XIAOMI CORPORATION v. U.S. DEPARTMENT OF DEFENSE et al
| Xiaomi Corporation, STEPHEN SEAN ENGLISH, BIN LIN and PENG LIN |
| U.S. DEPARTMENT OF DEFENSE, LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN and JOSEPH R. BIDEN, JR. |
| 1:2021cv00280 |
| January 29, 2021 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 NOTICE of Administrative Record Certification and Index by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN re Order, (Attachments: #1 Exhibit Certification & Index)(Borson, Joseph) |
| Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN, JR served on 2/23/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Joseph R. Biden, Jr., official capacity))(Scott, S. Conrad) |
| Filing 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 2/22/2021; U.S. DEPARTMENT OF DEFENSE served on 2/19/2021; U.S. DEPARTMENT OF THE TREASURY served on 2/22/2021; JANET L. YELLEN served on 2/19/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Department of Defense), #2 Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity), #3 Certificate of Service Certified Mail Receipt (Lloyd J. Austin, III, official capacity), #4 Affidavit of Service by Certified Mail (Department of the Treasury), #5 Certificate of Service Certified Mail Delivery Confirmation (Department of the Treasury), #6 Affidavit of Service by Certified Mail (Janet L. Yellen, official capacity), #7 Certificate of Service Certified Mail Delivery Confirmation (Janet L. Yellen, official capacity))(Scott, S. Conrad) |
| Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/9/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/10/2021. (Scott, S. Conrad) |
| Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/19/2021. (Attachments: #1 Certificate of Service Certified Mail Receipt)(Scott, S. Conrad) |
| Filing 26 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 2/22/2021; U.S. DEPARTMENT OF DEFENSE served on 2/9/2021; U.S. DEPARTMENT OF THE TREASURY served on 2/17/2021; JANET L. YELLEN served on 2/17/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Department of Defense), #2 Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity), #3 Certificate of Service Certified Mail Receipt (Lloyd J. Austin, III, official capacity), #4 Affidavit of Service by Certified Mail (Department of the Treasury), #5 Certificate of Service Delivery Confirmation (Department of the Treasury), #6 Affidavit of Service by Certified Mail (Janet L. Yellen, official capacity), #7 Certificate of Service Delivery Confirmation (Janet L. Yellen, official capacity))(Scott, S. Conrad) |
| Filing 25 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/3/2021. (Scott, S. Conrad) |
| Filing 24 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/17/2021. (Attachments: #1 Certificate of Service Certified Mail Receipt)(Scott, S. Conrad) |
| Set/Reset Deadlines: Administrative Record due by 3/23/2021. Status Report due by 4/6/2021. (tj) |
| Filing 23 TRANSCRIPT OF PROCEEDINGS before Judge Rudolph Contreras held on 03/09/2021; Page Numbers: 67. Date of Issuance:03/16/2021. Court Reporter/Transcriber Lisa Bankins, Telephone number 202-354-3243, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021.(Bankins, Lisa) |
| Filing 22 Joint STATUS REPORT by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN. (Borson, Joseph) |
MINUTE ORDER: Upon consideration of #22 the parties' Joint Status Report, it is hereby ORDERED that Defendants shall produce the certified unclassified administrative record to Plaintiffs on or before March 23, 2021. It is FURTHER ORDERED that the parties shall submit another joint status report on or before April 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/16/2021. (lcrc2)
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| Filing 21 MEMORANDUM OPINION: granting #14 Plaintiffs' Motion for Preliminary Injunction; granting #18 Plaintiffs' Motion for Leave to File Supplemental Declaration. See document for details. Signed by Judge Rudolph Contreras on 3/12/2021. (lcrc2) |
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Filing 20
ORDER: granting #14 Plaintiffs' Motion for Preliminary Injunction; granting #18 Plaintiffs' Motion for Leave to File Supplemental Declaration. See document for details. Signed by Judge Rudolph Contreras on 3/12/2021. (lcrc2)
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| Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 3/9/2021 re #14 MOTION for Preliminary Injunction filed by PENG LIN, XIAOMI CORPORATION, STEPHEN SEAN ENGLISH, BIN LIN. Oral argument heard, and the court takes the motion under advisement. Parties to file a joint status report by 3/16/2021 setting forth a briefing schedule for the courts consideration. (Court Reporter: Lisa Bankins) (tj) |
