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Puda Coal Inc PUDA

Puda Coal, Inc. (Puda) is a supplier of high-grade metallurgical coking coal to the industrial sector in the People’s Republic of China (the PRC or China). Its processed coking coal is primarily purchased by coke and steel producers for the purpose of making the coke required for the steel manufacturing process. Puda’s operations are conducted by Shanxi Puda Coal Group Co., Ltd (Shanxi Coal), which it controls through 90% indirect equity ownership. Puda cleans raw coking coal sourced from third-party coal mines primarily located in Liulin County, Shanxi Province, and markets the cleaned, coking coal to coke and steel makers. Its primary geographic markets include Shanxi Province, Inner Mongolia Autonomous Region, Hebei Province, Beijing and Tianjin, China. It purchases raw coal from a diversified pool of local coal mines in Shanxi Province.


GREY:PUDA - Post by User

Post by coldheaton Oct 02, 2013 3:44pm
124 Views
Post# 21785561

There are now two distinct Classes in this suit

There are now two distinct Classes in this suit

 

D. The Auditor Defendants

As a result of the issues relating to the initial time period, in-and-out traders

and the lack of a demonstrably efficient market after April 8, 2011, the Court finds

that the a class may be certified only as follows:

 

All purchasers ofPuda common stock and call options on Puda common stock and sellers of put options on Puda common stock during the period March 31, 2010 through April 8, 2011, both dates inclusive (the "Class Period"). In-andout purchasers are excluded from the class, along with defendants, other officers and directors of Puda Coal, members of their immediate families and their heirs, and successors or assigns of any of the foregoing.

 

E. The Defaulted Defendants

There are two defendants who have been served but are in default. No judgment of default has yet issued. The liability phase of this case is still ongoing as a matter of law as to them. The Court therefore considers certification of a separate class for these defendants.

 

 

The Court cannot ignore its findings by a preponderance of the evidence as set forth above, even for defendants in default. The Court is required to conduct a

 

vigorous inquiry under Rule 23 before certifying a claim. See Wal-Mart, 131 S. Ct.

at 2551. The lack of demonstrably efficient market after April 8, 2011 thus

similarly limits the certifiable class as to the defaulted defendants. However, in-

and-out purchasers would similarly have unique defenses defeating

typicality/predominance. The Court certifies a class of plaintiffs as to the defaulted

defendants as follows:

All purchasers of Puda common stock and call options on Puda common stock and sellers of put options on Puda common stock during the period November 13, 2009 through April 8, 2011, both dates inclusive (the "Class Period"). Inand-out purchasers are excluded from the class, along with defendants, other officers and directors of Puda Coal, members of their immediate families and their heirs, and successors or assigns of any of the foregoing.

CONCLUSION

For the reasons set forth above, the Underwriter defendants' motion for summary judgment is GRANTED; the Outside Director defendants' motion fm summary judgment is GRANTED; the Auditor defendants' motions for summary judgment are GRANTED; Trellus's motion to intervene is DENIED; plaintiffs' motion for class certification and appointment of class representatives and class counsel is GRANTED as modified; and plaintiffs' motion for leave to amend is DENIED.

42 Case 1:11-cv-02598-KBF Document 263 Filed 10/01/13 Page 42 of 43

 

 



 

 


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