Asmodus, Inc. et al v. Ou et al
| Asmodus, Inc, Hsueh Chen Yin and Asmodus, Inc. |
| Ou, Global Vaping, LLC, ACM Vape, Junbiao Ou, Wehe, Shenzhen LSM Technology Ltd.,, Dongguan Wehe Electronic Technology Co. Ltd.,, Laisimo, Dongguan Shenxi Hardware Electronics Technology Co., Ltd., ACM Supplies Inc., Shenzhen Sigelei Technology Co., Ltd and Isaac Walker |
| 5:2016cv03305 |
| June 15, 2016 |
| US District Court for the Northern District of California |
| San Jose Office |
| Alameda |
| Nathanael M Cousins |
| Edward J Davila |
| Trademark |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 47 Receipt of acknowledgment - Case transferred from California Northernhas been opened in UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIAas case 5:16-cv-02511, filed 12/07/2016.. (cv, COURT STAFF) (Filed on 12/7/2016) |
Filing 46
ORDER granting #18 Motion to Change Venue; denying #35 Motion to Strike; granting #37 Motion for Joinder. The hearing scheduled for 12/8/2016 is VACATED. The Clerk shall TRANSFER this action to the United States District Court for the Central District of California, Eastern Division, and close this court's file. All additional matters calendared before the undersigned are TERMINATED and VACATED and should be re-filed before the newly assigned district judge. Signed by Judge Edward J. Davila on 12/5/2016 (REPOSTED WITH SIGNATURE AND DATE).(ejdlc1S, COURT STAFF) (Filed on 12/5/2016)
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Filing 45
*** PLEASE DISREGARD, SEE #46 *** ORDER granting #18 Motion to Change Venue; denying #35 Motion to Strike; granting #37 Motion for Joinder. The hearing scheduled for 12/8/2016 is VACATED. The Clerk shall TRANSFER this action to the United States District Court for the Central District of California, Eastern Division, and close this court's file. All additional matters calendared before the undersigned are TERMINATED and VACATED and should be re-filed before the newly assigned district judge. Signed by Judge Edward J. Davila on 12/5/2016. (ejdlc1S, COURT STAFF) (Filed on 12/5/2016) Modified on 12/5/2016 (ejdlc1S, COURT STAFF).
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| Filing 44 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #19 Amended Complaint AS TO ISAAC WALKER (Chen, Alexander) (Filed on 11/15/2016) |
| Filing 43 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #19 Amended Complaint AS TO GLOBAL VAPING LLC (Chen, Alexander) (Filed on 10/31/2016) |
| Filing 42 RESPONSE (re #39 MOTION to Dismiss ) filed byAsmodus, Inc.. (Attachments: #1 Declaration Declaration of Alexander Chen)(Chen, Alexander) (Filed on 10/6/2016) |
| Filing 41 REPLY (re #35 MOTION to Strike #25 Reply to Opposition/Response ) filed byAsmodus, Inc.. (Chen, Alexander) (Filed on 10/5/2016) |
| Filing 40 MOTION for Preliminary Injunction filed by Asmodus, Inc.. Motion Hearing set for 3/9/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 10/18/2016. Replies due by 10/25/2016. (Attachments: #1 Declaration Declaration of Renson Lee, #2 Declaration Declaration of Hsueh Cheng Yin, #3 Declaration Declaration of Tony Tran, #4 Declaration Declaration of Jayson Sy, #5 Proposed Order)(Chen, Alexander) (Filed on 10/4/2016) |
| Filing 39 MOTION to Dismiss First Amended Complaint Insufficient service of process filed by Junbiao Ou, Shenzhen Sigelei Technology Co., Ltd. Motion Hearing set for 12/8/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 10/6/2016. Replies due by 10/13/2016. (Attachments: #1 Exhibit Proof of service on Ou, #2 Exhibit Proof of service on company, #3 Declaration)(Klein, Robert) (Filed on 9/22/2016) Modified on 9/22/2016 (cv, COURT STAFF). |
| Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #39 MOTION to Quash First Amended Complaint filed by Junbiao Ou, Shenzhen Sigelei Technology Co., Ltd (cv, COURT STAFF) (Filed on 9/22/2016) |
