Philips North America LLC v. Advanced Imaging Services, Inc. et al
| Philips North America LLC |
| Wang Xiuyuan, Advanced Imaging Services, Inc. Doing business as Advanced Imaging Parts and Sean Wang |
| Advanced Imaging Services, Inc. |
| 2:2021cv00876 |
| May 13, 2021 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Dale A Drozd |
| John A Mendez |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 141
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 10/28/2022 re #140 Motion to Compel. The hearing on the motion now calendared for Wednesday, December 7, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry) (Anderson, J)
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Filing 140
MOTION to COMPEL Inspection of Computer and PROPOSED ORDER by Philips North America LLC. Motion Hearing set for 12/7/2022 at 10:00 AM in Courtroom 26 (AC) AC: before Magistrate Judge Allison Claire. (Attachments: #1 Proposed Order)(Pulido, Christopher) Modified on 10/28/2022 (Licea Chavez, V).
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Filing 139
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/29/2022: On 9/28/2022, the parties filed a #138 joint stipulation to modify the scheduling order. Pursuant to that stipulation and good cause appearing, the court sets the deadlines as follows: Expert disclosures shall be completed by 1/31/2023; Rebuttal expert disclosures shall be completed by 2/28/2023; Discovery shall be completed by 3/31/2023; All dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications shall be filed no later than 5/16/2023 and be noticed for hearing on a date consistent with District Judge Dale A. Drozd's #135 Standing Order and on a date no more than 60 days after the filing of the motion. In addition, the final pretrial conference currently set for 5/16/2023 is hereby RESET to 11/7/2023 at 01:30 PM before District Judge Dale A. Drozd by Zoom and the court sets a Jury Trial set for 1/8/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Buzo, P)
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Filing 138
STIPULATION and PROPOSED ORDER to Amend Scheduling Order by Philips North America LLC. (Pulido, Christopher) Modified on 9/29/2022 (Coll, A).
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Filing 137
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/16/2022: re (136) Minute Order Set/Reset Deadlines and Hearings Final Pretrial Conference RESET for 5/16/2023 at 01:30 PM before District Judge Dale A. Drozd.(Buzo, P) Modified on 9/16/2022 (Buzo, P).
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Filing 136
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/15/2022: In light of the Order of Reassignment, ECF No. #134 , the Final Pretrial Conference set for 5/12/2023 before Chief District Judge Kimberly J. Mueller is VACATED and RESET for 5/17/2023 at 1:30 PM in Courtroom 4 before District Judge Dale A. Drozd. It is FURTHER ORDERED that the 3/6/2023 Jury Trial is VACATED and will be reset as appropriate. (Text Only Entry) (Schultz, C)
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Filing 135
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Perdue, C.)
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Filing 134
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Perdue, C.)
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Filing 133
PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 8/10/22 GRANTING #132 Application for Pro Hac Vice. Added Attorney Hubert J. Zanczak, PHV for Philips North America LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Kastilahn, A)
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Filing 132
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Philips North America LLC for attorney Hubert Janusz Zanczak to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10354696) (Attachments: #1 Certificate of Admission to the Bar of Illinois) (Pulido, Christopher) Modified on 8/1/2022 (Mena-Sanchez, L).
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Filing 131
NOTICE of Withdrawal of Motion to Compel by Advanced Imaging Services, Inc. re #128 Motion to Compel Discovery. (Wiseman, Dylan)
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Filing 130
NOTICE Of Withdrawal of Thomas C. Rickeman as Counsel by Advanced Imaging Services, Inc., Wang Xiuyuan. (Rickeman, Thomas)
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Filing 129
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 07/14/2022: re #128 Motion to Compel. The hearing on the motion now calendared for Wednesday, August 10, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J)
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Filing 128
MOTION to COMPEL Discovery Responses from Plaintiff and Counter-Defendant Philips North America LLC by Advanced Imaging Services, Inc., Wang Xiuyuan. Motion Hearing SET for 8/10/2022 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wiseman, Dylan) Modified on 7/15/2022 (Mena-Sanchez, L).
