CSPC Dophen Corporation v. Hu

Plaintiff: CSPC Dophen Corporation
Defendant: Zhixiang Hu
Case Number: 2:2017cv01895
Filed: September 11, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Deborah Barnes
Presiding Judge: Morrison C. England
Nature of Suit: Other Contract
Cause of Action: 18:1836
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 4, 2019 Opinion or Order Filing 205 ORDER signed by Magistrate Judge Deborah Barnes on 06/03/19 DENYING 195 , 196 Motions to Compel without prejudice to renewal; DENYING 199 , 201 Requests to Seal without prejudice to renewal; the 06/07/19 motion hearing date is VACATED. (Benson, A.)
May 13, 2019 Opinion or Order Filing 193 ORDER signed by Magistrate Judge Deborah Barnes on 5/13/2019 CONTINUING 185 Motion to Compel Hearing to 6/21/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes and ORDERING that, within 14 days from the date of this orde r, defendant shall show good cause in writing for defendant's conduct. On or before 6/7/2019, defendant shall file an opposition or statement of non-opposition to plaintiff's motion. Defendant is cautioned that the failure to timely comply with this order may result in an order imposing an appropriate sanction. (Huang, H)
April 17, 2019 Opinion or Order Filing 184 ORDER signed by District Judge Morrison C. England, Jr on 4/16/19 DENYING Defendant's Motions for Reconsideration (ECF Nos. 133 138 . (Becknal, R)
March 20, 2019 Opinion or Order Filing 179 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/20/2019 CONTINUING the 149 , 152 , 154 Motions to Quash and 155 Motion to Enforce Subpoena Hearings to 5/17/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. 157 , 158 , 159 Motions to Quash are WITHDRAWN and taken off calendar. (Huang, H)
March 15, 2019 Opinion or Order Filing 175 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 3/14/2019 ORDERING the deadline for Plaintiff to file an Amended Complaint is specified in the supplemental scheduling order to be agreed upon by the parties.(Washington, S)
March 6, 2019 Opinion or Order Filing 173 ORDER signed by Magistrate Judge Deborah Barnes on 3/6/19 GRANTING 172 Counsel Jack Duran, Jr.'s request to substitute in as counsel of record for defendant Zhixiang Hu. This matter is REFERRED back to the assigned District Judge in this c ase. The 3/22/19 hearing of defendant's motion for leave to file a second amended counterclaim is VACATED and shall be re-noticed before the assigned District Judge. Henceforth the caption on documents filed in this action shall be No. 2:17-cv-1895 MCE DB with the PS designation being eliminated. (Kastilahn, A)
February 26, 2019 Opinion or Order Filing 171 ORDER signed by Magistrate Judge Deborah Barnes on 2/26/2019 ORDERING plaintiff's 147 motion for leave to file a second amended complaint DENIED as having been rendered moot. Plaintiff's 150 motion for leave to file a third amended comp laint is GRANTED. Within fourteen days plaintiff shall file a copy of the third amended complaint which will serve as plaintiff's operative pleading. The hearing of the 149 , 152 , 154 , 155 , 156 , 157 , 158 , 159 motions set for 3/1/ 2019, and 3/8/2019 are CONTINUED to 3/22/2019. On or before 3/8/2019, any counsel substituting in on behalf of defendant Hu shall file a Consent Order Granting Substitution of Attorney form along with a short declaration addressing any need for additional time. (Zignago, K.)
December 18, 2018 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Deborah Barnes on 12/18/18 GRANTING Yingui Li's 117 motion to quash and Conjupro Biotherapeutics, Inc.'s 118 motion to quash. The 12/21/18 hearing of those motions is VACATED. (Kastilahn, A)
December 6, 2018 Opinion or Order Filing 134 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/6/2018 ORDERING plaintiff shall disclose experts no later than 2/8/2019. Defendant shall disclose experts no later 2/22/2019. Rebuttal experts shall be disclosed no later than 3/8 /2019. Discovery shall be completed by 4/5/2019. All pretrial motions, except motions to compel discovery, shall be completed by 5/24/2019. The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving a ruling on the last pending dispositive motion. (Zignago, K.)
