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IN RE: NIVS Intellimedia Technology Group Inc Securities Litigation

MEMORANDUM in Support of MOTION to Consolidate Cases, as to 11-cv-2716; 11-cv-3004; 11-cv-3857, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 17

18 Cited authorities

  1. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,974 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"

  2. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,653 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"

  3. In re Cavanaugh

    306 F.3d 726 (9th Cir. 2002)   Cited 360 times
    Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

  4. Cohen v. U.S. Dist. Court

    586 F.3d 703 (9th Cir. 2009)   Cited 144 times   1 Legal Analyses
    Holding that "if the lead plaintiff has made a reasonable choice of counsel, the district court should generally defer to that choice"

  5. In re Enron Corp. Securities

    586 F. Supp. 2d 732 (S.D. Tex. 2008)   Cited 104 times   1 Legal Analyses
    Holding that the Fifth Circuit does not recognize scheme liability in omissions cases under Rule 10b–5 absent a recognized duty to disclose

  6. In re Cooper Companies Inc. Securities Litigation

    254 F.R.D. 628 (C.D. Cal. 2009)   Cited 70 times
    Finding the numerosity requirement met where the defendant had more than 36 million shares of stock outstanding during the class period

  7. Takeda v. Turbodyne Technologies, Inc.

    67 F. Supp. 2d 1129 (C.D. Cal. 1999)   Cited 50 times
    Finding slightly different class periods do not preclude a finding of typicality because varying class periods may be harmonized

  8. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,999 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  9. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,909 times   1251 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  10. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,726 times   166 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  11. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,534 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,674 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  13. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 4,055 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  14. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,371 times   86 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,133 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  16. Section 77o - Liability of controlling persons

    15 U.S.C. § 77o   Cited 823 times   8 Legal Analyses
    Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

  17. Section 77z-1 - Private securities litigation

    15 U.S.C. § 77z-1   Cited 461 times   14 Legal Analyses
    Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court

  18. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,344 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"