| Filing 19 REPLY to opposition to motion re #14 MOTION for Preliminary Injunction filed by STEPHEN SEAN ENGLISH, BIN LIN, PENG LIN, XIAOMI CORPORATION. (Attachments: #1 Supplement Declaration of Bin Lin, #2 Exhibit A-I to Supplemental Declaration of Bin Lin)(Hall, John) |
| Filing 18 Unopposed MOTION for Leave to File Supplemental Declaration of Bin Lin by STEPHEN SEAN ENGLISH, BIN LIN, PENG LIN, XIAOMI CORPORATION. (Attachments: #1 Exhibit to Motion for Leave to File Supplemental Declaration of Bin Lin, #2 Text of Proposed Order Granting Motion for Leave to File Supplemental Declaration of Bin Lin)(Hall, John) |
| Filing 17 NOTICE of Appearance by S. Conrad Scott on behalf of All Plaintiffs (Scott, S. Conrad) |
| Filing 16 RESPONSE re #14 MOTION for Preliminary Injunction filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY. (Attachments: #1 Declaration of Andrew J. Pahutski, #2 Text of Proposed Order)(Borson, Joseph) |
| Filing 15 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- S. Conrad Scott, Filing fee $ 100, receipt number BDCDC-8214625. Fee Status: Fee Paid. by STEPHEN SEAN ENGLISH, BIN LIN, PENG LIN, XIAOMI CORPORATION. (Attachments: #1 Text of Proposed Order)(Crowley, Megan) |
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MINUTE ORDER granting #15 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that S. Conrad Scott is admitted to represent Plaintiff pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 2/18/2021. (lcr c2)
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| Filing 14 MOTION for Preliminary Injunction by STEPHEN SEAN ENGLISH, BIN LIN, PENG LIN, XIAOMI CORPORATION. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Declaration of Bin Lin, #3 Declaration of Peng Lin, #4 Declaration of Stephen Sean English, #5 Declaration of Megan A. Crowley, #6 Text of Proposed Order)(Hall, John) |
| Set/Reset Deadlines/Hearings: Motion for Preliminary Injunction by 2/17/2021. Response due by 2/26/2021 Reply due by 3/5/2021. Oral argument set for 3/9/2021 at 10:00 AM before Judge Rudolph Contreras via Zoom Video. (zgdf) |
| Filing 13 Unopposed MOTION for Briefing Schedule by STEPHEN SEAN ENGLISH, BIN LIN, PENG LIN, XIAOMI CORPORATION. (Attachments: #1 Text of Proposed Order)(Hall, John) |
| Filing 12 NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) |
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MINUTE ORDER granting #13 Plaintiffs' Unopposed Scheduling Motion for Entry of Briefing Schedule: It is hereby ORDERED that Plaintiffs shall file their Motion for a Preliminary Injunction on or before February 17, 2021, Defendants shall file any opposition to Plaintiffs' Motion on or before February 26, 2021, and Plaintiffs shall file any reply in support of their Motion on or before March 5, 2021. It is FURTHER ORDERED that oral argument will be held on March 9, 2021 at 10:00 am. SO ORDERED. Signed by Judge Rudolph Contreras on 2/12/2021. (lcrc2)
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| Filing 11 SUMMONS (3) Issued Electronically as to JOSEPH R. BIDEN, JR, U.S. Attorney and U.S. Attorney General. (ztth) |
| Filing 10 SUMMONS(4) Reissued Electronically as to LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN. (ztth) |
| Filing 9 AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by XIAOMI CORPORATION, Bin Lin, Peng Lin, Stephen Sean English. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Hall, John) |
| Filing 8 SUMMONS (6) Issued Electronically as to LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Rudolph Contreras. (zsb) |
| Filing 7 CIVIL COVER SHEET by XIAOMI CORPORATION filed by XIAOMI CORPORATION.(Hall, John) |
| NOTICE OF ERROR re #1 Complaint; emailed to jhall@cov.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) |
| Filing 6 NOTICE of Appearance by Megan Anne Crowley on behalf of Xiaomi Corporation (Crowley, Megan) |
| Filing 5 NOTICE of Appearance by Alexander Adelman Berengaut on behalf of Xiaomi Corporation (Berengaut, Alexander) |
| Filing 4 NOTICE of Appearance by Beth Susan Brinkmann on behalf of Xiaomi Corporation (Brinkmann, Beth) |
| Filing 3 NOTICE of Appearance by John Edward Hall on behalf of Xiaomi Corporation (Hall, John) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Xiaomi Corporation (Hall, John) |
| Filing 1 COMPLAINT Xiaomi Corporation against LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN ( Filing fee $ 402 receipt number ADCDC-8142060) filed by Xiaomi Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Hall, John) |
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