Fu v. Yang et al
Plaintiff: Xiang-Dong Fu
Defendant: Kurepharma, Ltd., Curepharma, Ltd., BVCF Management, Ltd., The Regents of the University of California and Zhi Yang
Case Number: 3:2020cv02050
Filed: October 22, 2020
Court: US District Court for the Southern District of California
Presiding Judge: Allison H Goddard
Referring Judge: Janis L Sammartino
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 fr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Filing 46 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-15078365.) (Application to be reviewed by Clerk.) (Lerner, Scott) (rmc).
December 18, 2020 Filing 45 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-15076841.) (Application to be reviewed by Clerk.) (Lee, Tara) QC mail sent re missing signatures on 12/18/2020, instructed to re-file without repaying (rmc).
December 18, 2020 Filing 44 Corporate Disclosure Statement by BVCF Management, Ltd., Curepharma, Ltd., Kurepharma, Ltd.. (Simonsen, Catherine)
December 18, 2020 Filing 43 RESPONSE in Opposition re #32 MOTION for Temporary Restraining Order Prohibiting Pursuit of Foreign Litigation filed by BVCF Management, Ltd., Curepharma, Ltd., Kurepharma, Ltd., Zhi Yang. (Attachments: #1 Declaration of Zhi Yang, #2 Declaration of Tara Lee)(Simonsen, Catherine)
December 18, 2020 Filing 42 SEALED LODGED Proposed Document re: #41 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Simonsen, Catherine) (anh).
December 18, 2020 Filing 41 MOTION to File Documents Under Seal (Simonsen, Catherine) (anh).
December 17, 2020 Filing 40 SEALED LODGED Proposed Document re: #39 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Timmons, R.) (anh).
December 17, 2020 Filing 39 MOTION to File Documents Under Seal (Timmons, R.) (anh).
December 17, 2020 Filing 38 Supplemental Document re Motion for Temporary Restraining Order by Xiang-Dong Fu. (Attachments: #1 of Chelsea Gumaer In Further Support of Plaintiff's Motion for TRO)(Timmons, R.) Modified text to reflect document on 12/18/2020 (tcf).
December 17, 2020 Opinion or Order Filing 37 ORDER (1) Granting Ex Parte Motion to Shorten Time; (2) Amending Briefing Schedule on TRO; and (3) Vacating Briefing Schedule on Preliminary Injunction (ECF Nos. #36 , #32 , #14 ). The briefing schedule on Plaintiff's Motion for Temporary Restraining Order (ECF No. #32 ) is amended as follows: Defendants SHALL file a response by 12/18/2020 at 12 p.m. Pacific Standard Time. Plaintiff MAY file a reply in support of his Motion by 12/21/2020 at 12 p.m. Pacific Standard Time. The Court will take this matter under submission on the papers pursuant to Civil Local Rule 7.1(d)(1). The Court VACATES the briefing schedule on Plaintiff's Motion for Preliminary Injunction (ECF No. #14 ). The briefing schedule on the Motion for Preliminary Injunction will be set by future order of this Court. The hearing scheduled for 1/21/2021 at 1:30 p.m. on Plaintiff's Motion for Preliminary Injunction (ECF No. #14 ) remains set pending further order from this Court. Signed by Judge Janis L. Sammartino on 12/17/2020. (tcf)
December 16, 2020 Filing 36 Ex Parte MOTION to Shorten Time to Resolution of Plaintiff's TRO Motion by Xiang-Dong Fu. (Attachments: #1 Declaration of William T. Pilon)(Timmons, R.) (tcf).
December 16, 2020 Opinion or Order Filing 35 ORDER Setting Briefing Schedule re #32 MOTION for Temporary Restraining Order Prohibiting Pursuit of Foreign Litigation, #14 MOTION for Preliminary Injunction Prohibiting Commencement or Pursuit of Arbitration. Defendants SHALL file a single, combined response to these two Motions on or before 12/21/2020. Plaintiff MAY file a single reply in support of both Motions on or before 1/4/2021. The Court SETS a hearing on both Motions for January 1/21/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 12/16/2020. (tcf)
December 15, 2020 Filing 34 SEALED LODGED Proposed Document re: #33 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Timmons, R.) (anh).
December 15, 2020 Filing 33 MOTION to File Documents Under Seal (Timmons, R.) (anh).
December 15, 2020 Filing 32 MOTION for Temporary Restraining Order Prohibiting Pursuit of Foreign Litigation by Xiang-Dong Fu. (Attachments: #1 Declaration of William T. Pilon)(Timmons, R.) (tcf).
December 8, 2020 Opinion or Order Filing 31 ORDER Granting #24 Joint Motion to Set Briefing Schedule for Defendants' Motion to Dismiss. Defendants SHALL file a single Joint Motion to Dismiss on or before 12/23/2020. Plaintiff SHALL file an Opposition thereto on or before 1/15/2021. Defendants MAY file a reply in support of their motion on or before 1/29/2021. Signed by Judge Janis L. Sammartino on 12/7/2020. (tcf)
December 1, 2020 Filing 30 NOTICE OF WITHDRAWAL OF DOCUMENT by Xiang-Dong Fu re #19 MOTION to Approve Alternative Service Method as to Defendants Yang and BVCF filed by Xiang-Dong Fu, #17 MOTION to File Documents Under Seal filed by Xiang-Dong Fu . (Schena, John) (tcf).
