XP Electron International Co., Limited v. First-Citizens Bank & Trust Company
| XP Electron International Co., Limited |
| First-Citizens Bank & Trust Company and Does 1 through 10, inclusive |
| 1:2022cv04192 |
| October 21, 2022 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Other Fraud |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| None |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting re #51 Motion for Extension of Time to File Answer, #1 Notice of Removal, First-Citizens Bnk & Trust Company Answer due 1/18/2023. Signed by Judge Mark H. Cohen on 12/15/2022. (dob) Modified on 12/15/2022 to edit applicable party (dob).
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| Filing 51 Second MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint by First-Citizens Bank & Trust Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant First Citizen's Second Motion to Extend Deadline To File Responsive Pleading)(Burnside, Cynthia) Modified on 12/15/2022 to edit event selected (dob). |
| Set Deadlines/Hearings: First-Citizens Bank & Trust Company answer due 1/18/2022. (dob) |
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Filing 50
ORDER granting #49 Motion for Extension of Time to Answer re #49 Motion for Extension of Time to File Answer re Amended Complaint, First-Citizens Bank & Trust Company Answer due 12/19/2022. Signed by Judge Mark H. Cohen on 11/18/2022. (dob)
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| Filing 49 MOTION for Extension of Time to File Responsive Pleading by First-Citizens Bank & Trust Company. (Burnside, Cynthia) Modified on 11/18/2022 to edit event selected (dob). |
| Filing 48 NOTICE Of Filing by First-Citizens Bank & Trust Company Scheduling Order Setting Defendant's Answer Date as November 19, 2022 (Attachments: #1 Exhibit A)(Burnside, Cynthia) |
| Filing 47 NOTICE of Appearance by Cynthia G. Burnside on behalf of First-Citizens Bank & Trust Company (Burnside, Cynthia) |
| Filing 46 Case transferred in from District of California Central; Case Number 2:22-cv-05067. Original file certified copy of transfer order and docket sheet received. |
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Filing 45
ORDER GRANTING STIPULATION FOR CHANGE OF VENUE PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 1404a by Judge John F. Walter. IT IS HEREBY ORDERED that this matter is hereby transferred to the United States District Court, Northern District of Georgia pursuant to Federal Rules of Civil Procedure 1404(a). Plaintiff is granted leave to file an amended complaint to include additional defendants and causes of action. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) [Transferred from California Central on 10/21/2022.]
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Filing 44
ORDER GRANTING FOURTH STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #41 by Judge John F. Walter. Defendant's time for filing a responsive pleading to Plaintiff's First Amended Complaint is extended to November 19, 2022. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 43 Notice of Withdrawal of Stipulation to Transfer Case #42 filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
| Filing 42 STIPULATION to Transfer Case to Northern District of Georgia filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proposed Order, #2 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
| Filing 41 Fourth STIPULATION for Extension of Time to File filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proposed Order, #2 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
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Filing 40
ORDER GRANTING THIRD STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #39 by Judge John F. Walter. Defendant's time for filing a responsive pleading to Plaintiff's First Amended Complaint is extended to October 28, 2022. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 39 Third STIPULATION for Extension of Time to File Answer to October 28, 2022 re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proposed Order Proposed Order, #2 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
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Filing 38
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #37 by Judge John F. Walter. IT IS HEREBY ORDERED that FCBs time for filing a responsive pleading to XP Electron's First Amended Complaint is extended from the current deadline of August 29, 2022 to September 28, 2022. (lom) [Transferred from California Central on 10/21/2022.]
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| Filing 37 STIPULATION Extending Time to Answer the complaint as to First-Citizens Bank & Trust Company answer now due 9/28/2022, filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order)(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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Filing 36
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 8/25/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 9/1/2023 at 8:00 AM. Jury Trial set for 9/12/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) [Transferred from California Central on 10/21/2022.]
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Filing 35
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 22, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: March 6, 2023. The Joint Report re: Results of Settlement Conference due on: March 10, 2023. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 34 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Defendant First-Citizens Bank & Trust Company(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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Filing 33
ORDER ON STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order #26 . See Order for details. (es) [Transferred from California Central on 10/21/2022.]