December 4, 2018 Opinion or Order Filing 131 ORDER signed by Magistrate Judge Deborah Barnes on 12/3/2018 DENYING 113 Motion for Sanctions without prejudice to renewal and VACATING the 12/7/2018 hearing. 116 Motion for Reconsideration is DENIED and the 12/14/2018 hearing is VACATED. (Huang, H)
December 3, 2018 Opinion or Order Filing 130 ORDER signed by District Judge Morrison C. England, Jr. on 11/30/2018 108 IT IS HEREBY ORDERED that non-party Song (Jasmine) Xiong's 108 motion to quash is DENIED with prejudice to renewal. (Reader, L)
November 27, 2018 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2018 DENYING 84 Motion to Disqualify, GRANTING 70 Partial Motion to Dismiss, GRANTING 95 Motion to Dismiss, and GRANTING 96 Motion to Dismiss. The amended counterclaims of defamation, conversion, fraud and intentional misrepresentation, negligent misrepresentation, declaratory relief, and money had and received are DISMISSED against plaintiff CSPC Dophen; The amended counterclaims' prayer for punitive damage s with respect to the counterclaims of breach of contract, failure to pay wages and other benefits, and violation of California Business & Professions Code Section 17200, is STRICKEN as to plaintiff CSPC Dophen; Defendant is GRANTED leave to file a 2nd amended counterclaim and to effect proper service within 28 days of the date of this order. However, defendant is not required to file a second amended counterclaim, or attempt to effect proper service, and may stand on the remaining claims of th e amended counterclaim-breach of contract, failure to pay wages and other benefits, breach of fiduciary duty, and violation of California Business & Professions Code Section 17200-asserted against plaintiff CSPC Dophen. In the event that defendant does not file a timely 2nd amended counterclaim, the court will construe defendant's election as consent to the dismissal of all other counter-defendants and all other claims without prejudice. (York, M)
November 14, 2018 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Deborah Barnes on 11/13/2018 GRANTING IN PART and DENYING IN PART 107 Motion to Enforce Judgment. Within 21 days of the date of this order defendant shall make a further supplemental response to plaintiff's discovery requests. The 11/16/2018 hearing of plaintiff's motion is VACATED. (Huang, H)
October 4, 2018 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Deborah Barnes on 10/3/2018 GRANTING 103 motion for leave to file a sur-reply. The sur-reply filed on 9/16/2018 (ECF No. 103-1) shall be considered; and The 10/12/2018 hearing of defendant's motion is VACATED. (York, M)
August 6, 2018 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Deborah Barnes on 8/3/18. ORDERING that Plaintiff's 6/25/18 request for access (ECF No. 80 ) is GRANTED; Plaintiff shall contact the undersigned's Courtroom Deputy at 916-930-4128 to arrange retrieval of the evidence in the Court's possession; Prior to review of that evidence plaintiff shall hire a vendor to remove or segregate any attorney-client privileged information found in the evidence; and the information found in that evidence shall be governed by the stipulated protective order previously entered in this action (ECF No. 44 ). (Becknal, R)
June 26, 2018 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Deborah Barnes on 6/25/2018 ORDERING that Plaintiff's 70 Motion to Dismiss is SUBMITTED without oral argument. Plaintiff's 73 motion to compel is GRANTED. Within 21 days of the date of this order, defen dant shall identify the password or login information for the following email accounts: admin@dophenbiomed.com; info@dophenbiomed.com; careers@dophenbiomed.com; ashley@dophenbiomed.com; lfeng@dophenbiomed.com; lallen@dop henbiomed.com; lisha@dophenbiomed.com; rubin@dophenbiomed.com; yuxishan@dophenbiomed.com; grants@dophenbiomed.com; dophenbiomed@gmail.com; and sean@dophenbiomed.com. Plaintiff shall hire a vendor to remove or segregate legitimate attorney-client privileged communications in these email accounts, based on defendant's identification of the email addresses of his former attorneys, before production to the plaintiff. The production and information found in these accounts shall be governed by the stipulated protective order entered in this action. The 6/29/2018 hearing of plaintiff's motion to dismiss and motion to compel is VACATED. (Zignago, K.)