December 1, 2020 Filing 29 WAIVER OF SERVICE Returned Executed by Xiang-Dong Fu, as to Kurepharma, Ltd. (Schena, John) (tcf).
December 1, 2020 Filing 28 WAIVER OF SERVICE Returned Executed by Xiang-Dong Fu, as to Curepharma, Ltd. (Schena, John) (tcf).
December 1, 2020 Filing 27 WAIVER OF SERVICE Returned Executed by Xiang-Dong Fu, as to BVCF Management, Ltd. (Schena, John) (tcf).
December 1, 2020 Filing 26 WAIVER OF SERVICE Returned Executed by Xiang-Dong Fu, as to Zhi Yang. (Schena, John) (tcf).
December 1, 2020 Filing 25 NOTICE of Appearance by John Angelo Schena, III on behalf of Xiang-Dong Fu (Schena, John)Attorney John Angelo Schena, III added to party Xiang-Dong Fu(pty:pla) (tcf).
November 30, 2020 Filing 24 Joint MOTION to Modify Briefing Schedule by BVCF Management, Ltd., Curepharma, Ltd., Kurepharma, Ltd., Zhi Yang. (Attachments: #1 Proposed Order)(Simonsen, Catherine) QC mailer sent re: proposed order attached (tcf).
November 30, 2020 Filing 23 NOTICE of Appearance of Tara Lee by Catherine Susan Simonsen on behalf of BVCF Management, Ltd., Curepharma, Ltd., Kurepharma, Ltd., Zhi Yang (Simonsen, Catherine) QC mailer sent re: attorney's signature does not match CM/ECF account (tcf).
November 30, 2020 Filing 22 NOTICE of Appearance by Catherine Susan Simonsen on behalf of BVCF Management, Ltd., Curepharma, Ltd., Kurepharma, Ltd., Zhi Yang (Simonsen, Catherine)Attorney Catherine Susan Simonsen added to party BVCF Management, Ltd.(pty:dft), Attorney Catherine Susan Simonsen added to party Curepharma, Ltd.(pty:dft), Attorney Catherine Susan Simonsen added to party Kurepharma, Ltd.(pty:dft), Attorney Catherine Susan Simonsen added to party Zhi Yang(pty:dft) (tcf).
November 24, 2020 Opinion or Order Filing 21 ORDER (1) Granting in Part #20 Plaintiff's Ex Parte Motion to Shorten Time; (2) Setting Briefing Schedule for Plaintiff's Motion to Approve Alternative Service Method; (3) Sua Sponte Continuing Hearing on Plaintiff's Motion for Preliminary Injunction; and (4) Modifying Preliminary Injunction Briefing Schedule. Defendants Zhi Yang and BVCF Management, Ltd. SHALL FILE a Response to Plaintiff's Motion to Approve Alternative Service Method (ECF No. #19 ) on or before 11/30/2020. Plaintiff MAY FILE a Reply, if any, on or before 12/4/2020. Upon closing of the briefing, this matter SHALL BE TAKEN UNDER SUBMISSION on the papers, without oral argument. The Court sua sponte continues the hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. #14 ) to 1/21/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Defendants SHALL file a response on or before 12/17/2020. Plaintiff MAY file a reply on or before 12/31/2020. Signed by Judge Janis L. Sammartino on 11/24/2020. (tcf) (Main Document 21 replaced and NEF regenerated on 11/24/2020) (tcf).
November 23, 2020 Filing 20 Ex Parte MOTION to Shorten Time to Hearing on Plaintiff's Motion to Approve Alternative Service Method by Xiang-Dong Fu. (Timmons, R.) (tcf).
November 23, 2020 Filing 19 ***Document withdrawn per ECF #30 *** MOTION to Approve Alternative Service Method as to Defendants Yang and BVCF by Xiang-Dong Fu. (Attachments: #1 Declaration of Xiang-Dong Fu, #2 Declaration of William T. Pilon)(Timmons, R.) (tcf). Modified to withdraw document on 12/2/2020 (tcf).
November 23, 2020 Filing 18 SEALED LODGED Proposed Document re: #17 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Timmons, R.) (anh).
November 23, 2020 Filing 17 ***Document withdrawn per ECF #30 *** MOTION to File Documents Under Seal (Timmons, R.) (anh). Modified to withdraw document on 12/2/2020 (tcf).
November 13, 2020 Filing 16 SUMMONS Returned Executed by Xiang-Dong Fu. Curepharma, Ltd., Kurepharma, Ltd. served. (Pilon, William) (tcf).
