Xi'an Television Copyright Exchange Center Co., ltd. v. Dong
| Xi'an Television Copyright Exchange Center Co., ltd. |
| Xiaodi Dong |
| 2:2020cv08412 |
| September 14, 2020 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| R Gary Klausner |
| Other Statutory Actions |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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Filing 28
(IN CHAMBERS) Order Re: Motion to Confirm Foreign Arbitration Award [DE #11 ] by Judge R. Gary Klausner: The Court DENIES Petitioner's Motion for Confirmation of a Foreign Arbitration Award. This case is therefore dismissed. (MD JS-6. Case Terminated.) (jp)
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Filing 27
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Petitioner's Motion to Confirm Foreign Arbitration Award, calendared for hearing on March 29, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 26 SUPPLEMENT to Second NOTICE OF MOTION AND MOTION to CORRECT Declaration, #3 , MISC - Other Miscellaneous Case, #1 Corrected Notice of Motion and Motion to Confirm Arbitration Award #11 Respondent Supplemental Brief in Support of Opposition to Motion to Confirm the Foreign Arbitration Award filed by Respondent Xiaodi Dong. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Phou, Waverly) |
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Filing 25
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Supplement #24 , for the following reasons: Document contains single-spaced text. LR 11-3.6. Counsel may properly refile the document by 4:00 pm on March 17, 2021. (jp)
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| Filing 24 [DOCUMENT STRICKEN PER ORDER DATED ON 3/17/201, SEE DOCKET ENTRY NO. #25 ] - SUPPLEMENT to Second NOTICE OF MOTION AND MOTION to CORRECT Declaration, #3 , MISC - Other Miscellaneous Case, #1 Corrected Notice of Motion and Motion to Confirm Arbitration Award #11 Resppondent's Supplemental Brief In Support of Opposition to Motion to Confirm the Foreign Arbitration Award filed by Respondent Xiaodi Dong. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Phou, Waverly). Modified on 3/17/2021 (jp). |
| Filing 23 Respondent's Objection to Tampered Evidence Submitted in Petitioner's Motion to Confirm the Foreign Arbitration Award In Opposition re: Second NOTICE OF MOTION AND MOTION to CORRECT Declaration, #3 , MISC - Other Miscellaneous Case, #1 Corrected Notice of Motion and Motion to Confirm Arbitration Award #11 filed by Respondent Xiaodi Dong. (Attachments: #1 Declaration Declaration of Waverly Phou, #2 Exhibit Exhibit 1)(Phou, Waverly) |
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Filing 22
MINUTES (IN CHAMBERS) Order Re: Supplemental Briefing, Continuance, and Deposition of Respondent by Judge R. Gary Klausner. Currently before the Court is Xi'an Television Copyright Exchange Center's ("Petitioner") Motion to Confirm a Foreign Arbitration Award. The Court believes further development of the record would be beneficial before ruling on the Motion. Petitioner may therefore submit one additional supplemental brief, not to exceed 10 pages, by March 8, 2021. Respondent may submit an additional supplemental brief, not to exceed 10 pages, by March 16, 2021. The current hearing for the Motion is continued from February 22, 2021 to March 29, 2021. See minute order for further information. (lom)
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| Filing 21 Defendant's Objection to Plaintiff's Request to Cross-Exam via Remote Deposition In Opposition re: REQUEST for Order for Cross-Examination of Declarant/Respondent Xiaodi Dong by Remote Deposition Pursuant to L.R. 7-8 #19 filed by Respondent Xiaodi Dong. (Attachments: #1 Declaration of Xiaodi Dong In Support of Defendant's Objection to Plaintiff's Request to Cross-Examine Declarant Via Remote Deposition)(Phou, Waverly) |
| Filing 20 REPLY to Opposition (DKT. 16) to Petitioner's Motion to Confirm filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. (Attachments: #1 Declaration of Yilin Wang, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Yongyuan Li, #5 Declaration of Edward C. Chen)(Chen, Edward) |
| Filing 19 REQUEST for Order for Cross-Examination of Declarant/Respondent Xiaodi Dong by Remote Deposition Pursuant to L.R. 7-8 filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. (Attachments: #1 Declaration of Edward C. Chen, #2 Proposed Order) (Chen, Edward) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Edward C Chen counsel for Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. K. Brian Matlock is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Petitioner Xi'an Television Copyright Exch. Ctr. Co., Ltd. (Chen, Edward) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Edward C Chen counsel for Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Adding Edward Chen as counsel of record for Xi'an Television Copyright Exch. Ctr. Co., Ltd for the reason indicated in the G-123 Notice. Filed by Petitioner Xi'an Television Copyright Exch. Ctr. Co., Ltd. (Attorney Edward C Chen added to party Xi'an Television Copyright Exchange Center Co., ltd.(pty:pet))(Chen, Edward) |
| Filing 16 Opposition to Motion to Confirm Foreign Arbitration Award In Opposition re: Second NOTICE OF MOTION AND MOTION to CORRECT Declaration, #3 , MISC - Other Miscellaneous Case, #1 Corrected Notice of Motion and Motion to Confirm Arbitration Award #11 filed by Respondent Xiaodi Dong. (Attachments: #1 Declaration Declaration of Xiaodi Dong, #2 Declaration Declaration of Haobo Lu, #3 Supplement Request for Judicial Notice, #4 Exhibit Request for Judicial Notice Exhibit 1, #5 Exhibit Request for Judicial Notice Exhibit 2, #6 Exhibit Request for Judicial Notice Exhibit 3, #7 Exhibit Request for Judicial Notice Exhibit 4, #8 Exhibit Exhibit 5, #9 Exhibit Exhibit 6)(Phou, Waverly) |
