Pilot, Inc. v. TYC Brother Industrial Company, Ltd et al
Pilot, Inc. |
TYC Brother Industrial Company, LTD, Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen and TYC Brother Industrial Co., Ltd. |
David Tang |
2:2020cv02978 |
March 30, 2020 |
US District Court for the Central District of California |
Rozella A Oliver |
Otis D Wright |
Contract: Other |
Plaintiff |
Docket Report
This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
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Filing 51 ORDER DENYING DEFENDANTS' MOTION FOR SANCTIONS #47 by Judge Otis D. Wright, II (lc) |
Filing 50 The hearing on the MOTION for Sanctions #47 , scheduled for August 10, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
Filing 49 REPLY in support of NOTICE OF MOTION AND MOTION for Sanctions Against Plaintiff Pilot, Inc. and its Counsel #47 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Wallen, Derek) |
Filing 48 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions Against Plaintiff Pilot, Inc. and its Counsel #47 filed by Plaintiff Pilot, Inc.. (Attachments: #1 Declaration of Ryan Alexander)(Arnold, Brian) |
Filing 47 NOTICE OF MOTION AND MOTION for Sanctions Against Plaintiff Pilot, Inc. and its Counsel filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Motion set for hearing on 8/10/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jackson Kwok, #3 Declaration of David Tang, #4 Declaration of Anthony Capobianco, #5 Declaration of Chris Holland, #6 Proposed Order) (Wallen, Derek) |
Filing 46 ORDER GRANTING MOTION TO COMPEL ARBITRATION #36 AND DENYING MOTION FOR PRELIMINARY INJUNCTION #26 . THE COURT DISMISSES THIS ACTION WITHOUT PREJUDICE by Judge Otis D. Wright, II. (Made JS-6. Case Terminated.) (lc). Modified on 7/8/2020 (lc). |
Filing 45 MINUTES OF Motion Hearing held before Judge Otis D. Wright, II: RE MOTION FOR PRELIMINARY INJUNCTION AND; MOTION TO COMPEL ARBITRATION #36 . The Court having carefully considered the papers, and having heard oral argument of counsel, the Preliminary Injunction #26 is DENIED. The court orders theparties to arbitration. The Motion to compel #36 is submitted. A final ruling will issue. Court Reporter: Katie Thibodeaux. (lc) |
Filing 44 COUNSEL ARE NOTIFIED, the Motions set for June 22, 2020, will be heard at 2:30 p.m. Call-in instructions will be emailed to counsel.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
Filing 43 ORDER DENYING DEFENDANTS REQUEST FOR CROSS EXAMINATION OF CALVIN WANG AND JASON SIMS #42 by Judge Otis D. Wright, II (lc) |
Filing 42 NOTICE Request to Cross-Examine Declarants Pursuant to L.R. 7-8 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attachments: #1 Proposed Order)(Wallen, Derek) Modified on 6/16/2020 (lc). |
Filing 41 REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #36 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Wallen, Derek) |
Filing 40 REPLY in Support of Motion for Preliminary Injunction. Motion #26 filed by Plaintiff Pilot, Inc.. (Arnold, Brian) |
Filing 39 OPPOSITION to for Preliminary Injunction. Motion #26 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attachments: #1 Declaration of Jackson Kwok, #2 Declaration of Beatriz Atkinson, #3 Declaration of Andrea Lira, #4 Declaration of Nguyet Nguyen, #5 Declaration of David Tang, #6 Declaration of Vince Wu, #7 Evidentiary Objections to Declaration of Calvin Wang, #8 Evidentiary Objections to Declaration of James Sims)(Wallen, Derek) |
Filing 38 OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #36 filed by Plaintiff Pilot, Inc.. (Attachments: #1 Declaration of B. Arnold)(Arnold, Brian) |
Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Pei Hsien Ren counsel for Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Adding Pei Hsien Ren as counsel of record for TYC Brother Industrial Co., Ltd.; Genera Corporation; David Tang; Nguyett Nguyen; Beatriz Atkinson; Andrea Lira for the reason indicated in the G-123 Notice. Filed by Defendant Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attorney Pei Hsien Ren added to party Beatriz Atkinson(pty:dft), Attorney Pei Hsien Ren added to party Genera Corporation(pty:dft), Attorney Pei Hsien Ren added to party Andrea Lira(pty:dft), Attorney Pei Hsien Ren added to party Nguyett Nguyen(pty:dft), Attorney Pei Hsien Ren added to party TYC Brother Industrial Co., Ltd.(pty:dft), Attorney Pei Hsien Ren added to party David Tang(pty:dft))(Ren, Pei) |
Filing 36 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Motion set for hearing on 6/22/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jackson Kwok, #3 Declaration of Anthony Capobianco, #4 Request for Judicial Notice, #5 Proposed Order) (Wallen, Derek) |
Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Yae Seung Shin counsel for Plaintiff Pilot, Inc.. Adding Yae Seung (Esther) Shin as counsel of record for Pilot Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Pilot Inc.. (Attorney Yae Seung Shin added to party Pilot, Inc.(pty:pla))(Shin, Yae) |