June 19, 2018 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Deborah Barnes on 6/18/2018 GRANTING 52 Motion to Compel; Defendant shall provide complete and non-evasive responses within 14 days. Plaintiff's request for attorneys' fees and costs is DENIED without prejudice. (Fabillaran, J)
June 18, 2018 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Deborah Barnes on 6/18/2018 ORDERING Plaintiff shall disclose experts no later than 11/23/2018; Defendant shall disclose experts no later 12/7/2018; Rebuttal experts shall be disclosed no later than 12/21/2018; Discov ery shall be completed by 1/18/2019; all pretrial motions, except motions to compel discovery, shall be completed by 3/8/2019; the parties shall file a Joint Notice of Trial Readiness not later than 30 days after receiving a ruling on the last pending dispositive motion. (Reader, L)
May 29, 2018 Opinion or Order Filing 68 ORDER signed by District Judge Morrison C. England, Jr on 5/29/2018 GRANTING 51 Motion to Withdraw as Attorney. GRANTING 59 Request. Defendant's counsel is ordered to lodge with the Court a complete copy of any backup disc or other portable storage device containing information or evidence relevant to this action not later than 10 days after electronic filing of this Order. Plaintiff is ordered to file a status report with the Court not later than 10 days following issuance of a ruling on its pending Motion to Dismiss before Magistrate Judge Barnes. DENYING as MOOT 16 Motion for Disqualification of Counsel without prejudice to refiling before the assigned Magistrate Judge. DENYING as MOOT 53 Motion to Dismiss and/or Strike without prejudice to refiling before the assigned Magistrate Judge. (Washington, S)
May 15, 2018 Opinion or Order Filing 63 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/15/18 the deadline by which Defendant Sean Hu shall file an opposition to Plaintiff's Motion to Dismiss and Motion to Strike First Amended Counterclaims is EXTENDED to not later than 5/24/18. Plaintiff CSPC Dophen Corporation shall file a reply to Defendant's Opposition not later than 5/31/18. (Becknal, R)
January 12, 2018 Opinion or Order Filing 46 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 01/11/18 ORDERING this case STAYED and REFERRED to VDRP; the 41 Motion to Dismiss and the 45 Motion to Compel are DENIED as moot. The parties are to file a Joint Status Report regarding the status and progress of VDRP every 30 days until completion of VDRP, and a final Joint Status Report not later than 10 days after the completion of VDRP (cc: VDRP). (Benson, A.)
January 5, 2018 Opinion or Order Filing 44 STIPULATED PROTECTIVE ORDER regarding the disclosure and use of discovery materials signed by District Judge Morrison C. England, Jr., on 1/3/18. (Kastilahn, A)
November 28, 2017 Opinion or Order Filing 37 ORDER signed by District Judge Morrison C. England, Jr on 11/27/2017 GRANTING 34 Motion for Leave to File Surreply. Plaintiff shall file the surreply attached as Exhibit A to the Motion as a separate entry on the docket in this proceeding, and shall caption it as Plaintiffs Surreply. (Hunt, G)
November 13, 2017 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Deborah Barnes on 11/9/17 ORDERING that Plaintiff's 10/6/17 MOTION for expedited discovery 13 is GRANTED in part; Within ten days of the 11/9/17 hearing defendant shall respond to Plaintiff's Interrogat ory No. 4, as modified: "Identify the password or login information for any CSPC Dophen email accounts in your possession."; and Plaintiff's 10/6/17 MOTION for expedited discovery 13 is DENIED in all other respects. (Mena-Sanchez, L)

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Plaintiff: CSPC Dophen Corporation
Represented By: Yue Li
Represented By: Christian Jason Smith
Represented By: Bryan J. Wilson
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Defendant: Zhixiang Hu
Represented By: Andrea Maurine Close
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