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Filing 127
ORDER signed by Magistrate Judge Allison Claire on 6/6/22 GRANTING #120 Petition for Attorney's Fees. Plaintiffs are awarded the requested $24,605.00 in attorney's fees. (Kaminski, H)
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Filing 126
ORDER signed by Magistrate Judge Allison Claire on 6/2/22, DENYING #115 Plaintiff's Motion to Compel. (Kastilahn, A)
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Filing 125
ORDER signed by Magistrate Judge Allison Claire on 6/2/22 GRANTING #123 Philips' Request; Portions of the Joint Statement and Pulido's Affidavit be SEALED. (Kastilahn, A)
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Filing 124
JOINT STATEMENT RE INSPECTION OF COMPUTERS AND OTHER DEVICES filed by Plaintiff Philips North America LLC, Counter Defendant Philips North America LLC re #115 Motion to Compel. (Attachments: #1 Affidavit of Christopher Pulido, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Affidavit)(Pulido, Christopher) Modified on 5/26/2022 (Kaminski, H).
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Filing 123
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Philips North America LLC. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 122
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 05/26/2022 re #120 Petition for Attorney's Fees. The hearing on the motion now calendared for Wednesday, June 15, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J)
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Filing 121
OPPOSITION by Counter Claimant Advanced Imaging Services, Inc., Defendants Advanced Imaging Services, Inc., Wang Xiuyuan to #120 Petition. (Attachments: #1 Declaration of Dylan Wiseman)(Wiseman, Dylan)
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Filing 120
PETITION for ATTORNEY'S FEES by Philips North America LLC. (Attachments: #1 Declaration, #2 Exhibit)(Pulido, Christopher)
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Filing 119
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/4/2022 GRANTING #113 Ex Parte Application to Amend Scheduling Order. Designation of Expert Witnesses due by 10/10/2022; Discovery completed by 12/13/2022; Dispositive Motions filed by 1/24/2023; Final Pretrial Conference set for 5/12/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Zignago, K.)
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Filing 118
ORDER signed by Magistrate Judge Allison Claire on 5/3/2022 GRANTING IN PART AND DENYING IN PART #106 Motion to Compel. Defendants are ORDERED to produce all compelled discovery responses within 21 days. The parties are ORDERED to brief the issue of costs and attorney's fees. Plaintiff shall submit the necessary billing statements and affidavits within 14 days. Should defendants object to the amount of requested fees and costs, they may submit an opposition within 7 days of plaintiffs' filing. The court will consider all briefing before issuing a separate order. (Zignago, K.)
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Filing 117
ANSWER by Philips North America LLC.(Pulido, Christopher)
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Filing 116
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 05/02/2022: re #115 Motion to Compel. The hearing on the motions now calendared for Wednesday, June 1, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J)
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Filing 115
MOTION to COMPEL Inspection of Computers by Philips North America LLC. Motion Hearing set for 6/1/2022 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 114
OPPOSITION by Advanced Imaging Services, Inc., Wang Xiuyuan to #113 Ex Parte Application. (Wiseman, Dylan)
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Filing 113
EX PARTE APPLICATION by Philips North America LLC to Amend the Scheduling Order. (Attachments: #1 Declaration, #2 Proposed Order)(Pulido, Christopher) Modified on 4/26/2022 (Coll, A).
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Filing 112
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/18/2022: Pursuant to the senior status of District Judge John A. Mendez, this case is REASSIGNED to Chief District Judge Kimberly J. Mueller for all further proceedings. District Judge John A. Mendez is no longer assigned to case. The case number on all future filed documents shall be: 2:21-cv-0876 KJM AC. (TEXT ONLY ENTRY) (Benson, A.)
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Filing 111
ORDER signed by District Judge John A. Mendez on 4/15/2022 DENYING #96 Motion to Dismiss. (Coll, A)
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Filing 110
ORDER signed by Magistrate Judge Allison Claire on 4/7/2022 GRANTING #108 Request to Seal. (Zignago, K.)
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Filing 109
JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiff Philips North America LLC, Counter Defendant Philips North America LLC re #106 Motion to Compel (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E , #7 Exhibit F, #8 Exhibit G (Redacted), #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Declaration, #19 Proposed Order Amended)(Pulido, Christopher) Modified on 4/13/2022 (Rodriguez, E).
