Fabrinet USA, Inc. v. Micatu, Inc.
Fabrinet USA, Inc. |
Micatu, Inc. |
5:2020cv00382 |
January 17, 2020 |
US District Court for the Northern District of California |
Virginia K DeMarchi |
Contract: Other |
28 U.S.C. § 1330 Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 47 NOTICE of Voluntary Dismissal (Stipulated Notice of Dismissal with Prejudice) by Fabrinet USA, Inc. (Miclean, David) (Filed on 9/25/2020) |
Filing 46 ORDER by Magistrate Judge Virginia K. DeMarchi granting #45 Stipulation for Temporary Stay of All Proceedings. Stipulated dismissal or joint status report due by 10/8/2020. (vkdlc2S, COURT STAFF) (Filed on 9/8/2020) |
Filing 45 STIPULATION WITH PROPOSED ORDER for a Temporary Stay on All Proceedings filed by Fabrinet USA, Inc.. (Miclean, David) (Filed on 9/4/2020) |
Filing 44 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Settlement Conference held on 9/3/2020 via Zoom meeting. Case settled. Dismissal to be filed by 10/8. Parties ask to vacate all court dates (hearing and cmc), and stay case pending dismissal. Attorneys for Plaintiff: David Miclean, Limin Zheng. Attorney for Defendant: Janine Crystal Ogando. FTR Time: Not reported. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 9/3/2020) |
Filing 43 REPLY (re #40 MOTION to Dismiss Amended Counterclaim ) filed byFabrinet USA, Inc.. (Miclean, David) (Filed on 8/28/2020) |
Filing 42 Proposed Summons. (Attachments: #1 Summons Proposed summons on Fabrinet Thailand, #2 Summons Proposed summons on Fabrinet West)(Ogando, Janine) (Filed on 8/24/2020) |
Filing 41 OPPOSITION/RESPONSE (re #40 MOTION to Dismiss Amended Counterclaim ) filed byMicatu, Inc.. (Attachments: #1 Exhibit RJN iso Opposition; Exh; Proposed Order)(Ogando, Janine) (Filed on 8/21/2020) |
Filing 40 MOTION to Dismiss Amended Counterclaim filed by Fabrinet USA, Inc.. Motion Hearing set for 9/15/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 8/21/2020. Replies due by 8/28/2020. (Miclean, David) (Filed on 8/7/2020) |
Filing 39 Amended ANSWER to Complaint with Jury Demand Affirmative Defenses, Amended COUNTERCLAIM of MICATU, INC. against All Plaintiffs byMicatu, Inc.. (Attachments: #1 Exhibit Exhibits A-C to Counter-Claim)(Ogando, Janine) (Filed on 7/24/2020) |
Filing 38 Micatu, Inc.'s ANSWER to Amended Complaint of Fabrinet USA, Inc., COUNTERCLAIM of MICATU, INC. against All Plaintiffs byMicatu, Inc.. (Attachments: #1 Counter-Claim of Micatu, Inc., #2 Exhibit Exhibits A-C to Counter-Claim)(Ogando, Janine) (Filed on 7/13/2020) |
Filing 37 NOTICE AND ORDER SETTING Settlement Conference for 9/3/2020, at 09:30 AM via Zoom meeting. Signed by Judge Nathanael Cousins on 7/6/2020. (Attachments: #1 Standing Order)(lmh, COURT STAFF) (Filed on 7/6/2020) |
Filing 36 CASE MANAGEMENT SCHEDULING ORDER; ORDER REFERRING CASE to Magistrate Judge Cousins for Settlement Conference to be held by 9/30/2020. Fact discovery cutoff: 10/13/2020. Deadline for Rule 26(a)(2) disclosures: 11/3/2020. Deadline for Rule 26(a)(2) rebuttal disclosures: 11/24/2020. Expert discovery cutoff: 12/22/2020. Last day for hearing on dispositive/Daubert motions: 2/16/2021. Final Pretrial Conference set for 4/7/2021 10:00 AM in San Jose, Courtroom 2, 5th Floor. Jury Trial set for 4/19/2021, 4/20/2021, 4/21/2021, 4/22/2021, 4/23/2021 09:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Signed by Magistrate Judge Virginia K. DeMarchi on 7/6/2020. (vkdlc2S, COURT STAFF) (Filed on 7/6/2020) Modified on 7/6/2020 (vkdlc2S, COURT STAFF). |
CASE REFERRED to Magistrate Judge Nathanael M. Cousins for Settlement. (vkdlc2S, COURT STAFF) (Filed on 7/6/2020) |
Filing 35 Notice of Agreement to Early Settlement Conference Magistrates by Micatu, Inc.. (Ogando, Janine) (Filed on 7/3/2020) Modified text on 7/6/2020 (dhmS, COURT STAFF). |
Filing 34 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Initial Case Management Conference held by Zoom on 6/30/2020. Court is issue written scheduling order. FTR Time: Zoom 1:29-1:45. Plaintiff Attorney: David Miclean and Limin Zheng. Defendant Attorney: Janine Ogando. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 6/30/2020) |
Filing 33 JOINT CASE MANAGEMENT STATEMENT filed by Fabrinet USA, Inc.. (Miclean, David) (Filed on 6/23/2020) |