Filing 34 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On May 8, 2020, Plaintiff filed a Motion for Preliminary Injunction with a noticed the hearing date of June 8, 2020 #26 . On May 11, Defendants applied ex parte to continue the hearing date on Plaintiffs Motion for two months, from June 8, to August 3, 2020 #29 ... and also contends Plaintiffs claims, including injunctive relief, are subject to arbitration, and that Defendants will file a motion to compel arbitration on May 18, 2020. Defendants application is Granted In Part and Denied In Part.The Court sets the following briefing schedule which governs Plaintiffs Motion for Preliminary Injunction and Defendants promised motion to compel arbitration, both of which will be heard telephonically on June 22, 2020, at 1:30 p.m. RE:Plaintiffs Motion for Preliminary Injunction Defendants opposition shall be filed by May 29, 2020:Plaintiffs reply, if any, shall be filed by June 5, 2020. RE: Defendants Motion to Compel Arbitration shall be filed by May 18, 2020;Plaintiffs opposition shall be filed by May 29, 2020;Defendants reply, if any, shall be filed by June 5, 2020. (lc) |
Filing 33 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply (Motion related), #31 , Surreply Motion Related Document, #32 , for the following reasons: No party may file a reply to an ex parte application unless expressly authorized by the Court. (lc) |
Filing 32 (STRICKEN PER 5/13/2020 ORDER, DOCKET NO. 33). SURREPLY re EX PARTE APPLICATION to Continue Hearing Date on Plaintiff's Motion for a Preliminary Injunction from June 8, 2020 to August 3, 2020 Re: for Preliminary Injunction. Motion #26 #29 filed by Plaintiff Pilot, Inc.. (Arnold, Brian) Modified on 5/13/2020 (lc). |
Filing 31 (STRICKEN PER 5/13/2020 ORDER, DOCKET NO. 33).REPLY In Support of Ex Parte Application EX PARTE APPLICATION to Continue Hearing Date on Plaintiff's Motion for a Preliminary Injunction from June 8, 2020 to August 3, 2020 Re: for Preliminary Injunction. Motion #26 #29 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attachments: #1 Proposed Order)(Wallen, Derek) Modified on 5/13/2020 (lc). |
Filing 30 OPPOSITION re: EX PARTE APPLICATION to Continue Hearing Date on Plaintiff's Motion for a Preliminary Injunction from June 8, 2020 to August 3, 2020 Re: for Preliminary Injunction. Motion #26 #29 filed by Plaintiff Pilot, Inc.. (Attachments: #1 Declaration of B. Arnold)(Arnold, Brian) |
Filing 29 EX PARTE APPLICATION to Continue Hearing Date on Plaintiff's Motion for a Preliminary Injunction from June 8, 2020 to August 3, 2020 Re: for Preliminary Injunction. Motion #26 filed by Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attachments: #1 Declaration of Derek Wallen, #2 Proposed Order) (Wallen, Derek) |
Filing 28 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS MOTION FOR PRELIMINARY INJUNCTION RE: Notice (Other) #26 by Judge Otis D. Wright, II. The document is accepted as filed.The motion is set for June 8, 2020 at 1:30 p.m. (lc) |
Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #26 by Plaintiff. The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: MOTION: Preliminary Injunction. Due to incorrect event NO Motion NOR hearing set on Judge's Motion calendar 6/8/20 1:30 PM. The cited correct event will prompt filer for date, time and Judge Selection. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
Filing 26 NOTICE OF MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff Pilot, Inc.. (Attachments: #1 Memorandum of Points and Authorities ISO Motion for Preliminary Injunction, #2 Declaration of Calvin Wang, #3 Declaration of Jason Sims, #4 Compendium of Evidence ISO Motion for Preliminary Injunction, #5 Proposed Order)(Arnold, Brian) Modified on 5/11/2020 (lc). |
Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Sudhir L Burgaard counsel for Plaintiff Pilot, Inc.. Adding Sudhir L. Burgaard as counsel of record for Plaintiff Pilot, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff Pilot, Inc.. (Attorney Sudhir L Burgaard added to party Pilot, Inc.(pty:pla))(Burgaard, Sudhir) |
Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Clark Alexander Waldon counsel for Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Adding Clark Waldon as counsel of record for Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang for the reason indicated in the G-123 Notice. Filed by Defendant Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attorney Clark Alexander Waldon added to party Beatriz Atkinson(pty:dft), Attorney Clark Alexander Waldon added to party Genera Corporation(pty:dft), Attorney Clark Alexander Waldon added to party Andrea Lira(pty:dft), Attorney Clark Alexander Waldon added to party Nguyett Nguyen(pty:dft), Attorney Clark Alexander Waldon added to party TYC Brother Industrial Co., Ltd.(pty:dft), Attorney Clark Alexander Waldon added to party David Tang(pty:dft))(Waldon, Clark) |
Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher T Holland counsel for Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Adding Chris Holland as counsel of record for Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang for the reason indicated in the G-123 Notice. Filed by Defendant Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (Attorney Christopher T Holland added to party Beatriz Atkinson(pty:dft), Attorney Christopher T Holland added to party Genera Corporation(pty:dft), Attorney Christopher T Holland added to party Andrea Lira(pty:dft), Attorney Christopher T Holland added to party Nguyett Nguyen(pty:dft), Attorney Christopher T Holland added to party TYC Brother Industrial Co., Ltd.(pty:dft), Attorney Christopher T Holland added to party David Tang(pty:dft))(Holland, Christopher) |
Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony Capobianco counsel for Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Adding Anthony Capobianco as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants TYC Brother Industrial Co., Ltd., Genera Corporation, David Tang, Nguyett Nguyen, Andrea Lira, Beatriz Atkinson. (Attorney Anthony Capobianco added to party Beatriz Atkinson(pty:dft), Attorney Anthony Capobianco added to party Genera Corporation(pty:dft), Attorney Anthony Capobianco added to party Andrea Lira(pty:dft), Attorney Anthony Capobianco added to party Nguyett Nguyen(pty:dft), Attorney Anthony Capobianco added to party TYC Brother Industrial Co., Ltd.(pty:dft), Attorney Anthony Capobianco added to party David Tang(pty:dft))(Capobianco, Anthony) |
Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Derek Owen Wallen counsel for Defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. Adding Derek Wallen as counsel of record for TYC Brother Industrial Co., Ltd., Genera Corporation, David Tang, Nguyett Nguyen, Andrea Lira, Beatriz Atkinson for the reason indicated in the G-123 Notice. Filed by Defendant TYC Brother Industrial Co., Ltd., Genera Corporation, David Tang, Nguyett Nguyen, Andrea Lira, Beatriz Atkinson. (Attorney Derek Owen Wallen added to party Beatriz Atkinson(pty:dft), Attorney Derek Owen Wallen added to party Genera Corporation(pty:dft), Attorney Derek Owen Wallen added to party Andrea Lira(pty:dft), Attorney Derek Owen Wallen added to party Nguyett Nguyen(pty:dft), Attorney Derek Owen Wallen added to party TYC Brother Industrial Co., Ltd.(pty:dft), Attorney Derek Owen Wallen added to party David Tang(pty:dft))(Wallen, Derek) |
Filing 20 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Plaintiff Pilot, Inc..(Arnold, Brian) |
Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #15 , Service of Summons and Complaint Returned Executed (21 days), #17 , Service of Summons and Complaint Returned Executed (21 days), #16 , Service of Summons and Complaint Returned Executed (21 days), #18 , Service of Summons and Complaint Returned Executed (21 days), #14 . The following error(s) was/were found: Filer selected incorrect Statute as FRCP 5(b)(2)(D). Service of the summons and complaint were NOT MADE on the Clerk of the USDC, but on the defendants according to the pdf document 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. (lc) |
Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pilot, Inc., upon Defendant David Tang served on 4/3/2020, answer due 4/24/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Arnold, Brian) |
Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pilot, Inc., upon Defendant Nguyett Nguyen served on 4/1/2020, answer due 4/22/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Arnold, Brian) |
Filing 16 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pilot, Inc., upon Defendant Beatriz Atkinson served on 4/2/2020, answer due 4/23/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Arnold, Brian) |
Filing 15 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pilot, Inc., upon Defendant Genera Corporation served on 4/2/2020, answer due 4/23/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Arnold, Brian) |
Filing 14 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Pilot, Inc., upon Defendant Andrea Lira served on 4/2/2020, answer due 4/23/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Arnold, Brian) |
Filing 13 ORDER GRANTING APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Plaintiff Pilot, Inc. and designating Brian G. Arnold as local counsel #12 by Judge Otis D. Wright, II (lc) |
Filing 12 APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Plaintiff Pilot, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25935397) filed by Plaintiff Pilot, Inc.. (Attachments: #1 Proposed Order) (Arnold, Brian) |
Filing 11 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) |
Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants Beatriz Atkinson, Genera Corporation, Andrea Lira, Nguyett Nguyen, TYC Brother Industrial Co., Ltd., David Tang. (lc) |
Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Pilot, Inc.. (Arnold, Brian) |
Filing 8 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 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua D Curry. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (esa) |
Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Pilot, Inc.. (Arnold, Brian) |
Filing 3 (LR 7.1 Corporate Disclosure) Certification and Notice of Interested Parties of Interested Parties filed by Plaintiff Pilot, Inc., (Arnold, Brian) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Pilot, Inc.. (Arnold, Brian) |
Filing 1 COMPLAINT Receipt No: ACACDC-25906680 - Fee: $400, filed by Plaintiff Pilot, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Attorney Brian G Arnold added to party Pilot, Inc.(pty:pla))(Arnold, Brian) |
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