McCullough et al v. Lewis et al
| Robert McCullough, Jr. and Dr. ZHONGXI ZHENG |
| William Austin Lewis, Joel Kanter, Lewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc., Gregory Fortunoff, Stephen Von Rump and Dr. John Abeles |
| 3:2018cv02864 |
| May 15, 2018 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Marin |
| Richard Seeborg |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 66 NOTICE of Change of Address by David J. Millstein Effective January 1, 2019 (Millstein, David) (Filed on 12/19/2018) |
Filing 65
STIPULATION AND ORDER RE: #64 TO TRANSFER VENUE TO THE DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Signed by Judge Richard Seeborg on 11/19/18. (cl, COURT STAFF) (Filed on 11/19/2018)
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| Transferring case electronically to the District Court for the District of Delaware. ***1:18-cv-01829*** (gbaS, COURT STAFF) (Filed on 11/19/2018) Modified on 11/20/2018 (gbaS, COURT STAFF). |
| Filing 64 STIPULATION WITH PROPOSED ORDER filed by Robert McCullough, Jr, Zhongxi Zheng. (Mader, Christopher) (Filed on 11/16/2018) |
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Filing 63
ORDER CONTINUING MOTION HEARING. Signed by Judge Richard Seeborg on 11/5/18. (cl, COURT STAFF) (Filed on 11/5/2018)
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| Set/Reset as to #58 MOTION to Dismiss . Motion Hearing previously set for 11/29/2018 has been continued to 12/13/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 11/5/2018) |
| Filing 62 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference previously set for November 15, 2018 is continued to November 29, 2018 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by November 21, 2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 11/2/2018) |
| Filing 61 CASE MANAGEMENT STATEMENT filed by Robert McCullough, Jr, Zhongxi Zheng. (Mader, Christopher) (Filed on 11/1/2018) |
| Filing 60 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/30/2018) |
| Filing 59 EXHIBITS re #58 MOTION to Dismiss filed byMedite Cancer Diagnostics, Inc.. (Related document(s) #58 ) (Fellner, Jason) (Filed on 10/23/2018) |
| Filing 58 MOTION to Dismiss filed by Medite Cancer Diagnostics, Inc.. Motion Hearing set for 11/29/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 11/21/2018. Replies due by 11/28/2018. (Attachments: #1 Supplement Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities and Declarations of John G. Moon In Support Thereof, #2 Proposed Order [proposed] Order Granting Motion to Dismiss Complaint, #3 Signature Page (Declarations/Stipulations) Declaration of John G. Moon, Esq In Support of Defendants' Motion to Dismiss the Complaint)(Fellner, Jason) (Filed on 10/23/2018) |
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Filing 57
ORDER by Judge Richard Seeborg granting #32 Motion to Set Aside Default; denying #34 Motion for Default Judgment. (cl, COURT STAFF) (Filed on 10/1/2018)
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| Filing 56 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/8/2018. Initial Case Management Conference previously set for 11/8/2018 has been continued to 11/15/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 9/28/2018) |
| Filing 55 REPLY (re #34 MOTION for Default Judgment ) filed byRobert McCullough, Jr, Zhongxi Zheng. (Mader, Christopher) (Filed on 9/18/2018) |
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Filing 54
ORDER by Judge Richard Seeborg granting #52 Motion for Pro Hac Vice as to Richard W. Nicholson Jr. (cl, COURT STAFF) (Filed on 9/10/2018)
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Filing 53
ORDER by Judge Richard Seeborg granting #51 Motion for Pro Hac Vice as to John G. Moon. (cl, COURT STAFF) (Filed on 9/10/2018)
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| Filing 52 MOTION for leave to appear in Pro Hac Vice (Richard W. Nicholson Jr.) ( Filing fee $ 310, receipt number 0971-12663221.) filed by Medite Cancer Diagnostics, Inc.. (Attachments: #1 Certificate of Good Standing)(Nicholson, Richard) (Filed on 9/10/2018) |
| Filing 51 MOTION for leave to appear in Pro Hac Vice (John G. Moon) ( Filing fee $ 310, receipt number 0971-12663150.) filed by Medite Cancer Diagnostics, Inc.. (Attachments: #1 Certificate of Good Standing)(Moon, John) (Filed on 9/10/2018) |
| Filing 50 CLERK'S NOTICE Continuing Motion Hearing as to #34 MOTION for Default Judgment, #32 MOTION to Set Aside Default . Motion Hearing previously set for 9/27/2018 has been continued to 10/4/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/28/2018) |
| Filing 49 Renotice motion hearing re #32 MOTION to Set Aside Default filed byLewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc.. (Attachments: #1 Declaration Declaration of Defendant Stephen Von Rump in Further Support of Nominal Defendant Medite Cancer Diagnostics, Inc. And Defendant Lewis Opportunity Fund, L.P.'s Re-Notice of Motion to Set Aside Entry of Default)(Related document(s) #32 ) (Fellner, Jason) (Filed on 8/27/2018) |
| Filing 48 REPLY in Further Support (re #32 MOTION to Set Aside Default ) filed by Lewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc.. (Fellner, Jason) (Filed on 8/27/2018) Modified on 8/28/2018 (slhS, COURT STAFF). |
