Huang v. Meta Platforms, Inc.

Huang v. Meta Platforms, Inc.

Plaintiff:	Xiaohua Huang
Defendant:	Meta Platforms, Inc., BEST BUY CO INC, Walmart Inc. and Amazon.com Inc.
Case Number:	5:2023cv04679
Filed:	September 12, 2023
Court:	US District Court for the Northern District of California
Presiding Judge:	Nathanael M Cousins
Nature of Suit:	Patent
Cause of Action:	15 U.S.C. § 1126 Patent Infringement
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 14, 2023	Filing 79 ORDER GRANTING Leave to File Second Amended Complaint; Dismissing Claims against Meta Platforms, Inc.; and Continuing Case Management Conference. Defendant Amazon's response to the Second Amended Complaint due 14 days from today. Case Management Conference set for 11/15/2023, is continued to 1/17/2024, at 10:00 AM by telephone. Joint case management statement due by 1/10/2024. Signed by Judge Nathanael M. Cousins on 11/14/2023. (lmh, COURT STAFF) (Filed on 11/14/2023)
November 13, 2023	Filing 78 RESPONSE re #76 Order Regarding Questions in Preparation for Case Management Conference by Amazon.com Inc.. (Cruzen, Robert) (Filed on 11/13/2023)
November 10, 2023	Filing 77 Response re #76 Order Regarding Questions in Preparation for Case Management Conference by Meta Platforms, Inc.. (McMichael, Jonathan) (Filed on 11/10/2023)
November 9, 2023	Filing 76 ORDER with questions in preparation for Case Management Conference. Signed by Judge Nathanael M. Cousins on 11/9/2023. (lmh, COURT STAFF) (Filed on 11/9/2023)
November 9, 2023	Filing 75 NOTICE by Meta Platforms, Inc. regarding Removal of Meta as Defendant and Meta's Pending Motion to Dismiss (McMichael, Jonathan) (Filed on 11/9/2023)
November 8, 2023	Filing 74 CASE MANAGEMENT STATEMENT filed by Xiaohua Huang. (Huang, Xiaohua) (Filed on 11/8/2023)
November 8, 2023	Filing 73 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amazon.com Inc... (Cruzen, Robert) (Filed on 11/8/2023)
November 8, 2023	Filing 72 CASE MANAGEMENT STATEMENT & Proposed Order filed by Amazon.com Inc.. (Cruzen, Robert) (Filed on 11/8/2023)
November 7, 2023	Filing 71 AMENDED COMPLAINT against Amazon.com Inc.. Filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit)(Huang, Xiaohua) (Filed on 11/7/2023)
November 3, 2023	Filing 70 ORDER GRANTING #66 Meta Platforms Inc.'s Administrative Motion to File Under Seal in connection with Plaintiff's Notice to Sanction [Dkt. 60]. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/3/2023)
November 1, 2023	Filing 69 CLERK'S NOTICE RE: Consent or Declination. Defendant Amazon.com, Inc. is requested to 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 11/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/1/2023)
October 31, 2023	Filing 68 REPLY (re #54 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byMeta Platforms, Inc.. (Sacksteder, Michael) (Filed on 10/31/2023)
October 25, 2023	Filing 67 Statement of Non-Opposition re #66 Administrative Motion to File Under Seal filed byXiaohua Huang. (Related document(s) #66 ) (Huang, Xiaohua) (Filed on 10/25/2023)
October 25, 2023	Filing 66 Administrative Motion to File Under Seal filed by Meta Platforms, Inc.. (Attachments: #1 Declaration of Jonathan T. McMichael, #2 Proposed Order, #3 Exhibit Unredacted version - Ex 3 to [60-3] Huang Infringement Contentions, #4 Exhibit Redacted version - Ex 3 to [60-3] Huang Infringement Contentions)(Sacksteder, Michael) (Filed on 10/25/2023)
October 25, 2023	Filing 65 Response re #60 Notice (Other), by Meta Platforms, Inc.. (Sacksteder, Michael) (Filed on 10/25/2023)
October 25, 2023	#Electronic filing error. Filer is reminded that the correct case number is 5:23-cv-04679-NC. Re: #64 Opposition/Response to Motion, filed by Xiaohua Huang. (mcl, COURT STAFF) (Filed on 10/25/2023)
October 24, 2023	Filing 64 OPPOSITION/RESPONSE (re #54 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byXiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Huang, Xiaohua) (Filed on 10/24/2023)
October 22, 2023	Filing 63 ERRATA re #60 Notice (Other), Exhibit 3 to fix the redaction by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Huang, Xiaohua) (Filed on 10/22/2023)
October 18, 2023	Filing 62 STIPULATION re #33 Amended Complaint,, to Extend Time to Respond (L.R. 6-1) filed by Amazon.com Inc.. (Cruzen, Robert) (Filed on 10/18/2023)
October 16, 2023	Filing 61 SUMMONS Returned Executed by Xiaohua Huang. Amazon.com, Inc. served on 10/2/23, answer due 10/23/23. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Huang, Xiaohua) (Filed on 10/16/2023) Modified on 10/17/2023 (mcl, COURT STAFF).
