JTH Tax LLC v. Yong et al
| JTH Tax, LLC formerly doing business as JTH Tax, Inc. doing business as Liberty Tax Service |
| Jek Yong, Singa Tax and Financial Services Corp and ABC Tax and Accounting Corp |
| 3:2023cv04115 |
| August 14, 2023 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Defend Trade Secrets Act (of 2016) |
| None |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 54 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 8/29/2023. 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. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 8/15/2023) |
| Filing 53 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/9/2023. Initial Case Management Conference set for 11/16/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (ark, COURT STAFF) (Filed on 8/15/2023) |
| Filing 52 Case transferred in from District of Texas Northern; Case Number 4:22-cv-01008. Original file certified copy of transfer order and docket sheet received. |
Filing 51
ORDER AND OPINION... Before the Court are Defendant ABC Tax and Accounting Corp.s 12(b)(2) Motion to Dismiss and Brief in Support (ECF No. #41 ), filed April 16, 2023; Defendants Motion to Dismiss Pursuant to Rule 12(b)(3) and Alternative Request to Transfer Venue (ECF No. #42 ), filed April 17, 2023; and Plaintiffs Response and Objection (ECF No. #47 ), filed May 22, 2023. For the reasons contained herein, this lawsuit is hereby TRANSFERRED to the United States District Court for the Northern District of California. (Ordered by Judge Reed C. O'Connor on 8/11/2023) (wxc)
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Filing 50
STIPULATED INJUNCTION AND DISMISSAL OF CLAIMS...Pursuant to Fed. R. Evid. P 41(a)(1)(A)(ii), Plaintiff and Defendants, by and through their respective counsel, stipulate to the dismissal of all claims in this case with prejudice, with each party to bear its/his own costs and attorneys' fees. (Ordered by Judge Reed C. O'Connor on 7/12/2023) (wxc)
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Filing 49
ORDER: Before the Court are Plaintiffs' Motion for Temporary Restraining Order (ECF No. 12 ), filed November 15, 2022; and the Court's Order setting Plaintiffs Motion for hearing (ECF No. #43 ), filed April 17, 2023. The Court set the hearing for June 1, 2023. However, since the Court filed its Order, Defendants Singa Tax and Financial Services Corp and Jek Yong have settled and filed a stipulation of dismissal. See ECF No. #44 . The Court hereby CANCELS the hearing set in this case and ORDERS Defendant ABC Tax and Accounting to file a response to Plaintiffs' Motion on or before June 9, 2023. Plaintiffs are ORDERED to file any reply on or before June 14, 2023. (Ordered by Judge Reed C. O'Connor on 5/31/2023) (tjc)
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| Filing 48 Appendix in Support filed by JTH Tax LLC re #47 Response/Objection, Appendix in Response to Defendant ABC Tax's Motion to Dismiss (Attachments: #1 Exhibit(s) A) (Guerrero, Cristina) |
| Filing 47 RESPONSE AND OBJECTION filed by JTH Tax LLC re: #41 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2), #42 First MOTION to Dismiss Pursuant to Rule 12(b)(3) and Alternative Request to Transfer Venue (Guerrero, Cristina) |
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Filing 46
ORDER: The #45 Motion is hereby GRANTED. Plaintiff must respond to Defendant's motion #41 on or before May 22, 2023. (Ordered by Judge Reed C. O'Connor on 5/9/2023) (saw)
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| Filing 45 MOTION for Extension of Time to File Response/Reply to #41 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) filed by JTH Tax LLC (Guerrero, Cristina) |
| Filing 44 STIPULATION OF DISMISSAL Stipulated Injunction and Dismissal of Claims by JTH Tax LLC. (Attachments: #1 Exhibit(s) Exhibit A) (Guerrero, Cristina) |
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Filing 43
ORDER...At present, the parties are ordered to appear for a hearing on May 4, 2023 to discuss Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 12 ). The Court hereby CONTINUES the hearing and ORDERS the parties to appear for a hearing on Thursday, June 1, 2023, at 9:00 a.m. in the Second Floor Courtroom, 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 4/17/2023) (wxc)
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| Filing 42 First MOTION to Dismiss Pursuant to Rule 12(b)(3) and Alternative Request to Transfer Venue filed by ABC Tax and Accounting Corp with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Appendix with Declaration of Kathy Le) (Berent, Jason) |
