES INTERNATIONAL, INC.,
18-HON— 01425 I
Defendants. Counsel Pro Han Vice
Application to Appear as
I IIIIIIIIIIIIIIII\IIIIIIIIIIIIIIIIII
28
lI
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR
ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
H
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Jonathan Rosenberg will, and hereby does, apply to this
Court, under Cal. R. 9.40, for an order approving his unopposed verified application for
admission (the “Verified Application”) to appear in the above-captioned action as counsel pro
hac vice
DONIGLII-DUJM
on behalf of Specially Appearing Defendants Credit Suisse Securities (USA) LLC,
Citigroup Global Markets Inc., UBS Securities LLC, Stifel, Nicolaus & Company, Incorporated,
Needham & Company, LLC, Nomura Securities International, Inc, and China International
Capital Corporation (collectively, the “Specially Appearing Underwriter Defendants”).
\O This request is made and based on this Notice of Application, the accompanying Verified
Application, the attached Declaration of Matthew W. Close, the records and files in this action,
and any facts of which the Court may take judicial notice. The Verified Application is made on
the ground that Jonathan Rosenberg is qualified to appear as counsel pro hac vice in this matter, 4
and that all statutory and other requirements. for admission have been met.
DATED: July 18, 2018
O’MELVENY & MYERS LLP
MATTHEW WjLOSE
By:
Attorneys
W
Matthew W. Close
for Specially Appearing Credit
Suisse Securities (USA) LLC, Citigroup Global
Markets Inc., UBS Securities LLC, Stifel,
Nicolaus & Company, Incorporated, Needham
& Company, LLC, Nomura Securities
International, Inc., and China International
Capital Corporation
2
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR
ADMISSION T0 APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
VERIFIED APPLICATION OF JONATHAN ROSENBERG
TO APPEAR PRO HAC VICE
I, Jonathan Rosenberg, declare as follows:
1. My residence address is 5 Briarcliff Road, Chappaqua, New York 10514. My
business address is Times Square Tower, 7 Times Square, New York, New York 10036.
\OOOQQMQMMH
2. I was admitted to the State Bar of New York in 1985. I am also admitted to
practice law before the following federal courts: the United States Supreme Court (2007), the
Court of Appeals for the First Circuit (2015), the Court of Appeals for the Second Circuit (1990),
the Court of Appeals for the Third Circuit (2017), the Court of Appeals for the Fourth Circuit
O
v-d
(2014), the Court of Appeals for the Fifth Circuit (2017), the Court of Appeals for the Ninth
-
n—A
Circuit (2012), the Court of Appeals for the Eleventh Circuit (2010), the Eastern District of Texas
—N (2016), the District of Colorado (2001), the Eastern District of Wisconsin (1996), the Eastern
b3
—-t
District of New York (1986), and the Southern District of New York (1986).
Jib
t—A
3. I am a member in good standing of each of the courts identified in paragraph 2,
Ur
—.
above. I am not currently suspended or disbarred in any court.
O\
u—I
4. On January 11, 2017, 1 applied for pro hac vice admission in the Superior Court of
\l
-—
the State of California, County of San Francisco, in the matter of In re Filbil, Inc. Shareholder
00
>—-
Litigation, Lead Case NO. COG—16652062. That application was granted by the Court on
‘
\O
n—e
February 10,2017. ‘ .1
I
MO 5. On SeptemberiS, 20:17, I applied for pro hac vice admission in the Superior Court
21 of the State of California, County of Los Angeles, in the matter of CORE Litigation Trust v.
Apollo Global hManagemenl, LLC, at No.
(11., BC 643732, but the matter was stayed before the
'
court granted or denied that application.
6. On November 21, 2017, I applied for pro Izac vice admission in the Superior Court
of the State of California, County of Los Angeles, in the matter of Hsieh, et al., v.Snap Inc, at
0]., No. BC 669394. That application was granted by the Court on March 7, 2018
7. On June 12, 2018, I applied for pro hac vice admission in the Superior Court of the
3
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR
ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
State ofCalifomia, County of San Mateo in the In Re Timri, Inc. Securities Litigation, Lead Case
No. l7-C1V-04312. The application is pending.
8. On July 10, 2018, 1 applied for pro hac vice admission in the Superior Court of the
“ State of California, County of San Mateo in the Xiya Qian v. RYB Education (no. at 01.,No. 17-
CIVv05494. The application is pending. l have not applied for, nor been granted or denied, pro
toooqmmawu—
hac vice admission in California state court in any other actions in the last two years.
