Abittan v. Chao et al
| Ariel Abittan |
| Lily Chao, Damien Ding, Eian Labs Inc., Damien Leung, Yuting Chen, Temujin Labs inc. a Cayman Corporation, Tiffany Chen, Temujin Labs inc. a Delaware Corporation and Temujin Labs Inc. |
| 5:2020cv09340 |
| December 24, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Other Fraud |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 140
ORDER GRANTING #137 Application for Admission of Attorney Jingjing Ye Pro Hac Vice representing Defendants. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 5/2/2022)
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Filing 139
Order granting #138 Discovery Letter Brief, staying depositions of Chao and Ding until further order of this Court, entered by Magistrate Judge Nathanael M. Cousins. The stay is based on the pending motions and the global mediation being planned in State Court. Joint status update is ordered to be filed by July 29, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 138 Joint Discovery Letter Regarding Depositions of Individual Defendants filed by Lily Chao, Damien Ding. (Hansen, Craig) (Filed on 5/2/2022) Modified on 5/3/2022 (slh, COURT STAFF). |
| Filing 137 MOTION of Jingjing Ye for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17112140) filed by Lily Chao, Damien Ding, Temujin Labs Inc., Temujin Labs Inc. (Ye, Jingjing) (Filed on 4/22/2022) Modified on 4/25/2022 (slh, COURT STAFF). |
| Filing 136 NOTICE of Change of Address by Craig Alan Hansen Notice of Change of Suite Number (Hansen, Craig) (Filed on 4/12/2022) |
| Filing 135 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference and motion hearing held on 3/30/2022 via Zoom webinar. Motion for Leave to File an Amended Complaint, Dkt. #129 , taken under submission. Further CMC set for 8/24/2022, at 10:00 AM by telephone, with joint update due 8/17/2022. Attorneys for Plaintiff: Constantine Economides, Brianna Pierce. Attorney for Defendants: Craig Hansen. Zoom recording: 1:10pm - 1:24pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/30/2022) |
| Filing 134 JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT; [PROPOSED] ORDER filed by Ariel Abittan. (Economides, Constantine) (Filed on 3/23/2022) |
| Filing 133 REPLY (re #129 MOTION for Leave to File an Amended Complaint ) filed byAriel Abittan. (Pierce, Brianna) (Filed on 3/16/2022) |
| Filing 132 OPPOSITION/RESPONSE (re #129 MOTION for Leave to File an Amended Complaint ) filed byTemujin Labs Inc.(a Cayman Corporation ). (Hansen, Craig) (Filed on 3/9/2022) |
| Filing 131 CLERKS NOTICE SETTING ZOOM HEARING. Please take notice the Hearing re: Motion for Leave to File Amended Complaint, Dkt. #129 , and Case Management Conference are reset for 3/30/2022, at 01:00 PM before Judge Nathanael M. Cousins. Joint update due by 3/23/2022. 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/nc 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.) (lmh, COURT STAFF) (Filed on 2/24/2022) |
| Filing 130 Declaration of Constantine P. Economides in Support of #129 MOTION for Leave to File an Amended Complaint filed byAriel Abittan. (Related document(s) #129 ) (Economides, Constantine) (Filed on 2/23/2022) |
| Filing 129 MOTION for Leave to File an Amended Complaint filed by Ariel Abittan. (Attachments: #1 Exhibit A, #2 Proposed Order)(Economides, Constantine) (Filed on 2/23/2022) |
| Filing 128 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lily Chao, Damien Ding, Eian Labs Inc., Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ).. (Hansen, Craig) (Filed on 2/14/2022) |
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Filing 127
ORDER DIRECTING Individual Defendants to File Consent/Declination Form by February 14, 2022. The CMC scheduled for February 9 is continued to March 2, 2022, at 10:00 AM by telephone. Signed by Judge Nathanael M. Cousins on 2/7/2022. (lmh, COURT STAFF) (Filed on 2/7/2022)
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Filing 126
Order denying #121 Motion to Stay entered by Magistrate Judge Nathanael M. Cousins. Upon consideration of the Colorado River abstention factors, and the tangle of lawsuits among the parties pending in multiple state and federal courts, the Court is not persuaded that a stay of this case would be efficient or in the interest of justice. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 125 JOINT CASE MANAGEMENT STATEMENT filed by Ariel Abittan. (Pierce, Brianna) (Filed on 2/2/2022) |