| Filing 41 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) filed by ABC Tax and Accounting Corp with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Appendix in Support of ABC Tax's 12(B)(2) Motion to Dismiss)Attorney Jason M Berent added to party ABC Tax and Accounting Corp(pty:dft) (Berent, Jason) |
| Filing 40 NOTICE of Proof of Service: ABC Tax and Accounting re: #39 Order filed by JTH Tax LLC (Attachments: #1 Exhibit(s) 1) (Guerrero, Cristina) |
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Filing 39
ORDER...The Court thus ORDERS Plaintiff to show proof of service in accordance with Rule 4(l) by April 14, 2023, or risk dismissal of the complaint. (Ordered by Judge Reed C. O'Connor on 4/7/2023) (wxc)
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| Filing 38 NOTICE of Partial Settlement filed by JTH Tax LLC (Guerrero, Cristina) |
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Filing 37
ORDER Before the Court is Plaintiffss Unopposed Motion for Continuance of Hearing #36 , filed April 6, 2023. The Motion is hereby GRANTED. The Court ORDERS the parties to appear for a hearing on Thursday, May 4, 2023, at 2:00 p.m. in the Second Floor Courtroom, 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 4/6/2023) (jgg)
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| Filing 36 Unopposed MOTION to Continue Hearing Set for April 10, 2023 [ECF No. 35] filed by JTH Tax LLC (Guerrero, Cristina) |
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Filing 35
ORDER: The Court ORDERS the parties to appear for a hearing on Monday, April 10, 2023, at 9:00 a.m. in the Second Floor Courtroom, 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 4/5/2023) (mmw)
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| Filing 34 RESPONSE filed by Singa Tax and Financial Services Corp, Jek Yong re: #33 Response/Objection (Wood, Robert) |
| Filing 33 RESPONSE filed by JTH Tax LLC re: #30 Order Setting Deadline/Hearing, (Guerrero, Cristina) |
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Filing 32
SCHEDULING ORDER: Joinder of Parties due by 4/24/2023. Amended Pleadings due by 4/24/2023. Motions due by 11/6/2023. Deadline for mediation is on or before 9/6/2023. Discovery due by 10/6/2023. Pretrial Order due by 2/8/2024. Bench Trial set for 3/4/2024 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 2/23/2023) (wxc)
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| Filing 31 Proposal for contents of scheduling and discovery order (Joint Report) by JTH Tax LLC. (Guerrero, Cristina) |
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Filing 30
ORDER: It is ORDERED that Plaintiff provide further briefing regarding the telephone number as well as the Confidential Information and Trade Secrets Plaintiff alleges are in Defendants possession. Plaintiff is ORDERED to file any briefing on or before February 27, 2023. Defendants are ORDERED to file any response on or before March 6, 2023. (Ordered by Judge Reed C. O'Connor on 2/21/2023) (jgg)
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Filing 29
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER... The Joint Report, which shall be filed on or before February 22, 2023. (Ordered by Judge Reed C. O'Connor on 1/25/2023) (wxc)
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| Filing 28 ANSWER to #1 Complaint,,,,, filed by Jek Yong. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Wood, Robert) |
| Filing 27 ANSWER to #1 Complaint,,,,, filed by Singa Tax and Financial Services Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Wood, Robert) |
| Filing 26 REPLY filed by Jek Yong re: #15 MOTION to Dismiss 12(B)(2), #17 Appendix in Support (Wood, Robert) |
| Filing 25 RESPONSE filed by JTH Tax LLC re: #15 MOTION to Dismiss 12(B)(2) (Attachments: #1 Proposed Order) (Guerrero, Cristina) |
| Filing 24 Joint STIPULATION Regarding Defendants 12(B)(5) Motion to Dismiss by JTH Tax LLC. (Guerrero, Cristina) |
| Filing 23 Appendix in Support filed by Singa Tax and Financial Services Corp, Jek Yong re #22 Response/Objection (Wood, Robert) |
| Filing 22 RESPONSE filed by Singa Tax and Financial Services Corp, Jek Yong re: #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction (Wood, Robert) |
| Filing 21 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Singa Tax and Financial Services Corp, Jek Yong. (Clerk QC note: No affiliate entered in ECF). (Wood, Robert) |
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Filing 20
ORDER...The Court therefore ORDERS Defendants to respond to Plaintiffs motion for injunctive relief on or before December 23, 2022. Plaintiff is ORDERED to file any reply to Defendants response by January 6, 2023. (Ordered by Judge Reed C. O'Connor on 12/12/2022) (wxc) (Main Document 20 replaced on 12/12/2022) (wxc).