9. Local counsel and attorney of record for the Specially Appearing Undemriter
Defendants in the above-captioned matter is Matthew W. Close (SB. #188570) of O’Melveny &
'lMyers LLP, 400 South Hope Street, 18th Floor, Los Angeles, California 90071. His office phone
O number ts (213) 430-6000, and his email address 15 melose@omm ..com
-—,-
11 1 declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct.
l3 Executed this18th day of July, 2018 at New York, New York.
14
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13
Jonathan
R056
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NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR
ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
DECLARATION OF MATTHEW W. CLOSE
1,Matthew W. Close, declare as follows:
1. I make this declaration in support of the motion to grant the application of
Jonathan Rosenberg to appear as counsel pro hac vice for Specially Appearing Defendants Credit
Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifel,
\DOONON‘JI-hWNH
Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura Securities
International, Inc., and China International Capital Corporation (collectively, the. “Specially
Appearing Underwriter Defendants”) in the above-captioned action.
2. The following is based upon my personal knowledge, and if called as a witness, I
could and would testify competently thereto.
3. I am a partner at the law firm of O’Melveny & Myers LLP and attorney of record
for the Specially Appearing Underwriter Defendants in the above-captioned action. My business
address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071. My office number
is (213) 430-6000, and my email address is mclose@omm.com.
4. With
'Nt—Iu—Ib—A—lb—oa—‘h—K—‘Hi—d
service of the Application on the State Bar, pursuant to Ca]. R. 9.40(e), I
-O.\OOO\JO\Ln-l‘—WNv-‘O
have caused to be sent to the State Bar payment in the amount of $50.00 payable to the State Bar.
‘A copy of thereceipt may be providedto the Court upon request.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed thislBth day pf July, 2018 at Los Angel ,California.
21
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ivMatthew W; Close
5
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR
ADMISSION T0 APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
Preview
C) 6 9410 ' MATTHEW W. CLOSE (SB. #188570) FEEED LLC SECA melose@omm.com am MATEO oouw-rv LEGAL O’MELVENY & MYERS LLP JUL 1 8 2018 FAX STREET 400 South Hope Street 415-351—0400 18th Floor BY Los Angeles, California 90071—2899 By Clerk ayafior Court NATIONWIDE HARRISON Telephone: +1 213 430 6000 Facsimile: +1 213 430 6407 \OOOQONIU‘a-I‘AUJM—- 859 Attorney for Specially Appearing Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifel, Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura Securities International, Inc., and China International Capital Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO INGEUN SONG, Individually and on Behalf CASE NO. 18~CIV-Ol425 of All Others Similarly Situated, NOTICE OF APPLICATION AND Plaintiff, VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION PRO HAC VICE; mqombwmwo v. u—u—lo—OH—‘I—Oe—Ib—‘u—d DECLARATION OF MATTHEW W. QUDIAN INC., MIN LUO, CARL YEUNG, CLOSE LIANZHU LV, YI CAO, SHILEI L1, L1 DU, CHAD ZI'IU, TIANYU ZHU, DIANA ARIAS, - Assigned for All Purposes to ‘ MORGAN STANLEY & CO. . , Hon. Gerald 1.. Buchwald, Dept.,10 INTERNATIONAL PLC, CREDIT‘SUISSE . SECURITIES (USA) LLC, CITIGROUP Date Action Filed: March 21, 2018 GLOBAL MARKETS INC., CHINA Trial Date: Not Set INTERNATIONAL CAPITAL CORPORATION IIONG KONG SECURITIES [Proposed Order Lodged Herewith] LIMITED, UBS SECURITIES LLC, STIFEL, NICOLAUS & COMPANY, INC, NEEDHAM &COMPANY, LLC, and NOMURA SECURITIES INTERNATIONAL, INC., 18-HON— 01425 I Defendants. Counsel Pro Han Vice Application to Appear as I IIIIIIIIIIIIIIII\IIIIIIIIIIIIIIIIII 28 lI NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE H TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Jonathan Rosenberg will, and hereby does, apply to this Court, under Cal. R. 9.40, for an order approving his unopposed verified application for admission (the “Verified Application”) to appear in the above-captioned action as counsel pro hac vice DONIGLII-DUJM on behalf of Specially Appearing Defendants Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifel, Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura Securities International, Inc, and China International Capital Corporation (collectively, the “Specially Appearing Underwriter Defendants”). \O This request is made and based on this Notice of Application, the accompanying Verified Application, the attached Declaration of Matthew W. Close, the records and files in this action, and any facts of which the Court may take judicial notice. The Verified Application is made on the ground that Jonathan Rosenberg is qualified to appear as counsel pro hac vice in this matter, 4 and that all statutory and other requirements. for admission have been met. DATED: July 18, 2018 O’MELVENY & MYERS LLP MATTHEW WjLOSE By: Attorneys W Matthew W. Close for Specially