Tongsui LLC et al v. LeCocoLove LLC et al
| Tongsui LLC, Zijing Wang and LeCoco LLC |
| Lan Zou and LeCocoLove LLC |
| 4:2021cv02806 |
| April 19, 2021 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 47 First Amended Complaint per ECF 46 with Jury Demand against All Defendants. Filed byTongsui LLC, Zijing Wang. (Attachments: #1 Exhibit A-H)(Liu, Zheng) (Filed on 8/5/2021) Modified on 8/6/2021 (bnsS, COURT STAFF). |
Filing 46
ORDER by Magistrate Judge Donna M. Ryu denying #33 Defendants' Motion to Dismiss for Lack of Jurisdiction; #38 Plaintiffs' Motion to Strike; #42 Plaintiffs' Administrative Motion to Strike; #17 Plaintiffs' Motion to Strike; #18 Plaintiffs' Motion to Dismiss; #23 Plaintiffs' Motion for Judgment on the Pleadings. Plaintiffs shall file an amended complaint by 8/18/2021. Case Management Statement due by 10/27/2021. Initial Case Management Conference CONTINUED to 11/3/2021 at 1:30 PM. Signed on 8/4/2021. (dmrlc1S, COURT STAFF) (Filed on 8/4/2021)
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| Filing 45 DECLARATION of Zheng Liu in Opposition to #44 Reply to Opposition/Response filed byTongsui LLC, Zijing Wang. (Related document(s) #44 ) (Liu, Zheng) (Filed on 7/23/2021) |
| Filing 44 REPLY (re #33 MOTION to Dismiss for Lack of Jurisdiction ) filed byLeCocoLove LLC, Lan Zou. (Mu, Shengmao) (Filed on 7/14/2021) |
| Filing 43 OPPOSITION/RESPONSE (re #42 ADMINISTRATIVE MOTION strike Defendants' unauthorized surreply re #41 Response ) filed byLeCocoLove LLC, Lan Zou. (Attachments: #1 Declaration Mu, #2 Exhibit A)(Mu, Shengmao) (Filed on 7/13/2021) Modified on 7/14/2021 (bnsS, COURT STAFF). |
| Filing 42 ADMINISTRATIVE MOTION strike Defendants' unauthorized surreply re #41 Response filed by Tongsui LLC, Zijing Wang. Responses due by 7/16/2021. (Liu, Zheng) (Filed on 7/12/2021) |
| #Electronic filing error. REMINDER: Counsel is instructed that all future filings needs to say Oakland Division instead of San Jose Division. Corrected by Clerk's Office. No f urther action is necessary. Re: #41 Response filed by LeCocoLove LLC, Lan Zou (bnsS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 41 Response re #40 Declaration in Opposition byLeCocoLove LLC, Lan Zou. (Attachments: #1 Declaration Mu)(Mu, Shengmao) (Filed on 7/9/2021) Modified on 7/12/2021 (bnsS, COURT STAFF). |
| Filing 40 DECLARATION of Zheng Liu in Opposition to #39 Opposition/Response to Motion, filed byTongsui LLC, Zijing Wang. (Related document(s) #39 ) (Guo, Jingyi) (Filed on 7/8/2021) |
| Filing 39 OPPOSITION/RESPONSE (re #38 MOTION to Strike #33 MOTION to Dismiss for Lack of Jurisdiction in part and #33 Declaration of Lan Zou in its entirety ) filed byLeCocoLove LLC, Lan Zou. (Attachments: #1 Lan Zou Declaration-Amended)(Mu, Shengmao) (Filed on 7/8/2021) Modified on 7/9/2021 (bnsS, COURT STAFF). |
| Filing 38 MOTION to Strike #33 MOTION to Dismiss for Lack of Jurisdiction in part and #33 Declaration of Lan Zou in its entirety filed by Tongsui LLC, Zijing Wang. Motion Hearing set for 8/12/2021 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 7/22/2021. Replies due by 7/29/2021. (Attachments: #1 Exhibit)(Guo, Jingyi) (Filed on 7/8/2021) |
| Filing 37 OPPOSITION/RESPONSE (re #33 MOTION to Dismiss for Lack of Jurisdiction ) filed byTongsui LLC, Zijing Wang. (Liu, Zheng) (Filed on 7/6/2021) |
| Filing 36 CLERK'S NOTICE: Notice is hereby given to all parties that the hearings on Plaintiff's Motion to Strike #17 , Motion to Dismiss #18 , and Motion for Judgment on the Pleadings #23 , and Defendants' Motion to Dismiss #33 have been CONTINUED to 8/12/2021 at 1:00 PM. The initial case management conference is also CONTINUED to 8/12/2021 at 1:00 PM. The parties' joint CMC statement is due by 8/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1S, COURT STAFF) (Filed on 6/23/2021) |
| Filing 35 REPLY (re #18 MOTION to Dismiss under FRCP 12(b)(6) and (9)(b) ) filed byTongsui LLC, Zijing Wang. (Guo, Jingyi) (Filed on 6/21/2021) |
| Filing 34 OPPOSITION/RESPONSE (re #23 MOTION for Judgment on the Pleadings ) filed byLeCocoLove LLC, Lan Zou. (Mu, Shengmao) (Filed on 6/17/2021) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction filed by LeCocoLove LLC, Lan Zou. Motion Hearing set for 7/22/2021 01:00 PM in Oakland, - Telephonic Only before Magistrate Judge Donna M. Ryu. Responses due by 6/30/2021. Replies due by 7/7/2021. (Attachments: #1 Declaration Lan Zou Decl, #2 Proposed Order)(Mu, Shengmao) (Filed on 6/16/2021) |