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Filing 15
(IN CHAMBERS) Order Re: Second Motion to Confirm Foreign Arbitration Award [DE #9 , #10 , #11 , #12 , and #13 ] by Judge R. Gary Klausner: The Court construes the two "Requests" as motions to withdraw. But because the Motions did not have proposed orders, see L.R. 7-20, the Court orders Docket Entries 12 and 13 struck. Nevertheless, for judicial economy, the Court also orders Docket Entries 9 and 10 shuck. This leaves Docket Entry 11 now as the operative filing document. Still, Docket Entry 11 contains a noticeable error. On the first page, the Motion indicates that the Motion 's hearing date will be on February 22, 2021, yet on the first line Petitioner states that the hearing date would be on "October 19, 2020 at 8:30 a.m." (Mot. at 1, ECF No. 11). Since this Motion was filed in December, the hearing cannot be held two months earlier in October. Thus, the hearing date for this Motion will instead be the first date listed at the top of the Motion on February 22, 2021. (jp)
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| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Waverly Phou counsel for Respondent Xiaodi Dong. Adding Waverly Phou as counsel of record for Defendant Xiaodi Dong for the reason indicated in the G-123 Notice. Filed by Defendant Waverly Phou. (Attachments: #1 Affidavit Proof of Service for Notice to Appear)(Attorney Waverly Phou added to party Xiaodi Dong(pty:res))(Phou, Waverly) |
| Filing 13 First REQUEST to Withdraw Docket Item 10 Second NOTICE OF MOTION AND MOTION to CORRECT Minutes of In Chambers Order/Directive - no proceeding held, #8 , Second NOTICE OF MOTION AND MOTION to CORRECT Motion to Confirm Foreign Arbitration Award #9 Declaration of Zou, Shaobin #10 Request to Withdraw Docket Item filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Request set for hearing on 2/22/2021 at 08:30 AM before Judge R. Gary Klausner. (Matlock, K) |
| Filing 12 First REQUEST to Withdraw Docket Item 9 Second NOTICE OF MOTION AND MOTION to CORRECT Motion to Confirm Foreign Arbitration Award #9 Request to Withdraw Docket Item filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Request set for hearing on 2/22/2021 at 08:30 AM before Judge R. Gary Klausner. (Matlock, K) |
| Filing 11 Second NOTICE OF MOTION AND MOTION to CORRECT Declaration, #3 , MISC - Other Miscellaneous Case, #1 Corrected Notice of Motion and Motion to Confirm Arbitration Award filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Motion set for hearing on 2/22/2021 at 08:30 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration Declaration of Zou, Shaobin, #2 Exhibit Exhibit A to Declaration Arbitration Award, #3 Exhibit Exhibit B to Declaration Investment Cooperation Agreement, #4 Exhibit Exhibit C to Declaration Suplementary Agreement to Investment Cooperation, #5 Exhibit Exhibit D to Declaration Letter of Guarantee, #6 Exhibit Exhibit E to Declaration Settlement Agreement, #7 Proposed Order Proposed Order for Motion) (Matlock, K) |
| Filing 10 Second NOTICE OF MOTION AND MOTION to CORRECT Minutes of In Chambers Order/Directive - no proceeding held, #8 , Second NOTICE OF MOTION AND MOTION to CORRECT Motion to Confirm Foreign Arbitration Award #9 Declaration of Zou, Shaobin filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Motion set for hearing on 2/22/2021 at 08:30 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum Investment Cooperation Agreement, #2 Memorandum Letter of Guarantee, #3 Memorandum Settlement Agreement, #4 Memorandum Arbitration Award, #5 Memorandum Supplementary Agreement to Investment Cooperation) (Matlock, K) |
| Filing 9 Second NOTICE OF MOTION AND MOTION to CORRECT Motion to Confirm Foreign Arbitration Award filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. Motion set for hearing on 2/22/2021 at 08:30 AM before Judge R. Gary Klausner. (Matlock, K) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: Order Re: Motion to Confirm Foreign Arbitration Award #1 (SEE DOCUMENT FOR COURT'S SPECIFICS RE FILERS ERRORS AND OR DEFICIENCIES ). Petitioner is ordered to refile the corrected "Motion" within 10 calendar days of this Order's issuance. Petitioner must also serve Respondent with the corrected documents within 30 calendar daysof this Order's issuance. (lc)
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| Filing 7 PROOF OF SERVICE filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd., re MISC - Other Miscellaneous Case, #1 Complaint and Summons served on 11/11/2020. (Matlock, K) |
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Filing 6
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge R. Gary Klausner. (jre)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Jacqueline Chooljian. (jtil) |
| Filing 3 DECLARATION of Zou, Shaobin re MISC - Other Miscellaneous Case, #1 In Support Of Petitioner's Memorandum Of Points And Authorities filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Matlock, K) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Xi'an Television Copyright Exchange Center Co., ltd.. (Matlock, K) |
| Filing 1 NOTICE AND MOTION TO CONFIRM FOREIGN ARBITRATION AWARD Receipt No: ACACDC-28074284 - Fee: $47, filed by Plaintiff Xi'an Television Copyright Exchange Center Co., ltd.. (Attachments: #1 Proposed Order Proposed Order) (Attorney K Brian Matlock added to party Xi'an Television Copyright Exchange Center Co., ltd.(pty:pet))(Matlock, K) |
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| Respondent: Xiaodi Dong | |
| Represented By: | Waverly Phou |
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| Petitioner: Xi'an Television Copyright Exchange Center Co., ltd. | |
| Represented By: | K Brian Matlock |
| Represented By: | Edward C Chen |
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