| Filing 38 CERTIFICATE OF SERVICE by Asmodus, Inc. re #19 Amended Complaint AS TO JUNBIAO OU (Chen, Alexander) (Filed on 9/15/2016) |
| Filing 37 MOTION for Joinder to motion to change venue filed by ACM Supplies Inc., ACM Vape, Shenzhen Sigelei Technology Co., Ltd. (Attachments: #1 Declaration)(Klein, Robert) (Filed on 9/15/2016) |
| Filing 36 RESPONSE (re #35 MOTION to Strike #25 Reply to Opposition/Response ) filed byGlobal Vaping, LLC. (Klein, Robert) (Filed on 9/14/2016) |
| Filing 35 MOTION to Strike #25 Reply to Opposition/Response filed by Asmodus, Inc.. Motion Hearing set for 12/8/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 9/28/2016. Replies due by 10/5/2016. (Attachments: #1 Proposed Order)(Chen, Alexander) (Filed on 9/14/2016) |
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Filing 34
CASE MANAGEMENT ORDER. The Case Management Conference is VACATED and the parties are ordered to comply with the following schedule. Signed by Judge Edward J. Davila on 9/12/2016. (ejdlc1S, COURT STAFF) (Filed on 9/12/2016)
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| Filing 33 ADR Remark: ADR Phone Conference held by Howard Herman on 9/9/2016. (af, COURT STAFF) (Filed on 9/12/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 32 CERTIFICATE OF SERVICE by Asmodus, Inc. re #19 Amended Complaint AS TO ACM SUPPLIES, INC. (Chen, Alexander) (Filed on 9/12/2016) |
| ***Set Deadlines/Hearings pursuant to #34 Order: Joinder of any additional parties or other amendments to the pleadings due by 11/14/2016. Anticipated dispositive motions Hearing set for 11/9/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Fact Discovery Cutoff by 6/14/2017. Deadline to file dispositive motions due by 9/28/2017. Joint Trial Setting Conference Statement due by 5/1/2017. Trial Setting Conference set for 5/11/2017 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (amkS, COURT STAFF) (Filed on 9/12/2016) |
| Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Asmodus, Inc.. (Chen, Alexander) (Filed on 9/8/2016) |
| Filing 30 CERTIFICATE OF SERVICE by Asmodus, Inc. re #19 Amended Complaint AS TO SHENZHEN SIGELEI TECHNOLOGY LTD (Chen, Alexander) (Filed on 9/2/2016) |
| Filing 29 ADR Clerk's Notice Setting ADR Phone Conference on Friday, September 9, 2016, at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 9/1/2016) |
| Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chen, Alexander) (Filed on 8/31/2016) |
| Filing 27 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Chen, Alexander) (Filed on 8/31/2016) |
| Filing 26 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/29/2016) |
| Filing 25 REPLY (re #18 MOTION to Change Venue ) Reply to Opposition filed byShenzhen LSM Technology Ltd.,. (Attachments: #1 Exhibit Trademark, #2 Declaration Junbiao Ou declaration)(Klein, Robert) (Filed on 8/26/2016) |
| Filing 24 OPPOSITION (re #18 MOTION to Change Venue ) CORRECTION OF DOCKET #23 filed by Asmodus, Inc.. (Chen, Alexander) (Filed on 8/3/2016) Modified on 8/4/2016 (cv, COURT STAFF). |
| Filing 23 *** POSTED IN ERROR *** please see OPPOSITION #24 filed by Asmodus, Inc.. (Chen, Alexander) (Filed on 8/3/2016) Modified on 8/4/2016 (cv, COURT STAFF). |
| Filing 22 OPPOSITION (re #17 MOTION to Dismiss Insufficient service of process ) filed by Asmodus, Inc.. (Attachments: #1 Declaration re Motion to Dismiss re Insufficient Service)(Chen, Alexander) (Filed on 8/3/2016) Modified on 8/4/2016 (cv, COURT STAFF). |
| Filing 21 Summons Issued as to Dongguan Shenxi Hardware Electronics Technology Co., Ltd., Global Vaping, LLC, Shenzhen Sigelei Technology Co., Ltd, Isaac Walker. related document #19 Amended Complaint (cv, COURT STAFF) (Filed on 8/3/2016) |
| Filing 20 Proposed Summons. (Chen, Alexander) (Filed on 8/3/2016) |
| Filing 19 AMENDED COMPLAINT against All Defendants. Filed byHsueh Chen Yin, Asmodus, Inc.. (Chen, Alexander) (Filed on 8/2/2016) |