October 14, 2023	Filing 60 NOTICE by Xiaohua Huang re #54 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Huang, Xiaohua) (Filed on 10/14/2023)
October 12, 2023	Filing 59 ORDER GRANTING #57 Joint Stipulation Extending Briefing Deadlines and Continuing Case Management Conference. Opposition to motion due 10/25/2023. Reply due 11/1/2023. Joint case management statement due 11/8/2023. Motion to Dismiss and Case Management Conference set for 11/15/2023, at 11:00 AM in person in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael M. Cousins on 10/12/2023. (lmh, COURT STAFF) (Filed on 10/12/2023)
October 12, 2023	Filing 58 NOTICE by Meta Platforms, Inc. of Withdrawal of Attorney Ury Fischer (McMichael, Jonathan) (Filed on 10/12/2023)
October 11, 2023	Filing 57 STIPULATION WITH PROPOSED ORDER re 56 Clerk's Notice,, Set Motion and Deadlines/Hearings, #53 Clerk's Notice,, for Extension of Briefing Deadlines and Continuing Case Management Conference filed by Meta Platforms, Inc.. (Attachments: #1 Declaration of Jonathan T. McMichael)(Sacksteder, Michael) (Filed on 10/11/2023)
October 3, 2023	Filing 56 CLERK'S NOTICE SETTING IN PERSON HEARING. Please take notice the Motion to Dismiss Plaintiff's First Amended Complaint filed by Meta Platforms, Inc., Dkt. #54 , is set for hearing 11/1/2023, at 11:00 AM in San Jose, Courtroom 5, 4th Floor before 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 10/3/2023)
September 26, 2023	Filing 55 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Meta Platforms, Inc... (Sacksteder, Michael) (Filed on 9/26/2023)
September 26, 2023	Filing 54 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Meta Platforms, Inc.. Responses due by 10/10/2023. Replies due by 10/17/2023. (Attachments: #1 Proposed Order, #2 Declaration of Jonathan T. McMichael In Support of Meta Platforms, Inc.'s Motion to Dismiss First Amended Complaint)(Sacksteder, Michael) (Filed on 9/26/2023)
September 26, 2023	Filing 53 CLERK'S NOTICE ADVANCING Initial Case Management Conference set for 12/13/2023, to 10/18/2023, at 10:00 AM by telephone. Conference line is 888.684.8852. Access code: 1557087. Case Management Statement, including consent or declination by defendants is due by 10/11/2023. (lmh, COURT STAFF) (Filed on 9/26/2023)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)
September 26, 2023	Filing 52 ORDER GRANTING #50 Motion for Permission for Electronic Case Filing. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/26/2023)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)
September 25, 2023	Filing 51 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Xiaohua Huang. (mcl, COURT STAFF) (Filed on 9/25/2023)
September 22, 2023	Filing 50 MOTION for Permission for Electronic Case Filing filed by Xiaohua Huang. (Attachments: #1 Envelope)(mcl, COURT STAFF) (Filed on 9/22/2023)
September 12, 2023	Filing 49 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/6/2023. Initial Case Management Conference set for 12/13/2023 10:00 AM. (mcl, COURT STAFF) (Filed on 9/12/2023)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)
September 12, 2023	Filing 48 Case transferred in from District of Florida Middle; Case Number 8:23-cv-00096. Original file certified copy of transfer order and docket sheet received.
August 2, 2023	Filing 47 CASE ELECTRONICALLY TRANSFERRED to the Northern District of California. (JNB)
July 26, 2023	Filing 46 RESPONSE re #43 Response filed by Xiaohua Huang. (Attachments: #1 Exhibits 1 - 5)(GL)
July 26, 2023	Filing 45 NOTICE of voluntary dismissal by Xiaohua Huang. (Attachments: #1 Exhibit)(GL)
July 26, 2023	Filing 44 NOTICE of voluntary dismissal by Xiaohua Huang. (Attachments: #1 Exhibit)(GL)
July 24, 2023	Filing 43 RESPONSE re #40 Notice of Voluntary Dismissal, #41 Response filed by Meta Platforms, Inc. (Sacksteder, Michael) Modified text on 7/25/2023 (MCB).
July 21, 2023	Filing 42 NOTICE Regarding Response to Plaintiff's Complaint by Best Buy Co., Inc. (McMichael, Jonathan) (Modified on 7/24/2023, to edit text) (BGR).