Filing 32 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 6/30/2020 01:30 PM. Advance registration required: Counsel participating in the hearing must pre-register with Judge DeMarchis Courtroom Deputy 24 hours in advance of the hearing by emailing the names of counsel who will be participating in the hearing to VKDCRD@cand.uscourts.gov. All participating counsel must join the Zoom webinar 15 minutes before the start of the hearing to check in with the Courtroom Deputy.Counsel and any members of the public will join the webinar as attendees and be able to see and hear the proceedings but will not be able to actually participate in the proceedings until the Court switches them over to participant. Before each case is called, counsel who have pre-registered for the hearing will be converted from attendee to participant. Once the hearing ends, counsel will be switched back to attendee and may leave the Zoom webinar. Counsel and any members of the public may join the Zoom webinar hearing using the information below: For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ 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.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1613612647?pwd=YzN6dmFUTnpra21GeFRiKzlrZHJQUT09Meeting ID: 161 361 2647Password: 400873Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 6/30/2020 01:30 PM. (Related documents(s) 30 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Filed on 6/23/2020) |
Filing 31 ORDER by Magistrate Judge Virginia K. DeMarchi denying #18 Defendant's Motion to Dismiss First Amended Complaint and Alternative Motion for More Definite Statement. (vkdlc2S, COURT STAFF) (Filed on 6/22/2020) |
Filing 30 CLERK'S NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is continued to 6/30/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. The parties' Joint Case Management Statement is due by 6/23/2020. All other related deadlines set in the Court's Order Setting Initial Case Management Conference (Dkt. No. 3) are adjusted accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2S, COURT STAFF) (Filed on 5/13/2020) |
Filing 29 PROTECTIVE ORDER re #26 . Signed by Magistrate Judge Virginia K. DeMarchi. (vkdlc2S, COURT STAFF) (Filed on 5/13/2020) |
Filing 28 ORDER granting plaintiff's motion for entry of protective order. Signed by Magistrate Judge Virginia K. DeMarchi on 5/13/2020. (vkdlc2S, COURT STAFF) (Filed on 5/13/2020) |
Filing 27 INTERIM ORDER re #26 Motion for Protective Order. Defendant's response due by 5/11/2020. Signed by Magistrate Judge Virginia K. DeMarchi on 5/7/2020. (vkdlc2S, COURT STAFF) (Filed on 5/7/2020) |
Filing 26 STIPULATION WITH PROPOSED ORDER (Protective Order for Standard Litigation) filed by Fabrinet USA, Inc.. (Attachments: #1 Declaration of Limin Zheng in Support, #2 Exhibit A to Declaration of Limin Zheng)(Miclean, David) (Filed on 5/6/2020) |
Filing 25 CLERK'S NOTICE RE MAY 5, 2020 MOTION HEARING: Defendant's motion to dismiss, Dkt. No. #18 , is deemed suitable for determination without oral argument. Civ. L.R. 7-1(b). The May 5, 2020 motion hearing is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2S, COURT STAFF) (Filed on 4/28/2020) |
Filing 24 Certificate of Interested Entities by Micatu, Inc. (Ogando, Janine) (Filed on 4/20/2020) |
#Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #23 MOTION to Dismiss Reply of Micatu to Fabrinet Opp osition to filed by Micatu, Inc.. (dhmS, COURT STAFF) (Filed on 4/17/2020) |
Filing 23 Reply to Opposition to #18 Motion to Dismiss, or, in the alternative, for a More Definite Statement filed by Micatu, Inc.. Motion Hearing set for 5/5/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 4/9/2020. Replies due by 4/16/2020. (Ogando, Janine) (Filed on 4/16/2020) Modified on 4/17/2020 incorrect event selected when posting document (dhmS, COURT STAFF). |
Filing 22 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss for Lack of Jurisdiction or in alternative for a more definite statement ) filed byFabrinet USA, Inc.. (Miclean, David) (Filed on 4/9/2020) |
Filing 21 CLERK'S NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is continued to 6/2/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. The parties' Joint Case Management Statement is due by 5/26/2020. All other related deadlines set in the Court's Order Setting Initial Case Management Conference (Dkt. No. 3) are adjusted accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vkdlc2S, COURT STAFF) (Filed on 4/6/2020) |
Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Miclean, David) (Filed on 3/30/2020) |
Filing 19 Rule 7.1 Disclosures by Fabrinet USA, Inc. identifying Corporate Parent Fabrinet for Fabrinet USA, Inc.. (Miclean, David) (Filed on 3/30/2020) |
