Atneosen et al v. XPT, Inc. et al
| Steven Atneosen and Amer Akhtar |
| XPT, Inc., XPT Limited, NIO USA, Inc. and Nio Inc. |
| 4:2021cv05250 |
| July 7, 2021 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Lucy H Koh |
| Donna M Ryu |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 Declaration of David A. Lowe in Support of #51 Order on Motion to Remand, Order on Motion for Leave to File and Plaintiffs' Request for Attorney's Fees and Costs filed byAmer Akhtar, Steven Atneosen. (Attachments: #1 Proposed Order)(Related document(s) #51 ) (McElhinny, William) (Filed on 5/11/2022) |
| Filing 52 Certified copy of docket sheet and #51 remand order mailed to Santa Clara County Superior Court (slh, COURT STAFF) (Filed on 5/4/2022) |
Filing 51
ORDER by Magistrate Judge Donna M. Ryu granting #11 Plaintiffs' Motion to Remand. Signed on 5/3/2022. (dmrlc1, COURT STAFF) (Filed on 5/3/2022)
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| Filing 50 Joint Case Management Statement filed by Steven Atneosen. (McElhinny, William) (Filed on 2/23/2022) |
| Filing 49 CLERK'S NOTICE: Notice is hereby given to all parties that the Initial Case Management Conference set for 3/2/2022 01:30 PM in Oakland, - by videoconference is vacated. The court will reschedule the Initial Case Management Conference if deemed necessary after it decides the pending #11 Plaintiffs' Motion to Remand. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 2/23/2022) |
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Filing 48
ORDER by Magistrate Judge Donna M. Ryu granting #38 Stipulation extending time to respond to Complaint between Plaintiffs and Defendant Nio USA, Inc. (ig, COURT STAFF) (Filed on 2/22/2022)
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Filing 47
ORDER by Magistrate Judge Donna M. Ryu granting #35 Stipulation extending time to respond to Complaint between Plaintiffs and Defendant Nio Inc. (ig, COURT STAFF) (Filed on 2/22/2022)
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| Filing 46 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by XPT Limited, XPT, Inc... (Matthews, Leodis) (Filed on 2/22/2022) |
| Filing 45 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amer Akhtar, Steven Atneosen.. (McElhinny, William) (Filed on 2/17/2022) |
| Filing 44 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NIO USA, Inc... (McCoy, Daniel) (Filed on 2/17/2022) |
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Filing 43
ORDER by Magistrate Judge Donna M. Ryu granting #42 Deena Julia Greenberg Feit's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 2/16/2022)
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| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16906674.) filed by NIO USA, Inc.. (Attachments: #1 Certificate of Good Standing)(Feit, Deena) (Filed on 2/15/2022) |
| Filing 41 CLERK'S NOTICE TO PLAINTIFFS, DEFENDANTS XPT LIMITED, XPT INC. AND NIO USA, INC. Re: Consent or Declination: Plaintiffs Atneosen and Akhtar and Defendants XPT Limited, XPT Inc., and NIO USA, Inc. 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 2/21/2022. (ig, COURT STAFF) (Filed on 2/14/2022) |
| Filing 40 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nio Inc... (Milstead, Virginia) (Filed on 2/11/2022) |
| Filing 39 CLERK'S NOTICE TO DEFENDANT NIO INC. Re: Consent or Declination: On 1/5/2022 the parties filed a Stipulation on election for assignment to Magistrate Judge Donna M. Ryu for all purposes #28 but it was not signed by Defendant Nio Inc. Defendant Nio Inc. 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 2/14/2022. (ig, COURT STAFF) (Filed on 2/7/2022) |
| Filing 38 STIPULATION WITH PROPOSED ORDER Extending Time To Respond to Complaint filed by NIO USA, Inc.. (McCoy, Daniel) (Filed on 2/7/2022) |
| Filing 37 NOTICE by Nio Inc. Consent to Removal (Milstead, Virginia) (Filed on 2/3/2022) |
| Filing 36 Certificate of Interested Entities by Nio Inc. identifying Other Affiliate Tencent Holdings Ltd. for Nio Inc.. (Milstead, Virginia) (Filed on 2/3/2022) |
| Filing 35 STIPULATION WITH PROPOSED ORDER Extending Time to Respond to Complaint filed by Nio Inc.. (Milstead, Virginia) (Filed on 2/3/2022) |
| Filing 34 STIPULATION re 33 Clerk's Notice, Util - Teleconference Zoom, #11 MOTION to Remand Plaintiffs' Motion to Remand filed by XPT Limited. (Matthews, Leodis) (Filed on 2/3/2022) |
| Filing 33 CLERK'S NOTICE: Notice is hereby given to all parties that an Initial Case Management Conference has been set for 3/2/2022 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. This proceeding will be held via a Zoom webinar. Parties shall file a Joint Case Management Conference Statement by 2/23/2022. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/dmr 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/. (ig, COURT STAFF) (Filed on 1/13/2022) |
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Filing 32
ORDER REASSIGNING CASE. Signed by Judge Richard Seeborg on 1/12/2022. (ecg, COURT STAFF) (Filed on 1/12/2022)
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| Case Reassigned to Magistrate Judge Donna M. Ryu. Judge Lucy H. Koh no longer assigned to the case. (ecg, COURT STAFF) (Filed on 1/12/2022) |
| Filing 31 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS AND CORPORATE DISCLOSURE STATEMENT filed by NIO USA, Inc. identifying Corporate Parent NIO Inc. for NIO USA, Inc.. (McCoy, Daniel) (Filed on 1/6/2022) |
| Filing 30 Magistrate Judge Susan Van Keulen has been randomly assigned to case as Referral Judge re #29 Order of Recusal. [ Please note this is a text entry only.] (bw, COURT STAFF) (Filed on 1/6/2022) |
