puda doc 71

quinn emanuel trial lawyers | new york 51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL (212) 849-7000 | FAX (212) 849-7100 WRITER'S DIRECT DIAL NO. (212) 849-7134 WRITER'S INTERNET ADDRESS [email protected] March 25, 2015 Hon. Denise L. Cote United States District Judge Southern District of New York Daniel Patrick Moynihan Courthouse 500 Pearl St., Courtroom 15B New York, NY 10007-1312 Re: SEC. v. Ming Zhao (Case No. 1:12-CV-01316 (DLC)) Dear Judge Cote: I write in response to (1) the Court’s March 13, 2015 order to provide a status update with respect to the issues discussed during the February 24, 2015 telephonic hearing in connection with the motion filed by Quinn Emanuel Urquhart & Sullivan, LLP (“Quinn Emanuel”) to withdraw as counsel to Ming Zhao in the above-referenced action; and (2) the letter submitted to the Court by the Securities and Exchange Commission (the “Commission”) today. In its letter, the Commission among other things reiterated its prior request that Quinn Emanuel be required to accept on behalf of Mr. Zhao any default motion papers and default judgment that the Court might enter against Mr. Zhao. Quinn Emanuel continues to oppose this request. The relief requested by the Commission is simply not necessary to protect the interests of the Commission. Mr. Zhao understands the consequences of his decision not to litigate these cases and, as observed by the Court during the February 24, 2015 hearing and in the letter submitted by the Commission today, Mr. Zhao is “clearly on notice that a default judgment will be entered by the Court.” Therefore, there is no need for Quinn Emanuel to remain in the action for the Commission to obtain a default judgment. Moreover, on February 27, 2015, pursuant to Your Honor’s on the record directive, Quinn Emanuel provided to the Commission and Class Plaintiffs the most current email addresses and physical mailing address Quinn Emanuel has on file for Mr. Zhao. Therefore, the Commission can transmit any documents it wishes to Mr. Zhao as easily as Quinn Emanuel can. Finally, Quinn Emanuel was advised by Mr. Zhao on March 6, 2015 that he no longer considers Quinn Emanuel as his counsel and does not consent to Quinn Emanuel accepting any legal papers on his behalf. Accordingly, Quinn Emanuel respectfully requests that the Court grant its motion to withdraw as counsel without imposing the condition being sought by the Commission. Case 1:12-cv-01316-DLC-HBP Document 71 Filed 03/25/15 Page 1 of 2

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Puda Doc 71

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quinn emanuel trial lawyers | new york 51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL (212) 849-7000 | FAX (212) 849-7100

WRITER'S DIRECT DIAL NO.

(212) 849-7134

WRITER'S INTERNET ADDRESS

[email protected] March 25, 2015

Hon. Denise L. Cote

United States District Judge

Southern District of New York

Daniel Patrick Moynihan Courthouse

500 Pearl St., Courtroom 15B

New York, NY 10007-1312

Re: SEC. v. Ming Zhao (Case No. 1:12-CV-01316 (DLC))

Dear Judge Cote:

I write in response to (1) the Courts March 13, 2015 order to provide a status update with respect to the

issues discussed during the February 24, 2015 telephonic hearing in connection with the motion filed by

Quinn Emanuel Urquhart & Sullivan, LLP (Quinn Emanuel) to withdraw as counsel to Ming Zhao in

the above-referenced action; and (2) the letter submitted to the Court by the Securities and Exchange

Commission (the Commission) today.

In its letter, the Commission among other things reiterated its prior request that Quinn Emanuel be

required to accept on behalf of Mr. Zhao any default motion papers and default judgment that the Court

might enter against Mr. Zhao. Quinn Emanuel continues to oppose this request. The relief requested by

the Commission is simply not necessary to protect the interests of the Commission. Mr. Zhao

understands the consequences of his decision not to litigate these cases and, as observed by the Court

during the February 24, 2015 hearing and in the letter submitted by the Commission today, Mr. Zhao is

clearly on notice that a default judgment will be entered by the Court. Therefore, there is no need for

Quinn Emanuel to remain in the action for the Commission to obtain a default judgment.

Moreover, on February 27, 2015, pursuant to Your Honors on the record directive, Quinn Emanuel

provided to the Commission and Class Plaintiffs the most current email addresses and physical mailing

address Quinn Emanuel has on file for Mr. Zhao. Therefore, the Commission can transmit any

documents it wishes to Mr. Zhao as easily as Quinn Emanuel can.

Finally, Quinn Emanuel was advised by Mr. Zhao on March 6, 2015 that he no longer considers Quinn

Emanuel as his counsel and does not consent to Quinn Emanuel accepting any legal papers on his

behalf.

Accordingly, Quinn Emanuel respectfully requests that the Court grant its motion to withdraw as

counsel without imposing the condition being sought by the Commission.

Case 1:12-cv-01316-DLC-HBP Document 71 Filed 03/25/15 Page 1 of 2
2

Respectfully submitted,

/s/ Minyao Wang

Minyao Wang

Case 1:12-cv-01316-DLC-HBP Document 71 Filed 03/25/15 Page 2 of 2