Feng v. ASC Therapeutics, Inc.
| Lan Feng |
| ASC Therapeutics, Inc. |
| 4:2022cv02154 |
| April 5, 2022 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Haywood S Gilliam |
| Other Statutes: False Claims Act |
| 31 U.S.C. ยง 3730 Qui Tam False Claims Act |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 OPPOSITION/RESPONSE (re #11 MOTION to Compel Arbitration and Dismiss Action Pursuant to F.R.C.P. Rule 12(b)(6) Or, In the Alternative Stay Proceedings; Memorandum of Points and Authorities ) Statement of Non-Opposition/Request to Stay Action filed byLan Feng. (Markevitch, David) (Filed on 4/26/2022) |
| Filing 14 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #13 . In the future when filing a re-notice of motion or amended notice of motion, the correct event to use is Re-Notice Motion located under Other Supporting Documents under the Motions and Related Filings category. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/13/2022) |
| Filing 13 Amended MOTION to Compel Arbitration and Dismiss Action Pursuant to F.R.C.P Rule 12(b)(6) Or, In The Alternative, Stay Proceedings filed by ASC Therapeutics, Inc.. Motion Hearing set for 9/8/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/27/2022. Replies due by 5/4/2022. (Nagatani, Brian) (Filed on 4/13/2022) |
| Filing 12 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #11 motion to compel arbitration and dismiss action. Hearing date of May 26, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. May 26th was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be e-filed after the motion is re-noticed. And if granted, the Court will advance the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/13/2022) |
| *** #13 Amended MOTION to Compel Arbitration and Dismiss Action Pursuant to F.R.C.P Rule 12(b)(6) Or, In The Alternative, Stay Proceedings Terminated. This Filing is an Amended Notice not an Amended Motion.*** (ndr, COURT STAFF) (Filed on 4/13/2022) |
| Reset Hearing as to #11 MOTION to Compel Arbitration and Dismiss Action Pursuant to F.R.C.P. Rule 12(b)(6) Or, In the Alternative Stay Proceedings ; See Docket No. #13 : Motion Hearing set for 9/8/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 4/13/2022) |
| Filing 11 MOTION to Compel Arbitration and Dismiss Action Pursuant to F.R.C.P. Rule 12(b)(6) Or, In the Alternative Stay Proceedings; Memorandum of Points and Authorities filed by ASC Therapeutics, Inc.. Motion Hearing set for 5/26/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/26/2022. Replies due by 5/3/2022. (Attachments: #1 Declaration Brian K. Nagatani, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Declaration Nan Sheng, #7 Exhibit Exhibit A, #8 Declaration Ruhong Jiang, #9 Proposed Order)(Nagatani, Brian) (Filed on 4/12/2022) |
| Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for July 5, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by June 28, 2022. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-02154-HSG. The July 5th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 4/12/2022) |
| Filing 9 CERTIFICATE OF SERVICE by ASC Therapeutics, Inc. re Standing Orders (Nagatani, Brian) (Filed on 4/11/2022) |
| Filing 8 Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk on 4/11/2022. (bw, COURT STAFF) (Filed on 4/11/2022) (bw, COURT STAFF). |
| Filing 7 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 4/11/2022) |
| Filing 6 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. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 4/8/2022) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ASC Therapeutics, Inc... (Nagatani, Brian) (Filed on 4/8/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/28/2022. Initial Case Management Conference set for 7/5/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 4/5/2022) |
| Filing 3 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2022. (bw, COURT STAFF) (Filed on 4/5/2022) |
| Filing 2 CERTIFICATE OF SERVICE by ASC Therapeutics, Inc. re #1 Notice of Removal, (Nagatani, Brian) (Filed on 4/5/2022) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 22CV393988. (Filing fee $402 receipt number ACANDC-17059211). Filed byASC Therapeutics, Inc.. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B. - State Court Summons and other related court documents, #3 Exhibit Ex C - State Court Answer, #4 Certification of Interested Entities or Persons, #5 Civil Cover Sheet)(Nagatani, Brian) (Filed on 4/5/2022) |
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| Plaintiff: Lan Feng | |
| Represented By: | Damion D. Robinson |
| Represented By: | David Markevitch |
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| Defendant: ASC Therapeutics, Inc. | |
| Represented By: | Brian Koji Nagatani |
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