Industrial Piping, Inc v. Xia et al
Plaintiff: Industrial Piping, Inc and The Finley Group
Defendant: Tao Zhang, Dayi Liu, Wei Xia, Mike Zhang, Sean Liu and Tianwei New Energy Holdings Co., Ltd.
Trustee: Gary Rainsdon
Case Number: 4:2015cv00450
Filed: September 25, 2015
Court: US District Court for the District of Idaho
Office: Pocatello - Eastern Office
County: Bannock - Eastern
Presiding Judge: B Lynn Winmill
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Property Damage
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Opinion or Order Filing 172 ORDER FOR DISMISSAL WITH PREJUDICE re #171 Stipulation of Dismissal filed by Tao Zhang, Dayi Liu. IT IS HEREBY ORDERED that the Stipulation (docket no. #171 ) is APPROVED, and the above-entitled cause and Complaint of The Finley Group as Receiver for Industrial Piping, Inc., as well as any claims for sanctions, and all causes of action stated therein, is DISMISSED WITH PREJUDICE, with each party to bear their own fees and costs. The Clerk shall close this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
September 12, 2019 Opinion or Order Filing 171 STIPULATION of Dismissal by Dayi Liu, Tao Zhang. (Gjording, Jack)
August 16, 2019 Opinion or Order Filing 170 MEMORANDUM DECISION AND ORDER. The motion in limine (docket no. #167 ) is GRANTED. Signed by Judge B. Lynn Winmill. (alw)
July 3, 2019 Opinion or Order Filing 169 REPLY to Response to Motion re #167 MOTION in Limine No. 4 to Limit the Testimony of Defendant's Expert Craig Roth filed by The Finley Group.Motion Ripe Deadline set for 7/5/2019.(Mau, Jason)
June 20, 2019 Opinion or Order Filing 168 RESPONSE to Motion re #167 MOTION in Limine No. 4 to Limit the Testimony of Defendant's Expert Craig Roth filed by Dayi Liu, Tao Zhang. Replies due by 7/5/2019.(Gjording, Jack)
May 31, 2019 Opinion or Order Filing 167 MOTION in Limine No. 4 to Limit the Testimony of Defendant's Expert Craig Roth Jason R Mau appearing for Plaintiff The Finley Group. Responses due by 6/21/2019 (Attachments: #1 Memorandum in Support, #2 Declaration of Jason R. Mau, #3 Exhibit A)(Mau, Jason)
May 2, 2019 Opinion or Order Filing 166 ORDER SETTING TRIAL AND PRETRIAL CONFERENCE. An 8-day trial shall be set for December 9, 2019, at 1:30 p.m. in the Federal Courthouse in Pocatello, Idaho. A telephonic pretrial conference shall be held on November 25, 2019, at 10:00 a.m. The parties agree that they shall notify the Court on or before October 28, 2019, that the case has either settled or will definitely go to trial. Signed by Judge B. Lynn Winmill. (alw)
April 19, 2019 Opinion or Order Filing 165 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 5/2/2019 at 11:00 AM (mountain time) before Judge B. Lynn Winmill, for the purpose of setting a trial date. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466.(jlb)
March 29, 2019 Opinion or Order Filing 164 REPLY to Response to Motion re #130 MOTION for Sanctions in Support of Defendants' Amended Memorandum of Fees and Costs filed by Dayi Liu, Tao Zhang.Motion Ripe Deadline set for 4/1/2019.(Adams, Stephen)
March 18, 2019 Opinion or Order Filing 163 RESPONSE re #162 Memorandum/Brief (generic) filed by The Finley Group . (Mau, Jason)
March 5, 2019 Opinion or Order Filing 162 MEMORANDUM/BRIEF filed by Dayi Liu, Tao Zhang Costs and Fees Amended (As to Caption Only). (Attachments: #1 Affidavit Jack S. Gjording)(Gjording, Jack)
March 4, 2019 Opinion or Order Filing 161 Motion for Costs and Fees by Dayi Liu, Tao Zhang. Taxation of Costs due by 3/18/2019 (Attachments: #1 Affidavit of Jack S. Gjording)(Gjording, Jack) Modified on 5/3/2019 to show as a pending motion & re-title as it is not a Bill of Costs (jp).