| Filing 124 REPLY in Support (re #121 MOTION to Stay) filed by Ariel Abittan. (Economides, Constantine) (Filed on 2/2/2022) |
| Filing 123 OPPOSITION/RESPONSE (re #121 MOTION to Stay ) filed byTemujin Labs Inc.(a Cayman Corporation ). (Hansen, Craig) (Filed on 1/26/2022) |
| Filing 122 Declaration of Constantine P. Economides in Support of #121 MOTION to Stay filed byAriel Abittan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #121 ) (Economides, Constantine) (Filed on 1/12/2022) |
| Filing 121 NOTICE OF MOTION AND MOTION TO STAY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Ariel Abittan. Motion Hearing set for 2/16/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 1/26/2022. Replies due by 2/2/2022. (Attachments: #(1) [Proposed] Order)(Economides, Constantine) (Filed on 1/12/2022) |
| #Electronic filing error re: #120 MOTION to Dismiss NOTICE OF JOINDER OF THE INDIVIDUAL DEFENDANTS IN DEFENDANT TEMUJIN LABS INC., A CAYMAN CORPORATION'S MOTION TO DISMISS COMPLAINT (DKT NO. 109) filed by Damien Ding, Lily Chao. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slh, COURT STAFF) (Filed on 12/17/2021) |
| Filing 120 Notice of Joinder re Temujin Labs Inc. (a Cayman Corporation) #109 MOTION to Dismiss by Lily Chao, Damien Ding. (Greene, Collin) (Filed on 12/15/2021) Modified on 12/17/2021 (slh, COURT STAFF). |
| Filing 119 CERTIFICATE OF SERVICE by Ariel Abittan re #3 Initial Case Management Scheduling Order with ADR Deadlines, #113 Order on Motion for Miscellaneous Relief, #1 Complaint, #7 Summons Issued UPON DAMIEN DING (A/K/A DAMIEN LEUNG, A/K/A TAO DING) (Pierce, Brianna) (Filed on 12/9/2021) |
| Filing 118 CERTIFICATE OF SERVICE by Ariel Abittan re #3 Initial Case Management Scheduling Order with ADR Deadlines, #113 Order on Motion for Miscellaneous Relief, #1 Complaint, #7 Summons Issued UPON LILY CHAO (A/K/A TIFFANY CHEN, A/K/A YUTING CHEN) (Pierce, Brianna) (Filed on 12/9/2021) |
| Filing 117 CLERK'S NOTICE VACATING hearing re: #109 Defendants' Motion to Dismiss set for 12/15/2021, at 01:00 PM. The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/9/2021) |
| Filing 116 CLERK'S NOTICE CONTINUING Initial Case Management Conference set for 12/8/2021 to 2/9/2022, at 10:00 AM by telephone. Updated Case Management Statement due by 2/2/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/2/2021) |
| Filing 115 INITIAL JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT; [PROPOSED] ORDER filed by Ariel Abittan. (Economides, Constantine) (Filed on 12/1/2021) |
| Filing 114 REPLY (re #109 MOTION to Dismiss ) filed byTemujin Labs Inc.(a Cayman Corporation ). (Greene, Collin) (Filed on 11/29/2021) |
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Filing 113
ORDER GRANTING Extension of Time and Alternative Service of Process for Defendants Chao and Ding. Re: Dkt. No. #83 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/24/2021)
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| Filing 112 OPPOSITION/RESPONSE (re #109 MOTION to Dismiss ) filed byAriel Abittan. (Attachments: #1 Declaration of Constantine P. Economides, #2 Exhibit A, #3 Exhibit B)(Economides, Constantine) (Filed on 11/22/2021) |
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Filing 111
ORDER GRANTING #110 STIUPLATION CONTINUE CMC. Case Management Conference set for 11/17/2021 is continued to 12/8/2021, at 10:00 AM. Case Management Statement due by 12/1/2021. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/15/2021)
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| Filing 110 STIPULATION WITH PROPOSED ORDER TO CONTINUE CMC filed by Lily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Attachments: #1 Declaration Declaration of Craig A. Hansen)(Greene, Collin) (Filed on 11/10/2021) |
| Filing 109 NOTICE OF MOTION AND MOTION to Dismiss Complaint; Memorandum of Points and Authorities in Support Thereof filed by Temujin Labs Inc.(a Cayman Corporation ). Motion Hearing set for 12/15/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 11/22/2021. Replies due by 11/29/2021. (Attachments: #1 Declaration Declaration of Stephen C. Holmes and Exhibits 1-2, #2 Exhibit Request for Judicial Notice, #3 [Proposed] Order) (Greene, Collin) (Filed on 11/8/2021) |
