Beijing Abace Biotechnology Co., Ltd., et al v. ADV Biolabs, Inc., et al
| Beijing Abace Biotechnology Co., Ltd. |
| ADV Biolabs, Inc. a California corporation doing business as Musechem doing business as Accegen doing business as ADV Biomart, Does 1 through 100, inclusive, Arrakistek Inc., BETA LIFESCIENCE and Beijing Firegene Medical Technology Co., LTD. |
| Creative Dynamics, Inc., ADV Biolabs, Inc., Creative Biomart, Inc., Cheng Sun, Ke Qing Song, Beijing Abace Biotechnology Co., LTD, Ying Ying Li, Wei Wang, Ning Yang and Creative Biolabs, Inc. |
| Michael D. Young and Alan E. Friedman |
| 2:2018cv03599 |
| April 27, 2018 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Alka Sagar |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 112 JUDGMENT by Judge Fernando M. Olguin. IT IS ADJUDGED THAT the above-captioned action is dismissed without prejudice. (MD JS-6, Case Terminated). (iv) |
Filing 111
ORDER RE: MOTION FOR DEFAULT JUDGMENT by Judge Fernando M. Olguin. Plaintiffs' Renewed Motion for Default Judgment #109 is denied. (iv)
|
| Filing 110 MINUTES OF PLAINTIFFS' RENEWED MOTION FOR DEFAULT JUDGMENT #109 held before Judge Fernando M. Olguin. The Motion for Default Judgment is taken under submission. An order with the court's ruling will issue. Pending a ruling on the motion, all other dates and deadlines in this matter are hereby vacated. Court Reporter: Maria Bustillos. (iv) |
| Filing 109 Renewed NOTICE OF MOTION AND MOTION for Default Judgment against Defendants (1) ADV BIOLABS, INC. DBA MUSECHEM DBA ACCEGEN DBA ADV BIOMART (2) ARRAKISTEK INC. DBA ADVANCED BIOLABS (3) BEIJING FIREGENE MEDICAL TECHNOLOGY CO., LTD. (4) BETA LIFESCIENCE (5) KE QING SONG (6) NING YANG (7) WEI W ANG (8) YING YING LI filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. Motion set for hearing on 2/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration DECLARATION OF LING TANG IN SUPPORT OF RENEWED MOTION FOR DEFAULT JUDGMENTS, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Lo, Michael) |
| Filing 108 MINUTES OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS ADV BIOLABS, INC. D/B/A MUSECHEM D/B/A ACCEGEN D/B/A ADV BIOMART; ARRAKISTEK INC. D/B/A ADVANCED BIOLABS; BEIJING FIREGENE MEDICAL TECHNOLOGY CO., LTD; BETA LIFESCIENCE; KE QING SONG; NING YANG; WEI WANG; YING YING LI #107 held before Judge Fernando M. Olguin. The Motion for Default Judgment is denied without prejudice for the reasons set forth on the record. By no later than January 24, 2020, counsel shall file a renewed motion correcting the deficiencies addressed by the court. Court Reporter: Maria Bustillos. (iv) |
| Filing 107 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants ADV BIOLABS, INC. DBA MUSECHEM DBA ACCEGEN DBA ADV BIOMART; ARRAKISTEK INC. DBA ADVANCED BIOLABS; BEIJING FIREGENE MEDICAL TECHNOLOGY CO., LTD.; BETA LIFESCIENCE; KE QING SONG; NING YANG; WEI WANG; YING YING LI filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. Motion set for hearing on 12/19/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Ling Tang) (Lo, Michael) |
|
Filing 106
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Plaintiffs shall file their Motion(s) for Default Judgment no later than November 14, 2019, and notice it for hearing pursuant to the Local Rules. (iv)
|
| Filing 105 RESPONSE filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #104 PLAINTIFFS RESPONSE TO THE COURTS SEPTEMBER 25, 2019 ORDER TO SHOW CAUSE RE DISMISSAL RE LACK OF PROSECUTION; DECLARATION OF KELVIN J. LO (Lo, Michael) |
|
Filing 104
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before October 2, 2019, why this action should not be dismissed for lack of prosecution. (iv)
|
| Filing 103 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ying Ying Li. (iv) |
| Filing 102 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Wei Wang. (iv) |
| Filing 101 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ning Yang. (iv) |
| Filing 100 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ke Qing Song. (iv) |
| Filing 99 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Beta LifeScience. (iv) |
| Filing 98 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Beijing Firegene Medical Technology Co., Ltd. (iv) |
| Filing 97 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Aarakistek, Inc. (iv) |
