Reitan v. China Mobile Games & Entertainment Group, Ltd.

68 F. Supp. 3d 390, 2014 WL 6491433
CourtDistrict Court, S.D. New York
DecidedNovember 20, 2014
DocketNos. 14-CV-4471 (KMW), 14-CV-4745 (KMW)
StatusPublished
Cited by44 cases

This text of 68 F. Supp. 3d 390 (Reitan v. China Mobile Games & Entertainment Group, Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reitan v. China Mobile Games & Entertainment Group, Ltd., 68 F. Supp. 3d 390, 2014 WL 6491433 (S.D.N.Y. 2014).

Opinion

OPINION & ORDER

KIMBA M. WOOD, District Judge:

Two similar, putative securities fraud class actions against China Mobile Games & Entertainment Group, Ltd. (“CMGE”), certain of its officers and directors, and several investment banks who underwrote CMGE’s secondary public offering (collectively “Defendants”) are currently before this Court. The two actions are Reitan v. China Mobile Games & Entertainment Group, LTD, 14-CV-4471, and Chang v. China Mobile Games & Entertainment Group, LTD, 14-CV-4745. In both actions, the plaintiffs allege that CMGE materially misled the public by deliberately making false or misleading statements, or by failing to disclose facts to correct such misleading statements. Both actions claim that these statements artificially increased the price of CMGE securities.

Miran Segregated Portfolio Company— Miran Long Short Equity Segregated Portfolio (“Miran”) and Johnnie Dormier (“Dormier”) have each moved to consolidate the two actions, and to be appointed as lead plaintiff of the consolidated class. Each movant also seeks to have its counsel appointed lead counsel. For the reasons stated below, the Court GRANTS the motions to consolidate the actions; appoints Miran as lead plaintiff and Faruqi & Faru-qi as lead counsel for the consolidated class; and DENIES Dormier’s lead plaintiff motion.

I. BACKGROUND

A. The Complaints

CMGE, a Cayman Islands corporation headquartered in Guangzhou, China, is the largest publisher and developer of mobile [393]*393games in China. (Reitan Compl. [Reitan ECF No. 1] at ¶ 2).

On June 20, 2014, Plaintiff Darryl Rei-tan filed the Reitan action “on behalf of a class consisting of all persons and entities, other than defendants and their affiliates, who purchased CMGE’s American Depository Shares ... between September 20, 2012 and June 19, 2014.” (Id. ¶ 1). Reitan alleges that “Defendants made false and/or misleading statements and/or failed to disclose that CMGE was engaged in a bribery scheme within the Company’s game publishing business, that CMGE was engaged in undisclosed related party transactions, and that CMGE lacked internal controls.” (Id. ¶ 5). On June 26, 2014, Sophia Chang filed the Chang action on behalf of the same individuals, see (Chang Compl. [Chang ECF No. 2] at ¶ 1), and alleged the same claims against CGME, see (id. ¶ 5).

B. The Lead Plaintiff and Consolidation Motions

On August 19, 2014, five parties filed motions seeking to be appointed as lead plaintiff (1) a group consisting of Zhen-Dong Company Limited Sun Bing, Tian Yu Ma, and Huang Shuainan (collectively “China Mobile Investors Group” or “CMIG”); (2) OP Investment Management Limited (“OPI”); (3) Ashok Sagar; (4) Miran; and (5) Dormier. (Notice of Non-Opp’n [Reitan ECF No. 43] at 1). Based on the losses each movant alleged, CMIG suffered the greatest financial loss, totaling $935,272. (CMIG Memo, of Law [Rei-tan ECF No. 18] at 6). Miran claims to have lost $84,834, (Miran Memo, of Law [Reitan ECF No. 16] at 8), while Dormier alleges he lost $40,667, (Dormier Memo, of Law [Reitan ECF No. 11] at 6).