| Filing 47 CLERK'S NOTICE SCHEDULING MOTION HEARING. Motion Hearing as to #34 MOTION for Default Judgment, #32 MOTION to Set Aside Default . Motion Hearing set for 9/27/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/23/2018) |
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Filing 46
ORDER by Judge Richard Seeborg granting #37 Motion for Extension of Time to Answer.(cl, COURT STAFF) (Filed on 8/23/2018)
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| Filing 45 NOTICE by Robert McCullough, Jr, Zhongxi Zheng re #42 Opposition/Response to Motion (Attachments: #1 Exhibit)(Mader, Christopher) (Filed on 8/22/2018) |
| Set/Reset Deadlines as to #37 MOTION for Extension of Time to File Answer re #1 Complaint, . Motion Hearing set for 9/27/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 8/22/2018) |
| Filing 44 OPPOSITION/RESPONSE (re #34 MOTION for Default Judgment ) filed byLewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc.. (Millstein, David) (Filed on 8/21/2018) |
| Filing 43 Renotice motion hearing re #37 MOTION for Extension of Time to File Answer re #1 Complaint, filed byGregory Fortunoff. (Related document(s) #37 ) (Millstein, David) (Filed on 8/21/2018) |
| Filing 42 OPPOSITION/RESPONSE (re #32 MOTION to Set Aside Default ) filed byRobert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Declaration, #2 Declaration)(Mader, Christopher) (Filed on 8/20/2018) |
| Filing 41 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Richard Seeborg upon reassignment. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Seeborg's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 11/1/2018. Initial Case Management Conference set for 11/8/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/20/2018) |
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Filing 40
ORDER, Case reassigned to Judge Richard Seeborg. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/20/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/20/2018)
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Filing 39
ORDER OF REASSIGNMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 8/17/2018. (ahm, COURT STAFF) (Filed on 8/17/2018)
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| Filing 38 CLERK'S NOTICE Re: Consent or Declination: Defendants Gregory Fortunoff and Lewis Opportunity Fund L.P shall file a consent or declination to proceed before a magistrate judge by 8/31/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 8/17/2018) |
| Filing 37 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Gregory Fortunoff. (Attachments: #1 Declaration of Richelson ISO Motion, #2 Declaration of Fortunoff ISO Motion, #3 Proposed Order Proposed Order)(Millstein, David) (Filed on 8/16/2018) |
| Filing 36 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE. To all parties and counsel of record:Please take notice that due to the pending motions, the case management conference currently scheduled for August 16, 2018 before Magistrate Judge Jacqueline Scott Corley is hereby vacated. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 8/10/2018) |
| Filing 35 CASE MANAGEMENT STATEMENT filed by Robert McCullough, Jr, Zhongxi Zheng. (Mader, Christopher) (Filed on 8/8/2018) |
| Filing 34 MOTION for Default Judgment filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Mader, Christopher) (Filed on 8/7/2018) Modified on 8/8/2018 (slhS, COURT STAFF). |
| Filing 33 CLERK'S NOTICE Re: Consent or Declination: Defendants Medite Cancer Diagnostics, Inc. and Lewis Opportunity Fund, L.P. shall file a consent or declination to proceed before a magistrate judge by 8/21/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 8/7/2018) |
| Filing 32 MOTION to Set Aside Default filed by Medite Cancer Diagnostics, Inc.. Motion Hearing set for 9/13/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 8/20/2018. Replies due by 8/27/2018. (Attachments: #1 Supplement Memorandum of Points & Authorities, #2 Declaration Declaration of William Austin Lewis, #3 Declaration Declaration of Stephen Von Romp, #4 Declaration Declaration of John G. Moon, #5 Proposed Order Proposed Order Granting Motion to Set Aside Entry of Default)(Fellner, Jason) (Filed on 8/6/2018) |
| Filing 31 Clerk's DECLINATION OF DEFAULTS. (Related documents(s) #26 , #27 , #28 , #29 , 36 )(slhS, COURT STAFF) (Filed on 7/9/2018) |
| #Electronic filing error re: #26 , #27 , #28 , #29 , and #30 MOTIONS for Default Judgment by the Clerk. Incorrect events used. [err101] Corrected by Clerk's Office. No furt her action is necessary. (slhS, COURT STAFF) (Filed on 7/9/2018) |