| Filing 108 NOTICE of Appearance by Brianna K Pierce (Pierce, Brianna) (Filed on 11/3/2021) |
| Filing 107 CLERK'S NOTICE VACATING Hearing Re: #83 Plaintiff's Motion for Order Allowing Alternative Method of Service set for 11/10/2021, at 01:00 PM. The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/1/2021) |
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Filing 106
ORDER GRANTING #104 Notice of Withdrawal as Counsel for Defendants. Signed by Judge Nathanael M. Cousins on 10/27/2021. (lmh, COURT STAFF) (Filed on 10/27/2021)
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Filing 105
ORDER RE: #98 Notice of Change In Counsel filed by Damien Ding, Lily Chao, Temujin Labs Inc. Signed by Judge Nathanael M. Cousins on 10/27/2021. (lmh, COURT STAFF) (Filed on 10/27/2021)
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| Filing 104 NOTICE by Lily Chao, Damien Ding, Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ) OF WITHDRAWAL OF COUNSEL (and request to be removed from ECF notice list) (Kass, Lawrence) (Filed on 10/27/2021) |
| Filing 103 REPLY (re #83 MOTION for Alternative Service ) filed byAriel Abittan. (Economides, Constantine) (Filed on 10/25/2021) |
| Filing 102 NOTICE of Appearance by Philip Eugene Yeager (Yeager, Philip) (Filed on 10/20/2021) |
| Filing 101 NOTICE of Appearance by Collin Dane Greene (Greene, Collin) (Filed on 10/20/2021) |
| Filing 100 NOTICE of Appearance by Stephen C. Holmes (Holmes, Stephen) (Filed on 10/20/2021) |
| Filing 99 OPPOSITION/RESPONSE (re #83 MOTION for Alternative Service ) filed byLily Chao, Damien Ding. (Holmes, Stephen) (Filed on 10/18/2021) |
| Filing 98 NOTICE of Change In Counsel by Craig Alan Hansen (Hansen, Craig) (Filed on 10/15/2021) |
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Filing 97
AMENDED ORDER GRANTING #94 Stipulation to Extend Time to Respond to Motion. Signed by Judge Nathanael M. Cousins on 10/6/2021. (lmhS, COURT STAFF) (Filed on 10/6/2021)
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Filing 96
ORDER GRANTING #94 Stipulation to Extend Time to Respond to Motion. Signed by Judge Nathanael M. Cousins. (lmhS, COURT STAFF) (Filed on 10/6/2021)
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Filing 95
Order granting #91 Motion for Extension of Time to Answer (to 10/29/21), for good cause shown, entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Reset Deadlines as to #83 Motion for Alternative Service: Defendants' opposition due 10/18/2021. Plaintiff's reply due 10/25/2021. Hearing set for 11/10/2021, at 01:00 PM before Magistrate Judge Nathanael M. Cousins. (lmhS, COURT STAFF) (Filed on 10/6/2021) |
| Filing 94 STIPULATION AND [PROPOSED] ORDER to Extend Time to Respond to Motion filed by Lily Chao, Damien Ding. (Attachments: #1 Declaration Meroney in Support Of)(Kass, Lawrence) (Filed on 10/4/2021) |
| Filing 93 REPLY (re #91 First MOTION for Extension of Time to File Answer ) filed byLily Chao, Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ). (Attachments: #1 Declaration of Millicent S. Meroney in support of Reply)(Kass, Lawrence) (Filed on 10/1/2021) |
| Filing 92 OPPOSITION/RESPONSE (re #91 First MOTION for Extension of Time to File Answer ) filed byAriel Abittan. (Attachments: #1 Declaration Declaration of Constantine P. Economides, #2 Exhibit A)(Economides, Constantine) (Filed on 10/1/2021) |
| Filing 91 First MOTION for Extension of Time to File Answer filed by Lily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Attachments: #1 Declaration Meroney in Support Of)(Kass, Lawrence) (Filed on 9/30/2021) |
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Filing 90
ORDER GRANTING #89 Stipulation and Joint Request to Continue. Case Management Conference set for 10/6/2021, is continued to 11/17/2021, at 10:00 AM by telephone. Case Management Statement due by 11/10/2021. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/29/2021)
