Preview
?”@L
(O
9410
MATTHEW W. CLOSE (SB. #188570)
ILED oouuw
LLC
SECA
mclose@omm.com
SAN MATEO
LEGAL
N O’MELVENY & MYERS LLP 1111,.1 8 2018
STREET
400 South Hope Street
FAX
b)
415-351-0400
lSth Floor
BY
Los Angeles, California 90071-2899
NATIONWIDE
.5 Telephone: +1 213 430 6000
HARRISON
Facsimile: +1 213 430 6407
LII
859 Attorney for Specially Appearing Credit Suisse
Securities (USA) LLC, Citigroup Global Markets Inc.,
UBS Securities LLC, Stifcl, Nicolaus & Company,
Incorporated, Needham & Company, LLC, Nomura
GOGQQ
Securities International, Inc., and China International
Capital Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
11
INGEUN SONG, Individually and on Behalf CASE NO. 18-CIV-01425
of All Others Similarly Situated,
NOTICE OF APPLICATION AND
13 Plaintiff, VERIFIED APPLICATION OF WILLIAM
J. SUSHON FOR ADMISSION PRO HAC
14 v. VICE; DECLARATION OF MATTHEW
W. CLOSE
15 QUDIAN INC., MIN LUO, CARL YEUNG,
LIANZHU LV, Yl CAO, SHILEI L1, L1 DU, Assigned for All Purposes to
I6 CHAO ZHU, TIANYU ZHU, DIANA ARIAS, Hon. Gerald J. Buchwald, Dept. 10
MORGAN STANLEY & CO.
1
171 INTERNATIONAL PLC, CREDIT SUISSE Date Action Filed: March 21, 2018
SECURITIES (USA) LLC, CITIGROUP Trial Date: Not Set
‘18 GLOBAL MARKETS lNC., CHINA
INTERNATIONAL CAPITAL [Proposed Order Lodged Herewith]
'119 '
CORPORATION HONG KONG SECURITIES
.
LIMITED, UBS SECURITIES LLC, STIFEL,
1'20: NICOLAUS & COMPANY, INC., NEEDHAM /1a— clv— 01425 “
11a
& COMPANY, LLC, and NOMURA I
1
Application to Appear as Counsel Pro Hat: Vice
21 SECURITIES INTERNATIONAL, INC.,
Defendants,
1111 11 11111111111111111111;
24
25
26
27
28
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM .1. SUSHON FOR ADMISSION TO
APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that William .I.Sushon 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
\OOOQQLh-PUJN—a
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”).
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 William J. Sushon isqualified to appear as counsel pro hac vice in this matter,
and that all statutory and other requirements for admission have been met.
DATED: July 18, 2018
'
O’MELVENY & MYERS LLP
MATTHE . CLOSE
By:
Matthew W. Close
Attorneys 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 lntemational
Capital Corporation
N 00
2
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO
APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
VERIFIED APPLICATION OF WILLIAM J. SUSHON
TO APPEAR PRO HAC VICE
I, William J. Sushon, declare as follows;
1. My residence address is 56 Binney Lane, Old Greenwich, Connecticut 06870. My
business address is 7 Times Square, New York, New York 10036.
\OOOflmLh-w-d
2. I was admitted to the State Bar of New York in 1996. I am also admitted to
practice law before the following federal courts: the United States Supreme Court (2007), the
Court of Appeals for the Second Circuit (2011), the Court of Appeals for the Third Circuit
(2002), the Court of Appeals for the Fifth Circuit (2004), the Court of Appeals for the Ninth
Circuit (1998), the Court of Appeals for the Eleventh Circuit (2004), the District of Colorado
(2005), the Eastern District of New York (1997), and the Southern District of New York (I 997).
3. I am a member in good standing of each of the courts identified in paragraph 2,
above. I am not currently suspended or disbarred in any court.
4. On January
H‘O-‘I—‘O-JD-di-‘Ho—‘h—i
11, 2017, I applied for pro hac vice admission in the Superior Court of
oo.\ic:\m.a.mN~—-o
the State of California, County of San Francisco, in the matter of In re Filbil, Inc. Shareholder
Litigation, Lead Case NO. CGC-16-552062. That application was granted by the Court on
,February 10, 2017.
