Huang v. HFC Semiconductor Corp.
| Xiaohua Huang |
| HFC Semiconductor Corp. |
| 4:2023cv05584 |
| October 30, 2023 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| Haywood S Gilliam |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 29
ORDER by Judge Haywood S. Gilliam, Jr. Granting #27 Motion for Pro Hac Vice for Daniel J. Schwartz. (ndr, COURT STAFF) (Filed on 12/27/2023)
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| Filing 28 CLERK'S NOTICE SETTING A TELEPHONIC CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Telephonic Case Management Conference has been set for, before JudgJanuary 30, 2024 e Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by Janaury 23rd. 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 4:23-cv-05584-HSG. The January 30, 2024 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.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 12/27/2023) |
| Filing 27 MOTION for leave to appear in Pro Hac Vice for Daniel J. Schwartz ( Filing fee $ 328, receipt number ACANDC-18972748.) filed by HFC Semiconductor Corp.. (Schwartz, Daniel) (Filed on 12/27/2023) |
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Filing 26
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr 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 no longer assigned to case. Reassignment Order signed by Clerk on 12/26/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 12/27/2023)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 25 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (amk, COURT STAFF) (Filed on 12/27/2023)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) |
| Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HFC Semiconductor Corp... (Huntington, Erin) (Filed on 12/27/2023) |
| Filing 23 THIRD CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 1/4/2024. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 12/21/2023)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 22
ORDER by Magistrate Judge Virginia K. DeMarchi conditionally granting #19 defendant's motion for extension of time to respond to complaint. (vkdlc2, COURT STAFF) (Filed on 12/18/2023)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 21 OPPOSITION/RESPONSE (re #19 MOTION for Extension of Time to File Answer re #12 Amended Complaint ) filed byXiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Huang, Xiaohua) (Filed on 12/17/2023) |
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Filing 20
ORDER: Pursuant to Civil Local Rule 6-3(b), by December 18, 2023, plaintiff Xiaohua Huang shall file his response to #19 defendant HFC Semiconductor Corp.'s motion to extend to time respond to the first amended complaint. It is so ordered. Signed by Judge Virginia K. DeMarchi on 12/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2, COURT STAFF) (Filed on 12/15/2023)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 19 MOTION for Extension of Time to File Answer re #12 Amended Complaint filed by HFC Semiconductor Corp.. (Attachments: #1 Declaration of E. Huntington, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proposed Order)(Huntington, Erin) (Filed on 12/14/2023) |
| Filing 18 ERRATA re #12 Amended Complaint by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit)(Huang, Xiaohua) (Filed on 12/14/2023) |
| Filing 17 NOTICE of Appearance by Erin Tsitidis Huntington (Huntington, Erin) (Filed on 12/14/2023) |
| Filing 16 SUMMONS Returned Executed by Xiaohua Huang. (Huang, Xiaohua) (Filed on 12/11/2023) |
| #Electronic filing error. ***The date of service listed on the Proof of Service (10/19/2023 at 3:17 PM) does not match the date of service entered on the docket/filing (10/17/2023) Please re-file in its entirety, with the correct date of service*** Re: #15 Summons Returned Executed filed by Xiaohua Huang (krp, COURT STAFF) (Filed on 12/8/2023) |
| Filing 15 SUMMONS Returned Executed by Xiaohua Huang. HFC Semiconductor Corp. served on 10/17/2023, answer due 11/7/2023. (Huang, Xiaohua) (Filed on 12/7/2023) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Xiaohua Huang.. (Huang, Xiaohua) (Filed on 12/5/2023) |
| Filing 13 SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 12/19/2023. 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.) (amk, COURT STAFF) (Filed on 12/5/2023)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) |
| Filing 12 AMENDED COMPLAINT against HFC Semiconductor Corp.. Filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit)(Huang, Xiaohua) (Filed on 12/4/2023) |
| #Electronic filing error. ***As a reminder, please remember to include the name of the court, and the case number for future filings. This case is now within the U.S. District Court for the Northern District of California, San Jose Division, case number 5:23-cv-05584-VKD. Re: #11 Amended Complaint filed by Xiaohua Huang (krp, COURT STAFF) (Filed on 12/4/2023) |
| Filing 11 AMENDED COMPLAINT against HFC Semiconductor Corp.. Filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit)(Huang, Xiaohua) (Filed on 12/1/2023) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 11/14/2023. (amk, COURT STAFF) (Filed on 10/31/2023)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) |
| Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/23/2024. Initial Case Management Conference set for 1/30/2024 01:30 PM in San Jose, Courtroom 2, 5th Floor. (krp, COURT STAFF) (Filed on 10/30/2023)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) |
| Filing 8 Case transferred in from District of Florida Middle; Case Number 8:23-cv-02186. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
ORDERED: This action is transferred to the Northern District of California, San Francisco Division. The Clerk is directed to immediately transfer this action to the Northern District of California, San Francisco Division, and close this file. Signed by Judge Charlene Edwards Honeywell on 10/27/2023. (MMS)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to show cause filed by Xiaohua Huang. (AA) |
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Filing 5
ORDERED: Plaintiff Xiaohua Huang is directed to SHOW CAUSE as to why the Court should not transfer this action to the United States District Court for the Northern District of New York. Plaintiff must file a written response within FOURTEEN (14) DAYS of the date of this order. Failure to file a written response within the time provided will result in this action being transferred to the United States District Court for the Northern District of New York. Signed by Judge Charlene Edwards Honeywell on 10/20/2023. (MMS)
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| Filing 4 SUMMONS issued as to HFC Semiconductor Corp. (LNR) |
| FEES Paid by Xiaohua Huang (Filing fee $402.00, Receipt Number TPA69281). (AA) |
| Filing 3 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAB) |
| Filing 2 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (CAB) |
| Filing 1 COMPLAINT against HFC Semiconductor Corp. with Jury Demand filed by Xiaohua Huang. Filing fee: Not paid. No IFP motion filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Proposed Summons)(AA) Modified text on 9/29/2023 (AA). |
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| Plaintiff: Xiaohua Huang | |
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| Defendant: HFC Semiconductor Corp. | |
| Represented By: | Daniel Joel Schwartz |
| Represented By: | Erin Tsitidis Huntington |
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