July 20, 2023	Filing 41 RESPONSE re #39 Order on Motion to Dismiss, Order on Motion to Change Venue / Transfer Case by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit)(AG)
July 20, 2023	Filing 40 NOTICE of voluntary dismissal without prejudice as to defendant Meta Platforms, Inc. only by Xiaohua Huang. (AG)
July 19, 2023	Filing 39 ORDER granting #36 --motion to dismiss or transfer; transferring the action to the Northern District of California; directing the clerk to forward the record and close the case. Signed by Judge Steven D. Merryday on 7/19/2023. (KRM)
July 19, 2023	Filing 38 RETURN of service executed on 06/30/2023 by Xiaohua Huang as to Best Buy Co., Inc. (Attachments: #1 Exhibit, #2 Exhibit) (AG) Modified on 7/20/2023 to correct pdf image. (AG)
July 11, 2023	Filing 37 RESPONSE to Motion re #36 MOTION to Dismiss First Amended Complaint or Transfer for improper venue pursuant to Fed.R.Civ.P. 12(b)(3) and 28 U.S.C. 1400(b) and 1406(a) filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(AG)
June 22, 2023	Filing 36 MOTION to Dismiss First Amended Complaint or Transfer for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and 28 U.S.C. 1400(b) and 1406(a) by Meta Platforms, Inc. (Attachments: #1 Affidavit of Nicholas Wong, #2 Affidavit of Jonathan McMichael, #3 Exhibit A to MicMichael Declaration)(Sacksteder, Michael) Modified text on 6/23/2023 (MCB). Added MOTION to Change Venue / Transfer Case on 7/11/2023 (AG).
June 15, 2023	Filing 35 ENDORSED ORDER: Because the plaintiff amends (Doc. #33 ) the complaint, the motion (Doc. #29 ) to dismiss or transfer is DENIED AS MOOT. Signed by Judge Steven D. Merryday on 6/15/2023. (KRM)
June 13, 2023	Filing 34 SUMMONS issued as to Amazon.com, Inc., Best Buy Co., Inc., Walmart, Inc. (MCB)
June 7, 2023	Filing 33 FIRST AMENDED COMPLAINT against Meta Platforms, Inc., Best Buy Co., Inc., Walmart, Inc., Amazon.com, Inc. with Jury Demand. filed by Xiaohua Huang. Related document: #1 Complaint filed by Xiaohua Huang. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1-, #5 Exhibit 2, #6 Exhibit 5, #7 Proposed Summons Amazon, #8 Proposed Summons Walmart, #9 Proposed Summons Best Buy, #10 Civil Cover Sheet, #11 Letter to Clerk)(AG)
June 6, 2023	Filing 32 RESPONSE to Motion re #29 MOTION to Dismiss Case or Transfer for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. 1400(b) and 1406(a) filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (AG). Modified on 6/7/2023 to add omitted exhibits. (AG)
May 19, 2023	Filing 29 MOTION to Dismiss Case or Transfer for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. 1400(b) and 1406(a) by Meta Platforms, Inc. (Attachments: #1 Declaration of Nicholas Wong, #2 Declaration of Jonathan T. McMichael, #3 Exhibit A - Meta Orlando - Google Maps (5 pp))(Sacksteder, Michael) Modified text on 5/22/2023 (MCB).
May 9, 2023	Filing 28 ORDER denying without prejudice #15 Motion for leave to file under seal. Signed by Magistrate Judge Sean P. Flynn on 5/9/2023. (CED)
May 3, 2023	Filing 27 ORDER denying without prejudice #15 --motion to dismiss or transfer, #23 --motion for leave to reply; permitting Meta to renew the motion not later than FOURTEEN days after an order resolves the motion (Doc. #15 ) for leave to file under seal. Signed by Judge Steven D. Merryday on 5/3/2023. (KRM)
April 21, 2023	Filing 26 ENDORSED ORDER granting #25 Motion for leave to file under seal. Signed by Magistrate Judge Sean P. Flynn on 4/21/2023. (Flynn, Sean)
April 17, 2023	Filing 25 Joint MOTION for leave to file DOCUMENT Exhibit 3 to Plaintiff's Response in Opposition [DE 20-3] under seal by Meta Platforms, Inc. (Fischer, Ury).Motions referred to Magistrate Judge Sean P. Flynn.
April 13, 2023	Filing 24 RESPONSE to Motion re #23 MOTION for Leave to File Reply in Support of Defendant's Motion to Dismiss or Transfer for Improper Venue filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit E)(AG)
April 13, 2023	Filing 23 MOTION for Leave to File Other Document : Reply in Support of Defendant's Motion to Dismiss or Transfer for Improper Venue by Meta Platforms, Inc. (Fischer, Ury) Modified text on 4/13/2023 (MCB).