| Filing 32 REPLY (re #17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, ) filed byTongsui LLC, Zijing Wang. (Liu, Zheng) (Filed on 6/16/2021) |
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Filing 31
Order by Magistrate Judge Donna M. Ryu granting #30 Stipulation. Replies due by 6/15/2021.(mllS, COURT STAFF) (Filed on 6/11/2021)
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| Filing 30 STIPULATION WITH PROPOSED ORDER re #17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, , #24 Opposition/Response to Motion filed by Tongsui LLC, Zijing Wang, LeCocoLove LLC and Lan Zou. (Liu, Zheng) (Filed on 6/10/2021) Modified on 6/11/2021 (bnsS, COURT STAFF). |
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Filing 29
Order: The court has reviewed the parties' stipulation regarding the briefing schedule for Plaintiff's Motion to Strike #28 . The stipulation contains numerous errors. These include referring to the briefing for both the Motion to Strike and Plaintiffs' Motion to Dismiss, even though the Motion to Dismiss is not at issue in the stipulation. The stipulation also refers to Plaintiffs' opposition to the Motion to Strike where Plaintiffs are the moving party. Accordingly, the stipulation is denied without prejudice. Signed by Magistrate Judge Donna M. Ryu on 6/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1S, COURT STAFF) (Filed on 6/9/2021) Modified on 6/9/2021 (dmrlc1S, COURT STAFF).
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| Filing 28 STIPULATION WITH PROPOSED ORDER re #17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, , #24 Opposition/Response to Motion filed by Tongsui LLC, Zijing Wang. (Liu, Zheng) (Filed on 6/9/2021) |
| Set/Reset Deadlines as to #23 MOTION for Judgment on the Pleadings . Motion Hearing set for 7/22/2021 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. (jjoS, COURT STAFF) (Filed on 6/8/2021) |
| Filing 27 Renotice motion hearing re #23 MOTION for Judgment on the Pleadings filed byTongsui LLC. (Related document(s) #23 ) (Guo, Jingyi) (Filed on 6/7/2021) |
| Filing 26 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss under FRCP 12(b)(6) and (9)(b) ) filed byLeCocoLove LLC, Lan Zou. (Mu, Shengmao) (Filed on 6/7/2021) |
| Filing 25 CLERK'S NOTICE: Plaintiffs Motion for Judgment on the Pleadings [Docket No. 23] was noticed for hearing on less than 35 days notice in violation of Local Rule 7-2(a). The 7-8-2021 hearing date is VACATED. Plaintiff shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a) and Magistrate Judge Donna M. Ryu's Standing Order. The briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jjoS, COURT STAFF) (Filed on 6/7/2021) |
| Filing 24 OPPOSITION/RESPONSE (re #17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, ) filed byLeCocoLove LLC, Lan Zou. (Mu, Shengmao) (Filed on 6/5/2021) |
| Filing 23 MOTION for Judgment on the Pleadings filed by Tongsui LLC. Responses due by 6/18/2021. Replies due by 6/25/2021. (Attachments: #1 Exhibits to Plaintiff's Motion for Partial Judgment on the Pleading)(Guo, Jingyi) (Filed on 6/4/2021) Modified on 6/7/2021 (bnsS, COURT STAFF). |
| Filing 22 Renotice motion hearing re #18 MOTION to Dismiss under FRCP 12(b)(6) and (9)(b) filed byTongsui LLC. (Related document(s) #18 ) (Guo, Jingyi) (Filed on 5/24/2021) |
| Filing 21 Renotice motion hearing re #17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, filed byTongsui LLC. (Related document(s) #17 ) (Guo, Jingyi) (Filed on 5/24/2021) |
| Filing 20 CLERK'S NOTICE: Plaintiff's motion to strike Defendants' sole affirmative defense #17 and Plaintiffs'/Counter-Defendants' motion to dismiss Defendants'/Counter-Claimants' Counter Claims #18 were noticed for hearing on a date that is not an available hearing date on Magistrate Judge Donna M. Ryu's calendar. The 6/29/2021 01:00 PM hearing date is VACATED. Plaintiffs/Counter-Defendants shall re-notice (not re-file) the motions for a hearing in compliance with Local Rule 7-2(a) and Judge Ryu's Standing Order. The briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/24/2021). |