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| Filing 89 STIPULATION AND JOINT REQUEST OUT OF TIME TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER re 79 Clerk's Notice - Jointly Requesting to Continue Case Management Conference filed by Lily Chao, Damien Ding. (Attachments: #1 Declaration iso Stipulation and Joint Request to Continue Case Management Conference)(Kass, Lawrence) (Filed on 9/29/2021) |
| Filing 88 NOTICE of Substitution of Counsel by Lawrence Tucker Kass and [Proposed Order] (Kass, Lawrence) (Filed on 9/29/2021) |
| Filing 87 Declaration of Kirsten Lee Soares in Support of #83 MOTION FOR AN ORDER ALLOWING DEFENDANTS LILY CHAO AND DAMIEN DING TO BE SERVED (1) THROUGH COUNSEL, (2) THROUGH TEMUJIN LABS INC. (DELAWARES) REGISTERED AGENT, (3) BY TEXT, OR (4) BY PUBLICATION filed by Ariel Abittan. (Related document(s) #83 ) (Economides, Constantine) (Filed on 9/20/2021) |
| Filing 86 Declaration of Abraham Abittan in Support of #83 MOTION FOR AN ORDER ALLOWING DEFENDANTS LILY CHAO AND DAMIEN DING TO BE SERVED (1) THROUGH COUNSEL, (2) THROUGH TEMUJIN LABS INC. (DELAWARES) REGISTERED AGENT, (3) BY TEXT, OR (4) BY PUBLICATION filed by Ariel Abittan. (Related document(s) #83 ) (Economides, Constantine) (Filed on 9/20/2021) |
| Filing 85 Declaration of Ariel Abittan in Support of #83 MOTION FOR AN ORDER ALLOWING DEFENDANTS LILY CHAO AND DAMIEN DING TO BE SERVED (1) THROUGH COUNSEL, (2) THROUGH TEMUJIN LABS INC. (DELAWARES) REGISTERED AGENT, (3) BY TEXT, OR (4) BY PUBLICATION filed by Ariel Abittan. (Attachments: #1 Exhibit A)(Related document(s) #83 ) (Economides, Constantine) (Filed on 9/20/2021) |
| Filing 84 Declaration of Constantine P. Economides in Support of #83 MOTION FOR AN ORDER ALLOWING DEFENDANTS LILY CHAO AND DAMIEN DING TO BE SERVED (1) THROUGH COUNSEL, (2) THROUGH TEMUJIN LABS INC. (DELAWARES) REGISTERED AGENT, (3) BY TEXT, OR (4) BY PUBLICATION filed by Ariel Abittan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #83 ) (Economides, Constantine) (Filed on 9/20/2021) |
| Filing 83 MOTION FOR AN ORDER ALLOWING DEFENDANTS LILY CHAO AND DAMIEN DING TO BE SERVED (1) THROUGH COUNSEL, (2) THROUGH TEMUJIN LABS INC. (DELAWARES) REGISTERED AGENT, (3) BY TEXT, OR (4) BY PUBLICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Ariel Abittan. Motion Hearing set for 10/27/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 10/4/2021. Replies due by 10/12/2021. (Attachments: #1 [Proposed] Order)(Economides, Constantine) (Filed on 9/20/2021) |
| Filing 82 CERTIFICATE OF SERVICE by Ariel Abittan re #1 Complaint, #7 Summons Issued UPON LILY CHAO (A/K/A TIFFANY CHEN, A/K/A YUTING CHEN) (Economides, Constantine) (Filed on 9/20/2021) |
| Filing 81 CERTIFICATE OF SERVICE by Ariel Abittan re #1 Complaint, #7 Summons Issued UPON TEMUJIN LABS INC. (A CAYMAN CORPORATION) (Economides, Constantine) (Filed on 9/13/2021) |
| Filing 80 CERTIFICATE OF SERVICE by Ariel Abittan re #1 Complaint, #7 Summons Issued UPON DAMIEN DING (A/K/A DAMIEN LEUNG, A/K/A TAO DING) (Economides, Constantine) (Filed on 9/13/2021) |
| Filing 79 CLERK'S NOTICE CONTINUING Further Case Management Conference set for 7/28/2021, to 10/6/2021, at 10:00 AM, by telephone, with joint update due by 9/29/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/19/2021) |
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Filing 78
ORDER GRANTING Temujin Labs, Inc. (Delaware)'s Motion to Dismiss without leave to amend. Re: ECF #36 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 7/19/2021)
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Filing 77
Order granting #53 Motion to Dismiss entered by Magistrate Judge Nathanael M. Cousins. The Court finds service of process insufficient. Plaintiff is granted an extension to 9/20/2021 to serve the moving defendants. If service not made, the complaint will be dismissed without prejudice under FRCP 4. [The preceding gavel Order as to Dkt. No. 36 is withdrawn, as it mistakenly referred to the wrong MTD]. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 76
Order granting #36 Motion to Dismiss entered by Magistrate Judge Nathanael M. Cousins. The Court finds service of process insufficient. Plaintiff is granted an extension to 9/20/2021 to serve the moving defendants. If service not made, the complaint will be dismissed without prejudice under FRCP 4. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 75 NOTICE of Change In Counsel by Jennifer Corinne Bretan (Bretan, Jennifer) (Filed on 7/12/2021) |