| Filing 96 DEFAULT BY CLERK F.R.Civ.P.55(a) as to ADV Biolabs, Inc. (iv) |
| Filing 95 APPLICATION for Clerk to Enter Default against Defendant Ying Ying Li filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 94 APPLICATION for Clerk to Enter Default against Defendant Wei Wang filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 93 APPLICATION for Clerk to Enter Default against Defendant Ning Yang filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 92 APPLICATION for Clerk to Enter Default against Defendant Ke Qing Song filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 91 APPLICATION for Clerk to Enter Default against Defendant BETA LIFESCIENCE filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 90 APPLICATION for Clerk to Enter Default against Defendant Beijing Firegene Medical Technology Co., LTD. filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 89 APPLICATION for Clerk to Enter Default against Defendant Arrakistek Inc. filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 88 APPLICATION for Clerk to Enter Default against Defendant ADV Biolabs, Inc. filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.. (Attachments: #1 Declaration Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 87 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Ying Ying Li served on 1/27/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon Defendant Ying Ying Li in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO YING YING LI (Attachments: #1 Declaration Declaration of Diligence)(Lo, Michael) |
| Filing 86 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Wei Wang served on 1/27/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon Defendant Wei Wang in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO WEI WANG (Attachments: #1 Declaration Declaration of Diligence)(Lo, Michael) |
| Filing 85 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Ning Yang served on 1/27/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon Defendant Ning Yang in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO NING YANG (Attachments: #1 Declaration Declaration of Diligence)(Lo, Michael) |
| Filing 84 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Ke Qing Song served on 1/27/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon Defendant Ke Qing Song in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO KE QING SONG (Attachments: #1 Declaration Declaration of Diligence)(Lo, Michael) |
| Filing 83 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant BETA LIFESCIENCE served on 1/17/2019, answer due 2/7/2019. Service of the Summons and Complaint were executed upon Defendant Beta Life Science in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO BETA LIFESCIENCE (Lo, Michael) |
| Filing 82 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Service of the Summons and Complaint were executed upon Defendant Beijing Firegene Medical Technology Co., Ltd. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO BEIJING FIREGENE MEDICAL TECHNOLOGY CO., LTD. (PREVIOUSLY FILED PROOF OF SERVICE ERRONEOUSLY INDICATED SERVICE UNDER FRCP 5(b)(2)(D)) (Lo, Michael) |
| Filing 81 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Beijing Firegene Medical Technology Co., LTD. served on 1/17/2019, answer due 2/7/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO BEIJING FIREGENE MEDICAL TECHNOLOGY CO., LTD. (Lo, Michael) |
| Filing 80 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant Arrakistek Inc. served on 1/17/2019, answer due 2/7/2019. Service of the Summons and Complaint were executed upon Defendant Arrakistek, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO ARRAKISTEK, INC. (Lo, Michael) |
| Filing 79 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant ADV Biolabs, Inc. served on 1/17/2019, answer due 2/7/2019. Service of the Summons and Complaint were executed upon ADV Biolabs, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. PROOF OF SERVICE OF SECOND AMENDED COMPLAINT AS TO ADV BIOLABS, INC. (Lo, Michael) |
|
Filing 78
ORDER DISMISSING ACTION WITHOUT PREJUDICE RE: CHENG SUN by Judge Fernando M. Olguin. Having been advised by counsel that plaintiffs has settled their claims with Cheng Sun, the action as to defendant Cheng Sun is hereby dismissed, without costs and without prejudice to the right, upon good cause shown, no later than October 7, 2019, to re-open the action as to subject defendant if the settlement is not consummated. The court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. (iv)