Filing 18 MOTION to Dismiss for Lack of Jurisdiction or in alternative for a more definite statement filed by Micatu, Inc.. Motion Hearing set for 5/5/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 4/9/2020. Replies due by 4/16/2020. (Attachments: #1 MPA ISO 12(b)(6) motion to dismiss, #2 Proposed Order (Ogando, Janine) (Filed on 3/26/2020) Modified text on 3/30/2020 (dhmS, COURT STAFF). |
Filing 17 STATUS REPORT (Joint Status Report Re: Defendant Micatu, Inc.'s Motion to Dismiss the Original Complaint) by Fabrinet USA, Inc.. (Miclean, David) (Filed on 3/23/2020) |
Filing 16 ORDER FOR STATUS REPORT. Status Report re #9 defendant's motion to dismiss due by 3/25/2020. Signed by Magistrate Judge Virginia K. DeMarchi on 3/20/2020. (vkdlc2S, COURT STAFF) (Filed on 3/20/2020) |
Filing 15 CLERK'S NOTICE Pandemic notice as to all matters pending before Magistrate Judge DeMarchi. Effective March 17 through April 30, 2020. This period may be extended by further order.Mandatory telephone appearances. In light of the current public health emergency all civil hearings and case management conference appearances set before Magistrate Judge DeMarchi will be conducted by telephone. Counsel shall arrange for appearance via CourtCall, 866-582-6878. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Filed on 3/17/2020) |
Filing 14 CLERK'S NOTICE Pandemic notice as to all matters pending before Magistrate Judge DeMarchi. Effective March 17 through April 30, 2020. This period may be extended by further order.Mandatory telephone appearances. In light of the current public health emergency all civil hearings and case management conferences appearances set before Magistrate Judge DeMarchi will be conducted by telephone. Counsel shall arrange for appearance via CourtCall, 866-582-6878. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Filed on 3/17/2020) |
Filing 13 AMENDED COMPLAINT (First Amended Complaint for Damages) against Micatu, Inc.. Filed byFabrinet USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miclean, David) (Filed on 3/11/2020) |
Filing 12 NOTICE of Change of Address by David James Miclean (Miclean Gleason LLP) (Miclean, David) (Filed on 3/5/2020) |
Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Micatu, Inc... (Ogando, Janine) (Filed on 2/28/2020) |
Filing 10 CLERK'S NOTICE Re: Consent or Declination: 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 3/5/2020. (pmcS, COURT STAFF) (Filed on 2/28/2020) |
Filing 9 First MOTION to Dismiss for Lack of Jurisdiction or in alternative for a more definite statement filed by Micatu, Inc.. Motion Hearing set for 4/7/2020 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 3/12/2020. Replies due by 3/19/2020. (Attachments: #1 MPA iso motion of Micatu to dismiss, #2 RJN iso motion of Micatu to dismiss, #3 Proposed Order Proposed Order granting motion to dismiss of micatu)(Ogando, Janine) (Filed on 2/27/2020) |
Filing 8 STIPULATION AND ORDER re #7 extending time for defendant to respond to complaint. Defendant's response due by 2/27/2020. Signed by Magistrate Judge Virginia K. DeMarchi. (vkdlc2S, COURT STAFF) (Filed on 2/6/2020) |
Filing 7 STIPULATION WITH PROPOSED ORDER (Stipulation to Extend Time for Defendant to Respond to Plaintiff's Complaint; [Proposed] Order filed by Fabrinet USA, Inc.. (Miclean, David) (Filed on 2/5/2020) |
Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fabrinet USA, Inc... (Miclean, David) (Filed on 1/30/2020) |
Filing 5 Summons Issued as to Micatu, Inc.. (dhmS, COURT STAFF) (Filed on 1/21/2020) |
Filing 4 Proposed Summons. (Miclean, David) (Filed on 1/17/2020) |
Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/14/2020. Initial Case Management Conference set for 4/21/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 1/17/2020) |
Filing 2 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 1/31/2020. (jmlS, COURT STAFF) (Filed on 1/17/2020) |
Filing 1 COMPLAINT for (1) Breach of Contract; (2) Action for Price Pursuant to UCC Sect. 2709 et seq.; and (3) Common Count for Open Book Account against Micatu, Inc. ( Filing fee $ 400, receipt number 0971-14083432.). Filed byFabrinet USA, Inc.. (Attachments: #1 Exhibit A to Complaint, #2 Civil Cover Sheet)(Miclean, David) (Filed on 1/17/2020) |
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Defendant: Micatu, Inc. | |
Represented By: | Janine Crystal Ogando |
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Plaintiff: Fabrinet USA, Inc. | |
Represented By: | David James Miclean |
Represented By: | Limin Zheng |
Represented By: | Danielle Marie Mihalkanin |
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