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Filing 108
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Philips North America LLC. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 107
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 03/24/2022 re #106 Motion to Compel. The hearing on the motion now calendared for Wednesday, April 13, 2022 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J)
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Filing 106
MOTION to COMPEL by Philips North America LLC. Motion Hearing set for 4/13/2022 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 105
NOTICE of ERRATA by Advanced Imaging Services, Inc. re #100 Opposition to Motion.. (Rickeman, Thomas)
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Filing 104
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 02/09/2022. GRANTING #103 Application for Pro Hac Vice. Added attorney Christopher R. Brennan, PHV for Philips North America LLC. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Rodriguez, E)
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Filing 103
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Philips North America LLC for attorney Christopher R. Brennan to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10068531) (Attachments: #1 Certificate of Good Standing)(Pulido, Christopher)
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Filing 102
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 2/9/2022: The motion now calendared for 2/15/2022 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
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Filing 101
REPLY by Philips North America LLC re #96 Motion to Dismiss. (Pulido, Christopher)
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Filing 100
OPPOSITION by Advanced Imaging Services, Inc. to #96 Motion to Dismiss. (Rickeman, Thomas)
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Filing 99
NOTICE of APPEARANCE by Joshua Robbins on behalf of Advanced Imaging Services, Inc., Wang Xiuyuan. Attorney Robbins, Joshua added. (Robbins, Joshua)
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Filing 98
NOTICE of APPEARANCE by Thomas C. Rickeman on behalf of Advanced Imaging Services, Inc., Wang Xiuyuan. Attorney Rickeman, Thomas C. added. (Rickeman, Thomas)
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Filing 97
ORDER signed by District Judge John A. Mendez on 12/20/2021 DENYING #5 Motion for Preliminary Injunction. (Huang, H)
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Filing 96
MOTION to DISMISS COUNTERCLAIMS by Philips North America LLC. Motion Hearing set for 2/15/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 94
PRE-TRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 12/02/21 ORDERING that all Dispositive Motions be filed by 09/23/22 and heard 11/15/22 1:30 p.m.; Discovery completed by 08/12/22; joint mid-litigation statements due 14 days prior to close of discovery; Designation of Expert Witnesses due by 06/10/22 with any supplemental/rebuttal expert disclosures due by 06/24/22; Final Pretrial Conference set for 01/20/23 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez with a joint pretrial statement due 7 days prior; Jury Trial set for 03/06/23 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Objections due within 7 days. (Benson, A.)
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Filing 93
JOINT STATUS REPORT by Philips North America LLC. (Pulido, Christopher)
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Filing 92
STIPULATION to EXTEND TIME until 12/20/2021 to Respond to Counterclaim by Philips North America LLC. (Pulido, Christopher)
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Filing 91
ANSWER with Jury Demand, COUNTERCLAIM against Philips North America LLC by Wang Xiuyuan, Advanced Imaging Services, Inc.. by Wang Xiuyuan, Advanced Imaging Services, Inc..(Wiseman, Dylan)
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Filing 90
SUPPLEMENTAL BRIEF Regarding Applicability of Recommendation and Final Rule Regarding Exemptions to Motion for Preliminary Injunction #5 filed by Philips North America LLC. (Attachments: #1 Affidavit of Christopher J. Pulido, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Pulido, Christopher) Modified on 11/16/2021 (Reader, L).
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Filing 89
OPPOSITION by Advanced Imaging Services, Inc., Wang Xiuyuan to #5 Motion for Preliminary Injunction,. (Attachments: #1 Declaration of Dylan Wiseman)(Wiseman, Dylan)
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Filing 88
STIPULATION and ORDER signed by District Judge John A. Mendez on 11/3/21 ORDERING that Defendants shall file supplemental brief re: Recommendation and Ruling in Opposition to the Motion (max 10 pages, exclusive of declarations and exhibits) on 11/5/2021. Responses due by 11/12/2021. (Kaminski, H)
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Filing 87
STIPULATION and PROPOSED ORDER to File Supplemental Briefing by Advanced Imaging Services, Inc., Wang Xiuyuan. (Wiseman, Dylan) Modified on 11/3/2021 (Coll, A).
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Filing 86
ORDER signed by District Judge John A. Mendez on 10/29/2021 GRANTING IN PART AND DENYING IN PART #37 Motion to Dismiss; GRANTING the #37 Motion to Dismiss as to plaintiff's 7th claim with prejudice; DENYING the #37 Motion to Dismiss as to plaintiff's 1st, 2nd, 4th, and 5th claims; and DIRECTING defendants' counsel to send a check payable to the Clerk for the Eastern District of California for $250.00 within 7 days for violating the Court's standing order. (Coll, A)
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Filing 85
DESIGNATION of COUNSEL FOR SERVICE., attorney Ismail C. Kuru terminated (Pulido, Christopher)
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Filing 84
SEALED EVENT (Coll, A)
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Filing 83
ORDER signed by District Judge John A. Mendez on 9/22/2021 GRANTING #81 Request to Seal portions of #79 Reply. (Coll, A)
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Filing 82
AFFIDAVIT re #79 Reply (Notarized Replacement to [79-1]) by Philips North America LLC. (Pulido, Christopher) Modified on 9/22/2021 (Benson, A.).