| Filing 74 Declaration of Yuting Chen in Support of #72 Reply to Opposition/Response, filed byLily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Related document(s) #72 ) (Bretan, Jennifer) (Filed on 7/9/2021) |
| Filing 73 Declaration of Jennifer C. Bretan in Support of #72 Reply to Opposition/Response, Reply Declaration Of Jennifer C. Bretan In Support Of Individual Defendants' And Temujin Labs Inc. (Cayman)'s Motion To Dismiss Or In the Alternative Quash Service Of Summons and Exhibit A filed byLily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Related document(s) #72 ) (Bretan, Jennifer) (Filed on 7/9/2021) |
| Filing 72 REPLY (re #53 MOTION to Dismiss Individual Defendants' And Temujin Labs Inc. (Cayman)'s Notice Of Motion And Motion To Dismiss Or In The Alternative Quash Service Of Summons; Memorandum Of Points And Authorities In Support Thereof ) filed byLily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Bretan, Jennifer) (Filed on 7/9/2021) |
| Filing 71 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options of Temujin Labs Inc. (Delaware) (Bretan, Jennifer) (Filed on 7/7/2021) |
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Filing 70
ORDER DENYING #68 Administrative Motion to Continue Case Management Conference entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/6/2021)
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| Filing 69 Declaration of Felix S. Lee in Support of #68 ADMINISTRATIVE MOTION To Continue Case Management Conference And Associated Deadlines re 67 Clerk's Notice,,,,, Util - Teleconference Zoom,,,,, Set Motion and Deadlines/Hearings,,,, filed byTemujin Labs Inc.(a Delaware Corporation ). (Related document(s) #68 ) (Lee, Felix) (Filed on 7/2/2021) |
| Filing 68 ADMINISTRATIVE MOTION To Continue Case Management Conference And Associated Deadlines re 67 Clerk's Notice,,,,, Util - Teleconference Zoom,,,,, Set Motion and Deadlines/Hearings,,,, filed by Temujin Labs Inc.(a Delaware Corporation ). Responses due by 7/6/2021. (Attachments: #1 Proposed Order Granting Administrative Motion To Continue Case Management Conference And Associated Deadlines)(Bretan, Jennifer) (Filed on 7/2/2021) |
| Filing 67 CLERK'S NOTICE SETTING ZOOM HEARING. Case Management Conference set for 7/7/2021, is continued to 7/28/2021, at 01:00 PM, with the hearing re: #53 Individual Defendants' and Temujin Labs Inc. (Cayman)'s Motion to Dismiss, or in the alternative Motion to Quash Service of the Summons. Case Management Statement due by 7/21/2021. 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/nc 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.)(lmh, COURT STAFF) (Filed on 6/28/2021) |
| Filing 66 RESPONSE TO ORDER TO SHOW CAUSE by Temujin Labs Inc.(a Delaware Corporation ) Declaration of Guanghua Liang and Consent of Eian Labs Inc. To Magistrate Jurisdiction. (Bretan, Jennifer) (Filed on 6/18/2021) |
| Filing 65 RESPONSE TO ORDER TO SHOW CAUSE by Ariel Abittan . (Economides, Constantine) (Filed on 6/18/2021) |
| Filing 64 Declaration of Christina Larkin in Support of #61 Opposition/Response to Motion, filed byAriel Abittan. (Attachments: #1 Exhibit 1- confirmation of delivery)(Related document(s) #61 ) (Economides, Constantine) (Filed on 6/18/2021) |
| Filing 63 Declaration of Ariel Abittan in Support of #61 Opposition/Response to Motion, filed byAriel Abittan. (Attachments: #1 Exhibit 1- Text Message from January 15, 2018)(Related document(s) #61 ) (Economides, Constantine) (Filed on 6/18/2021) |
| Filing 62 Declaration of Constantine P. Economides in Support of #61 Opposition/Response to Motion, filed byAriel Abittan. (Attachments: #1 Exhibit A- Affidavits of Due Diligence (Chao), #2 Exhibit B- Affidavits of Due Diligence (Ding), #3 Exhibit C- Proofs of Service, #4 Exhibit D- Affidavit)(Related document(s) #61 ) (Economides, Constantine) (Filed on 6/18/2021) |
