HOU v. UPSIDE SERVICES, INC.
| YONGJIN HOU |
| UPSIDE SERVICES, INC. and WAYNE LIN |
| 1:2023cv02177 |
| July 27, 2023 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 27 SUMMONS (1) Issued Electronically as to WAYNE LIN. (Attachment: #1 Notice and Consent)(zjm) |
MINUTE ORDER. The Court is in receipt of the #25 Joint Motion to Unseal, in which Plaintiff and Defendant Upside Services, Inc. move the Court to unseal the #1 Complaint, vacate the #10 Order granting the #9 Motion for Protective Order, and deny the #24 Motion to Unseal as moot. The parties explain that they have agreed to resolve the various issues involving the protective order and sealed complaint in this manner. The Court GRANTS the #25 Joint Motion to Unseal, VACATES the #10 Order, ORDERS that the #1 Complaint be unsealed, and DENIES AS MOOT the #24 Motion to Unseal. Signed by Judge Colleen Kollar-Kotelly on 9/20/23. (lcckk3)
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MINUTE ORDER. In light of Plaintiff's #26 Amended Complaint, the Court DENIES WITHOUT PREJUDICE Defendant Upside Services' #17 Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 9/20/23. (lcckk3)
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| Filing 26 AMENDED COMPLAINT against All Defendants with Jury Demand filed by YONGJIN HOU. (Attachments: #1 Exhibit Proposed Summons for Wayne Lin)(Branch, David) |
| Filing 25 Joint MOTION to Unseal Document Complaint by YONGJIN HOU. (Attachments: #1 Text of Proposed Order to Unseal Complaint)(Branch, David) |
| Filing 24 MOTION to Unseal Document #1 Complaint, filed by YONGJIN HOU by YONGJIN HOU. (Attachments: #1 Memorandum in Support of Plaintiff's Rule 54(b) Motion)(Branch, David) |
| Set/Reset Deadlines: Plaintiff's Responses to #17 due by 9/26/2023. Defendant's Reply to #17 due by 10/3/2023. (dot) |
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MINUTE ORDER. The Court is in receipt of the #23 Consent Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Plaintiff explains that lead counsel was on leave overseas during the first week of September with limited access to internet. Defendant consents to the motion. The Court GRANTS the #23 Motion and ORDERS that Plaintiff shall respond to Defendant's Motion to Dismiss by SEPTEMBER 26, 2023; Defendant shall then file a reply by OCTOBER 3, 2023. Signed by Judge Colleen Kollar-Kotelly on 9/11/23. (lcckk3)
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| Filing 23 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by YONGJIN HOU. (Branch, David) |
| Filing 22 NOTICE ON ATTORNEY MAINEN'S PRO HAC VICE APPLICATION by YONGJIN HOU (Branch, David) |
| Filing 21 NOTICE OF WITHDRAWAL OF APPEARANCE as to UPSIDE SERVICES, INC.. Attorney Andrew Kim terminated. (Kim, Andrew) |
| Filing 20 MOTION to Amend/Correct Matthew Mainen's Pro Hac Vice Application by YONGJIN HOU. (Attachments: #1 Appendix Amended Pro Hac Vice Application, #2 Declaration of Matthew Mainen, #3 Appendix Certificate of Good Standing)(Branch, David) |
| Filing 19 REPLY to opposition to motion re #9 MOTION for Protective Order andMOTION to Seal filed by UPSIDE SERVICES, INC.. (Healy, Bryan) |
| Filing 18 NOTICE of Appearance by Brian Adam Scotti on behalf of UPSIDE SERVICES, INC. (Scotti, Brian) |
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MINUTE ORDER. The Court is in receipt of Defendant's #17 Motion to Dismiss. The Court ORDERS Plaintiff to file a response by SEPTEMBER 12, 2023; Defendant shall file a reply by SEPTEMBER 19, 2023. The Court also DENIES AS MOOT Defendant's #15 Consent Motion for Leave to Extend Deadline to File Responsive Pleading, as Defendant has since filed a responsive pleading, see #17 Motion. Signed by Judge Colleen Kollar-Kotelly on 8/29/23. (lcckk3)
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| Filing 17 MOTION to Dismiss by UPSIDE SERVICES, INC.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Healy, Bryan) |
| Filing 16 DECLARATION as amended by YONGJIN HOU re #14 Memorandum in Opposition,,. (Attachments: #1 Errata Notice of Errata Correction, #2 Errata Errata Correction)(Branch, David) |
| Filing 15 Consent MOTION for Extension of Time to File Responsive Pleading, MOTION for Leave to File by UPSIDE SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Healy, Bryan) |
| Filing 14 Memorandum in opposition to re #9 Motion for Protective Order,,, Motion to Seal,, with REDACTED exhibits filed by YONGJIN HOU. (Attachments: #1 Declaration Declaration of Yongjin Kevin Hou, #2 Exhibit Exhibit A to Hou Declaration - Offer Calculator, #3 Exhibit Exhibit B to Hou Declaration - Carta, #4 Exhibit Exhibit C to Hou Declaration - Ribeiro Email Excerpt, #5 Exhibit Exhibit D to Hou Declaration - Lin Email, #6 Exhibit Exhibit E to Hou Declaration - Siemieniuk Offer Calculator, #7 Appendix November Agreement, #8 Appendix Excerpt of Original Redaction Request)(Branch, David) |