November 3, 2020 Opinion or Order Filing 15 ORDER Setting Briefing Schedule re #14 MOTION for Preliminary Injunction: Defendants SHALL file a response on or before 12/3/2020. Plaintiff MAYfile a reply on or before 12/17/2020. The Motion will be heard on 1/14/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 11/3/2020. (tcf)
November 2, 2020 Filing 14 MOTION for Preliminary Injunction Prohibiting Commencement or Pursuit of Arbitration by Xiang-Dong Fu. (Attachments: #1 Declaration of Xiang-Dong Fu in support of Motion for Preliminary Injunction, #2 Declaration of William T. Pilon in support of Motion for Preliminary Injunction, #3 Notice of Foreign Authority in support of Motion for Preliminary Injunction)(Semerdjian, Dick) (tcf).
November 2, 2020 Filing 13 SEALED LODGED Proposed Document re: #12 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Semerdjian, Dick) (anh).
November 2, 2020 Filing 12 MOTION to File Documents Under Seal (With attachments)(Semerdjian, Dick) (anh).
November 2, 2020 Filing 11 NOTICE OF WITHDRAWAL OF DOCUMENT by Xiang-Dong Fu re #10 MOTION for Preliminary Injunction Prohibiting Commencement or Pursuit of Arbitration filed by Xiang-Dong Fu, #9 Sealed Lodged Proposed Document, #8 MOTION to File Documents Under Seal filed by Xiang-Dong Fu . (Semerdjian, Dick) (tcf).
October 30, 2020 Filing 10 ***Document withdrawn per ECF #11 *** MOTION for Preliminary Injunction Prohibiting Commencement or Pursuit of Arbitration by Xiang-Dong Fu. (Attachments: #1 Declaration Declaration of Xiang-Dong Fu in support of Motion for Preliminary Injunction, #2 Notice Notice of Foreign Authority in support of Motion for Preliminary Injunction, #3 Declaration Declaration of William T. Pilon in support of Motion for Preliminary Injunction)(Semerdjian, Dick) QC mailer sent re: attorney's signature does not match CM/ECF account used (tcf). Modified to withdraw document on 11/3/2020 (tcf).
October 30, 2020 Filing 9 ***Document withdrawn per ECF #11 *** SEALED LODGED Proposed Document re: #8 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Semerdjian, Dick) (anh). Modified to withdraw document on 11/3/2020 (tcf).
October 30, 2020 Filing 8 ***Document withdrawn per ECF #11 *** MOTION to File Documents Under Seal (With attachments)(Semerdjian, Dick) (anh). Modified to withdraw document on 11/3/2020 (tcf).
October 23, 2020 Filing 7 SEALED LODGED Proposed Document re: #2 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Timmons, R.)
October 22, 2020 Filing 6 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (rmc)
October 22, 2020 Opinion or Order Filing 4 ORDER Granting #2 Motion to Seal Complaint and Portions of Sealing Motion. Good cause appearing, the Court GRANTS the Motion. The Clerk SHALL file the relevant Complaint, unredacted Motion, and the unredacted Declaration of William T. Pilon conditionally under seal nunc pro tunc to October 16, 2020. However, the Clerk SHALL NOT seal the entire case. Defendants WILL FILE a narrowly tailored motion to seal simultaneously with their answer or first responsive pleading articulating compelling reasons to support sealing these documents. If no such motion is filed, the documents will be unsealed. Signed by Judge Janis L. Sammartino on 10/22/2020. (rmc)
October 22, 2020 Filing 3 ** Filed as Sealed Document 5 NUNC PRO TUNC 10/16/2020 ** SEALED LODGED Proposed Document re: #2 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (rmc) Modified to note filed date of document (rmc). (Main Document 3 replaced on 10/23/2020) (rmc).
October 22, 2020 Filing 2 REDACTED MOTION to File Documents Under Seal (With attachments)(rmc) NUNC PRO TUNC 10/16/2020
October 22, 2020 Filing 1 REDACTED COMPLAINT with Jury Demand against Zhi Yang; BVCF Management, Ltd.; Curepharma, Ltd.; Kurepharma, Ltd.; The Regents of the University of California, (Filing fee $400 receipt number CAS124928), filed by Xiang-Dong Fu. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) NUNC PRO TUNC 10/16/2020The new case number is 3:20-cv-2050-JLS-AHG. Judge Janis L. Sammartino and Magistrate Judge Allison H. Goddard are assigned to the case. (Timmons, R.Brian)(rmc)

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Defendant: Kurepharma, Ltd.
Represented By: Catherine Susan Simonsen
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Defendant: Curepharma, Ltd.
Represented By: Catherine Susan Simonsen
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Defendant: BVCF Management, Ltd.
Represented By: Catherine Susan Simonsen
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Defendant: The Regents of the University of California
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Defendant: Zhi Yang
Represented By: Catherine Susan Simonsen
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Plaintiff: Xiang-Dong Fu
Represented By: R. Brian Timmons
Represented By: Dick A Semerdjian
Represented By: John Angelo Schena, III
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