Chen v. Zhang et al
| May Chen |
| Eagle Trading USA LLC, Xiyan Zhang and Ameriway Corporation |
| 4:2024cv03942 |
| June 30, 2024 |
| U.S. District Court for the Northern District of California |
| Jon S Tigar |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on November 27, 2024. A more recent docket listing may be available from PACER.
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Filing 23
CLERK'S NOTICE CONTINUING MOTION HEARING. Motion Hearing date of 10/24/2024 is VACATED due to the date being unavailable. Reset Motion Hearing as to #9 Notice of Motion and Motion for Leave to File First Amended Complaint for 10/31/2024 02:00 PM - Videoconference Only before Judge Jon S. Tigar. 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/jst Court Appearances: 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than 10/30/2024 at 2:00PM PST.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/. (dms, COURT STAFF) (Filed on 8/14/2024) (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 22
REPLY (re #9 Notice of Motion and Motion for Leave to File First Amended Complaint ) filed by May Chen. (Attachments: #1 Exhibit 1)(Chen, Quynh) (Filed on 8/7/2024) Modified on 8/8/2024 (anj, COURT STAFF).
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Filing 21
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing Re: #9 set for 10/24/2024 02:00 PM - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar. The briefing schedule remains in effect. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than 10/23/2024 at 2:00PM PST.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dms, COURT STAFF) (Filed on 8/5/2024)
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Filing 20
Renotice motion hearing re #9 Notice of Motion and Motion for Leave to File First Amended Complaint filed byMay Chen. (Related document(s) #9 ) (Chen, Quynh) (Filed on 8/2/2024)
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Filing 19
OPPOSITION/RESPONSE (re #9 Notice of Motion and Motion for Leave to File First Amended Complaint ) filed by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang. (Attachments: #1 Exhibit A, #2 Declaration of Brian Yates, #3 Declaration of Xiyan Zhang)(Yates, Brian) (Filed on 7/31/2024) Modified on 8/1/2024 (anj, COURT STAFF).
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Filing 18
RESPONSE TO ORDER TO SHOW CAUSE by May Chen . (Chen, Quynh) (Filed on 7/31/2024)
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Filing 17
ORDER TO SHOW CAUSE RE: FAILURE TO FILE OPPOSITION. Signed by Judge Jon S. Tigar on 7/29/2024. Show Cause Response due by 8/5/2024. (dms, COURT STAFF) (Filed on 7/29/2024)
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Filing 16
ORDER by Judge Jon S. Tigar granting #12 Motion for Pro Hac Vice as to Pete Wolfgram. (dms, COURT STAFF) (Filed on 7/24/2024)
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Filing 15
CLERKS NOTICE SETTING ZOOM HEARING. Joint Case Management Statement due by 10/22/2024. Initial Case Management Conference set for 10/29/2024 02:00 PM - Videoconference Only. 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/jst Court Appearances: 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jstcrd@cand.uscourts.gov no later than 10/28/2024 at 2:00PM PST.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/. (dms, COURT STAFF) (Filed on 7/23/2024)
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Filing 14
MOTION for leave to appear in Pro Hac Vice (Corrected) ( Filing fee $ 328, receipt number ACANDC-19637891.) Filing fee previously paid on July 20, 2024 filed by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang. (Attachments: #1 Exhibit Certificate of Good Standing)(Wolfgram, Pete) (Filed on 7/23/2024)
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Filing 13
ORDER REASSIGNING CASE.Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar 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 07/19/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(kxo, COURT STAFF) (Filed on 7/19/2024)
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Filing 12
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19637891.) filed by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang. (Attachments: #1 Exhibit Certificate of good standing)(Wolfgram, Pete) (Filed on 7/19/2024)
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Filing 11
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 7/18/2024)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang.. (Yates, Brian) (Filed on 7/18/2024)
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Filing 9
Notice of Motion and Motion for Leave to File First Amended Complaint filed by May Chen. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Declaration of Quynh Chen with Exhibits 2-5, #3 Proposed Order)(Chen, Quynh) (Filed on 7/17/2024) Modified on 7/18/2024 (anj, COURT STAFF).
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Filing 8
CLERK'S NOTICE Re: Consent or Declination: Plaintiff and 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 7/24/2024. (wft, COURT STAFF) (Filed on 7/17/2024)
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Filing 7
Renotice motion hearing re #5 MOTION to Dismiss the Complaint MOTION to Transfer Case to the Southern District of New York to September 19, 2024 filed by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang. (Related document(s) #5 ) (Yates, Brian) (Filed on 7/10/2024) Modified on 7/11/2024 (anj, COURT STAFF).
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Filing 6
CLERK'S NOTICE: Notice is hereby given that counsel must RE-NOTICE not re- file #5 MOTION to Dismiss the Complaint, MOTION to Transfer Case to the Southern District of New York. Hearing date of 9/20/2024 is advanced to to 9/19/2024 01:30 PM in Oakland, before Magistrate Judge Kandis A. Westmore this proceeding will be held via a Zoom webinar. Resetting is due to the original hearing date being set on a non-law & motion calendar. The briefing schedule remains in effect. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/kaw 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/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 7/8/2024)
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Filing 5
MOTION to Dismiss the Complaint, MOTION to Transfer Case to the Southern District of New York filed by Ameriway Corporation, Eagle Trading USA LLC, Xiyan Zhang. Motion to Dismiss Hearing set for 9/20/2024 01:30 PM in Do Not Use Videoconference Only. Responses due by 7/22/2024. Replies due by 7/29/2024. Motion Hearing set for 9/20/2024 01:30 PM in Do Not Use Videoconference Only before Magistrate Judge Kandis A. Westmore. (Attachments: #1 Proposed Order granting the Motion, #2 Declaration of Pete Wolfgram, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Yates, Brian) (Filed on 7/6/2024) Modified on 7/8/2024 (anj, COURT STAFF).
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/24/2024. Initial Case Management Conference set for 10/1/2024 01:30 PM in Oakland, - Videoconference Only. (anj, COURT STAFF) (Filed on 7/2/2024)
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Filing 3
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 7/15/2024. (cjl, COURT STAFF) (Filed on 7/1/2024)
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Filing 2
***DISREGARD ENTRY SEE DOCKET ENTRY 3 *** Case assigned 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 7/15/2024. (cjl, COURT STAFF) (Filed on 7/1/2024) Modified on 7/1/2024 (cjl, COURT STAFF).
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Filing 1
NOTICE OF REMOVAL from Superior Court of California County of Alameda. Their case number is 23CV057758. (Filing fee $405 receipt number ACANDC-19571727). Filed by Eagle Trading USA LLC, Ameriway Corporation, Xiyan Zhang. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Yates, Brian) (Filed on 6/30/2024)
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