|
|
Filing 77
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. IT IS ORDERED THAT plaintiffs shall, no later than September 19, 2019, file proofs of service as to the remaining unserved defendants, and an application for entry of default or motion for default judgment as to any served defendant. (iv)
|
| Filing 76 MEDIATION REPORT Filed by Mediator (ADR Panel) Alan E. Friedman: Mediation held on September 6, 2019 and the case has been partially resolved. With the filing of this Report, the parties are advised that they must file a joint stipulation regarding those claims which have been resolved. The following issues remain for this Court to resolve: Claims against all but Defendant Sun..Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Friedman, Alan) |
| Filing 75 NOTICE of Settlement with Defendant Cheng Sun filed by plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 74 ANSWER to Amended Complaint/Petition, #59 Answer to Second Amended Complaint filed by Defendant Cheng Sun.(Chen, Alan) |
|
Filing 73
ORDER RE: PENDING MOTION AND FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Plaintiffs' Motion #68 is granted in part and denied in part. *See order for continued dates and deadlines.* (vdr)
|
|
Filing 72
MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Sun's Motion to Quash #64 is denied. Sun shall file an Answer to the Second Amended Complaint no later than 4/22/2019. (vdr)
|
| Filing 71 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Modify #68 is taken off the 4/11/2019 calendar and placed under submission. No appearances are required on 4/11/2019. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 70 REPLY NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 4/4/2021 #68 PLAINTIFFS REPLY IN SUPPORT OF MOTION TO MODIFY SCHEDULING ORDER filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 69 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 4/4/2021 #68 filed by Defendant Cheng Sun. (Chen, Alan) |
| Filing 68 NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 4/4/2021 filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. Motion set for hearing on 4/11/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Lo, Michael) |
| Filing 67 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Quash Service #64 is taken off the 2/28/2019 calendar and placed under submission. No appearances are required on 2/28/2019. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 66 REPLY In Support of NOTICE OF MOTION AND MOTION to Quash Summons #64 filed by Defendant Cheng Sun. (Chen, Alan) |
| Filing 65 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Quash Summons #64 PLAINTIFFS OPPOSITION TO DEFENDANT CHENG SUNS MOTION TO QUASH SERVICE OF SUMMONS UNDER RULE 12(B)(5); DECLARATION OF MANNY BAYO; DECLARATION OF KELVIN J. LO filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lo, Michael) |
| Filing 64 NOTICE OF MOTION AND MOTION to Quash Summons filed by Defendant Cheng Sun. Motion set for hearing on 2/28/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Alan Chen, #2 Exhibit A to Alan Chen Declaration, #3 Exhibit B to Alan Chen Declaration, #4 Exhibit C to Alan Chen Declaration, #5 Exhibit D to Alan Chen Declaration, #6 Declaration of Michael Boyle, #7 Exhibit A to Michael Boyle Declaration, #8 Exhibit B to Michael Boyle Declaration, #9 Exhibit C to Michael Boyle Declaration, #10 Declaration of Cheng Sun, #11 Proposed Order) (Chen, Alan) |
| Filing 63 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Michael D. Young has been assigned to serve as Panel Mediator. (mb) |
| Filing 62 21 DAY Summons Issued re Second Amended Complaint #59 as to Defendant ADV Biolabs, Inc., Arrakistek Inc., BETA LIFESCIENCE, Beijing Firegene Medical Technology Co., LTD., Ying Ying Li, Ke Qing Song, Cheng Sun, Wei Wang, Ning Yang. (iv) |
| Filing 61 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Michael D. Young, Esq. may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.(Lo, Michael) |