March 4, 2019 Opinion or Order Filing 160 MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that the motion for reconsideration (docket no. #153 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
February 1, 2019 Opinion or Order Filing 159 MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that the motion to clarify as to scope of discovery (docket no. #129 ) is DENIED. Signed by Judge B. Lynn Winmill. (alw)
January 16, 2019 Opinion or Order Filing 158 REPLY to Response to Motion re #153 MOTION for Reconsideration re #152 Memorandum Decision,,,,, Terminate Motions,,,, filed by The Finley Group.Motion Ripe Deadline set for 1/17/2019.(Mau, Jason)
January 10, 2019 Opinion or Order Filing 157 NOTICE by The Finley Group re #156 Order on Motion to Strike,,, Notice of Election in Response to January 3, 2019 Memorandum Decision and Order (Mau, Jason)
January 3, 2019 Opinion or Order Filing 156 MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that the motion to exclude and/or strike (docket no. #122 ) is GRANTED IN PART AND DENIED IN PART. Within ten days from the date of this decision, IPI must make an election filed in writing either (1) electing not to use at trial Lyons' recalculation of Lius spreadsheet, or (2) electing to use Lyons' recalculation of Liu's spreadsheet at trial and paying defendants their reasonable attorney fees and costs incurred in preparing the motion to exclude and associated briefing (docket nos. #122 & #131 ), and in addition, allowing defendants to elicit testimony from their own expert rebutting Lyons' recalculation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
January 2, 2019 Opinion or Order Filing 155 RESPONSE to Motion re #153 MOTION for Reconsideration re #152 Memorandum Decision and Order filed by Dayi Liu, Tao Zhang. Replies due by 1/16/2019.(Adams, Stephen) Modified on 1/15/2019 (cjs).
December 19, 2018 Opinion or Order Filing 154 NOTICE by The Finley Group re #153 MOTION for Reconsideration re #152 Memorandum Decision and Order Request for Oral Argument and Scheduling Conference (Mau, Jason) Modified on 1/15/2019 (cjs).
December 12, 2018 Opinion or Order Filing 153 MOTION for Reconsideration re #152 Memorandum Decision,,,,, Terminate Motions,,,, Jason R Mau appearing for Plaintiff The Finley Group. Responses due by 1/2/2019 (Attachments: #1 Memorandum in Support, #2 Declaration of Jason R. Mau, #3 Declaration of Daniel J. Weber, #4 Exhibit A, #5 Exhibit B)(Mau, Jason)
November 29, 2018 Opinion or Order Filing 152 MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the motion for partial summary judgment (docket no. #132 ) is DENIED.IT IS FURTHER ORDERED, that the motion for sanctions (docket no. #130 ) is GRANTED. Defendants shall submit an affidavit identifying the fees and costs they incurred for (1) opposing the motion to amend, (2) seeking to extend the discovery deadlines and trial date after the Court granted the motion, and (3) reviewing the substantive law on Count III. IT IS FURTHER ORDERED, that the motion for extension of time to respond to the motion for partial summary judgment (docket no. #138 ) is DEEMED MOOT. IT IS FURTHER ORDERED, that the motion to amend/correct to withdraw Count III and strike defenses (docket no. #109 ) is GRANTED. Count III of the Second Amended Complaint is DEEMED WITHDRAWN and defenses labeled Twelve through Twenty-Six contained in defendants answer to the Second Amended Complaint are STRICKEN. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
November 29, 2018 Opinion or Order Filing 151 DOCKET ENTRY ORDER granting #97 Motion in Limine. Pursuant to agreement between the parties, during the trial, all parties, including their counsel and lay and expert witnesses, shall not refer in any way to the treble damages available under the UDTPA. The Court expresses no opinion at this time on the other matters discussed in the briefing. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