| #Electronic filing error. REMINDER: No title Page. Exhibits e-filed separately and not as an attachment, requires a title page. Please refer to Civil Local Rules 3-4 re first page requirement. [err201] No further action is necessary. Re: #19 Exhibits filed by Tongsui LLC, Zijing Wang. (cjlS, COURT STAFF) (Filed on 5/24/2021) |
| Reset Hearing as to #17 Motion to Strike Defendants' sole affirmative defense; #18 Motion to Dismiss Counterclaims under FRCP 12(b)(6) and (9)(b). Motion Hearing set for 7/8/2021 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 5/24/2021) |
| Filing 19 EXHIBITS re #18 MOTION to Dismiss under FRCP 12(b)(6) and (9)(b) filed byTongsui LLC, Zijing Wang. (Related document(s) #18 ) (Liu, Zheng) (Filed on 5/22/2021) |
| Filing 18 MOTION to Dismiss under FRCP 12(b)(6) and (9)(b) filed by Tongsui LLC, Zijing Wang. Motion Hearing set for 6/29/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 6/7/2021. Replies due by 6/14/2021. (Liu, Zheng) (Filed on 5/22/2021) |
| Filing 17 MOTION to Strike #15 Answer to Complaint,, Counterclaim, filed by Tongsui LLC, Zijing Wang. Motion Hearing set for 6/29/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 6/4/2021. Replies due by 6/11/2021. (Liu, Zheng) (Filed on 5/21/2021) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by LeCocoLove LLC, Lan Zou.. (Mu, Shengmao) (Filed on 5/20/2021) |
| Filing 15 ANSWER to Complaint with Jury Demand , COUNTERCLAIM with Jury Demand against Tongsui LLC, Zijing Wang byLeCocoLove LLC, Lan Zou. (Attachments: #1 Exhibit Membership Interest Purchase Agreement, #2 Exhibit WeChat communications)(Mu, Shengmao) (Filed on 5/20/2021) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tongsui LLC, Zijing Wang.. (Guo, Jingyi) (Filed on 5/19/2021) |
| Filing 13 CLERK'S SECOND NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 6/2/2021. (dtmS, COURT STAFF) (Filed on 5/19/2021) |
| Filing 12 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 5/18/2021. (ig, COURT STAFF) (Filed on 5/4/2021) |
| Filing 11 SUMMONS Returned Executed by Tongsui LLC, Zijing Wang. Lan Zou served on 4/29/2021 (Guo, Jingyi) (Filed on 4/30/2021) |
| Filing 10 SUMMONS Returned Executed by Tongsui LLC, Zijing Wang. LeCocoLove LLC served on 4/29/2021 (Guo, Jingyi) (Filed on 4/30/2021) |
| #Electronic filing error. REMINDER: No title Page. Summons Returned Executed e-filed separately and not as an attachment, requires a title page. Please refer to Civil Local Rules 3-4 re first page requirement. [err201] Re: #8 Summons Returned Executed filed by Tongsui LLC, Zijing Wang, #9 Summons Returned Executed filed by Tongsui LLC, Zijing Wang. (cjlS, COURT STAFF) (Filed on 4/30/2021) |
| Filing 9 SUMMONS Returned Executed by Tongsui LLC, Zijing Wang. Lan Zou served on 4/29/2021, answer due 5/20/2021. (Guo, Jingyi) (Filed on 4/29/2021) |
| Filing 8 SUMMONS Returned Executed by Tongsui LLC, Zijing Wang. LeCocoLove LLC served on 4/29/2021, answer due 5/20/2021. (Guo, Jingyi) (Filed on 4/29/2021) |
| Filing 7 REPORT on the filing of an action regarding trademark infringement. (cc: form mailed to register). (Guo, Jingyi) (Filed on 4/21/2021) Modified on 4/22/2021 (cjlS, COURT STAFF). |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 4/20/2021) |
| Filing 5 Summons Issued as to LeCocoLove LLC, Lan Zou. (jmlS, COURT STAFF) (Filed on 4/20/2021) |
| #Electronic filing error. Please complete and file the Report on the filing or determination of an action regarding a patent or trademark, AO 120 (Rev. 08/10) (CAND version 7/18) form. Re: #1 Complaint, filed by Tongsui LLC, Zijing Wang (jmlS, COURT STAFF) (Filed on 4/20/2021) |
| Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 5/3/2021. (haS, COURT STAFF) (Filed on 4/19/2021) |
| Filing 3 Proposed Summons. (Guo, Jingyi) (Filed on 4/19/2021) |
| Filing 2 Civil Cover Sheet by Tongsui LLC, Zijing Wang . (Guo, Jingyi) (Filed on 4/19/2021) |
| Filing 1 COMPLAINT for damages and injunctive relief against All Defendants with jury demand ( Filing fee $ 402, receipt number 0971-15856188.). Filed by Tongsui LLC, Zijing Wang. (Attachments: #1 Exhibit Exhibits to the Complaint)(Guo, Jingyi) (Filed on 4/19/2021) Modified on 4/20/2021 (jmlS, COURT STAFF). |
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