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Filing 81
REQUEST to SEAL Portions of Reply by Philips North America LLC America LLC. (Pulido, Christopher) Modified on 9/22/2021 (Benson, A.).
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Filing 80
MINUTE ORDER: The motion now calendared for 9/28/2021 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
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Filing 79
REPLY by Philips North America LLC in support of #5 Motion for Preliminary Injunction,. (Attachments: #1 Affidavit of Jacqueline Dickson, #2 Affidavit of Christopher J. Pulido, #3 Exhibit A)(Pulido, Christopher) Modified on 9/22/2021 (Benson, A.).
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Filing 78
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Philips North America LLC. (Pulido, Christopher)
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Filing 77
RESPONSE by Philips North America LLC to #30 Opposition to Motion,. (Pulido, Christopher)
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Filing 95
SEALED EVENT (Attachments: #1 part 2) (Donati, J)
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Filing 76
ORDER signed by District Judge John A. Mendez on 9/17/21 GRANTING #74 Request to Seal. (Kaminski, H)
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Filing 75
SUPPLEMENTAL OPPOSITION by Advanced Imaging Services, Inc., Wang Xiuyuan to #5 Motion for Preliminary Injunction. (Attachments: #1 Redacted Declaration of Dylan Wiseman, #2 Supplemental Declaration of Sean Wang)(Wiseman, Dylan) Modified on 9/15/2021 (Zignago, K.).
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Filing 74
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Advanced Imaging Services, Inc., Wang Xiuyuan. (Wiseman, Dylan)
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Filing 73
AFFIDAVIT of Jacqueline Dickson re #70 Memorandum in support of Motion (Notarized Replacement) by Philips North America LLC. (Pulido, Christopher) Modified on 9/9/2021 (Benson, A.).
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Filing 72
SEALED EVENT (Attachments: #1 Part 2, #2 Part 3) (Kastilahn, A)
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Filing 71
ORDER signed by District Judge John A. Mendez on 9/8/21 GRANTING #69 Philips' request to seal portions of its supplemental memorandum in support of motion for preliminary injunction. (Kastilahn, A)
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Filing 70
SUPPLEMENTAL MEMORANDUM by Philips North America LLC in support of #5 Motion for Preliminary Injunction,. (Attachments: #1 Affidavit of Jacqueline Dickson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Affidavit of Ismail Cem Kuru, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Affidavit of Jonathan Karchmer, #19 Exhibit A)(Pulido, Christopher) Modified on 9/8/2021 (Benson, A.).
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Filing 69
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Philips North America LLC. (Pulido, Christopher)
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Filing 68
ORDER signed by Magistrate Judge Allison Claire on 8/31/21 GRANTING #65 plaintiff's petition for fees and defendants shall pay plaintiff $18,480.00 in attorney's fees in connection with the motion to compel within 30 days of this order. (Kastilahn, A)
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Filing 67
OPPOSITION by Defendants Advanced Imaging Services, Inc., Wang Xiuyuan to #65 Petition. (Attachments: #1 Declaration of Dylan Wiseman)(Wiseman, Dylan)
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Filing 66
STIPULATION and ORDER signed by District Judge John A. Mendez on 08/23/2021 EXTENDING the last day for Defendants to complete its document production to 8/20/2021; the last day for Philips to take Defendants deposition is EXTENDED to 8/31/2021 and Philips' supplemental brief in support of its Motion for Preliminary Injunction is due by 9/7/2021. All other dates remain the same as ordered in the #47 Stipulation. (Rodriguez, E)
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Filing 65
PETITION for ATTORNEYS' FEES by Philips North America LLC. (Attachments: #1 Exhibit A)(Pulido, Christopher)
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Filing 64