5. On July 10, 2018, I applied for pro hac vice admission in the Superior Court of the
State of Caiifomia, County of San Mateo in the Xiya Qian. v. RYE Education Inc, a! 41., No. I7-
:CIV-05494. The application is pending. I have not applied for, nor been granted ordenied, pro
hac vice admission in California state court in any other actions in the last two years.
I
'
6. Local counsel and attorney of record for the Specially Appearing Underwriter
Defendant's in the above-captioned matter is Matthew ‘W. Close (SB. #188570) of O’Melveny &
Myers LLP, 400 South Hope Street, 18th Floor, Los Angeles, califomia 90071. His office phone
number is (213) 430-6000, and his email address is mclose@omm.com.
i declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
3
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO
APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
Executed this lSlh day of July, 2018 at New York, New York.
WW. W J. Sushqn
*OOOQO‘IUIAUN—
n—ao—b
u—n
n—t
5—-
n—n
n.‘
N'NHHH
M
M
M
4
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON 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:
Lu i. I make this declaration in support of the motion to grant the application of William
J. Sushon to appear as counsel pro hac vice for 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
‘OOOQO‘LJI-b
China International Capital Corporation (collectively, the “Specialty Appearing Underwriter
Defendants”) in the above-captioned action.
2. The following is based upon my personal knowledge, and if called as a witness, 1
10 could and would testify competently thereto.
ll 3. I am a partner at the law firm of O’Melyeny & Myers LLP and attorney of record
12 for the Specially Appearing Underwriter Defendants in the above-captioned action. My business
i3 address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071. My office number
14 is (213) 430-6000, and my email address is melose@omm.com.
15 4. With service of the Application on the State Bar, pursuant to Cal. R. 9.40(e), I
16 have caused to be sent to the State Bar payment in the amount of $50.00 payable to the State Bar.
17 A copy of the receipt may be provided to the Court upon request.
18 I declare under penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct.
-20‘ Executed this 18th day of July, 2018 at Los An reles, California.
l
21
22
23~ Matthew W. Close
24
25
26
27
28
5
NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO
APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE
Preview
?”@L (O 9410 MATTHEW W. CLOSE (SB. #188570) ILED oouuw LLC SECA mclose@omm.com SAN MATEO LEGAL N O’MELVENY & MYERS LLP 1111,.1 8 2018 STREET 400 South Hope Street FAX b) 415-351-0400 lSth Floor BY Los Angeles, California 90071-2899 NATIONWIDE .5 Telephone: +1 213 430 6000 HARRISON Facsimile: +1 213 430 6407 LII 859 Attorney for Specially Appearing Credit Suisse Securities (USA) LLC, Citigroup Global Markets Inc., UBS Securities LLC, Stifcl, Nicolaus & Company, Incorporated, Needham & Company, LLC, Nomura GOGQQ Securities International, Inc., and China International Capital Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 INGEUN SONG, Individually and on Behalf CASE NO. 18-CIV-01425 of All Others Similarly Situated, NOTICE OF APPLICATION AND 13 Plaintiff, VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION PRO HAC 14 v. VICE; DECLARATION OF MATTHEW W. CLOSE 15 QUDIAN INC., MIN LUO, CARL YEUNG, LIANZHU LV, Yl CAO, SHILEI L1, L1 DU, Assigned for All Purposes to I6 CHAO ZHU, TIANYU ZHU, DIANA ARIAS, Hon. Gerald J. Buchwald, Dept. 10 MORGAN STANLEY & CO. 1 171 INTERNATIONAL PLC, CREDIT SUISSE Date Action Filed: March 21, 2018 SECURITIES (USA) LLC, CITIGROUP Trial Date: Not Set ‘18 GLOBAL MARKETS lNC., CHINA INTERNATIONAL CAPITAL [Proposed Order Lodged Herewith] '119 ' CORPORATION HONG KONG SECURITIES . LIMITED, UBS SECURITIES LLC, STIFEL, 1'20: NICOLAUS & COMPANY, INC., NEEDHAM /1a— clv— 01425 “ 11a & COMPANY, LLC, and NOMURA I 1 Application to Appear as Counsel Pro Hat: Vice 21 SECURITIES INTERNATIONAL, INC., Defendants, 1111 11 11111111111111111111; 24 25 26 27 28 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM .1. SUSHON FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that William .I.Sushon 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 \OOOQQLh-PUJN—a 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”). 