| Filing 30 MOTION for Entry of Default as to Defendant Von Rump filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Declaration, #2 Proposed Order)(Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 29 MOTION for Entry of Default as to Defendant Abeles filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Declaration, #2 Proposed Order)(Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 28 for Entry of Default as to Defendant Kanter filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Proposed Order, #2 Declaration)(Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 27 MOTION for Entry of Default as to Defendant Lewis filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Proposed Order, #2 Declaration)(Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 26 MOTION for Entry of Default as to Defendant Fortunoff filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Proposed Order, #2 Declaration)(Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 25 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. Gregory Fortunoff served on 6/14/2018, answer due 7/5/2018. (Mader, Christopher) (Filed on 7/6/2018) Modified on 7/9/2018 (slhS, COURT STAFF). |
| Filing 24 Clerk's Notice: ENTRY OF DEFAULT as to defendant Medite Cancer Diagnostics. (Related documents(s) #22 )(slhS, COURT STAFF) (Filed on 7/2/2018) |
| Filing 23 Clerk's Notice: ENTRY OF DEFAULT as to defendant Lewis Opportunity Fund, L.P. (Related documents(s) #21 )(slhS, COURT STAFF) (Filed on 7/2/2018) |
| Filing 22 MOTION for Entry of Default as to defendant Medite Cancer Diagnostics filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service, #3 Affidavit)(Mader, Christopher) (Filed on 6/27/2018) Modified on 6/29/2018 (slhS, COURT STAFF). |
| Filing 21 MOTION for Entry of Default as to defendant Lewis Opportunity Fund, L.P. filed by Robert McCullough, Jr, Zhongxi Zheng. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate/Proof of Service)(Mader, Christopher) (Filed on 6/27/2018) Modified on 6/29/2018 (slhS, COURT STAFF). |
| Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robert McCullough, Jr, Zhongxi Zheng.. (Mader, Christopher) (Filed on 6/22/2018) |
| #Electronic filing error Re: #14 Certificate of Service filed by Zhongxi Zheng, Robert McCullough, Jr., #16 Certificate of Service filed by Zhongxi Zheng, Robert McCullough , Jr., #15 Certificate of Service filed by Zhongxi Zheng, Robert McCullough, Jr., #18 Certificate of Service filed by Zhongxi Zheng, Robert McCullough, Jr., #17 Certificate of Service filed by Zhongxi Zheng, Robert McCullough, Jr., #19 Certificate of Service filed by Zhongxi Zheng, Robert McCullough, Jr. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 6/20/2018) |
| Filing 19 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. Medite Cancer Diagnostics, Inc. served on 5/31/2018, answer due 6/21/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 18 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. Lewis Opportunity Fund, L.P. served on 6/4/2018, answer due 6/25/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 17 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. Joel Kanter served on 6/14/2018, answer due 7/5/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 16 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. Steven Von Rump served on 6/14/2018, answer due 7/5/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 15 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. John Abeles served on 6/14/2018, answer due 7/5/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 14 SUMMONS Returned Executed by Zhongxi Zheng, Robert McCullough, Jr. William Austin Lewis served on 6/14/2018, answer due 7/5/2018. (Mader, Christopher) (Filed on 6/19/2018) Modified on 6/20/2018 (slhS, COURT STAFF). |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 6/22/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 6/8/2018) |
| Filing 12 Summonses Issued as to John Abeles, Gregory Fortunoff, Joel Kanter, William Austin Lewis, Lewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc., Stephen Von Rump. (Attachments: #1 Von Rump, #2 Kanter, #3 Fortunoff, #4 Lewis Opportunity, #5 Medite Cancer, #6 Abeles)(slhS, COURT STAFF) (Filed on 5/18/2018) |
| Filing 11 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 10 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 9 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 8 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 7 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 6 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 5 Proposed Summons. (Mader, Christopher) (Filed on 5/17/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/9/2018. Initial Case Management Conference set for 8/16/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 5/16/2018) |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/30/2018. (bwS, COURT STAFF) (Filed on 5/16/2018) |
| Filing 2 Civil Cover Sheet by Robert McCullough, Jr, ZHONGXI ZHENG . (Mader, Christopher) (Filed on 5/16/2018) |
| #Electronic filing error. This filing will not be processed by the clerks office due to lack of filing Civil Cover Sheet Re: #1 Complaint filed by ZHONGXI ZHENG, Robert McCullough, Jr. Please complete and file Civil Cover Sheet as a separate docket entry as soon as possible.. (bwS, COURT STAFF) (Filed on 5/16/2018) |
| Filing 1 COMPLAINT against John Abeles, Gregory Fortunoff, Joel Kanter, William Austin Lewis, Lewis Opportunity Fund, L.P., Medite Cancer Diagnostics, Inc., Stephen Von Rump (Filing fee $ 400, receipt number 0971-12356623). Filed by Zhongxi Zheng, Robert McCullough, Jr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mader, Christopher) (Filed on 5/15/2018) Modified on 5/16/2018 (slhS, COURT STAFF). |
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