| Filing 60 Request for Clerk to Issue Summons on Amended Complaint/Petition, #59 filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 59 SECOND AMENDED COMPLAINT against Defendants ADV Biolabs, Inc., Does, Ying Ying Li, Ke Qing Song, Cheng Sun, Wei Wang, Ning Yang, Arrakistek Inc., BETA LIFESCIENCE, Beijing Firegene Medical Technology Co., LTD. amending Amended Complaint/Petition, #48 , filed by Plaintiffs Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd.(Lo, Michael) |
|
Filing 58
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #55 by Judge Fernando M. Olguin. The request of Cheng Sun to substitute Alan C. Chen as attorney of record instead of Jack Cheng is GRANTED. (iv)
|
|
Filing 57
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #54 by Judge Fernando M. Olguin. The request of Cheng Sun to substitute Alan C. Chen as attorney of record instead of Frank W. Chen is GRANTED. (iv)
|
|
Filing 56
ORDER by Judge Fernando M. Olguin. Plaintiffs' Motion for Leave #53 is granted. Defendant's Motion to Dismiss #27 is denied as moot. (vdr)
|
| Filing 55 REQUEST TO SUBSTITUTE ATTORNEY Alan C. Chen in place of attorney Jack Cheng filed by Defendant Cheng Sun. (Attachments: #1 Proposed Order) (Chen, Alan) |
| Filing 54 REQUEST TO SUBSTITUTE ATTORNEY Alan C. Chen in place of attorney Frank W. Chen filed by Defendant Cheng Sun. (Attachments: #1 Proposed Order) (Attorney Alan C Chen added to party Cheng Sun(pty:dft)) (Chen, Alan) |
| Filing 53 NOTICE OF MOTION AND MOTION for Leave to file SECOND AMENDED COMPLAINT TO IDENTIFY AND NAME DOE DEFENDANTS filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. Motion set for hearing on 1/10/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Lo, Michael) |
| Filing 52 PROOF OF SERVICE Executed by Plaintiff Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., upon Defendant ADV Biolabs, Inc. served on 11/28/2018, answer due 12/19/2018. Service of the Summons and Complaint were executed upon Defendant ADV Biolabs, Inc. in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT AND FIRST AMENDED COMPLAINT ON DEFENDANT ADV BIOLABS, INC. (Lo, Michael) |
| Filing 51 21 DAY Summons Issued re Amended Complaint/Petition, #48 as to Defendant ADV Biolabs, Inc., Ying Ying Li, Ke Qing Song, Cheng Sun, Wei Wang, Ning Yang. (iv) |
| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #48 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 49 Request for Clerk to Issue Summons on Amended Complaint/Petition, #48 filed by plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 48 FIRST AMENDED COMPLAINT against Defendants ADV Biolabs, Inc., Does, Ying Ying Li, Ke Qing Song, Cheng Sun, Wei Wang, Ning Yang amending Complaint (Attorney Civil Case Opening),, #1 , filed by plaintiffs Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc.(Lo, Michael) |
|
Filing 47
MINUTE ORDER IN CHAMBERS RE: SHOW CAUSE RE: AMENDED COMPLAINT by Judge Fernando M. Olguin. No later than 11/13/2018, plaintiffs shall file their first amended complaint. (vdr)
|
| Filing 46 STATUS REPORT REGARDING EFFORTS TO SERVE DEFENDANTS UNDER THE HAGUE CONVENTION; DECLARATION OF KELVIN J. LO IN SUPPORT THEREOF filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 45 BRIEF filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES REGARDING VENUE regarding Order on Motion to Stay Order (other),, Order on Motion for Order, #43 . (Lo, Michael) |
| Filing 44 Defendant Cheng Sun's Memorandum Re: Venue re: Order on Motion to Stay Order (other),, Order on Motion for Order, #43 (Chen, Frank) |
|
Filing 43
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: PENDING APPLICATIONS AND MOTION by Judge Fernando M. Olguin. Plaintiffs' Application No. 1 #26 is denied without prejudice. No later than October 29, 2018, plaintiffs shall file a status report indicating what efforts they have undertaken to serve the Chinese defendants under the Hague Convention. Plaintiffs' Application No. 2 #37 is granted. (iv)
|
|
Filing 42
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
|
|
Filing 41
SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 10/22/2019 at 8:45 AM before Judge Fernando M. Olguin. *See order for dates, deadlines and requirements imposed.* (vdr)
|
| Filing 40 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #27 is taken off the 10/4/2018 calendar and placed under submission. No appearances are required on 10/4/2018. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 39 JOINT RULE 26(f) REPORT filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 38 REPLY TO PLAINTIFFS' OPPOSITION TO NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(1) and 12(b)(5) of the Federal Rules of Civil Procedure; Declaration of Cheng Sun #27 ; SUPPLEMENTAL DECLARATION OF CHENG SUN filed by Defendant Cheng Sun. (Attachments: #1 Proposed Order ORDER GRANTING MOTION TO DISMISS PURSUANT TO RULES 12(b)(1) AND 12(b)(5) OF THE FEDERAL RULES OF CIVIL PROCEDURE)(Chen, Frank) |