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Filing 29
ORDER OF RECUSAL. Signed by Magistrate Judge Virginia K. DeMarchi on 1/6/2022. (vkdlc2, COURT STAFF) (Filed on 1/6/2022)
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| Filing 28 STIPULATION ON ELECTION FOR ASSIGNMENT TO MAGISTRATE JUDGE DONNA RYU FOR ALL PURPOSES filed by XPT Limited.. (Matthews, Leodis) (Filed on 1/5/2022) Modified on 2/7/2022 (tn, COURT STAFF). |
| Filing 27 NOTICE of Appearance by Daniel James McCoy for Defendant NIO USA, Inc. (McCoy, Daniel) (Filed on 1/5/2022) |
| Filing 26 You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021) |
| Filing 25 Declaration of Leodis Matthews in Support of #1 Notice of Removal, filed byXPT Limited, XPT, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #1 ) (Matthews, Leodis) (Filed on 12/13/2021) |
| Filing 24 CLERK'S NOTICE VACATING DECEMBER 16, 2021 HEARING on #11 MOTION to Remand. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ked, COURT STAFF) (Filed on 12/13/2021) |
| Filing 23 WAIVER OF SERVICE Returned Executed filed by XPT, Inc.. Service waived by XPT, Inc. waiver sent on 12/6/2021, answer due 2/4/2022. (Matthews, Leodis) (Filed on 12/7/2021) |
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Filing 22
CASE MANAGEMENT SCHEDULING ORDER:. Signed by Judge Lucy H. Koh on 10/7/2021. (lhklc3, COURT STAFF) (Filed on 10/7/2021)
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| ***Set/Reset Hearings per #22 Case Management Order:Further Case Management Conference set for February 9, 2022 at 2:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Hearing on Dispositive Motions set for December 1, 2022 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Final Pretrial Conference set for January 26, 2023 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Jury/Bench Trial (5 days) set for February 20, 2023 at 9:00 AM each day in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 10/7/2021) |
| Filing 21 JOINT CASE MANAGEMENT STATEMENT filed by XPT Limited. (Matthews, Leodis) (Filed on 10/6/2021) |
| Filing 20 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (L.R. 3-15) FILED by Amer Akhtar, Steven Atneosen (McElhinny, William) (Filed on 10/4/2021) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Matthews, Leodis) (Filed on 9/23/2021) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options with Plaintiff Amer Akhtar (McElhinny, William) (Filed on 9/22/2021) |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options with Plaintiff Steven Atneosen (McElhinny, William) (Filed on 9/22/2021) |
| Filing 16 OPPOSITION/RESPONSE (re #15 MOTION for Leave to File Surreply ) filed byAmer Akhtar, Steven Atneosen. (Attachments: #1 Declaration of William P. McElhinny, #2 Proposed Order)(McElhinny, William) (Filed on 9/13/2021) |
| Filing 15 MOTION for Leave to File Surreply filed by XPT Limited. (Attachments: #1 Declaration of Leodis C. Matthews, #2 Supplement Proposed Surreply, #3 Proposed Order)(Matthews, Leodis) (Filed on 9/7/2021) |
| Filing 14 OBJECTION TO REPLY EVIDENCE re #13 Reply to Opposition/Response filed by XPT Limited. (Attachments: #1 Declaration of Leodis C. Matthews, #2 Proposed Order)(Matthews, Leodis) (Filed on 9/7/2021) |
| Filing 13 REPLY (re #11 MOTION to Remand Plaintiffs' Motion to Remand ) filed byAmer Akhtar, Steven Atneosen. (McElhinny, William) (Filed on 8/30/2021) |
| Filing 12 OPPOSITION/RESPONSE (re #11 MOTION to Remand Plaintiffs' Motion to Remand ) filed byXPT Limited. (Attachments: #1 Declaration of Alan Zeng, #2 Declaration of Leodis Matthews, #3 Proposed Order)(Matthews, Leodis) (Filed on 8/23/2021) |
| Filing 11 MOTION to Remand Plaintiffs' Motion to Remand filed by Amer Akhtar, Steven Atneosen. Motion Hearing set for 12/16/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 8/23/2021. Replies due by 8/30/2021. (Attachments: #1 Declaration Declaration of Steven Atneosen iso Motion for Remand, #2 Declaration Declaration of Amer Akhtar iso Motion for Remand, #3 Declaration Declaration of William P. McElhinny iso Motion for Remand, #4 Proposed Order Proposed Order Granting Motion for Remand)(Lowe, David) (Filed on 8/9/2021) |
| Filing 10 CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for October 13, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 7/13/2021) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 7/13/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/13/2021)
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| Filing 8 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. (pmcS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amer Akhtar, Steven Atneosen.. (Lowe, David) (Filed on 7/12/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amer Akhtar, Steven Atneosen.. (Lowe, David) (Filed on 7/12/2021) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/5/2021. Initial Case Management Conference set for 10/12/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 7/8/2021) |
| Filing 4 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 7/22/2021. (mbcS, COURT STAFF) (Filed on 7/8/2021) |
| Filing 3 Certificate of Interested Entities by XPT Limited re #1 Notice of Removal, (Matthews, Leodis) (Filed on 7/7/2021) |
| Filing 2 Civil Cover Sheet by XPT Limited . (Matthews, Leodis) (Filed on 7/7/2021) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 21CV381535. (Filing fee $402 receipt number 0971-16153831). Filed byXPT Limited. (Attachments: #1 Declaration of Leodis C. Matthews)(Matthews, Leodis) (Filed on 7/7/2021) |
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