UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------}( CARL BRAUN, derivatively on behalf of ADVANCED BA ITERY TECHNOLOGIES, INC., Plaintiff, v. ZHIGUO FU, GUOHUA WAN, GUOPENG GAO, HONGJUN SI, LIQUI BAI, JOHN MCFADDEN, YULIN HAO, NING LI, SHAOQIN XIA, SHIY ANY ANG, COSIMO J. PA ITI, and CHI YUAN XUE, Defendants, and, Index: No. 11 Civ. 4383 USDC SDNY ' DOCU\'IENT ELECTRONICALLY FILED ' DOC t'· j j le D\TE Hi.FD: Jf17/) - ·----·-' _ ___. ADVANCED BA ITERY TECHNOLOGIES, INC., Nominal Defendant. -----------------------------------------------------------------}( ORDER The Court, having reviewed Plaintiffs' Motion to Dismiss Action, and for good cause shown, IT IS HEREBY ORDERED this ___.___,..__day of U 201!! that Plaintiffs' Motion is: GRANTED. o(fr.J ;., i.J 70 'fo LLOW' . Hon. Colleen McMahon Case 1:11-cv-04383-CM Document 39 Filed 03/17/15 Page 1 of 1

Braun Case Dismissed

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In 2011, Plaintiff Carl Braun brought a derivative case against Zhigou Fu, CEO of Advanced Battery Technologies. Carl Braun never had standing to bring the case having sold his 1500 shares a month before the case was brought. For some reason, Carl Braun perjured himself by claiming to his lawyers at Levi & Korsinsky that he owned shares of ABAT when he did not. When pressed by Judge McMahon, his lawyers had to file with the Court the "details" of the situation. The Case was dismissed on 3/17/2015. Documents which validate Carl Braun's lack of standing are on the Docket at Document 35 of 1:11-cv-04383-CM.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------------}( CARL BRAUN, derivatively on behalf of ADVANCED BA ITERY TECHNOLOGIES, INC.,

Plaintiff, v.

ZHIGUO FU, GUOHUA WAN, GUOPENG GAO, HONGJUN SI, LIQUI BAI, JOHN MCFADDEN, YULIN HAO, NING LI, SHAOQIN XIA, SHIY ANY ANG, COSIMO J. PA ITI, and CHI YUAN XUE,

Defendants, and,

Index: No. 11 Civ. 4383

USDC SDNY ' DOCU\'IENT

ELECTRONICALLY FILED ' DOC t' j j

le

D\TE Hi.FD: Jf17/) - -----' _ ___. ADVANCED BA ITERY TECHNOLOGIES, INC.,

Nominal Defendant. -----------------------------------------------------------------}(

(2ROPO~Dl ORDER

The Court, having reviewed Plaintiffs' Motion to Dismiss Action, and for good cause

shown,

IT IS HEREBY ORDERED this ___.___,..__day of U 201!! that Plaintiffs' Motion is:

GRANTED. o(fr.J ;., i.J 70 'fo LLOW' .

Hon. Colleen McMahon

Case 1:11-cv-04383-CM Document 39 Filed 03/17/15 Page 1 of 1