United States Securities and Exchange Commission v. Qin

Nature of the Order

This is a reassignment and case-management order. It does not decide the Securities and Exchange Commission’s claims or the defendants’ defenses.

Court’s Directives

Judge Jessica G. L. Clarke stated that the case had been reassigned to her. Unless she later ordered otherwise, all prior orders, dates, and deadlines remained effective, including quarterly status reports and quarterly fee applications required by an earlier docket order. Any conference or oral argument already scheduled before the court was postponed until further order.

The court ordered the parties to file a joint letter on the electronic filing system no later than August 3, 2023. The letter could not exceed five pages, except that lengthy citizenship information for certain entities could be placed in an appendix outside the page limit. The letter had to address:

- counsel’s names and current contact information; - the nature of the case, principal defenses, and major legal and factual issues; - why federal jurisdiction and venue were proper; - all existing deadlines and cutoff dates; - previously scheduled conferences that had not occurred; - outstanding motions and the relief requested; - pending appeals; - completed and remaining discovery, including depositions; - the status of settlement discussions without exact offers or demands; - whether alternative dispute resolution would be appropriate; - the estimated trial length; and - any other information that could help move the case toward settlement or trial.

Extensions and Termination

The court stated that requests for extensions or postponements had to be made by a letter-motion filed electronically at least 48 hours before the relevant deadline or conference. The request had to provide specified information, including the original and requested new dates, prior requests, the reason for the request, and the opposing party’s position.

If the case had already been settled or otherwise terminated, counsel did not have to file the joint letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed before the deadline.

Disposition

The court ordered the reassignment-related case-management steps described above. No merits ruling or judgment was entered. Judge Jessica G. L. Clarke signed the order on July 25, 2023.