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 William J. Sushon isqualified to appear as counsel pro hac vice in this matter, and that all statutory and other requirements for admission have been met. DATED: July 18, 2018 ' O’MELVENY & MYERS LLP MATTHE . CLOSE By: Matthew W. Close Attorneys 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 lntemational Capital Corporation N 00 2 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE VERIFIED APPLICATION OF WILLIAM J. SUSHON TO APPEAR PRO HAC VICE I, William J. Sushon, declare as follows; 1. My residence address is 56 Binney Lane, Old Greenwich, Connecticut 06870. My business address is 7 Times Square, New York, New York 10036. \OOOflmLh-w-d 2. I was admitted to the State Bar of New York in 1996. I am also admitted to practice law before the following federal courts: the United States Supreme Court (2007), the Court of Appeals for the Second Circuit (2011), the Court of Appeals for the Third Circuit (2002), the Court of Appeals for the Fifth Circuit (2004), the Court of Appeals for the Ninth Circuit (1998), the Court of Appeals for the Eleventh Circuit (2004), the District of Colorado (2005), the Eastern District of New York (1997), and the Southern District of New York (I 997). 3. I am a member in good standing of each of the courts identified in paragraph 2, above. I am not currently suspended or disbarred in any court. 4. On January H‘O-‘I—‘O-JD-di-‘Ho—‘h—i 11, 2017, I applied for pro hac vice admission in the Superior Court of oo.\ic:\m.a.mN~—-o the State of California, County of San Francisco, in the matter of In re Filbil, Inc. Shareholder Litigation, Lead Case NO. CGC-16-552062. That application was granted by the Court on ,February 10, 2017. 5. On July 10, 2018, I applied for pro hac vice admission in the Superior Court of the State of Caiifomia, County of San Mateo in the Xiya Qian. v. RYE Education Inc, a! 41., No. I7- :CIV-05494. The application is pending. I have not applied for, nor been granted ordenied, pro hac vice admission in California state court in any other actions in the last two years. I ' 6. Local counsel and attorney of record for the Specially Appearing Underwriter Defendant's in the above-captioned matter is Matthew ‘W. Close (SB. #188570) of O’Melveny & Myers LLP, 400 South Hope Street, 18th Floor, Los Angeles, califomia 90071. His office phone number is (213) 430-6000, and his email address is mclose@omm.com. i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 3 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE Executed this lSlh day of July, 2018 at New York, New York. WW. W J. Sushqn *OOOQO‘IUIAUN— n—ao—b u—n n—t 5—- n—n n.‘ N'NHHH M M M 4 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON 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: Lu i. I make this declaration in support of the motion to grant the application of William J. Sushon to appear as counsel pro hac vice for 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 ‘OOOQO‘LJI-b China International Capital Corporation (collectively, the “Specialty Appearing Underwriter Defendants”) in the above-captioned action. 2. The following is based upon my personal knowledge, and if called as a witness, 1 10 could and would testify competently thereto. ll 3. I am a partner at the law firm of O’Melyeny & Myers LLP and attorney of record 12 for the Specially Appearing Underwriter Defendants in the above-captioned action. My business i3 address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071. My office number 14 is (213) 430-6000, and my email address is melose@omm.com. 15 4. With service of the Application on the State Bar, pursuant to Cal. R. 9.40(e), I 16 have caused to be sent to the State Bar payment in the amount of $50.00 payable to the State Bar. 17 A copy of the receipt may be provided to the Court upon request. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. -20‘ Executed this 18th day of July, 2018 at Los An reles, California. l 21 22 23~ Matthew W. Close 24 25 26 27 28 5 NOTICE OF APPLICATION AND VERIFIED APPLICATION OF WILLIAM J. SUSHON FOR ADMISSION TO APPEAR AS COUNSEL PRO HAC VICE; DECLARATION OF MATTHEW W. CLOSE