CSPC Dophen Corporation v. Hu
| CSPC Dophen Corporation |
| Zhixiang Hu |
| 2:2017cv01895 |
| September 11, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| Morrison C. England |
| Other Contract |
| 18 U.S.C. ยง 1836 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
358
ORDER signed by District Judge Dale A. Drozd on 3/21/2024. Defendant Dr. Hu's Motion for partial reconsideration 357 of the final pretrial order 352 and the court's 3/11/2024 order 356 is GRANTED; and Upon reconsideration, defendant Dr. Hu's renewed request that the court modify the pretrial order with respect to relief sought is DENIED. (Mena-Sanchez, L)
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Filing
356
ORDER signed by District Judge Dale A. Drozd on 3/9/24 GRANTING IN PART AND DENYING IN PART Defendant Dr. Hu's 353 Motion to Amend the Judgment (see order for details). The 3/19/24 hearing on plaintiff's motion to modify the final pretrial order is VACATED. (Kastilahn, A)
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Filing
347
TENTATIVE PRETRIAL ORDER signed by District Judge Dale A. Drozd on 1/11/1024 ORDERING that Jury Trial is SCHEDULED for 9/9/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd.(Mena-Sanchez, L)
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Filing
322
ORDER signed by District Judge Dale A. Drozd on 3/10/23 ORDERING that Plaintiff's 315 request for reconsideration of the magistrate judge's 7/20/22 order is DENIED; Defendant's 316 request for reconsideration of the magistrate jud ge's 7/20/22 order is also DENIED; Defendant's 299 motion for further leave to amend his counterclaims is DENIED; Defendant's 300 motion for sanctions is DENIED; Plaintiff's 308 motion for summary judgment is STRICKEN as unt imely filed; Plaintiff's 307 request to seal is DENIED as having been rendered moot by this order; within 14 days of the date of this order, the parties shall file a joint notice of trial readiness in compliance with the court's scheduling order; and the Clerk is directed to update the docket to reflect that Document No. 308 has been stricken pursuant to this order. (Kastilahn, A)
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Filing
313
ORDER signed by Magistrate Judge Deborah Barnes on 7/20/2022 DENYING 299 Motion to Amend the Complaint; DENYING 300 Motion for Sanctions; DENYING 307 Request to Seal and STRIKING 308 Motion for Summary Judgment as untimely. The 7/22/202 2 hearing of Plaintiff's Motion for Summary Judgment is vacated; and within fourteen days of the date of this order the parties shall file a Joint Notice of Trial Readiness in compliance with the Court's scheduling order. (Mena-Sanchez, L)
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Filing
291
ORDER signed by Senior Judge Morrison C. England, Jr on 9/30/2021 ADOPTING 289 The Findings and Recommendations in full; GRANTING 281 Counter-Defendants Motion to Dismiss without leave to amend. Counter-defendants Yingui Li, Jumin Sun, Jinxu Wang, and Dongchen Cai are DISMISSED from this action.(Mena-Sanchez, L)
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Filing
289
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/28/21 RECOMMENDING that counter-defendants' motion to dismiss 281 be granted. Counter-defendants Yingui LI, Jinxu Wang, Jumi Sun and Dongchen Cai be dismissed from this action and defendant not be granted further leave to amend. Motion to Dismiss 281 referred to Judge Morrison C. England Jr. Objections due within 30 days.(Plummer, M)
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Filing
274
ORDER signed by Magistrate Judge Deborah Barnes on 10/28/20 GRANTING 266 Motion for Extension of Time. Defendant shall have fourteen days from the date of this order to serve process on the counter defendants' United States based counsel/plaintiff's counsel pursuant to Fed. R. Civ. P. 4(f)(3). (Kaminski, H)
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Filing
273
ORDER signed by Senior Judge Morrison C. England, Jr on 10/16/20 ADOPTING 261 Findings and Recommendations, GRANTING 227 Motion to Dismiss and GRANTING 236 Motion to Dismiss. CSPC Limited is DISMISSED from this action. Defendant is not granted further leave to amend. (Kaminski, H)
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Filing
261
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/20/20 GRANTING 218 Motion for alternative service of process and 223 Motion for Extension of time. Within twenty-eight days of the date of this order defendant shall serve process on the counter defendants' United States based counsel/plaintiff's counsel. RECOMMENDING that 227 Motion to Dismiss be granted. 236 Motion to Dismiss be granted and CSPC Limited be dismissed from this action. Defendant not be granted further leave to amend. F&R referred to District Judge Morrison C. England, Jr. Objections to F&R due within thirty days. (Kaminski, H)
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Filing
260
ORDER signed by Magistrate Judge Deborah Barnes on 3/9/2020 TAKING UNDER SUBMISSION 236 CSPC Pharmaceutical Group Limited's motion to dismiss the second amended counterclaims and the 3/13/2020 hearing is VACATED. Plaintiff CSPC Dophen Cor poration's 237 , 238 , 247 motions to compel are DENIED without prejudice to renewal and the 3/13/2020 hearing is VACATED. Defendant Sean Hu's 242 motion to enforce subpoenas and 243 motion to compel are DENIED without prejudice to renewal and the 3/13/2020 hearing is VACATED. Plaintiff CSPC Dophen Corporation's 251 , 253 requests to seal are DENIED without prejudice to renewal. (Kastilahn, A)
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Filing
246
ORDER signed by Senior Judge Morrison C. England, Jr. on 2/19/2020 ADOPTING in FULL 217 Findings and Recommendations, and DENYING 197 Motion to Dismiss. (Reader, L)
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Filing
217
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/12/2019 GRANTING 210 Motion to Reopen Discovery, GRANTING 180 Motion to Amend, and DENYING 156 Motion for Extension of Time as having been rendered moot . Defendant is GRANTED 28 days to file a second amended counterclaim. Defendant's Experts shall be disclosed by 11/22/2019. Rebuttal Experts shall be disclosed by 12/6/2019. Discovery shall be completed by 3/13/2020. All Pretrial Motions, exce pt Motions to Compel Discovery, shall be completed by 5/1/2020. 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. It is RECOMMENDED that 197 Motion to Dismiss be denied. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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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.)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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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| Search for this case: CSPC Dophen Corporation v. Hu | |
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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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