| Filing 37 EX PARTE APPLICATION to Stay pending RESOLUTION OF DEFENDANT CHENG SUN'S RULE 12(b)(1) AND 12(b)(5) MOTION TO DISMISS Minutes of In Chambers Order/Directive-form only-no proceeding held #35 PLAINTIFFS EX PARTE APPLICATION FOR ORDER STAYING DEADLINE TO FILE MOTION FOR DEFAULT JUDGMENT AGAINST ADV BIOLABS, INC. AND NING YANG PENDING RESOLUTION OF CHENG SUNS RULE 12(b)(1) AND 12(b)(5) MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Attachments: #1 Declaration of Kelvin J. Lo with Exhibit 1, #2 Proof of Service, #3 Proposed Order) (Lo, Michael) |
| Filing 36 PLAINTIFFS OPPOSITION TO DEFENDANT CHENG SUNS MOTION TO DISMISS UNDER FED. R. CIV. P. RULES 12(b)(1) AND 12(b)(5); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PAUL F. THORNTON; DECLARATION OF KELVIN J. LO OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(1) and 12(b)(5) of the Federal Rules of Civil Procedure; Declaration of Cheng Sun #27 filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lo, Michael) |
|
Filing 35
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than 9/20/2018, and notice it for hearing pursuant to the Local Rules. (vdr)
|
| Filing 34 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ning Yang, ADV Biolabs, Inc. (iv) |
| Filing 33 RESPONSE filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.to Order to Show Cause #25 PLAINTIFFS RESPONSE TO THE COURTS AUGUST 30, 2018 FURTHER ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION; REQUEST FOR: (1) EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT ON DEFENDANT YING YING LI; (2) THE COURT TO DIRECT ALTERNATIVE MEANS OF SERVICE (Attachments: #1 Declaration of Kelvin J. Lo, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Lo, Michael) |
| Filing 32 APPLICATION for Clerk to Enter Default against Defendant ADV Biolabs, Inc. filed by Plaintiffs Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc.. (Attachments: #1 Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 31 Second APPLICATION for Clerk to Enter Default against Defendant Ning Yang filed by Plaintiffs Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc.. (Attachments: #1 Declaration of Kelvin J. Lo with Exhibit 1) (Lo, Michael) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #27 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
|
Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 10/11/2018 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
|
| Filing 28 Certification and NOTICE of Interested Parties filed by Defendant Cheng Sun, (Chen, Frank) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(1) and 12(b)(5) of the Federal Rules of Civil Procedure; Declaration of Cheng Sun filed by Defendant Cheng Sun. Motion set for hearing on 10/4/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attorney Frank Wei-Hong Chen added to party Cheng Sun(pty:dft)) (Chen, Frank) |
| Filing 26 EX PARTE APPLICATION for Order for PLAINTIFFS' EX PARTE APPLICATION FOR NUNC PRO TUNC ORDER AUTHORIZING SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANTS KE QING SONG, WEI WANG, NING YANG, AND YING YING LI BY ELECTRONIC MAIL filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lo, Michael) |
|
Filing 25
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 9/6/2018. (vdr)
|
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., upon Defendant Wei Wang served on 8/20/2018, answer due 9/10/2018. Service of the Summons and Complaint were executed upon Defendant Wei Wang in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. PROOF OF SERVICE TO AN ADDRESS OUTSIDE CALIFORNIA WITH RETURN RECEIPT REQUESTED (C.C.P. SECTION 415.40) (Lo, Michael) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., upon Defendant Ke Qing Song served on 8/20/2018, answer due 9/10/2018. Service of the Summons and Complaint were executed upon Defendant Ke Qing Song in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. PROOF OF SERVICE TO AN ADDRESS OUTSIDE CALIFORNIA WITH RETURN RECEIPT REQUESTED (C.C.P. SECTION 