November 29, 2018 Opinion or Order Filing 150 DOCKET ENTRY ORDER granting #124 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
November 27, 2018 Opinion or Order Filing 149 DOCKET ENTRY NOTICE OF VACATED HEARING: The Motion hearing scheduled for November 27, 2018 at 9:30 AM before Judge Winmill is VACATED. The Motion for Sanctions #130 and Motion for Partial Summary Judgment #132 shall be decided on the briefs. (jlb)
November 13, 2018 Opinion or Order Filing 148 RESPONSE to Motion re #138 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies filed by Dayi Liu, Tao Zhang. Replies due by 11/27/2018.(Adams, Stephen)
November 7, 2018 Opinion or Order Filing 147 MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the motion in limine re Jodi Whittaker (docket no. #96 ) is GRANTED. IT IS FURTHER ORDERED, that the motion in limine re Maggie Lyons (docket no. #98 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
November 6, 2018 Opinion or Order Filing 146 REPLY to Response to Motion re #132 MOTION for Partial Summary Judgment Re: Election of Remedies filed by The Finley Group. (Attachments: #1 Declaration of David Brakefield, #2 Declaration of Steven R. McCauley, #3 Declaration of Gary Rainsdon, #4 Exhibit A, #5 Exhibit B)(Mau, Jason)
November 6, 2018 Opinion or Order Filing 145 MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the motion in limine (docket no. #82 ) is DENIED, and the motion to stay (docket no. #89 ) is MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 30, 2018 Opinion or Order Filing 144 RESPONSE to Motion re #138 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies filed by The Finley Group. Replies due by 11/13/2018. (Attachments: #1 Declaration of Daniel J. Weber, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Mau, Jason)
October 23, 2018 Opinion or Order Filing 143 RESPONSE to Motion re #132 MOTION for Partial Summary Judgment Re: Election of Remedies filed by Dayi Liu, Tao Zhang. Replies due by 11/6/2018. (Attachments: #1 Affidavit Jack S. Gjording)(Adams, Stephen)
October 18, 2018 Opinion or Order Reset Deadlines as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies, pursuant to Order 142 . Responses due by 10/23/2018. (jlb)
October 15, 2018 Opinion or Order Filing 142 DOCKET ENTRY ORDER granting #139 Motion for Extension of Time to File Response/Reply. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
October 11, 2018 Opinion or Order Filing 141 AMENDED DOCKET ENTRY NOTICE OF HEARING regarding #130 MOTION for Sanctions and #132 MOTION for Partial Summary Judgment Re Election of Remedies: Due to scheduling conflicts, the Motion Hearing set for 11/19/2018 is VACATED and RESCHEDULED for 11/27/2018 at 9:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)
October 9, 2018 Opinion or Order Filing 140 STIPULATION re #139 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies , #132 MOTION for Partial Summary Judgment Re: Election of Remedies by Dayi Liu, Tao Zhang. (Adams, Stephen)
October 9, 2018 Opinion or Order Filing 139 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 10/30/2018 (Adams, Stephen)
October 9, 2018 Opinion or Order Filing 138 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment Re: Election of Remedies Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 10/30/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit Stephen L. Adams, #3 Exhibit A-C, #4 Exhibit D, #5 Exhibit E)(Adams, Stephen)
October 4, 2018 Opinion or Order Filing 137 REPLY to Response to Motion re #130 MOTION for Sanctions filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
