Conference: INGEUN SONG vs. QUDIAN, INC., et al

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                                DEPUTY OLERK




                                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                                               COUNTY OF SAN MATEO

                                                            COIVIPLEX CIVIL LITIGATION

                           INGEUN SONG, individually and on                          Case No.    18 CIV 01425
                           behalf of all others similarly situated,                  CLASS ACTION

                                    Plaintiffs,                                      Assigned for All Purposes to
                                                                                     Department 21, Hon. Robert D. Foiles
                           vs.
                                                                                     ORDER REASSIGNING COMPLEX
                           QUDIAN INC,         et al.,                               CASE FOR ALL PURPOSES and
                                                                                     SETTING OF CASE
                                    Defendants.                                      MANAGEMENT AND TRIAL
                                                                           /         SETTING CONFERENCE



                                    IT IS HEREBY ORDERED, as follows:

                                    Effective immediately, pursuant to San Mateo County Superior Court Local Rule

                           3.200, the above-entitled matter is REASSIGNED for all purposes to the Honorable

                           Robert D. Foiles in Department 21, located at Courtroom 2L 400 County Center,

                           Redwood City, California.

                                    The Status Conference set for May          17, 2021   is VACATED.        This complex action

                           is set for Complex Status Conference in Department 21              on Friday, May       l4, 2021   at 2:00

                           p.m.   Appearances shall be remote only, using Zoom.
                                    Assigned Department Information:            To schedule a Law and Motion Hearing,

                           please see Local Rule 3.402 or visit the assigned Judicial Ofcer’s              webpage at

                           www.sanmateocourt.orgiciviljudges.            Contact information for your assigned department

                           is as follows:

                           Department 21      Phone:           (650) 26 1 -5 121

                           Department E—Mail:                  dept21@sanmateocourt.org

                           Complex Case E-Mail:                complexcivil@sanmateocourt.org



                                    IT IS FURTHER ORDERED as follows:

                                    1.       Electronic Service.      Pursuant to Code of Civil Procedure Section

                           1010.6(0), and California Rules of Court, Rule 2.253(c) and Rule 2.251(0),                all parties and

                           their counsel shall serve all documents electronically, and accept service of documents

                           electronically from all other parties, in conformity with Code of Civil Procedure Section

                           1010.6 and the California Rules of Court, except when personal service is required by

                           statute.  Counsel for the parties shall meet and confer, agree upon, and keep updated, an

                           e—service  list for this complex civil action.      The parties are reminded that electronic

                           service of documents may extend time periods for response by two (2) court days,
                         I




                          pursuant to Code of Civil Procedure Section           1010.6(a)(4)(B).

                                    2.       Mandatory E-Filing.         Pursuant to Code of Civil Procedure Section

                           1010.6(0), all parties shall le     all documents electronically in this complex civil action,

                           except those documents identied          in Local Rule 2.1.8.     Presently, the following

                           documents must still be led/lodged          in hardcopy paper:

                                   Ex Parte Motions and Oppositions thereto
                                    Stipulation and Proposed Order
                                   Proposed Judgments

                                   Abstract of Judgment

                                   Appeal Documents, including Notice of Appeal

                                   Administrative Records

                           The document (other than exhibits) must be text searchable.              Please visit

                           www.sanmateocourt.org for further information on e-ling.                 Please note that exhibits to

                           an); electronically led     briefs, declarations or other documents must be electronically

                           “bookmarked” as required by CRC Rule 3.1 1 10(t)(4).
                               l




                                    3.       Courtesy Copies for Assigned Department.                In the future, a courtesy

                           copy of all pleadings, motions, applications, briefs, and any and all other papers led                 in

                          this complex case shall be electronically served upon the assigned Civil Judge and

                           Department by email only at email address complexcivil@sanmateocourt.org AND

                           dept21@sanmateocourt.org.          Please add complexcivil@,sanmateocourt.org             AND

                           dept21@sanmateocourt.org to your e-service list in this complex case as to any and all

                          papers led     with the Court.     A11 motions and briefs shall conform with the California


                           Rules of Court, especially Rule 3.1 l l3, and indicate on the caption page that this

                           matter is assigned for all purposes to Department 21.

                                    4.       Electronic Correspondence to Assigned Department.                    Correspondence

                          to the Department of the assigned         Civil Judge, such as requests to take matters o‘

                           calendar and requests for rescheduling, regarding complex civil actions shall be

                           submitted electronically, rather than paper, by e-mail addressed to

                           complexcivil@sanmateocourt.org AND dept21@,sanmateocourt.org.                       All e-

                           correspondence must be sent in at least 12 point type.              This email address is for the

                           Department of the assigned       Civil Judge to receive correspondence regarding complex
                           civil cases, and is not a venue for back-and-forth communications with the judge.

                           Communications to this email address are not part of the ocial                court les   —
                                                                                                                       just like a

                          paper letter, they are not “led”       documents — and will be retained for at least 30 days and

                          then be subject to deletion (destruction) thereafter.

                                    5.       Mandatory Email Header.            All communications to the

                           complexcivil@sanmateocourt.org email address MUST include in the header “subject

                           line” the Case Number and Name of Case (e.g.,               CIV 654321      Smith v.  Jones) and the

                           name of the assigned judge (e.g., Judge Foiles).

