Lu v. Vivente 1, Inc.
Plaintiff: Kai Lu
Defendant: Vivente 1, Inc.
Case Number: 5:2023cv02799
Filed: June 7, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2023 Opinion or Order Filing 22 ORDER VACATING ALL DATES AND CLOSING THE CASE IN LIGHT OF #21 NOTICE OF DISMISSAL. Signed by Judge Beth Labson Freeman on 7/17/2023. (blflc2, COURT STAFF) (Filed on 7/17/2023)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)
July 14, 2023 Opinion or Order Filing 21 NOTICE of Voluntary Dismissal by Kai Lu. (kmg, COURT STAFF) (Filed on 7/14/2023)
July 11, 2023 Opinion or Order Filing 20 Acknowledgement of Receipt re #19 from U.S Marshal Service. (sec, COURT STAFF) (Filed on 7/11/2023)
July 7, 2023 Opinion or Order Reset Deadlines as to #17 MOTION to Dismiss Notice Of Motion And Motion To Dismiss Plaintiffs Complaint Pursuant To Frcp 12(B)(6); Memorandum Of Points And Authorities In Support Thereof and Proof of Service. Response and Reply dates were modified at filing without a Court Order. Dates reset: Responses due by 7/13/2023. Replies due by 7/20/2023. (tsh, COURT STAFF) (Filed on 7/7/2023)
June 29, 2023 Opinion or Order Filing 19 Summons Issued as to Vivente 1, Inc.. (kmg, COURT STAFF) (Filed on 6/29/2023) (Additional attachment(s) added on 6/29/2023: #1 USM 285) (kmg, COURT STAFF).
June 29, 2023 Opinion or Order Filing 18 Certificate of Interested Entities by Vivente 1, Inc. identifying Corporate Parent Vivente 1, Inc. for Vivente 1, Inc.. re #17 MOTION to Dismiss Notice Of Motion And Motion To Dismiss Plaintiffs Complaint Pursuant To Frcp 12(B)(6); Memorandum Of Points And Authorities In Support Thereof and Proof of Service (Truong, Tiffany) (Filed on 6/29/2023)
June 29, 2023 Opinion or Order Filing 17 MOTION to Dismiss Notice Of Motion And Motion To Dismiss Plaintiffs Complaint Pursuant To Frcp 12(B)(6); Memorandum Of Points And Authorities In Support Thereof and Proof of Service filed by Vivente 1, Inc. Motion Hearing set for 11/16/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 7/13/2023. Replies due by 7/20/2023. (Attachments: #1 Certificate/Proof of Service Certificate of Interested Parties, #2 Supplement Request for Judicial Notice, #3 Proposed Order Proposed Order)(Truong, Tiffany) (Filed on 6/29/2023) Modified on 7/7/2023 - Response and Reply dates cannot be changed without a Court Order (tsh, COURT STAFF).
June 22, 2023 Opinion or Order Filing 16 ORDER DENYING #14 LEAVE TO FILE A MOTION FOR RECONSIDERATION. Signed by Judge Beth Labson Freeman on 6/22/2023. (blflc2, COURT STAFF) (Filed on 6/22/2023)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)
June 21, 2023 Opinion or Order Filing 15 CERTIFICATE OF SERVICE by Kai Lu re #14 MOTION re #12 Order on Motion for TRO. (kmg, COURT STAFF) (Filed on 6/21/2023)
June 21, 2023 Opinion or Order Filing 14 Ex Parte MOTION for Reconsideration of Denial of Temporary Restraining Order re #12 Order on Motion for TRO, filed by Kai Lu. Responses due by 7/5/2023. Replies due by 7/12/2023. (Attachments: #1 Exhibit) (kmg, COURT STAFF) (Filed on 6/21/2023)
June 13, 2023 Opinion or Order Filing 13 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/12/2023. Initial Case Management Conference set for 10/12/2023 11:00 AM in San Jose, Courtroom 1, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 6/13/2023)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)
June 12, 2023 Opinion or Order Filing 12 ORDER DENYING #5 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Beth Labson Freeman on 6/12/2023. (blflc2, COURT STAFF) (Filed on 6/12/2023)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)
June 12, 2023 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by Kai Lu re #1 Complaint. (kmg, COURT STAFF) (Filed on 6/12/2023)
June 12, 2023 Opinion or Order Filing 10 OPPOSITION/RESPONSE (re #5 MOTION for Temporary Restraining Order ) Defendant's Opposition to Plaintiff's Ex Parte Application Restraining Order and Order and Motion for Preliminary Injunction and Proof of Service filed byVivente 1, Inc.. (Attachments: #1 Declaration Declaration of Dana Wares)(Truong, Tiffany) (Filed on 6/12/2023)
June 8, 2023 Opinion or Order Remark: Summons Issued and Packet to the U.S. Marshal. (kmg, COURT STAFF) (Filed on 6/8/2023)
June 8, 2023 Opinion or Order Filing 9 ORDER RE SCHEDULING FOR #5 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Beth Labson Freeman on 6/8/2023. (blflc2, COURT STAFF) (Filed on 6/8/2023)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)
June 8, 2023 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman 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 remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/8/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 6/8/2023)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)
June 8, 2023 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Signed by Judge Virginia K. DeMarchi on 6/8/2023. (vkdlc1, COURT STAFF) (Filed on 6/8/2023)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)
June 8, 2023 Opinion or Order Filing 6 Order by Magistrate Judge Virginia K. DeMarchi granting #2 Motion for Leave to Proceed in forma pauperis; Order to Issue and Serve Summons. (vkdlc1, COURT STAFF) (Filed on 6/8/2023)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)
June 8, 2023 Opinion or Order Filing 4 ** FILED IN ERROR SEE DOCKET # 5** Declaration of Kai Lu in Support of #1 Complaint, filed by Kai Lu. (Related document(s) #1 )
June 7, 2023 Opinion or Order Filing 5 MOTION for Temporary Restraining Order and Declaration of Kai Lu filed by Kai Lu. (kmg, COURT STAFF) (Filed on 6/8/2023) (Main Document 5 replaced on 6/8/2023) (ecg, COURT STAFF). (Additional attachment(s) added on 6/8/2023: #1 Declaration, #2 Declaration) (kmg, COURT STAFF). Modified on 7/13/2023 (kmg, COURT STAFF).
June 7, 2023 Opinion or Order Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/29/2023. Initial Case Management Conference set for 9/5/2023 01:30 PM in San Jose, Courtroom 2, 5th Floor. (kmg, COURT STAFF) (Filed on 6/7/2023)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)
June 7, 2023 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kai Lu. (kmg, COURT STAFF) (Filed on 6/7/2023)
June 7, 2023 Opinion or Order Filing 1 COMPLAINT for Monetary, Declaratory, and Injunctive Relief against Vivente 1, Inc.. Filed by Kai Lu. Consent/Declination due by 6/21/2023. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (kmg, COURT STAFF) (Filed on 6/7/2023) Modified on 6/8/2023 (kmg, COURT STAFF).

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Plaintiff: Kai Lu
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Defendant: Vivente 1, Inc.
Represented By: Tiffany D Truong
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