October 3, 2018 Opinion or Order Filing 136 REPLY to Response to Motion re #129 MOTION to Clarify as to Scope of Discovery filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
October 1, 2018 Opinion or Order Filing 135 DOCKET ENTRY NOTICE OF HEARING regarding #130 MOTION for Sanctions, and #132 MOTION for Partial Summary Judgment Re: Election of Remedies: A Motion Hearing is set for 11/19/2018 at 3:30 PM in Pocatello - Bankruptcy/Magistrate Courtroom before Judge B. Lynn Winmill. (jlb)
September 20, 2018 Opinion or Order Filing 134 MEMORANDUM in Opposition re #130 MOTION for Sanctions filed by Industrial Piping, Inc. Replies due by 10/4/2018. (Attachments: #1 Affidavit (Declaration) of Daniel Weber in Support of IPI's Opposition to Defendants' Motion for Sanctions, #2 Exhibit A to D. Weber Declaration, #3 Exhibit B-C to D. Weber Declaration)(Mau, Jason)
September 19, 2018 Opinion or Order Filing 133 MEMORANDUM in Opposition re #129 MOTION to Clarify as to Scope of Discovery filed by Industrial Piping, Inc. Replies due by 10/3/2018. (Attachments: #1 Affidavit (Declaration) of Daniel Weber in Support of IPI's Opposition to Defendants' Motion for Clarification, #2 Exhibit A-C to D. Weber Declaration, #3 Exhibit D to D. Weber Declaration, #4 Exhibit E to D. Weber Declaration, #5 Exhibit F (part 1) to D. Weber Declaration, #6 Exhibit F (part 2) to D. Weber Declaration, #7 Exhibit G to D. Weber Declaration)(Mau, Jason)
September 18, 2018 Opinion or Order Filing 132 MOTION for Partial Summary Judgment Re: Election of Remedies Jason R Mau appearing for Plaintiff The Finley Group. Responses due by 10/9/2018 (Attachments: #1 Statement of Undisputed Facts in Support, #2 Memorandum in Support, #3 Affidavit (Declaration) of Daniel J. Weber in Support, #4 Exhibit A-C to D. Weber Declaration, #5 Exhibit D-F to D. Weber Declaration, #6 Exhibit G-I to D. Weber Declaration, #7 Exhibit J-K to D. Weber Declaration)(Mau, Jason)
September 5, 2018 Opinion or Order Filing 131 REPLY to Response to Motion re #122 MOTION to Strike and/or Exclude (re Maggie Lyons) filed by Dayi Liu, Tao Zhang. (Attachments: #1 Affidavit Stephen L. Adams)(Adams, Stephen)
August 31, 2018 Opinion or Order Filing 130 MOTION for Sanctions Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 9/21/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit Jack S. GJording)(Gjording, Jack)
August 31, 2018 Opinion or Order Filing 129 MOTION to Clarify as to Scope of Discovery Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 9/21/2018 (Attachments: #1 Memorandum in Support)(Gjording, Jack)
August 24, 2018 Opinion or Order Filing 128 DOCKET ENTRY ORDER - The referral for all non-dispositive matters to United States Magistrate Judge Candy W. Dale contained in the Scheduling Order #25 is hereby WITHDRAWN. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
August 24, 2018 Opinion or Order Filing 127 DOCKET ENTRY ORDER granting #113 Motion for Leave to File Excess Pages. Plaintiff's brief shall not exceed 23 pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
August 22, 2018 Opinion or Order Filing 126 MEMORANDUM in Opposition re #122 MOTION to Strike and/or Exclude (re Maggie Lyons) filed by Industrial Piping, Inc, The Finley Group. Replies due by 9/5/2018. (Attachments: #1 Affidavit in Support of Plaintiff's Opposition to Defendants' Motion to Strike Declaration of M. Lyons, #2 Exhibit A to Declaration of D. Weber, #3 Exhibit B to Declaration of D. Weber, #4 Exhibit C to Declaration of D. Weber, #5 Exhibit D to Declaration of D. Weber)(Mau, Jason)
August 15, 2018 Opinion or Order Filing 125 REPLY to Response to Motion re #109 MOTION to Amend/Correct Withdraw Count III of its Second Amended Complaint and to Strike Defendants' Defenses in their Answer to Second Amended Complaint filed by Industrial Piping, Inc. (Attachments: #1 Affidavit (Declaration) of D. Weber, #2 Exhibit A-C to D. Weber Dec, #3 Affidavit (Declaration) of J. Mau, #4 Exhibit A-B to J. Mau Dec)(Mau, Jason)