                                    6.       Ex Parte Motions.       Presently, due to the Covid       l9 Pandemic, no in-
                                                                              — until further order of the court — and
                           person ex parte appearances are permitted                                                         any ex

                           parte appearances must be pre-schedule with the Department               of the assigned Civil Judge

                           and pre-organized by the moving party               remote appearance by all involved parties and
                                                                          for
                           the Court.   Ex parte applications in this matter shall heard by Department 21 , on

                           Tuesdays and Thursdays at 1:30 p.m., and the parties must meet the requirements of

                           CRC Rule 3. 120 et seq..       With the consent of counsel for all parties, telephone

                           conferences on simple interim case management matters may be scheduled with the Court

                           for a mutually convenient time and date — with the scheduling and logistics of such

                           telephone conferences to be the responsibility of the requesting party/parties.

                                    7.       E-Service of Discovery.        All discovery methods (C.C.P.         § 2019.010),


                           including but not limited to notice of deposition, special interrogatories, form

                           interrogatories, requests for production of documents, and requests for admissions, shall

                           be served electronically upon counsel for the parties.           All discovery responses by a party

                           in response to a discovery method by another party shall be served electronically upon

                           counsel for the parties.     Production of documents shall be provided in electronic form,
                           unless the parties agree otherwise in writing.         If not previously established, counsel for

                           the parties shall meet and confer regarding possible establishment             of a joint electronic

                           document depository for the uploading and downloading of electronic document

                           productions.

                                    8.       Informal Discovery Conferences.

                                             a.       Pursuant to Code of Civil Procedure Section 2016.080, and the

                           authority of a complex civil judge under CRC Rule 3 .750, no party may move to compel

                           discovery, or le     any other discovery motion, until the parties have had an Informal

                           Discovery Conference.        Counsel must have exhausted all meet and confer obligations

                           before the Informal Discovery Conference.

                                             b.       Any party requesting an Informal Discovery Conference shall

                           comply with Local Rule 3.700, and schedule the IDC with the Civil Commissioner.

                                    9.       Limit to 35.    Given the nature of this complex civil action, the Court

                           views document production and depositions as the most effective means of discovery for

                           adjudication.    Accordingly, no party may propound more than 35               special interrogatories

                           total and no party may propound more than 35 requests for admissions (other than as to

                           the authenticity   of documents) total, without prior court order after demonstration of need

                           and a showing that other means        of discovery would be less efcient.

                                    10.      No Appendix of Non-California Authorities.                Pursuant to CRC Rule

                           3.1 l 13(i), the Complex     Civil Department, Dept. 2, does not require any appendix of non-

                           California authorities, unless specically         stated by the Court as to a particular motion.

                                    11.      Status Conference.        In anticipation of the Case Management and Trial

                           Setting Conference, counsel for the parties should be prepared to discuss at the hearing

                           and le    and serve written Status Conference statements (in prose and details, not using
                          the standardized Judicial Council form) with a courtesy copy emailed to

                           complexcivil(@sanmateocourt.org AND dept21@sanmateocourt.org at least ve                          court

                           days prior to the Conference, as to the following:

                                    a.       Status of Settlement or Mediation;

                                   b.        Status of the related New York class action;

                                    c.       Whether the stay of this case should remain or be lifted;

                                    d.      hAny anticipated motions and proposed brieng              schedule; and

                                    e.       Any other matters for which the parties seek Court ruling or scheduling.
                                                                                                      W
                           DATED:            February 4, 2021                                                i   7:»
                                                                                        E
                                                                                3"?             F7

                                                                        HON. LELAND DAVIS             111
                                                                        PRESIDING JUDGE of the SUPERIOR COURT
                                                                       SERVICE LIST
                                                               Song v.   Qudian,   1 8CIVO 1426
                                                                      as of January 2021



                           Attorneys for Plaintiffs:

                           LAURENCE ROSEN
                           THE ROSEN LAW FLRM PA
                           275 Madison Avenue, 34th Floor
                           New York City, NY 100 1 6
                           (212) 686—1060
                           lrosen@rosen1ega1.com

                           HNG CHEN
                           THE ROSEN LAW FIRM PA
                           101  Greenwood Avenue,         Suite 440
                           Jenkintown, PA       19046
                           (215) 600-2817
                           jchen@rosenlegal.com

                           Attorneys for Defendants:

                           JAMES KREISSMAN                                       Specially Appearing Defendant Qudian Inc.:
                           STEPHEN BLAKE
                           BO BRIAN JIN
                           SIMPSON THACHER
                                    & BARTLETT LLP
                           2475 Hanover Street
                           Palo Alto, CA      94304
                           (650) 251-5000
                           jkreissman@stblaw.com
                           sblake@stblaw.com
                           ban.jin@stblaw.com

                           MATTHEW CLOSE                                         Specially Appearing Defendants Credit
                           O’MELVENY & MYERS LLP                                 Suisse, Citigroup, Nomura Securities,
                           400 South Hope Street,       18th Floor               Stifel Nicolaus & C0,, and Needham & Co.
                           Los Angeles, CA       90071
                           (213) 430-6000
                           mclose     omm.com