Hoi Kwong Yu et al v. Alibaba Group U.S., Inc.
| Hoi Kwong Yu and Janice Yu |
| AliExpress E-Commerce One Pte. Ltd., Shenzhen Tronxy Technology Co. Ltd., Alibaba Group U.S.,, Alibaba Group Holding Ltd. and Alibaba.Com Investment Holding Ltd. |
| 3:2023cv03009 |
| June 20, 2023 |
| US District Court for the Northern District of California |
| James Donato |
| Kandis A Westmore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER. For the motion to dismiss, Dkt. No. 16, the parties' stipulations and amendments in state court with respect to defendant AliExpress E-Commerce One are not a substitute for a well-formulated complaint that provides a "short and plain statement of the claim," as Federal Rule of Civil Procedure 8 requires. As the pleadings currently stand, plaintiffs have not provided enough facts to plausibly allege a claim against AliExpress E-Commerce One. Consequently, the complaint is dismissed with leave to amend. Plaintiffs may file an amended complaint by September 6, 2023. A failure to meet this deadline will result in a dismissal under Fed. R. Civ. P. 41(b). The hearing set for August 17, 2023, is vacated. Signed by Judge James Donato on 8/16/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/16/2023)
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| Filing 21 NOTICE by AliExpress E-Commerce One Pte. Ltd. of Arguing Attorney for AliExpress E-Commerce One Pte. Ltd.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Friedmann, Jared) (Filed on 8/1/2023) |
| Filing 20 REPLY (re #16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof ) filed by AliExpress E-Commerce One Pte. Ltd.. (Friedmann, Jared) (Filed on 7/18/2023) Modified on 7/19/2023 (kmg, COURT STAFF). |
| Filing 19 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof ) filed byHoi Kwong Yu, Janice Yu. (Attachments: #1 Declaration Declaration of Doris Cheng in support of Opposition to Aliexpress E-Commerce One PTE, LTDs Motion To Dismiss Pursuant To Fed. R. Civ. P 12(B)(6))(McDevitt, Andrew) (Filed on 7/11/2023) |
| Filing 18 NOTICE of Appearance by Katherine Shepherd Connolly (Connolly, Katherine ) (Filed on 7/7/2023) |
| Filing 17 CERTIFICATE OF SERVICE by AliExpress E-Commerce One Pte. Ltd. re #16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof (Friedmann, Jared) (Filed on 6/29/2023) |
| Filing 16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed by AliExpress E-Commerce One Pte. Ltd.. Motion Hearing set for 8/17/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/11/2023. Replies due by 7/18/2023. (Attachments: #1 Proposed Order)(Friedmann, Jared) (Filed on 6/27/2023) |
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Filing 15
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 9/21/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 9/14/2023. Signed by Judge James Donato on 6/23/2023. (lrc, COURT STAFF) (Filed on 6/23/2023)
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 6/22/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 6/22/2023)
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| Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 6/22/2023) |
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Filing 12
Order by Magistrate Judge Kandis A. Westmore granting #9 Motion for Pro Hac Vice as to Sarah Ryu. (wft, COURT STAFF) (Filed on 6/22/2023)
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Filing 11
Order by Magistrate Judge Kandis A. Westmore granting #6 Motion for Pro Hac Vice as to Jared R. Friedmann. (wft, COURT STAFF) (Filed on 6/22/2023)
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| Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18379120.) filed by AliExpress E-Commerce One Pte. Ltd.. (Attachments: #1 Certificate of Good Standing)(Ryu, Sarah) (Filed on 6/21/2023) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AliExpress E-Commerce One Pte. Ltd... (Singh, David) (Filed on 6/21/2023) |
| Filing 7 NOTICE of Appearance by Christopher J. Lee (Lee, Christopher) (Filed on 6/21/2023) |
| Filing 6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18377822.) filed by AliExpress E-Commerce One Pte. Ltd.. (Attachments: #1 Certificate of Good Standing)(Friedmann, Jared) (Filed on 6/21/2023) |
| Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2023. Initial Case Management Conference set for 9/19/2023 01:30 PM in Oakland, - To be determined. (kmg, COURT STAFF) (Filed on 6/20/2023) |
| Filing 5 CERTIFICATE OF SERVICE by AliExpress E-Commerce One Pte. Ltd. re 3 Case Assigned by Intake, (Singh, David) (Filed on 6/20/2023) |
| Filing 4 CERTIFICATE OF SERVICE by AliExpress E-Commerce One Pte. Ltd. re #1 Notice of Removal, (Singh, David) (Filed on 6/20/2023) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/5/2023. (ark, COURT STAFF) (Filed on 6/20/2023) |
| Filing 2 Rule 7.1 Disclosures by AliExpress E-Commerce One Pte. Ltd. identifying Corporate Parent Alibaba Group Holding Limited, Other Affiliate SoftBank Group Corp. for AliExpress E-Commerce One Pte. Ltd.. and Civil Local Rule 3-15 Certification (Singh, David) (Filed on 6/20/2023) |
| Filing 1 NOTICE OF REMOVAL Receipt No. ACANDC-18374728, Amount $402 from San Francisco Superior Court. Their case number is CGC-22-600050. (). Filed byAliExpress E-Commerce One Pte. Ltd., Shenzhen Tronxy Technology Co. Ltd.. (Attachments: #1 Exhibit A - First Amended Complaint and Doe Amendment, #2 Exhibit B - Orders, #3 Civil Cover Sheet)(Singh, David) (Filed on 6/20/2023) |
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