August 15, 2018 Opinion or Order Filing 124 MOTION for Leave to File Excess Pages Re Plaintiff's Memo ISO Motoion to Withdraw Count III of Second Amended Complaint and Strike Defendants' Defenses in Answer to Second Amended Complaint Jason R Mau appearing for Plaintiff The Finley Group.Motions referred to Candy W. Dale. Responses due by 9/5/2018 (Mau, Jason)
August 8, 2018 Opinion or Order Filing 123 NOTICE by Industrial Piping, Inc, The Finley Group and Supplement to Pro Hac Vice (Mau, Jason)
August 7, 2018 Opinion or Order Filing 122 MOTION to Strike and/or Exclude (re Maggie Lyons) Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang.Motions referred to Candy W. Dale. Responses due by 8/28/2018 (Attachments: #1 Memorandum in Support)(Adams, Stephen)
August 7, 2018 Opinion or Order Filing 121 NOTICE of Substitution - (Mau, Jason)
August 1, 2018 Opinion or Order Filing 120 RESPONSE to Motion re #109 MOTION to Amend/Correct Withdraw Count III of its Second Amended Complaint and to Strike Defendants' Defenses in their Answer to Second Amended Complaint filed by Dayi Liu, Tao Zhang. Replies due by 8/15/2018.(Adams, Stephen)
July 30, 2018 Opinion or Order Filing 119 REPLY to Response to Motion re #98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing re Maggie Lyons filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
July 30, 2018 Opinion or Order Filing 118 REPLY to Response to Motion re #97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA filed by Industrial Piping, Inc, The Finley Group.(Mau, Jason)
July 30, 2018 Opinion or Order Filing 117 REPLY to Response to Motion re #96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker filed by Industrial Piping, Inc, The Finley Group.(Mau, Jason)
July 23, 2018 Opinion or Order DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Edward J. Lodge no longer assigned to case. Please use case number 4:15-cv-00450-BLW-CWD on all future pleadings. (st)
July 20, 2018 Opinion or Order Filing 116 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 8/8/2018 at 3:00 PM before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb)
July 20, 2018 Opinion or Order Filing 115 DOCKET ENTRY ORDER - IT IS HEREBY ORDERED that this case is reassigned to the Honorable B. Lynn Winmill for all further proceedings. The new case number shall be 4:15-cv-450-BLW. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jlb)
July 16, 2018 Opinion or Order Filing 114 MEMORANDUM in Opposition re #98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing filed by The Finley Group. Replies due by 7/30/2018. (Attachments: #1 Affidavit (Declaration) of M. Lyons, #2 Affidavit (Declaration) of D. Weber)(Mau, Jason)
July 16, 2018 Opinion or Order Filing 113 MOTION for Leave to File Excess Pages in Memorandum in Opposition to Defs' Motion in Limine Jason R Mau appearing for Plaintiff The Finley Group.Motions referred to Candy W. Dale. Responses due by 8/6/2018 (Mau, Jason)
July 16, 2018 Opinion or Order Filing 112 MEMORANDUM in Opposition re #97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA filed by Dayi Liu, Tao Zhang. Replies due by 7/30/2018.(Hall, Julianne)
July 16, 2018 Opinion or Order Filing 111 MEMORANDUM in Opposition re #96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker filed by Dayi Liu, Tao Zhang. Replies due by 7/30/2018.(Hall, Julianne)
July 13, 2018 Opinion or Order Set/Reset Deadlines as to #98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing, #97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA, #96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker. Responses due by 7/16/2018 Replies due by 7/30/2018. (km)
