Yu v. ByteDance Inc. et al
| Yintao Yu |
| ByteDance Inc. and Shuyi (Selene) Gao |
| 3:2023cv04910 |
| September 25, 2023 |
| US District Court for the Northern District of California |
| Susan Illston |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| Defendant |
Docket Report
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| Filing 34 Supplemental Brief re #32 Order on Administrative Motion per Civil Local Rule 7-11 Sur-Reply filed byYintao Yu. (Attachments: #1 Declaration of Yintao Yu in Support of Sur-Reply, #2 Declaration of Beth Chrisman in Support of Sur-Reply, #3 Declaration of Jaime Dorenbaum Pursuant to Civil L.R. 5-1(d)(5))(Related document(s) #32 ) (Dorenbaum, Jaime) (Filed on 11/14/2023) |
| Filing 33 CLERK'S NOTICE CONTINUING MOTION HEARING & SETTING ZOOM REGISTRATION: The Motion to Compel Arbitration #14 Hearing is CONTINUED TO 12/1/2023 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.MANDATORY ZOOM REGISTRATION: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/22/2023 at 2 pm.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/1/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 11/13/2023). (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 32
ORDER GRANTING PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE SUR-REPLY granting in part and denying in part #29 Administrative Motion. (Illston, Susan) (Filed on 11/8/2023)
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| Filing 31 AMENDED DOCUMENT by ByteDance Inc.. Amendment to #28 Objection, Amended Objection to Declaration of Beth Chrisman in Support of Opposition to Motion to Compel Arbitration. (Guzman, Anthony) (Filed on 11/8/2023) |
| Filing 30 AMENDED DOCUMENT by ByteDance Inc.. Amendment to #27 Objection, Amended Objection to Declaration of David A. Lowe in Support of Opposition to Motion to Compel Arbitration. (Guzman, Anthony) (Filed on 11/8/2023) |
| Filing 29 ADMINISTRATIVE MOTION to Strike Defendants' Objections to the Declarations of David A. Lowe and Beth Chrisman or, in the Alternative, for Permission to File a Surreply to Defendants' Motion to Compel Arbitration re #27 Objection, #28 Objection, filed by Yintao Yu. Responses due by 11/13/2023. (Attachments: #1 Declaration of Jaime Dorenbaum in Support of Administrative Motion, #2 Proposed Order Proposed Order Granting Motion)(Dorenbaum, Jaime) (Filed on 11/8/2023) |
| Filing 28 OBJECTIONS to re #14 Petition to Compel Arbitration, Objection to Expert Declaration of Beth Chrisman in Support of Plaintiffs Opposition to Motion to Compel Arbitration by ByteDance Inc.. (Thompson, Charles) (Filed on 10/27/2023) Modified on 10/30/2023 (slh, COURT STAFF). |
| Filing 27 OBJECTIONS to re #14 Petition to Compel Arbitration,, Defendants Objection to Declaration of David A. Lowe in Support of Plaintiffs Opposition to Motion to Compel Arbitration by ByteDance Inc. (Thompson, Charles) (Filed on 10/27/2023) Modified on 10/30/2023 (slh, COURT STAFF). |
| Filing 26 REPLY in Support (re #19 MOTION to Amend/Correct #14 Petition to Compel Arbitration) filed by ByteDance Inc.. (Attachments: #1 Declaration of Dr. Linton Mohammed in Support of Motion to Compel Arbitration, #2 Certificate/Proof of Service)(Thompson, Charles) (Filed on 10/27/2023) Modified on 10/30/2023 (slh, COURT STAFF). |
| Filing 25 OPPOSITION/RESPONSE (re #19 MOTION to Amend/Correct #14 Petition to Compel Arbitration, ) filed byYintao Yu. (Attachments: #1 Request for Judicial Notice in Support of Opposition, #2 Declaration Declaration of Beth Chrisman in Support of Opposition, #3 Declaration Declaration of David A. Lowe in Support of Opposition, #4 Declaration Declaration of Yintao Yu in Support of Opposition)(Dorenbaum, Jaime) (Filed on 10/20/2023) |
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Filing 24
Order by Judge Susan Illston granting #22 Administrative Motion to Remove Incorrectly filed document [14-2].(ec, COURT STAFF) (Filed on 10/16/2023)
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| Filing 23 DEMAND for Trial by Jury by ByteDance Inc.. (Thompson, Charles) (Filed on 10/10/2023) |
| Filing 22 ADMINISTRATIVE MOTION and Proposed Order to Remove Incorrectly file Document (Restrict ECF 14-2) re #14 Petition to Compel Arbitration, Declaration of Dr. Linton Mohammed Dkt 14-2 filed by ByteDance Inc.. Responses due by 10/13/2023. (Bloch, David) (Filed on 10/9/2023) Modified on 10/10/2023 (slh, COURT STAFF). |
| Filing 21 REDACTION to #14 Petition to Compel Arbitration, Redacted Declaration of Dr. Linton Mohammed Dkt 14-2 by ByteDance Inc.. (Bloch, David) (Filed on 10/9/2023) |
| Filing 20 CERTIFICATE OF SERVICE by Yintao Yu re #13 Clerk's Notice,,,, Util - Teleconference Zoom,,, Certificate of Service of Initial Case Management Guideline and Clerk's Notice on Reassignment (Barnes, Page) (Filed on 10/6/2023) |
| Filing 19 MOTION to Amend/Correct #14 Petition to Compel Arbitration, filed by ByteDance Inc.. Motion Hearing set for 11/17/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 10/20/2023. Replies due by 10/27/2023. (Guzman, Anthony) (Filed on 10/6/2023) |