STIPULATION and PROPOSED ORDER to Extend the Expedited Deposition Cut-Off Date and Deadline for Plaintiff's Supplemental Brief by Philips North America LLC. (Pulido, Christopher)
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Filing 63
MINUTE ORDER: The motion now calendared for 8/24/2021 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
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Filing 62
REPLY by Advanced Imaging Services, Inc., Wang Xiuyuan to #61 Opposition to Motion to Dismiss. (Wiseman, Dylan)
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Filing 61
OPPOSITION by Philips North America LLC to #37 Motion to Dismiss. (Pulido, Christopher)
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Filing 60
TRANSCRIPT of Proceedings Re: Motion to Compel held on August 6, 2021, before Magistrate Judge Allison Claire, filed by Court Reporter Kacy Barajas, Phone number 916-426-7640 E-mail kbarajas.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/2/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (Barajas, K)
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Filing 59
TRANSCRIPT REQUEST by Philips North America LLC for proceedings held on August 6, 2021 before Judge Allison Claire. Court Reporter ECRO Jonathan Anderson. (Pulido, Christopher)
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Filing 58
TRANSCRIPT REQUEST by Advanced Imaging Services, Inc., Wang Xiuyuan for proceedings held on August 6, 2021 before Judge Judge Allison Claire. Court Reporter ECRO Jonathan Anderson. (Wiseman, Dylan)
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Filing 57
ORDER signed by Magistrate Judge Allison Claire on 08/06/2021 GRANTING #51 Motion to Compel and DENYING #38 Motion for a Protective Order. Fees will be awarded by separate order; plaintiff is DIRECTED to file a billing statement and rate request with the court within 14 days of this order. (Rodriguez, E)
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Filing 56
MINUTES (Text Only) for MOTION HEARING proceedings held via video conference before Magistrate Judge Allison Claire on 8/6/2021 re #51 Motion to Compel. All parties present and consent via Zoom. Arguments heard as to the pending #51 Motion to Compel. Matter submitted. Court order to follow. Plaintiffs Counsel Ismail Kuru and Jennifer DePriest present. Defendants Counsel Jacqueline Vu and Dylan Wiseman present. Court Reporter/CD Number: ECRO. (Anderson, J) Modified on 8/6/2021 (Anderson, J).
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Filing 55
NOTICE of APPEARANCE by Berit Lynn Elam on behalf of Advanced Imaging Services, Inc., Wang Xiuyuan. Attorney Elam, Berit Lynn added. (Elam, Berit)
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Filing 54
JOINT STATEMENT re Discovery Disagreement on #51 Motion to Compel filed by Plaintiff Philips North America LLC. (Pulido, Christopher) Modified on 8/5/2021 (Huang, H).
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Filing 53
ORDER signed by Magistrate Judge Allison Claire on 8/2/21 GRANTING #52 Ex Parte Application. The Court ORDERS as that the Parties Joint Statement re Discovery Disagreement be filed no later than 4:00 p.m. on August 4, 2021. The Court further ORDERS that a hearing on the Motion To Compel Production Of Materials For Inspection Prior To The August 11, 2021 Expedited Discovery Cutoff shall be held on August 6, 2021 at 9:00 a.m. via Zoom. (Kaminski, H)
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Filing 52
EX PARTE APPLICATION by Philips North America LLC for Leave to Shorten Time on Motion to Compel Production of Materials for Inspection Prior to the August 11, 2021 Expedited Discovery Cutoff. (Attachments: #1 Proposed Order, #2 Affidavit of Ismail Cem Kuru, #3 Exhibit 1 to Kuru's Affidavit, #4 Exhibit 2 to Kuru's Affidavit, #5 Exhibit 3 to Kuru's Affidavit)(Pulido, Christopher) Modified on 8/2/2021 (Tupolo, A).
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Filing 51
MOTION to COMPEL Production of Materials for Inspection Prior to the August 11, 2021 Expedited Discovery Cutoff by Philips North America LLC. Motion Hearing set for 9/1/2021 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Proposed Order)(Pulido, Christopher) Modified on 8/2/2021 (Tupolo, A).