July 12, 2018 Opinion or Order Filing 110 ORDER APPROVING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS IN LIMINE (DKT. #107 ). The deadline to respond to the respective Motions in Limine (Dkts. #96 , #97 , and #98 ), currently set for July 9, 2018, is hereby extended to July 16, 2018. Any reply briefs must be filed by July 30, 2018IT IS SO ORDERED.. Signed by Judge Candy W. Dale. (km)
July 11, 2018 Opinion or Order Filing 109 MOTION to Amend/Correct Withdraw Count III of its Second Amended Complaint and to Strike Defendants' Defenses in their Answer to Second Amended Complaint Jason R Mau appearing for Plaintiff The Finley Group.Motions referred to Candy W. Dale. Responses due by 8/1/2018 (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Memorandum in Support)(Mau, Jason)
July 9, 2018 Opinion or Order Filing 108 NOTICE by Dayi Liu, Tao Zhang of Request for Number of Trial Days (Gjording, Jack)
July 9, 2018 Opinion or Order Filing 107 STIPULATION re #96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker, #97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA, #98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing for Extension of Time to Response to Motions in Limine by Industrial Piping, Inc. (Mau, Jason)
July 5, 2018 Opinion or Order Filing 106 NOTICE by Industrial Piping, Inc of Firm Name Change (Mau, Jason)
June 27, 2018 Opinion or Order Set/Reset Deadlines as to #98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing, #97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA, and #96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker. Responses due by 7/9/2018. (Per Order, dkt #104)(st)
June 26, 2018 Opinion or Order Filing 105 REPLY to Response to Motion re #89 MOTION to Stay re #82 MOTION in Limine Motion to Stay Ruling filed by Dayi Liu.(Hall, Julianne)
June 26, 2018 Opinion or Order Filing 104 DOCKET ENTRY ORDER vacating the deadlines set forth in the Court's June 11, 2018 Order Re Briefing Schedule (Dkt. 91). The briefing deadlines applicable to the pending Motions in Limine filed June 18, 2018 will be governed by District of Idaho Local Civil Rule 7.1. Accordingly, responsive briefs are due on or before July 9, 2018 and reply briefs are due within 14 days of any response. Signed by Judge Edward J. Lodge.(kld)
June 22, 2018 Opinion or Order Filing 103 ORDER RE TRIAL DATE - NOW THEREFORE IT IS HEREBY ORDERED that Defendants Motion to Vacate and Reset the Trial Date (Dkt. #87 ) is GRANTED IN PART and DENIED IN PART. The trial date is vacated and will be reset by separate order. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
June 22, 2018 Opinion or Order Filing 102 REPLY to Response to Motion re #87 MOTION to Vacate and Reset Trial filed by Dayi Liu, Tao Zhang. (Attachments: #1 Affidavit Jack S. Gjording)(Gjording, Jack)
June 21, 2018 Opinion or Order Filing 101 ANSWER to #85 Amended Complaint Second Amended Complaint by Dayi Liu, Tao Zhang.(Gjording, Jack)
June 19, 2018 Opinion or Order Filing 100 DOCKET ENTRY ORDER: In consideration of Defendants' Motion for Leave to File Excess Pages #99 , and finding good cause therefor, the motion is granted. Signed by Judge Candy W. Dale. (ah)
June 18, 2018 Opinion or Order Filing 99 MOTION for Leave to File Excess Pages Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang.Motions referred to Candy W. Dale. Responses due by 7/9/2018 (Gjording, Jack)
June 18, 2018 Opinion or Order Filing 98 MOTION in Limine to Strike, Exclude or Limit Testimony and Motion for Daubert Hearing Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 7/9/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit Jack S. GJording, #3 Exhibit A-D, #4 Exhibit E-G)(Gjording, Jack)