Appearing Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifel, Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura Securities International, Inc., and China International Capital Corporation 2 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION T0 APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE VERIFIED APPLICATION OF JONATHAN ROSENBERG TO APPEAR PRO HAC VICE I, Jonathan Rosenberg, declare as follows: 1. My residence address is 5 Briarcliff Road, Chappaqua, New York 10514. My business address is Times Square Tower, 7 Times Square, New York, New York 10036. \OOOQQMQMMH 2. I was admitted to the State Bar of New York in 1985. I am also admitted to practice law before the following federal courts: the United States Supreme Court (2007), the Court of Appeals for the First Circuit (2015), the Court of Appeals for the Second Circuit (1990), the Court of Appeals for the Third Circuit (2017), the Court of Appeals for the Fourth Circuit O v-d (2014), the Court of Appeals for the Fifth Circuit (2017), the Court of Appeals for the Ninth - n—A Circuit (2012), the Court of Appeals for the Eleventh Circuit (2010), the Eastern District of Texas —N (2016), the District of Colorado (2001), the Eastern District of Wisconsin (1996), the Eastern b3 —-t District of New York (1986), and the Southern District of New York (1986). Jib t—A 3. I am a member in good standing of each of the courts identified in paragraph 2, Ur —. above. I am not currently suspended or disbarred in any court. O\ u—I 4. On January 11, 2017, 1 applied for pro hac vice admission in the Superior Court of \l -— the State of California, County of San Francisco, in the matter of In re Filbil, Inc. Shareholder 00 >—- Litigation, Lead Case NO. COG—16652062. That application was granted by the Court on ‘ \O n—e February 10,2017. ‘ .1 I MO 5. On SeptemberiS, 20:17, I applied for pro hac vice admission in the Superior Court 21 of the State of California, County of Los Angeles, in the matter of CORE Litigation Trust v. Apollo Global hManagemenl, LLC, at No. (11., BC 643732, but the matter was stayed before the ' court granted or denied that application. 6. On November 21, 2017, I applied for pro Izac vice admission in the Superior Court of the State of California, County of Los Angeles, in the matter of Hsieh, et al., v.Snap Inc, at 0]., No. BC 669394. That application was granted by the Court on March 7, 2018 7. On June 12, 2018, I applied for pro hac vice admission in the Superior Court of the 3 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE State ofCalifomia, County of San Mateo in the In Re Timri, Inc. Securities Litigation, Lead Case No. l7-C1V-04312. The application is pending. 8. On July 10, 2018, 1 applied for pro hac vice admission in the Superior Court of the “ State of California, County of San Mateo in the Xiya Qian v. RYB Education (no. at 01.,No. 17- CIVv05494. The application is pending. l have not applied for, nor been granted or denied, pro toooqmmawu— hac vice admission in California state court in any other actions in the last two years. 9. Local counsel and attorney of record for the Specially Appearing Undemriter Defendants in the above-captioned matter is Matthew W. Close (SB. #188570) of O’Melveny & 'lMyers LLP, 400 South Hope Street, 18th Floor, Los Angeles, California 90071. His office phone O number ts (213) 430-6000, and his email address 15 melose@omm ..com -—,- 11 1 declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. l3 Executed this18th day of July, 2018 at New York, New York. 14 15 16' 17 13 Jonathan R056 19 .20 ‘ ‘21 22 . 23 24 .25 26 27 28 4 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE DECLARATION OF MATTHEW W. CLOSE 1,Matthew W. Close, declare as follows: 1. I make this declaration in support of the motion to grant the application of Jonathan Rosenberg to appear as counsel pro hac vice for Specially Appearing Defendants Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifel, \DOONON‘JI-hWNH Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura Securities International, Inc., and China International Capital Corporation (collectively, the. “Specially Appearing Underwriter Defendants”) in the above-captioned action. 2. The following is based upon my personal knowledge, and if called as a witness, I could and would testify competently thereto. 3. I am a partner at the law firm of O’Melveny & Myers LLP and attorney of record for the Specially Appearing Underwriter Defendants in the above-captioned action. My business address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071. My office number is (213) 430-6000, and my email address is mclose@omm.com. 4. With 'Nt—Iu—Ib—A—lb—oa—‘h—K—‘Hi—d service of the Application on the State Bar, pursuant to Ca]. R. 9.40(e), I -O.\OOO\JO\Ln-l‘—WNv-‘O have caused to be sent to the State Bar payment in the amount of $50.00 payable to the State Bar. ‘A copy of thereceipt may be providedto the Court upon request. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed thislBth day pf July, 2018 at Los Angel ,California. 21 ' ivMatthew W; Close 5 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF JONATHAN ROSENBERG FOR ADMISSION T0 APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE