Has This Action, Case, Or Proceeding, Or One Essentially the Same Been Previously Filed in SDNY at Any Time? Ncevesqjudge Previously Assigned Ifyes, Was This Case Vol
Total Page:16
File Type:pdf, Size:1020Kb
n! r iaj JS«44C/SDNY CIVIL COVE REV. 4/2014 14 Cf "PtSJJwH wRovef^iBrana'tne information contained herein neither replace nor supplement the filing and service qtjL pleadings or other papers as required bylaw, exceptas provided bylocal rulesofcourt. Thisform, approved bythe 2 1 2014 Judicial Conference ofthe United States inSeptember1974, is required foruse ofthe Clerk ofCourtforthe purposeof initiating the civil docket sheet. PLAINTIFFS DEFENDANTS BRIDGEWATER ASSOCIATES, LP CONVOYFUNDS, LP, CONVOYFUND, LP, CONVOYGLOBAL FUND,LP, CONVOYINVESTMENTS, LLC, CONVOYMACRO FUND, LP, CONVOYOPTIMAL FUND, LP, CONVOYPREMIUM FUND,LP, WENQUAN WU, AND HOWARD WANG ATTORNEYS (FIRM NAME, ADDRESS, ANDTELEPHONE NUMBER ATTORNEYS (IF KNOWN) Atif Khawaja , KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Telephone: (212)446-4800 Facsimile: (212)446-6460 • CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUS^ (DO NOTCITEJURISDICTIONAL STATUTES UNLESSDIVERSITY) False advertising inviolation of section 43(a)(1)(B) ofthe Lanham Act. See 15 U.S.C. § 1125(a)(1)(B). Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NcEVesQjudge Previously Assigned Ifyes, was this case Vol. • Invol. • Dismissed. No [~J Yes • If yes, give date &Case No. IS THIS AN INTERNATIONAL ARBITRATION CASE? No [*] Yes [~J (PLACE AN[x] INONEBOXONLY) NATURE OF SUIT ACTIONS UNDER STATUTES CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES [ ] 367 HEALTHCARE/ [X1375 [ ] 110 PHARMACEUTICAL PERSONAL FALSE CLAIMS X'. INSURANCE [] 310 AIRPLANE ] 625 DRUG RELATED [] 422 APPEAL [ J400 STATE [ ]120 MARINE INJURY/PRODUCT LIABILITY [ )315 AIRPLANE PRODUCT SEIZURE OF PROPERTY 28 USC 158 REAPPORTIONMENT [ ]130 MILLER ACT LIABILITY [] 365 PERSONAL INJURY 21 USC 881 [] 423 WITHDRAWAL [ ]410 ANTITRUST [ J140 NEGOTIABLE [] 320 ASSAULT, LIBEL & PRODUCT LIABILITY ,, R„ nTHFR 28 USC 157 [ J430 BANKS & BANKING INSTRUMENT SLANDER [ J368ASBESTOS PERSONAL IJesuumtK [ H50 COMMERCE [ ]150 RECOVERY OF [] 330 FEDERAL INJURY PRODUCT f ]460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS [ H70 RACKETEER INFLU ENFORCEMENT LIABILITY ENCED & CORRUPT OF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY [] 820 COPYRIGHTS ORGANIZATION ACT (J 151 MEDICARE ACT [] 345 MARINE PRODUCT [] 830 PATENT (RICO) ( ]152 RECOVERY OF LIABILITY [] 370 OTHER FRAUD [ 1840 TRADEMARK ]480 CONSUMER CREDIT DEFAULTED [ ] 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING 1490 CABLE/SATELLITE TV STUDENT LOANS [ ] 355 MOTOR VEHICLE (EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY ] 850 SECURITIES/ [ ]153 RECOVERY OF [ ] 360 OTHER PERSONAL COMMODITIES/ OVERPAYMENT INJURY ] 380 OTHER PERSONAL LABOR [ ]861 HIA(1395ff) EXCHANGE OF VETERAN'S [ ] 362 PERSONAL INJURY - PROPERTY DAMAGE [] 862 BLACK LUNG (923) BENEFITS MED MALPRACTICE ] 385 PROPERTY DAMAGE [ ] 710 FAIR LABOR [] 863 DIWC/DIWW (405(g)) I ]160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ] 864 SSID TITLE XVI SUITS [] 720 LABOR/MGMT [] 865 RSI (405(g)) ] 890 OTHER STATUTORY I 1190 OTHER PRISONER PETITIONS RELATIONS ACTIONS CONTRACT [] 463 ALIEN DETAINEE [] 740 RAILWAY LABOR ACT ] 891 AGRICULTURAL ACTS [ 1195 CONTRACT [ ] 510 MOTIONS TO [ ] 751 FAMILY MEDICAL FEDERAL TAX SUITS PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE LEAVE ACT (FMLA) LIABILITY 28 USC 2255 [] 870 TAXES (U.S. Plaintiff or ] 893 ENVIRONMENTAL [ ] 196 FRANCHISE CIVIL RIGHTS (] 530 HABEAS CORPUS [) 790 OTHER LABOR Defendant) MATTERS [ 1 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY ] 895 FREEDOM OF [] 540 MANDAMUS & OTHER [] 440 OTHER CIVIL RIGHTS [ ] 791 EMPL RET INC 26 USC 7609 INFORMATION ACT (Non-Prisoner) SECURITY ACT ) 896 ARBITRATION REAL PROPERTY I 899 ADMINISTRATIVE [ ] 441 VOTING IMMIGRATION PROCEDURE ACT/REVIEW OR I 1210 LAND [] 442 EMPLOYMENT PRISONER CIVIL RIGHTS CONDEMNATION [] 443 HOUSING/ ] 462 NATURALIZATION APPEAL OF AGENCY DECISION [ ]220 ACCOMMODATIONS FORECLOSURE [ ] 550 CIVIL RIGHTS APPLICATION [] 950 CONSTITUTIONALITY OF [ ]230 RENT LEASE & [] 445 AMERICANS WITH [] 555 PRISON CONDITION ] 465 OTHER IMMIGRATION STATE STATUTES EJECTMENT DISABILITIES - [ ] 560 CIVIL DETAINEE ACTIONS [ ]240 TORTS TO LAND EMPLOYMENT CONDITIONS OF CONFINEMENT [ ]245 TORT PRODUCT [] 446 AMERICANS WITH LIABILITY DISABILITIES -OTHER [ ]290 ALL OTHER [] 448 EDUCATION REAL PROPERTY Check ifdemandedincomplaint: CHECK IF THIS IS ACLASS ACTION DaYpy CLAJM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.? • UNDERF.R.C.P. 23 DEMAND $_ OTHER JUDGE DOCKET NUMBER Check YES onlyifdemanded incomplaint JURY DEMAND: DYES ENO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32). (PLACEAN x INONEBOXONLY) ORIGIN |XJ 1 Original Q 2 Removed from •—' 3 Remanded d 4 Reinstated or Q 5 Transferred from • 6 Multidistrict • 7 Appeal to District Proceeding State Court from Reopened (Specify District) Litigation Judge from • a. a„Parti„repreSe„,ed Appenate »££Judge I I b. At least one party is pro se. (PLACE AN x INONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE • 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION \J4 DIVERSITY CITIZENSHIP BELOW. (U.S. NOT A PARTY) CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY) (Place an [X] in one box for Plaintiffand one box for Defendant) PTF DEF PTFDEF PTF DEF CITIZEN OFTHIS STATE [ ] 1 [ ] 1 CITIZEN ORSUBJECT OFA [ ] 3 [ ] 3 INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5 FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE CITIZEN OFANOTHER STATE []2 []2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATION []6 []6 OF BUSINESS IN THIS STATE PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES) DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES) DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN RE9IBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS: Checkone: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS [x] MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.) DATE 10/21/2014 SIGNATUBEOF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT A "ff/^ « [] NO f]h+rW/) ' [X YES (DATE ADMITTED Mo.OJ Yr. 2005 RECEIPT* II Attorney Bar Code #AK5894 Magistrate Judge is to be designated by the Clerk of the Court. Magistrate Judge fHFll*lilW **^ w iTsoTJesignated.is so Desigi Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN) ORIGINAL BB00EB\Cfc UNITED STATES DISTRICT COURT JVJDG6 SOUTHERN DISTRICT OF NEW YORK BRIDGEWATER ASSOCIATES, LP ) 14 CV 8418 Plaintiff, ) Civil Action No. CONVOY FUND, LP, ) CONVOY FUNDS, LP, ) CONVOY GLOBAL FUND, LP, ) CONVOY INVESTMENTS, LLC, ) CONVOY MACRO FUND, LP, ) CONVOY OPTIMAL FUND, LP, ) CONVOY PREMIUM FUND, LP, ) WENQUAN WU, AND ) HOWARD WANG. ) Defendants. ) COMPLAINT '3 <•' • Plaintiff Bridgewater Associates, LP ("Bridgewater"), by and through its attorneys,0 Kirkland & Ellis LLP, for its Complaint against Convoy Fund, LP, Convoy Funds, LP, Convoy ---i ,— O Global Fund, LP, Convoy Investments, LLC, Convoy Macro Fund, LP, Convoy Optimal Fund, -^ LP, and Convoy Premium Fund, LP (together, "Convoy"), and Wenquan WuandHoward Wang (collectively with Convoy, the "Defendants"), hereby alleges as follows: NATURE OF THE CASE 1. This action arises out of a series of false and misleading advertising claims published by Convoy and its founders, Wenquan "Robert" Wu and Howard Wang, about their affiliation with Bridgewater. As one of the largest and most successful hedge fund firms in the world, Bridgewater is widely recognized by insiders as both a market- and thought-leader in the field of investment management. Fully aware of Bridgewater's venerable reputation, Mr. Wu and Mr. Wang tried to publicize their own newly-formed competing hedge fund, Convoy, by lying to the market about their former roles at Bridgewater. Despite having served in only low- ranking roles at Bridgewater with limited responsibility, Mr. Wu and Mr. Wang have tried to pass themselves off in several public forums as former key figures responsible for core aspects of Bridgewater's business. 2. They were nothing of the sort. In reality, Mr. Wu and Mr. Wang were junior- level Bridgewater employees who left Bridgewater in 2010 and 2012, respectively. Despite agreeing to inform Bridgewater of their post-employment plans before pursuing any such plans, Mr. Wu and Mr. Wang kept their competitive ambitions hidden—telling Bridgewater that they were "traveling," "ballroom dancing," and only passively advising "friends and family" on how to invest their money. Mr. Wu and Mr. Wang sustained their charade until their non-compete periods with Bridgewater ended, at which point they began marketing Convoy as a "global macro investment hedge fund" that caters to the very clients that Bridgewater has successfully serviced for years. 3. Rather than promote their new venture honestly, Defendants elected to trade off of Bridgewater's hard-earned reputation. To that end, Defendants advertised Convoy by exaggerating and misrepresenting their short, limited stints at Bridgewater to suggest an affiliation between the two firms. Indeed, although Mr. Wu and Mr. Wang were only junior members of Bridgewater's information technology and Client Services departments respectively, Defendants published extravagant claims on Convoy's website and elsewhere about Mr. Wu and Mr. Wang's prior roles and responsibilities at Bridgewater, including that: • Mr. Wang—one