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Filing 50
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 07/29/2021: A further informal discovery conference was held by videoconferencing on 7/29/21. Jennifer Y. DePriest, Ismail C. Kuru and Christopher J. Puli do appeared for plaintiff; Jacqueline N. Vu and Dylan W. Wiseman appeared for defendant. No rulings issued. The parties were directed to follow Judge Claires posted procedures for informal resolution of disputes with the agreement of all parties to that process, or to bring the appropriate motion(s) in compliance with the Local Rules. (Text Only Entry)(Anderson, J)
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Filing 49
STIPULATION and ORDER re CONFIDENTIAL INFORMATION signed by Magistrate Judge Allison Claire on 7/28/2021. (Coll, A)
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Filing 48
JOINT STATEMENT Re: Discovery Disagreement filed by Defendants Advanced Imaging Services, Inc., Wang Xiuyuan. (Wiseman, Dylan)
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Filing 47
STIPULATION and ORDER signed by District Judge John A. Mendez on 7/27/2021 CONTINUING the 8/24/2021 Motion for Preliminary Injunction Hearing to 9/28/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez and SETTING the following schedule: Defendants to complete their document production by 8/11/2021. Philips to take defendants' deposition by 8/24/2021. Philips' supplemental brief due by 8/31/2021. Defendants' supplemental brief due by 9/14/2021. Philips' Reply due by 9/21/2021. (Coll, A)
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Filing 46
STIPULATION and PROPOSED ORDER for Continuation of Hearing on Plaintiff's Motion for Preliminary Injunction by Philips North America LLC. (Pulido, Christopher)
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Filing 45
STIPULATION and PROPOSED ORDER for Confidential Information by Philips North America LLC. (Pulido, Christopher)
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Filing 44
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 07/26/2021: The parties participated in an informal telephonic discovery conference on 7/26/21. Christopher J. Pulido and James T. Hultquist appeared for plaintiff; Dylan W. Wiseman and Jacqueline N. Vu appeared for defendant. After discussion, the court ruled that the language proposed by plaintiff for the Protective Order is approved. The motion at ECF No. #39 is accordingly DENIED as moot. (Text Only Entry)(Anderson, J)
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Filing 43
MINUTE ORDER: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within 30 days of the Court's ruling on Defendants' pending #37 Motion to Dismiss. [TEXT ENTRY ONLY] (Michel, G.)
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Filing 42
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 07/19/2021: The parties in this matter have requested an informal telephone conference. The conference is scheduled for 07/26/2021 at 01:00 p.m. At least 24 hours before the conference the parties shall submit a joint letter briefly explaining what meet and confer efforts have been undertaken and provide a synopsis of the discovery dispute. The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. Pages exceeding this limit will not be considered. The letter shall be emailed to acorders@caed.uscourts.gov. No paper courtesy copy is required, and the letter should not be filed on the docket. The informal conference will be conducted via Zoom. The Judicial Assistant Donna Dal Porto will be sending you the zoom information shortly after you receive this minute order. (Text Only Entry) (Anderson, J)
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Filing 41
JOINT STATUS REPORT by Philips North America LLC. (Pulido, Christopher)
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Filing 40
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 07/09/2021 re #38 & #39 Motion for Protective Order. The hearing on the motions now calendared for Wednesday, August 4, 2021 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry)(Anderson, J)
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Filing 39
MOTION for PROTECTIVE ORDER re Confidential Documents by Advanced Imaging Services, Inc., Wang Xiuyuan. Motion Hearing set for 8/11/2021 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wiseman, Dylan) Modified on 7/9/2021 (Huang, H).
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Filing 38
MOTION for PROTECTIVE ORDER 0 by Advanced Imaging Services, Inc., Wang Xiuyuan. Motion Hearing set for 8/4/2021 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wiseman, Dylan) Modified on 7/9/2021 (Huang, H).
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Filing 37
MOTION to DISMISS by Advanced Imaging Services, Inc., Wang Xiuyuan. Motion Hearing set for 8/24/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order)(Wiseman, Dylan)
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Filing 36
STIPULATION and ORDER signed by District Judge John A. Mendez on 6/29/2021 CONTINUING the #5 Motion for Preliminary Injunction Hearing to 8/24/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. It is further ORDERED that the briefing schedule be set as follows: Philips supplemental brief due by 7/27/2021. Defendants supplemental brief due by 8/10/2021. Philips to reply by 8/17/2021. (Coll, A)
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Filing 35
STIPULATION and PROPOSED ORDER for Continuation of the Hearing on Plaintiff's Motion for Preliminary Injunction Pursuant to Local Rule 230(f) by Philips North America LLC. (Pulido, Christopher)
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Filing 34
MINUTE ORDER: On June 25, 2021, Plaintiff filed a request for a reinstatement of its Motion for Preliminary Injunction. See ECF No. #33 . This request for reinstatement is GRANTED. Plaintiff also requests that upon reinstatement, the hearing on the motion be continued to allow time for expedited discovery as ordered by Magistrate Judge Claire at ECF No. #31 . Id. at 2 n.2. This request is also GRANTED. The parties are ORDERED to file a stipulation informing the Court of the new hearing date. [TEXT ONLY ENTRY] (Michel, G.)