April 12, 2023	Filing 22 CASE MANAGEMENT REPORT. (Sacksteder, Michael)
April 11, 2023	Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Xiaohua Huang. (AG)
April 6, 2023	Filing 20 RESPONSE to Motion re #17 MOTION to Dismiss Complaint for improper venue or, in the alternative, transfer to the United States District Court Northern District of California filed by Xiaohua Huang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(AG)
March 29, 2023	Filing 19 ENDORSED ORDER: The joint motion (Doc. #18 ) to extend the time within which to file the case management report is GRANTED. The parties must file the case management report not later than APRIL 12, 2023. Signed by Judge Steven D. Merryday on 3/29/2023. (KRM)
March 28, 2023	Filing 18 Joint MOTION for Extension of Time to File Uniform Case Management Report by Meta Platforms, Inc. (McMichael, Jonathan) Modified text on 3/29/2023 (MCB).
March 23, 2023	Filing 17 MOTION to Dismiss Complaint for improper venue or, in the alternative, transfer to the United States District Court Northern District of California by Meta Platforms, Inc. (Attachments: #1 Affidavit of J. McMichael, #2 Affidavit of N. Wong)(Sacksteder, Michael) Modified text on 3/24/2023 (MCB).
March 23, 2023	Filing 16 NOTICE by Meta Platforms, Inc. re #15 Defendant Meta Platforms, Inc.'s MOTION for leave to file MOTION to Dismiss or Transfer for Improper Venue under seal (Fischer, Ury)
March 22, 2023	Filing 15 MOTION for leave to file MOTION to Dismiss or Transfer for Improper Venue under seal by Meta Platforms, Inc. (Fischer, Ury) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 3/22/2023 (MCB).
February 21, 2023	Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Meta Platforms, Inc. Related case(s): No (Fischer, Ury) Modified text on 2/22/2023 (MCB).
February 21, 2023	Filing 13 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by Meta Platforms, Inc. (Fischer, Ury) Modified text on 2/22/2023 (MCB).
February 21, 2023	Filing 12 ENDORSED ORDER granting #11 Motion to Appear Pro Hac Vice. Attorney McMichael may appear pro hac vice on behalf of Defendant. Within twenty-one days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 2/21/2023. (CED)
February 21, 2023	Filing 11 Unopposed MOTION for Jonathan T. McMichael to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20530204 for $150 by Meta Platforms, Inc. (Attachments: #1 Rule 2.01(c) Certification of Jonathan T. McMichael)(Fischer, Ury) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 2/21/2023 (MCB).
February 21, 2023	Filing 10 ENDORSED ORDER: Meta's unopposed motion (Doc. #6 ) for an extension is GRANTED. Meta must respond to the complaint not later than MARCH 23, 2023. Signed by Judge Steven D. Merryday on 2/21/2023. (KRM)
February 17, 2023	Filing 9 ENDORSED ORDER granting #8 Motion to Appear Pro Hac Vice. Attorney Sacksteder may appear pro hac vice on behalf of Defendant. Within twenty-one days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 2/17/2023. (CED)
February 17, 2023	Filing 8 Unopposed MOTION for Michael J. Sacksteder to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20526893 for $150 by Meta Platforms, Inc. (Attachments: #1 Exhibit Rule 2.01(c) Certification)(Fischer, Ury) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 2/21/2023 (MCB).
February 16, 2023	Filing 7 NOTICE of Lead Counsel Designation by Ury Fischer on behalf of Meta Platforms, Inc. Lead Counsel: Michael J. Sacksteder, Esq. (Fischer, Ury) Modified on 2/17/2023 (CTR).
February 16, 2023	Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Meta Platforms, Inc. (Fischer, Ury) Modified on 2/17/2023 (CTR).
February 6, 2023	Filing 5 RETURN of service executed on 1/30/2023 by Xiaohua Huang as to Meta Platforms, Inc. (AG)
January 18, 2023	Filing 4 NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2) -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. (Signed by Deputy Clerk). (DAY)
January 17, 2023	Filing 3 Patent Report sent to Alexandria, VA. (MCB)
January 13, 2023	Filing 2 SUMMONS issued as to Meta Platforms, Inc. (MCB)
January 13, 2023	Filing 1 COMPLAINT against Meta Platforms, Inc. with Jury Demand (Filing fee $402.00, receipt number 67889) filed by Xiaohua Huang. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Mailing Envelope)(MCB)

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Plaintiff: Xiaohua Huang
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Defendant: Meta Platforms, Inc.
Represented By:	Jonathan Thomas McMichael
Represented By:	Michael J Sacksteder
Represented By:	Ury Fischer
Represented By:	Michael John Sacksteder
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Defendant: BEST BUY CO INC
Represented By:	Michael J Sacksteder
Represented By:	Jonathan Thomas McMichael
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Defendant: Walmart Inc.
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Defendant: Amazon.com Inc.
Represented By:	Robert Cruzen
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