| Filing 61 OPPOSITION/RESPONSE (re #53 MOTION to Dismiss Individual Defendants' And Temujin Labs Inc. (Cayman)'s Notice Of Motion And Motion To Dismiss Or In The Alternative Quash Service Of Summons; Memorandum Of Points And Authorities In Support Thereof ) filed byAriel Abittan. (Economides, Constantine) (Filed on 6/18/2021) |
| Filing 60 RESPONSE re #38 Request for Judicial Notice, #49 Opposition/Response to Motion Defendant Temujin Labs Inc. (Delaware)'s Reply Memorandum Of Points And Authorities In Support Of Request For Judicial Notice And Notice Of Documents Incorporated By Reference In Support Of Motion To Dismiss Complaint by Temujin Labs Inc.(a Delaware Corporation ). (Bretan, Jennifer) (Filed on 6/18/2021) |
| Filing 59 REPLY (re #36 MOTION to Dismiss ) Defendant Temujin Labs Inc. (Delaware)'s Reply Memorandum Of Point And Authorities In Support Of Motion To Dismiss Complaint filed byTemujin Labs Inc.(a Delaware Corporation ). (Bretan, Jennifer) (Filed on 6/18/2021) |
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Filing 58
ORDER TO SHOW CAUSE Whether a Nominal Defendant Must Consent to Jurisdiction. The parties must respond to this order within seven days, by 6/18/2021. Alternatively, the parties may obtain Eian Labs consent or declination to magistrate judge jurisdiction. Signed by Judge Nathanael M. Cousins on 6/11/2021. (lmh, COURT STAFF) (Filed on 6/11/2021)
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Filing 57
ORDER GRANTING #53 Stipulation Setting Briefing Schedule and Extending Time to Respond. Hearing on (Cayman)'s Motion To Dismiss, Or In the Alternative Quash Service Of Summons, Dkt. #56 , set for 7/7/2021 is continued to for 7/28/2021, at 01:00 PM. Plaintiff's response to the motion is now due 6/18/2021. Defendants' reply due 7/9/2021. Signed by Judge Nathanael M. Cousins on 6/10/2021. (lmh, COURT STAFF) (Filed on 6/10/2021)
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| Filing 56 STIPULATION WITH PROPOSED ORDER Setting Briefing Schedule and Extending Time to Respond filed by Ariel Abittan. (Economides, Constantine) (Filed on 6/9/2021) |
| Filing 55 Request for Judicial Notice re #54 Declaration in Support, #53 MOTION to Dismiss Individual Defendants' And Temujin Labs Inc. (Cayman)'s Notice Of Motion And Motion To Dismiss Or In The Alternative Quash Service Of Summons; Memorandum Of Points And Authorities In Support Thereof filed byLily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Related document(s) #54 , #53 ) (Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 54 Declaration of Jennifer C. Bretan in Support of #53 MOTION to Dismiss Individual Defendants' And Temujin Labs Inc. (Cayman)'s Notice Of Motion And Motion To Dismiss Or In The Alternative Quash Service Of Summons; Memorandum Of Points And Authorities In Support Thereof and Exhibits A-K filed byLily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). (Related document(s) #53 ) (Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 53 MOTION to Dismiss Individual Defendants' And Temujin Labs Inc. (Cayman)'s Notice Of Motion And Motion To Dismiss Or In The Alternative Quash Service Of Summons; Memorandum Of Points And Authorities In Support Thereof filed by Lily Chao, Damien Ding, Temujin Labs Inc.(a Cayman Corporation ). Motion Hearing set for 7/7/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/11/2021. Replies due by 6/18/2021. (Attachments: #1 Proposed Order)(Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 52 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lily Chao, Damien Ding.. (Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 51 Certificate of Interested Entities by Lily Chao, Damien Ding (Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 50 NOTICE of Appearance by Jennifer Corinne Bretan Notice Of Appearance Of Counsel (Bretan, Jennifer) (Filed on 5/28/2021) |
| Filing 49 OPPOSITION/RESPONSE (re #36 MOTION to Dismiss ) filed byAriel Abittan. (Economides, Constantine) (Filed on 5/21/2021) |
| Filing 48 CLERK'S NOTICE RE: Consent or Declination. The remaining Defendants are requested to file a consent or declination to proceed before a magistrate judge by 5/28/2021. 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.) (lmh, COURT STAFF) (Filed on 5/3/2021) |
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Filing 47