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Filing 33
REQUEST for REINSTATEMENT of #5 Motion for Preliminary Injunction by Philips North America, LLC. (Pulido, Christopher)
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Filing 32
MINUTE ORDER: On May 14, 2021, Plaintiff filed a motion for a preliminary injunction. See ECF No. #5 . Plaintiff failed to comply with the Court's Order re Filing Requirements. See ECF No. #3 -2. That Order requires that "counsel contemplating the filing of any motion... shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution." Id. at 2. This conference must take place "at least ten (10) days prior to the last day for filing the motion." Id. The Order also requires counsel for the moving party to include a statement in the notice of the motion attesting that the meet and confer requirement has been met. Id. Plaintiff's motion is DISMISSED for failure to comply with these requirements. The hearing for this motion on July 6, 2021, is hereby VACATED. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.)
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Filing 31
ORDER signed by Magistrate Judge Allison Claire on 6/24/2021 GRANTING #15 Motion to Shorten Time; STRIKING AS MOOT #7 Motion to Shorten Time and #9 Ex Parte Application; DEEMING #16 Exhibits 1-4 served; DIRECTING defendants to respond to plaintiff's requests for production of documents and things and the propounded interrogatories within 14 days; and DIRECTING defendants to appear for that deposition at a mutually agreeable place and time within 30 days. Philips may, if necessary to clarify any written discovery from defendants, notice a deposition of defendants. (Coll, A)
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Filing 30
OPPOSITION by Advanced Imaging Services, Inc., Wang Xiuyuan to #5 Motion for Preliminary Injunction,. (Attachments: #1 Evidentiary Objections to the Affidavit of Jacqueline Dickson, #2 Declaration of Dylan Wiseman, #3 Declaration of Adam Setzler, #4 Declaration of Sean Wang, #5 Declaration of Zachery White)(Wiseman, Dylan)
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Filing 29
REPLY by Philips North America LLC re #15 Motion to Shorten Time, #7 Motion to Shorten Time,. (Attachments: #1 Exhibit A)(Pulido, Christopher)
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Filing 28
OPPOSITION by Advanced Imaging Services, Inc., Wang Xiuyuan to #15 Motion to Shorten Time, #7 Motion to Shorten Time,. (Attachments: #1 Declaration of Dylan Wiseman, #2 Declaration of Sean Wang)(Wiseman, Dylan) Modified on 6/10/2021 (Mena-Sanchez, L).
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Filing 27
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 06/08/2021: The court in in receipt of the parties stipulation to continue the hearing on plaintiffs Motion for Expedited Discovery (ECF No. #15 ). ECF No. #26 . The stipulation is GRANTED and the Motion for Expedited Discovery will be heard on the papers in accordance with the order at ECF No. 18 on June 23, 2021. (Text Only Entry) (Anderson, J)
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Filing 26
STIPULATION and PROPOSED ORDER to Continue the Hearing re #7 Motion for Expedited Discovery by Advanced Imaging Services, Inc., Wang Xiuyuan. (Vu, Jacqueline) Modified on 6/10/2021 (Mena-Sanchez, L).
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Filing 25
NOTICE of APPEARANCE by Dylan W. Wiseman on behalf of Advanced Imaging Services, Inc., Wang Xiuyuan. Attorney Wiseman, Dylan W. added. (Wiseman, Dylan)
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Filing 24
STIPULATION FOR EXTENSION OF TIME to Respond to the Complaint by Advanced Imaging Services, Inc., Wang Xiuyuan. Attorney Vu, Jacqueline N. ADDED. (Vu, Jacqueline)
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Filing 23
CERTIFICATE OF SERVICE/SUMMONS RETURNED EXECUTED: Wang Xiuyuan served on 5/19/2021, answer due 6/9/2021. (Attachments: #1 Exhibit A)(Pulido, Christopher)
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Filing 22
CERTIFICATE of SERVICE by Philips North America LLC re ECF Documents #10-17. (Attachments: #1 Exhibit A to 5/18/2021 Service)(Pulido, Christopher) Modified on 5/20/2021 (Kastilahn, A).