415.40) (Lo, Michael) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., upon Defendant Cheng Sun served on 8/9/2018, answer due 8/30/2018. Service of the Summons and Complaint were executed upon Defendant Cheng Sun in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Lo, Michael) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., upon Defendant ADV Biolabs, Inc. served on 8/9/2018, answer due 8/30/2018. Service of the Summons and Complaint were executed upon Defendant ADV Biolabs, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Lo, Michael) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., upon Defendant Ning Yang served on 7/14/2018, answer due 8/6/2018. Service of the Summons and Complaint were executed upon Defendant Ning Yang in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Lo, Michael) |
| Filing 19 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against defendant Ning Yang #18 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file. The proof of service is attached to docket entry number 16 as an exhibit and must be filed as a stand alone document. (yl) |
| Filing 18 APPLICATION for Clerk to Enter Default against defendant Ning Yang filed by plaintiffs Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc.. (Attachments: #1 Declaration of Kelvin J. Lo; Exhibit 1) (Lo, Michael) |
|
Filing 17
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. No later than August 31, 2018, plaintiffs shall file a proof of service of summons and complaint on defendants ADV Biolabs, Inc., Cheng Sun, Ke Qing Song, and Wei Wang. Failure to file a proof of service with respect to the aforementioned defendants shall result in the dismissal of said defendants from the action for failure to effect service, failure to prosecute and failure to comply with a court order. (iv)
|
| Filing 16 RESPONSE filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.to Order to Show Cause #14 PLAINTIFFS RESPONSE TO THE COURTS MAY 14, 2018 ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION; REQUEST FOR: (1) EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT ON DEFENDANTS ADV BIOLABS, INC., CHENG SUN, KE QING SONG, AND WEI WANG; (2) THE COURT TO DIRECT ALTERNATIVE MEANS OF SERVICE (Attachments: #1 Declaration Declaration of Kelvin J. Lo, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Lo, Michael) |
| Filing 15 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Yin-Yam Lo counsel for Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. Changing jonathan@loandassociates.com to contact@lolollp.com. Filed by Attorney for Plaintiffs Jonathan J. Lo. (Lo, Michael) |
|
Filing 14
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 7/24/2018. (vdr)
|
| Filing 13 RESPONSE filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.to Order to Show Cause #12 PLAINTIFFS' RESPONSE TO THE COURT'S MAY 14, 2018 ORDER TO SHOW CAUSE RE: JURISDICTION (Attachments: #1 Declaration Declaration of Wen Yi Zhang)(Lo, Michael) |
|
Filing 12
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 5/18/2018. (vdr)
|
| Filing 11 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant ADV Biolabs, Inc., Ying Ying Li, Ke Qing Song, Cheng Sun, Wei Wang, Ning Yang. (iv) |
| Filing 9 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons, #7 filed by Plaintiffs Beijing Abace Biotechnology Co., Ltd., Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 8 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Lo, Michael) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alka Sagar. (esa) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Beijing Abace Biotechnology Co., LTD, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Movants Beijing Abace Biotechnology Co., LTD, Creative Biolabs, Inc., Creative Biomart, Inc., Creative Dynamics, Inc.. (Lo, Michael) |
| Filing 1 COMPLAINT Receipt No: 0973-21664922 - Fee: $400, filed by Plaintiffs Creative Biomart, Inc., Creative Dynamics, Inc., Beijing Abace Biotechnology Co., LTD, Creative Biolabs, Inc.. (Attorney Michael Yin-Yam Lo added to party Beijing Abace Biotechnology Co., LTD(pty:bkmov), Attorney Michael Yin-Yam Lo added to party Creative Biolabs, Inc.(pty:bkmov), Attorney Michael Yin-Yam Lo added to party Creative Biomart, Inc.(pty:bkmov), Attorney Michael Yin-Yam Lo added to party Creative Dynamics, Inc.(pty:bkmov))(Lo, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