| Filing 18 CLERK'S NOTICE SETTING ZOOM HEARING & REGISTRATION: The Motion Hearing to Compel Arbitration set for 11/17/2023 at 10:00 AM will be held by Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si MANDATORY ZOOM REGISTRATION: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/8/2023 at 2 pm.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 11/17/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/6/2023). (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 17 AMENDED DOCUMENT by ByteDance Inc.. Amendment to #14 Petition to Compel Arbitration, Amended Notice of Motion to Compel Arbitration. (Guzman, Anthony) (Filed on 10/6/2023) |
| Filing 16 Proposed Order re #14 Petition to Compel Arbitration, by ByteDance Inc.. (Guzman, Anthony) (Filed on 10/6/2023) |
| Filing 15 CLERK'S NOTICE: The Hearing Date for the Petition to Compel Arbitration #14 is incorrect. Counsel are instructed to review the Local Rules regarding Noticing Motion dates and to reset the hearing for an appropriate date allowing proper notice. Counsel are instructed to review the Judge's Scheduling Notes prior to setting the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 10/6/2023) |
| #Electronic filing error. Re: #17 Amended Document filed by ByteDance Inc., re #14 Petition to Compel Arbitration filed by ByteDance Inc.. Incorrect event used. [err101]. This filing will not be processed by the clerks office. Please re-file in its entirety by using "Civil Events > Motions > Related Filings > Motions General > (select event) COMPEL". (tn, COURT STAFF) (Filed on 10/6/2023) |
| Filing 14 PETITION to Compel Arbitration against Yintao Yu (filing fee $402, receipt number ACANDC-18713175). Filed byByteDance Inc.. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Dr. Linton Mohammed - removed per #24 Order. See docket #21 , #3 Declaration of Linlin Fan, #4 Declaration of Shuyi (Selene) Gao, #5 Declaration of Charles Thompson, #6 Declaration of Meili Wu, #7 Declaration of Jinmei Xiao)(Guzman, Anthony) (Filed on 10/5/2023) (Attachment 2 replaced on 10/18/2023) (wsn, COURT STAFF). |
| Filing 13 INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENTWebinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 1/5/2023. Initial Case Management Conference set for 1/12/2024 02:30 PM in San Francisco, - Videoconference Only. (ec, COURT STAFF) (Filed on 10/5/2023) |
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Filing 12
Order by Judge Susan Illston granting (25) Motion to Relate Case in case 3:23-cv-00707-SI.Associated Cases: 3:23-cv-00707-SI, 3:23-cv-03503-SI, 3:23-cv-04910-SI(ec, COURT STAFF) (Filed on 10/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston 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 10/5/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 10/5/2023)
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| Filing 10 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 10/5/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ByteDance Inc... (Thompson, Charles) (Filed on 10/4/2023) |
| Filing 8 ADMINISTRATIVE MOTION Consider whether cases should be related , MOTION to Relate Case filed by ByteDance Inc.. Responses due by 10/2/2023. (Attachments: #1 Certificate/Proof of Service)(Bloch, David) (Filed on 9/28/2023) |
| Filing 7 Certificate of Interested Entities by Shuyi (Selene) Gao re #1 Notice of Removal, (Ryan, Demery) (Filed on 9/28/2023) |
| Filing 6 Certificate of Interested Entities by ByteDance Inc. identifying Corporate Parent ByteDance Ltd. for ByteDance Inc.. (Guzman, Anthony) (Filed on 9/28/2023) |
| #Electronic filing error re: #4 Certificate of Interested Entities filed by ByteDance Inc. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. (slh, COURT STAFF) (Filed on 9/28/2023) |
| Filing 5 CERTIFICATE OF SERVICE by ByteDance Inc. re #1 Notice of Removal, [Amended] (Guzman, Anthony) (Filed on 9/26/2023) |
| Filing 4 Certificate of Interested Entities by ByteDance Inc. (Guzman, Anthony) (Filed on 9/26/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/2/2024. Initial Case Management Conference set for 1/9/2024 at 01:30 PM in Oakland, Courtroom to be determined. (slh, COURT STAFF) (Filed on 9/26/2023) |
| Filing 2 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 10/10/2023. (ark, COURT STAFF) (Filed on 9/26/2023) |
| #Electronic filing error re: #1 -2 Certification of Conflicts and Interested Parties filed by Shuyi (Selene) Gao, ByteDance Inc. Document should be filed as a separate entry. Re-file this document using Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures and when prompted, enter all affiliates and/or corporate parents. (slh, COURT STAFF) (Filed on 9/26/2023) |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-23-608845. (Filing fee $402 receipt number ACANDC-18677326). Filed byShuyi (Selene) Gao, ByteDance Inc.. (Attachments: #1 Civil Cover Sheet, #2 Certification of Conflicts and Interested Parties, #3 Certificate/Proof of Service)(Guzman, Anthony) (Filed on 9/25/2023) |
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