On July 27, 2014, both OPI and Miran withdrew their motions to be appointed as lead plaintiff. (OPI Notice of Withdrawal [Reitan ECF No. 24] at 2); (Miran Notice of Withdrawal [Reitan ECF No. 25] at 2). On September 4, 2014, Ashok Sagar withdrew his motion as well. (Sagar Notice of Withdrawal [Reitan ECF No. 41] at 2). When Miran withdrew its lead plaintiff motion, it stated that it was doing so because CMIG’s losses “appear[] to be the largest of any of the other movants.” (Miran Notice of Withdrawal 2). However, on September 5, 2014, CMIG also •withdrew its lead plaintiff motion, leaving Dormier as the only party seeking appointment as lead plaintiff. (CMIG Notice of Withdrawal [Reitan ECF No. 42] at 2). Approximately ninety minutes after CMIG filed its withdrawal motion, Dormier filed a notice of non-opposition to his lead plaintiff motion, asserting that all other movants had withdrawn and therefore his motion was unopposed. (Notice of Non-Opp’n 1-2); (Reply to Dormier [Reitan ECF No. 49] at 2).

Miran stepped back into the picture, however, on September 17, 2014, when it filed a “Notice of Withdrawal of Withdrawal of [Miran’s Lead Plaintiff Motion].” (Notice of Withdrawal of Withdrawal [Rei-tan ECF No. 45]). Essentially, Miran’s new motion sought to reinstate its motion to be appointed lead plaintiff, which it had withdrawn approximately six weeks before by withdrawing that earlier withdrawal motion. Dormier filed a response opposing Miran’s ‘Withdrawal of Withdrawal” motion as procedurally barred and otherwise untimely. (Dormier Resp./Objection [Reitan ECF No. 46]).

Both Miran and Dormier also seek to consolidate the Reitan and Chang actions. (Miran Memo. of Law 4-5); (Dormier Memo, of Law 3-4).

II. CONSOLIDATION

A. Legal Standard

Federal Rule of Civil Procedure 42(a) provides that a court may consolidate actions that “involve a common question of law or fact.” Fed.R.Civ.P. 42(a); see also [394]*394Johnson v. Celotex Corp., 899 F.2d 1281, 1284 (2d Cir.1990). Consolidation is “a valuable and important tool of judicial administration” that should be “invoked to expedite trial and eliminate unnecessary repetition and confusion.” Devlin v. Transp. Commc’ns Int’l Union, 175 F.3d 121, 130 (2d Cir.1999) (internal quotation marks omitted).

Under Rule 42 and the Private Securities Litigation Reform Act (the “PSLRA”), actions need not be “identical” to allow for consolidation. Pinkowitz v. Elan Corp., PLC, Nos. 02-CV-865 et al., 2002 WL 1822118, at *3 (S.D.N.Y. July 29, 2002) (Knapp, J.). Courts have “broad discretion to determine whether consolidation is appropriate.” Johnson, 899 F.2d at 1284; see also Kaplan v. Gelfond, 240 F.R.D. 88, 91 (S.D.N.Y.2007) (Buchwald, J.). Courts have looked to the particular facts of cases to determine if the anticipated benefits of consolidated actions, such as considerations of judicial economy and unnecessary costs to the parties, “outweigh potential prejudice to the parties.” Kaplan, 240 F.R.D. at 91; see also In re Bank of Am. Corp. Sec., Derivative & ERISA Litig., 258 F.R.D. 260, 268 (S.D.N.Y.2009) (Chin, J.).

B. Consolidation is Warranted

The Court finds that consolidation is appropriate here because the Reitan and Chang actions involve substantially identical questions of law and fact. As an initial matter, the two actions involve the same plaintiffs and defendants. Both suits are putative securities class actions on behalf of all persons who purchased CMGE’s American Depository Shares between September 20, 2012 and June 19, 2014. (Reitan Compl. ¶ 1); (Chang Compl. ¶ 1).

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