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MINUTE ORDER. By Minute Order on August 11, 2023, the Court granted the #4 Motion for leave to Appear Pro Hac Vice as to Attorney Mainen condition upon his submitting an Application for Admission to the Bar of the United States District and Bankruptcy Courts for the District of Columbia on or before AUGUST 17, 2023. The Court received, one day after that deadline, the #13 Motion for Extension of Time for Attorney Mainen to File An Application to this Court's Bar. Plaintiff explains that Attorney Mainen did as instructed, but that they learned on August 17 that "his application must be amended because his current sponsoring attorney is employed by the United States Department of Justice and is therefore ineligible to sponsor Bar Admissions Applications." Attorney Mainen therefore requires additional time to secure another sponsor; he is also seeking clarification about another related issue. This is Plaintiff's first request for an extension of this deadline and Defendant consents. The Court GRANTS the #13 Motion and ORDERS that Attorney Mainen shall submit a finalized Application for Membership of this Court's Bar by no later than SEPTEMBER 1, 2023. Signed by Judge Colleen Kollar-Kotelly on 8/23/23. (lcckk3)
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| Filing 13 MOTION for Extension of Time to File Attorney Mainen's Application to the Bar of this Court by YONGJIN HOU. (Branch, David) |
| NOTICE OF ERROR regarding #12 MOTION for Leave to Appear . The following error(s) need correction: Invalid attorney signature- Notice of appearance signature on document must match PACER login. Please refile using Notice of Appearance event. (zjm) |
| Filing 12 ENTERED IN ERROR.....MOTION for Leave to Appear by YONGJIN HOU. (Branch, David) Modified on 8/17/2023 (zjm). |
| Filing 11 DECLARATION of Philip Baldwin Certifying Familiarity with the Local Rules by UPSIDE SERVICES, INC. re #6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Philip Baldwin, Filing fee $ 100, receipt number ADCDC-10264520. Fee Status: Fee Paid.. (Kim, Andrew) |
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Filing 10
ORDER granting #9 Motion for Protective Order. Signed by Judge Colleen Kollar-Kotelly on 8/11/23. (lcckk3)
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MINUTE ORDER. The Court is in receipt of the #4 Motion for Leave to Appear Pro Hac Vice as to Attorney Matthew Louis Mainen, to appear as counsel for Plaintiff YONGJIN HOU. Attorney Mainen's supporting declaration indicates that they practice from an office in the District of Columbia. Pursuant to LCvR 83.2(c)(2) and the comment thereto, as amended May 26, 2022, the #4 Motion to Appear Pro Hac Vice as to Matthew Louis Mainen is GRANTED conditional upon Attorney Mainen submitting an Application for Admission to the Bar of the United States District and Bankruptcy Courts for the District of Columbia on or before AUGUST 17, 2023. Counsel should then register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 8/11/23. (lcckk3)
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MINUTE ORDER. The Court is in receipt of the #6 Motion for Leave to Appear Pro Hac Vice as to Attorney Philip Baldwin, to appear as counsel for Plaintiff Yongjin Hou. The Court GRANTS the #6 Motion CONTINGENT on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than AUGUST 17, 2023. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 8/11/23. (lcckk3)
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| Filing 9 MOTION for Protective Order and, MOTION to Conditionally Seal Complaint by UPSIDE SERVICES, INC.. (Attachments: #1 Declaration of Philip Baldwin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Daryl Ribeiro, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Text of Proposed Order for a Protective Order, #12 Text of Proposed Order Conditionally Sealing Complaint)(Kim, Andrew) Modified on 8/11/2023 to correct relief (zjm). |
| Filing 8 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UPSIDE SERVICES, INC. (Kim, Andrew) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UPSIDE SERVICES, INC. served on 8/7/2023, answer due 8/28/2023 (Branch, David) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Philip Baldwin, Filing fee $ 100, receipt number ADCDC-10264520. Fee Status: Fee Paid. by UPSIDE SERVICES, INC.. (Attachments: #1 Declaration of Philip Baldwin in Support of Motion for Leave to Appear Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Kim, Andrew) |
| Filing 5 NOTICE of Appearance by Andrew Kim on behalf of UPSIDE SERVICES, INC. (Kim, Andrew) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew Louis Mainen, Filing fee $ 100, receipt number BDCDC-10252257. Fee Status: Fee Paid. by YONGJIN HOU. (Branch, David) |
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Filing 3
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 8/2/23. (DM)
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| Filing 2 SUMMONS (1) Issued Electronically as to UPSIDE SERVICES, INC. (Attachments: #1 Notice and Consent)(zljn) |
| Filing 1 COMPLAINT against UPSIDE SERVICES, INC. with Jury Demand ( Filing fee $ 402 receipt number BDCDC-10234689) filed by YONGJIN HOU. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Branch, David) Modified on 8/15/2023; complaint sealed pursuant to Order filed 8/11/2023. (znmw). |
| Case Assigned to Judge Colleen Kollar-Kotelly. (zljn) |
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