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| Filing 19 ANSWER to #1 Complaint,,,,, filed by Jek Yong. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Wood, Robert) |
| Filing 18 ANSWER to #1 Complaint,,,,, filed by Singa Tax and Financial Services Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Wood, Robert) |
| Filing 17 Appendix in Support filed by Jek Yong re #15 MOTION to Dismiss 12(B)(2) (Wood, Robert) |
| Filing 16 Appendix in Support filed by Singa Tax and Financial Services Corp, Jek Yong re #14 MOTION to Dismiss 12(B)(5) (Wood, Robert) |
| Filing 15 MOTION to Dismiss 12(B)(2) filed by Jek Yong with Brief/Memorandum in Support. (Wood, Robert) |
| Filing 14 MOTION to Dismiss 12(B)(5) filed by Singa Tax and Financial Services Corp, Jek Yong with Brief/Memorandum in Support. Attorney Robert J Wood added to party Singa Tax and Financial Services Corp(pty:dft), Attorney Robert J Wood added to party Jek Yong(pty:dft) (Wood, Robert) |
| Filing 11 Summons Issued as to ABC Tax and Accounting Corp, Singa Tax and Financial Services Corp, Jek Yong. (sre) |
| Filing 10 Request for Clerk to issue Summons to Singa Tax and Financial Services Corporation filed by JTH Tax LLC. (Guerrero, Cristina) |
| Filing 9 Request for Clerk to issue Summons to Jek Yong filed by JTH Tax LLC. (Guerrero, Cristina) (Main Document 9 replaced on 11/21/2022) (fba). |
| Filing 8 Request for Clerk to issue Summons to ABC Tax and Accounting filed by JTH Tax LLC. (Guerrero, Cristina) (Main Document 8 replaced on 11/21/2022) (fba). |
| Filing 7 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| NEW CASE NUMBER 4:22-cv-1008 has been opened following the order of transfer entered in case number 3:22-cv-2464. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (rekc) |
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Filing 6
ORDER: The Court DENIES WITHOUT PREJUDICE the Plaintiff's motion for a temporary restraining order and TRANSFERS this case to the Fort Worth Division. (Ordered by Judge Brantley Starr on 11/3/2022) (chmb)
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| Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
| Filing 4 Brief/Memorandum in Support filed by JTH Tax, LLC re #3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Declaration(s) Knapp Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Declaration(s) Tava Miyata Declaration) (Guerrero, Cristina) |
| Filing 3 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction filed by JTH Tax, LLC (Attachments: #1 Proposed Order) (Guerrero, Cristina) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by JTH Tax, LLC. (Clerk QC note: Affiliate entry indicated). (Guerrero, Cristina) |
| Filing 1 COMPLAINT against All Defendants filed by JTH Tax, LLC. (Filing fee $402; Receipt number ATXNDC-13277209) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Cover Sheet) (Guerrero, Cristina) |
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