ORDER GRANTING #42 Application for Admission of Attorney Constantine P. Economides Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/22/2021)
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Filing 46
ORDER GRANTING #41 Application for Admission of Attorney Velvel (Devin) Freedman Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/22/2021)
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| Filing 45 CLERK'S NOTICE RE: #36 Motion to Dismiss filed by Temujin Labs Inc. The hearing set for 5/19/2021, at 01:00 PM, is VACATED. The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/21/2021) |
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Filing 44
MODIFIED ORDER RE: #43 Stipulation Setting Schedule and Extending Time to Respond. Case Management Conference set for 4/28/2021 is continued to 7/7/2021, at 10:00 AM by telephone. Case Management Statement due 6/30/2021. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/21/2021)
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| Filing 43 STIPULATION WITH PROPOSED ORDER SETTING SCHEDULE AND EXTENDING TIME TO RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE filed by Ariel Abittan. (Eskovitz, Katherine) (Filed on 4/21/2021) |
| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15867689.) filed by Ariel Abittan. (Economides, Constantine) (Filed on 4/21/2021) |
| Filing 41 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15867524.) filed by Ariel Abittan. (Freedman, Velvel (Devin)) (Filed on 4/21/2021) |
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Filing 40
ORDER GRANTING #39 Substitution of Counsel for Plaintiff. Attorney Katherine Ann Eskovitz substitutes as counsel for Ariel Abittan. Attorneys Joshua Alexander Korr and Bahram Seyedin-Noor withdrawn. Signed by Judge Nathanael M. Cousins/ (lmh, COURT STAFF) (Filed on 4/20/2021)
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| Filing 39 MOTION to Substitute Attorney filed by Ariel Abittan. (Seyedin-Noor, Bahram) (Filed on 4/20/2021) |
| Filing 38 Request for Judicial Notice re #37 Declaration in Support, #36 MOTION to Dismiss and Notice of Documents Incorporated By Reference filed byTemujin Labs Inc.(a Delaware Corporation ). (Related document(s) #37 , #36 ) (Bretan, Jennifer) (Filed on 4/9/2021) |
| Filing 37 Declaration of Jennifer C. Bretan in Support of #36 MOTION to Dismiss and Exhibits A-F filed byTemujin Labs Inc.(a Delaware Corporation ). (Related document(s) #36 ) (Bretan, Jennifer) (Filed on 4/9/2021) |
| Filing 36 MOTION to Dismiss filed by Temujin Labs Inc.(a Delaware Corporation ). Motion Hearing set for 5/19/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/23/2021. Replies due by 4/30/2021. (Attachments: #1 Proposed Order)(Bretan, Jennifer) (Filed on 4/9/2021). |
| Filing 35 NOTICE of Appearance by Joshua R. Parr (Parr, Joshua) (Filed on 4/9/2021) |
| Filing 34 NOTICE of Appearance by Casey Thomas O'Neill (O'Neill, Casey) (Filed on 4/9/2021) |
| Filing 33 NOTICE of Appearance by Felix Shih-Young Lee (Lee, Felix) (Filed on 4/9/2021) |
| Filing 32 NOTICE of Appearance by Dean S. Kristy (Kristy, Dean) (Filed on 4/9/2021) |
| Filing 31 STIPULATION Extending Time To Respond To Complaint filed by Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ). (Bretan, Jennifer) (Filed on 4/6/2021) |
| Filing 30 SUMMONS Returned Executed by Ariel Abittan. Temujin Labs Inc. (a Cayman Corporation) by US Mail (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 29 SUMMONS Returned Executed by Ariel Abittan. Lily Chao by US Mail (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 28 SUMMONS Returned Executed by Ariel Abittan. Damien Ding by US Mail (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 27 SUMMONS Returned Executed by Ariel Abittan. Temujin Labs Inc.(a Cayman Corporation ) served on 3/29/2021, answer due 4/19/2021. (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 26 SUMMONS Returned Executed by Ariel Abittan. Lily Chao served on 3/29/2021, answer due 4/19/2021. (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 25 SUMMONS Returned Executed by Ariel Abittan. Damien Ding served on 3/29/2021, answer due 4/19/2021. (Seyedin-Noor, Bahram) (Filed on 3/29/2021) |