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Filing 21
CERTIFICATE of SERVICE by Philips North America LLC re #2 Summons, #8 Memorandum in Support of Motion, #6 Memorandum in Support of Motion, #5 Motion for Preliminary Injuction, #4 Corporate Disclosure Statement, #9 Ex Parte Application to Shorten Time, #7 Motion for Expedited Discovery, #3 Civil New Case Documents for JAM, #1 Complaint,. (Attachments: #1 Exhibit A to COS)(Pulido, Christopher)
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Filing 20
SUMMONS RETURNED EXECUTED: Philips North America LLC served on 5/14/2021, answer due 6/4/2021. (Attachments: #1 Proof of Service)(Pulido, Christopher)
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Filing 19
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/17/2021 GRANTING #11 Application for Pro Hac Vice. ADDED Attorney Ismail C. Kuru for Philips North America LLC. (Mena-Sanchez, L)
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Filing 18
MINUTE ORDER issued by Courtroom Deputy J. Anderson for Magistrate Judge Allison Claire on 05/18/2021: The hearing on the #15 Motion to Shorten Time now calendared for Wednesday, June 16, 2021 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry) (Anderson, J)
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Filing 17
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/17/2021 GRANTING #10 Application for Pro Hac Vice. ADDED Attorney James T. Hultquist for Philips North America LLC. (Mena-Sanchez, L)
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Filing 16
MEMORANDUM by Philips North America LLC in support of #15 Motion to Shorten Time. (Pulido, Christopher)
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Filing 15
MOTION to SHORTEN TIME for Expedited Discovery by Philips North America LLC. Motion Hearing set for 6/16/2021 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Proposed Order)(Pulido, Christopher)
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Filing 14
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/17/2021 GRANTING #12 Application for Pro Hac Vice. ADDED Attorney Jennifer Y. DePriest for Philips North America LLC. (Mena-Sanchez, L)
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Filing 13
MINUTE ORDER: The court is in receipt of Plaintiff's Motions, ECF Nos. #7 and #9 . The motion at ECF No. #7 , as filed, is defective. Plaintiff is DIRECTED to comply with Local Rule 302(c)(1) and re-notice the motion for hearing before the assigned magistrate judge. Accordingly, the hearing set for 7/6/2021, is VACATED. Additionally, Plaintiff shall submit the proposed order re ECF No. #9 to the assigned magistrate judge as required by L.R. 137(b). IT IS SO ORDERED. [TEXT ONLY ENTRY] (York, M)
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Filing 12
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Philips North America LLC for attorney Jennifer Y. DePriest to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9605134) (Attachments: #1 Certificate of Record Certificate of Admission to the Bar of Illinois)(Pulido, Christopher)
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Filing 11
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Philips North America LLC for attorney Ismail C. Kuru to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9605126) (Attachments: #1 Certificate of Record Certificate of Admission to the Bar of Illinois)(Pulido, Christopher)
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Filing 10
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Philips North America LLC for attorney James T. Hultquist to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9604949) (Attachments: #1 Certificate of Record Certificate of Admission to the Illinois State Bar)(Pulido, Christopher)
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Filing 9
EX PARTE APPLICATION to SHORTEN TIME re #7 Motion for Expedited Discovery by Philips North America LLC. (Attachments: #1 Proposed Order, #2 Affidavit of Christopher Pulido)(Pulido, Christopher)
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Filing 8
MEMORANDUM by Philips North America LLC in support of #7 Motion for Expedited Discovery. (Pulido, Christopher)
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Filing 7
MOTION for EXPEDITED DISCOVERY by Philips North America LLC. Motion Hearing set for 7/6/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order)(Pulido, Christopher) Modified on 5/17/2021 (Benson, A.).
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Filing 6
MEMORANDUM by Philips North America LLC in support of #5 Motion for Preliminary Injunction. (Pulido, Christopher)
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Filing 5
MOTION for PRELIMINARY INJUNCTION by Philips North America LLC. Motion Hearing set for 7/6/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order, #2 Declaration of Jacqueline Dickson)(Pulido, Christopher) Modified on 6/28/2021 (Michel, G.).
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Plaintiff Philips North America LLC. (Pulido, Christopher)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.)
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Filing 2
SUMMONS ISSUED as to *Advanced Imaging Services, Inc., Wang Xiuyuan* with answer to complaint due within *21* days. Attorney *Christopher John Pulido* *Reed Smith LLP* *101 Second St., Suite 1800* *San Francisco, CA 94105*. (Benson, A.)
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Filing 1
COMPLAINT against Advanced Imaging Services, Inc., Wang Xiuyuan by Philips North America LLC. Attorney Pulido, Christopher John added. (Filing fee $ 402, receipt number 0972-9600863) (Attachments: #1 Civil Cover Sheet)(Pulido, Christopher)
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