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| Filing 32 DECLARATION of Gene H. Shioda , DECLARATION OF LEAD TRIAL COUNSEL FOR PLAINTIFF XP ELECTRON INTERNATIONAL CO., LIMITED filed by Plaintiff XP Electron International Co., Limited. (Shioda, Gene) [Transferred from California Central on 10/21/2022.] |
| Filing 31 NOTICE of Interested Parties filed by Plaintiff XP Electron International Co., Limited, (Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
| Filing 30 Text Only Entry by Magistrate Judge Maria A. Audero. Pending before the Court is the parties' Stipulation for Protective Order. (ECF Nos. #24 , #26 .) However, no Notice of Interested Parties has been filed by Plaintiff. A Notice of Interested Parties must be filed with every party's first appearance. See Local Rule 7.11. Counsel for Plaintiff must file Plaintiff's Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 837. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nne) TEXT ONLY ENTRY [Transferred from California Central on 10/21/2022.] |
| Filing 29 DECLARATION of Margaret C. McDonald as Lead Trial Counsel for Defendant First-Citizens Bank & Trust Company filed by Defendant First-Citizens Bank & Trust Company. (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 28 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Defendant First-Citizens Bank & Trust Company.. (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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Filing 27
ORDER DENYING STIPULATION TO CONTINUE DATE TO FILE JOINT REPORT AND DATE OF SCHEDULING CONFERENCE #25 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 26 STIPULATION for Protective Order filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proposed Order, #2 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
| Filing 25 STIPULATION to Continue Scheduling Conference from August 22, 2022 to September 21, 2022 filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order)(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 24 STIPULATION for Protective Order filed by Plaintiff XP Electron International Co., Limited. (Attachments: #1 Proposed Order Proposed Order, #2 Proof of Service)(Cheng, Heidi) [Transferred from California Central on 10/21/2022.] |
| Filing 23 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Edward F. Roche to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank & Trust Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33727259) #19 , APPLICATION of Non-Resident Attorney Michael W. Mitchell to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank & Trust Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33727027) #18 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 7/22/22, Dkt. 5. Proposed Order has not been flattened and is causing a corruption with the filing. (lt) [Transferred from California Central on 10/21/2022.] |
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Filing 22
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Edward Roche to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank and Trust Company, designating Margaret McDonald as local counsel #19 . (iv) [Transferred from California Central on 10/21/2022.]
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Filing 21
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Michael Mitchell to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank and Trust Company, designating Margaret McDonald as local counsel #18 . (iv) [Transferred from California Central on 10/21/2022.]
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Filing 20
ORDER GRANTING DEFENDANT'S REQUEST TO EXTEND TIME TO FILE APPLICATIONS OF NONRESIDENT ATTORNEYS TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #17 by Judge John F. Walter. Upon consideration of this Request and seeing that no prejudice will come of extending the deadline to August 12, 2022 to file Applications of Non-Resident Attorneys to Appear Pro Hac Vice in this matter. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 19 APPLICATION of Non-Resident Attorney Edward F. Roche to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank & Trust Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33727259) filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order, #2 Proof of Service) (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 18 APPLICATION of Non-Resident Attorney Michael W. Mitchell to Appear Pro Hac Vice on behalf of Defendant First-Citizens Bank & Trust Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33727027) filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order, #2 Proof of Service) (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 17 REQUEST for Extension of Time to File Applications of Non-Resident Attorneys to Appear in a Specific Case Pro Hac Vice filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order, #2 Proof of Service) (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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Filing 16
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT #12 by Judge John F. Walter. FCB's time for filing a responsive pleading to XP Electron's First Amended Complaint is extended from its initial deadline of July 28, 2022 to August 29, 2022. (iv) [Transferred from California Central on 10/21/2022.]
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| Filing 15 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 250, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY [Transferred from California Central on 10/21/2022.] |
| Filing 14 PROOF OF SERVICE filed by Defendant First-Citizens Bank & Trust Company, re Supplement, #13 (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 13 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to First-Citizens Bank & Trust Company answer now due 8/29/2022, re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant First-Citizens Bank & Trust Company. (Attachments: #1 Proposed Order, #2 Proof of Service)(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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Filing 11
MINUTE ORDER (IN CHAMBERS): COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for August 22, 2022 at1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 8, 2022. The title page of the Joint Report must state the date and time of the Scheduling Conference. See minute order for further details. (lom) [Transferred from California Central on 10/21/2022.]
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Filing 10
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) [Transferred from California Central on 10/21/2022.]
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael W Mitchell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (rolm) [Transferred from California Central on 10/21/2022.] |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Edward Roche. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (rolm) [Transferred from California Central on 10/21/2022.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (rolm) [Transferred from California Central on 10/21/2022.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (rolm) [Transferred from California Central on 10/21/2022.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Maria A. Audero. (rolm) [Transferred from California Central on 10/21/2022.] |
| CONFORMED E-FILED COPY OF COMPLAINT against defendants Does, First Citizens Bank, filed by plaintiff EP Electron International Co., Limited. [FILED IN STATE COURT ON 6/21/22 ATTACHED AS EXHIBIT 1 TO THE NOTICE OF REMOVAL #1 ] (rolm) [Transferred from California Central on 10/21/2022.] |
| Filing 4 PROOF OF SERVICE filed by Defendant First Citizens Bank & Trust Company, re Notice of Removal (Attorney Civil Case Opening),, #1 ; Civil Cover Sheet; and Certification and Notice of Interested Parties served on July 21, 2022. (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant First Citizens Bank & Trust Company, identifying First Citizens Bank & Trust Company; and First Citizens BancShares, Inc.. (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant First Citizens Bank & Trust Company. (McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22PSCV00606 Receipt No: ACACDC-33674633 - Fee: $402, filed by Defendant First Citizens Bank & Trust Company. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2- Ex Parte Application, #3 Exhibit Exhibit 3 - POS, #4 Exhibit Exhibit 4 - Order re Ex Parte, #5 Exhibit Exhibit 5 - FAC, #6 Exhibit Exhibit 6 - Bank Annual Report) (Attorney Margaret Clemans McDonald added to party First Citizens Bank & Trust Company(pty:dft))(McDonald, Margaret) [Transferred from California Central on 10/21/2022.] |
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