UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YUE ZHOU, et al., Plaintiffs, ORDER -against- 21-CV-10600 (PMH) UNITED STATES SECURITIES AND EXCHANGE COMMISSION, et al., Defendants.

PHILIP M. HALPERN, United States District Judge: Counsel for the parties appeared for a pre-motion conference by telephone. As stated on the record, the Court construed Defendants’ pre-motion conference letter (Doc. 15) as their motion to dismiss under Federal Rules of Civil Procedure 12(b)(1), (5), and (6). See In re Best Payphones, Inc.,

(2d Cir. 2011) (upholding construction of pre-motion letter as motion). For the reasons stated on the record and the law cited therein, Defendants’ motion to dismiss the action under Federal Rule of Civil Procedure 12(b)(1) is GRANTED. Given the Court’s conclusion as to its lack of subject-matter jurisdiction, it need not and does not reach Defendants’ arguments for dismissal under 12(b)(5) or (6). The Clerk of the Court is respectfully directed to close this case.

SO ORDERED: Dated: White Plains, New York June 28, 2022 PHILIP M. HALPERN United States District Judge