| ***Set Deadlines/Hearing as to #17 Motion to Dismiss Insufficient service of process, #18 Motion to Change Venue. Responses due by 8/3/2016. Replies due by 8/10/2016. Motion Hearing set for 12/8/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (amkS, COURT STAFF) (Filed on 7/20/2016) |
| Filing 18 MOTION to Change Venue to the United States District Court, Eastern Division filed by Global Vaping, LLC. Motion Hearing set for 12/8/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 8/3/2016. Replies due by 8/10/2016. (Klein, Robert) (Filed on 7/20/2016) Modified on 8/3/2016 (cv, COURT STAFF). |
| Filing 17 MOTION to Dismiss Insufficient service of process filed by ACM Vape, Junbiao Ou, Shenzhen Sigelei Technology Co., Ltd. Motion Hearing set for 12/8/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 8/3/2016. Replies due by 8/10/2016. (Klein, Robert) (Filed on 7/20/2016) |
| Filing 16 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #1 Complaint, #5 Summons Issued AS TO JUNBIAO OU (Chen, Alexander) (Filed on 7/14/2016) |
| Filing 15 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #1 Complaint, #5 Summons Issued AS TO ACM VAPE (Chen, Alexander) (Filed on 7/14/2016) |
| Filing 14 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #1 Complaint, #5 Summons Issued AS TO SHENZHEN SIGELEI TECHNOLOGY LTD (Chen, Alexander) (Filed on 7/14/2016) |
| Filing 13 CERTIFICATE OF SERVICE by Asmodus, Inc., Hsueh Chen Yin re #1 Complaint, #5 Summons Issued AS TO GLOBAL VAPING LLC (Chen, Alexander) (Filed on 7/14/2016) |
| Filing 12 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT FROM MAGISTRATE JUDGE. Initial Case Management Conference set for 9/15/2016 at 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 9/8/2016. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text-only entry generated by the court. There is no document associated with this entry. (ofr, COURT STAFF) (Filed on 6/21/2016) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward J. Davila and Magistrate Judge Nathanael M. Cousins remains as the referral judge for all further proceedings. Signed by Judge Executive Committee on 6/20/16. (cfeS, COURT STAFF) (Filed on 6/20/2016)
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| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 6/20/2016) |
| Filing 9 NOTICE by Asmodus, Inc., Hsueh Chen Yin REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK (Chen, Alexander) (Filed on 6/17/2016) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Asmodus, Inc., Hsueh Chen Yin.. (Chen, Alexander) (Filed on 6/17/2016) |
| Filing 7 Certificate of Interested Entities by Asmodus, Inc., Hsueh Chen Yin (Chen, Alexander) (Filed on 6/17/2016) |
| Filing 6 REPORT on the filing or determination of an action regarding (cc: form mailed to register). (srnS, COURT STAFF) (Filed on 6/16/2016) |
| Filing 5 Summons Issued as to All Defendants. (srnS, COURT STAFF) (Filed on 6/16/2016) |
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/7/2016. Case Management Conference set for 9/14/2016 10:00 AM at the US District Court, 280 S. First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 6/16/16. (srnS, COURT STAFF) (Filed on 6/16/2016)
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| Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. by 6/29/2016. (haS, COURT STAFF) (Filed on 6/15/2016) |
| Filing 2 Proposed Summons. (Chen, Alexander) (Filed on 6/15/2016) |
| Filing 1 COMPLAINT against ACM VAPE, DONGGUAN SHENXI HARDWARE CO., LTD, GLOBAL VAPING, LLC, LAISIMO, JUNBIAO OU, SHENZHEN SIGELEI TECHNOLOGY CO., LTD ( Filing fee $ 400, receipt number 0971-10531402.). Filed byHSUEH CHEN YIN, ASMODUS, INC.. (Attachments: #1 Civil Cover Sheet)(Chen, Alexander) (Filed on 6/15/2016) |
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