| Filing 24 STIPULATION Extending Time To Respond To Complaint filed by Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ). (Bretan, Jennifer) (Filed on 3/25/2021) |
| Filing 23 NOTICE by Ariel Abittan re #20 Notice (Other) Plaintiffs Opposition to Notice of Pendency of Other Action or Proceeding (Korr, Joshua) (Filed on 3/17/2021) |
| Filing 22 CLERK'S NOTICE CONTINUING the Initial Case Management Conference set for 3/17/2021 to 4/28/2021, at 10:00 AM, by telephone. Case Management Statement due by 4/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/5/2021) |
| Filing 21 STIPULATION Extending Time To Respond To Complaint filed by Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ). (Bretan, Jennifer) (Filed on 3/3/2021) |
| Filing 20 NOTICE by Temujin Labs Inc.(a Delaware Corporation ) Notice of Pendency Of Other Action Or Proceedings and Exhibit 1 (Bretan, Jennifer) (Filed on 3/3/2021) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Ariel Abittan (Korr, Joshua) (Filed on 3/3/2021) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Temujin Labs Inc.(a Delaware Corporation ).. (Bretan, Jennifer) (Filed on 3/2/2021) |
| Filing 17 Certificate of Interested Entities by Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ) (Bretan, Jennifer) (Filed on 3/2/2021) |
| Filing 16 NOTICE of Appearance by Jennifer Corinne Bretan (Bretan, Jennifer) (Filed on 3/2/2021) |
| Filing 15 CLERK'S NOTICE Re: Consent or Declination. Defendants shall file a consent or declination to proceed before a magistrate judge by 3/2/2021. 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.) (lmh, COURT STAFF) (Filed on 2/16/2021) |
| Filing 14 SUMMONS Returned Executed by Ariel Abittan. Temujin Labs Inc. (a Delaware Corporation) (Seyedin-Noor, Bahram) (Filed on 2/4/2021) |
| Filing 13 SUMMONS Returned Executed by Ariel Abittan. Temujin Labs Inc.(a Cayman Corporation ) served on 1/29/2021, answer due 2/19/2021. (Seyedin-Noor, Bahram) (Filed on 2/4/2021) |
| Filing 12 SUMMONS Returned Executed by Ariel Abittan. Eian Labs Inc. served on 1/28/2021, answer due 2/18/2021. (Seyedin-Noor, Bahram) (Filed on 2/4/2021) |
| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety as Summons Returned Executed. Re: #11 Affidavit of Service filed by Ariel Abitta n, #10 Affidavit of Service filed by Ariel Abittan, #9 Affidavit of Service filed by Ariel Abittan (sfbS, COURT STAFF) (Filed on 2/4/2021) |
| Filing 11 AFFIDAVIT of Service for Summons served on Temujin Labs Inc. (A Cayman Corporation) on 1/29/2021, filed by Ariel Abittan. (Seyedin-Noor, Bahram) (Filed on 2/3/2021) |
| Filing 10 AFFIDAVIT of Service for Summons served on Temujin Labs Inc. (A Delaware Corporation) on 1/29/2021, filed by Ariel Abittan. (Seyedin-Noor, Bahram) (Filed on 2/3/2021) |
| Filing 9 AFFIDAVIT of Service for Summons served on EIAN LABS INC. on 1/28/2021, filed by Ariel Abittan. (Seyedin-Noor, Bahram) (Filed on 2/3/2021) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ariel Abittan.. (Seyedin-Noor, Bahram) (Filed on 2/1/2021) |
| Filing 7 Summons Issued as to Lily Chao, Damien Ding, Eian Labs Inc., Temujin Labs Inc.(a Delaware Corporation ), Temujin Labs Inc.(a Cayman Corporation ). (sfbS, COURT STAFF) (Filed on 1/14/2021) |
| Filing 6 Proposed Summons. (Seyedin-Noor, Bahram) (Filed on 1/14/2021) |
| Filing 5 *Filing Error Disregard*Proposed Summons. (Seyedin-Noor, Bahram) (Filed on 1/12/2021) Modified on 1/14/2021 (sfbS, COURT STAFF). |
| Filing 4 *Filing Error Disregard*Proposed Summons. (Seyedin-Noor, Bahram) (Filed on 1/12/2021) Modified on 1/14/2021 (sfbS, COURT STAFF). |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/17/2021. Initial Case Management Conference set for 3/24/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 12/28/2020) |
| Filing 2 Case assigned to Judge Nathanael M. Cousins. 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 1/11/2021. (haS, COURT STAFF) (Filed on 12/28/2020) |
| Filing 1 COMPLAINT against Lily Chao, Damien Ding, Eian Labs Inc., Temujin Labs inc. a Cayman Corporation, Temujin Labs inc. a Delaware Corporation ( Filing fee $ 402, receipt number 0971-15365932.). Filed byAriel Abittan. (Attachments: #1 Civil Cover Sheet)(Seyedin-Noor, Bahram) (Filed on 12/24/2020) |
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