June 18, 2018 Opinion or Order Filing 97 MOTION in Limine Plaintiff's Motion in Limine No. 3 to Preclude Reference to Treble Damages Under the North Carolina UDTPA Jason R Mau appearing for Plaintiff The Finley Group. Responses due by 7/9/2018 (Attachments: #1 Memorandum in Support)(Mau, Jason)
June 18, 2018 Opinion or Order Filing 96 MOTION in Limine Plaintiff's Motion in Limine No. 2 to Exclude Testimony of Defendants' Expert Jodi Whittaker Jason R Mau appearing for Plaintiff The Finley Group. Responses due by 7/9/2018 (Attachments: #1 Memorandum in Support, #2 Declaration of Jason R. Mau, #3 Exhibit A to Mau Decl., #4 Exhibit B to Mau Decl.)(Mau, Jason)
June 18, 2018 Opinion or Order Filing 95 MEMORANDUM in Opposition re #87 MOTION to Vacate and Reset Trial filed by The Finley Group. Replies due by 7/2/2018. (Attachments: #1 Declaration of Daniel J. Weber, #2 Exhibit 1 to Weber Decl., #3 Exhibit 2 to Weber Decl., #4 Exhibit 3 to Weber Decl., #5 Exhibit 4 to Weber Decl., #6 Exhibit 5 to Weber Decl., #7 Exhibit 6 to Weber Decl., #8 Exhibit 7 to Weber Decl., #9 Exhibit 8 to Weber Decl., #10 Exhibit 9 to Weber Decl., #11 Exhibit 10 to Weber Decl.)(Mau, Jason)
June 15, 2018 Opinion or Order Filing 94 REPLY to Response to Motion re #89 MOTION to Stay re #82 MOTION in Limine Motion to Stay Ruling, #82 MOTION in Limine Plaintiff's Reply Brief in Support of #82 Permissive Motion in Limine and Response to #89 Defendants' Motion to Stay Ruling filed by The Finley Group.(Mau, Jason)
June 14, 2018 Opinion or Order Filing 93 ORDER Denying Defendants' #72 Motion to Compel. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
June 12, 2018 Opinion or Order Filing 92 DOCKET ENTRY ORDER clarifying typographical error in the Court's June 11, 2018 Order (Dkt. 91). The trial in this matter is currently set to begin on Tuesday, July 17, 2018. Signed by Judge Edward J. Lodge.(kld)
June 11, 2018 Opinion or Order Filing 91 ORDER RE BRIEFING SCHEDULE re #82 Plaintiffs Permissive MOTION in Limine, #87 Defendants MOTION to Vacate and Reset Trial, #89 Defendants MOTION to Stay Ruling on Plaintiffs Permissive Motion in Limine. All Additional Motions in Limine are due on or before June 18, 2018; responses are due on or before July 2, 2018; and replies, if any, are due on or before July 9, 2018. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
June 11, 2018 Opinion or Order Filing 90 DOCKET ENTRY ORDER granting the parties' Stipulation for Extension of Time for Defendants Zhang and Liu to Respond to Second Amended Complaint and Demand for Jury Trial (Dkt. 86). For good cause shown and in light of the parties' agreement, the deadline for Defendants Zhang and Liu to file a response to Plaintiff's Second Amended Complaint and Demand for Jury Trial (Dkt. 85) is hereby extended to June 21, 2018. Signed by Judge Edward J. Lodge.(kld)
June 11, 2018 Opinion or Order Reset Deadlines as to #87 MOTION to Vacate and Reset Trial. Responses due by 6/18/2018. Replies due by 6/22/2018. Pursuant to Order Dkt. #91 .(cjs)
June 11, 2018 Opinion or Order Reset Deadlines as to #89 MOTION to Stay Ruling re #82 MOTION in Limine. Responses due by 6/22/2018. Replies due by 6/26/2018. Pursuant to Order Dkt. #91 . (cjs)
June 11, 2018 Opinion or Order Reset Deadlines as to #82 MOTION in Limine. Replies due by 6/22/2018. Pursuant to Order Dkt. #91 .(cjs)
June 8, 2018 Opinion or Order Filing 89 MOTION to Stay re #82 MOTION in Limine Motion to Stay Ruling Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 6/29/2018 (Adams, Stephen)
June 8, 2018 Opinion or Order Filing 88 RESPONSE to Motion re #82 MOTION in Limine re admission of trial exhibits filed by Dayi Liu, Tao Zhang. Replies due by 6/22/2018. (Attachments: #1 Affidavit Stephen L. Adams)(Adams, Stephen)
June 8, 2018 Opinion or Order Filing 87 MOTION to Vacate and Reset Trial Julianne Slayton Hall appearing for Defendants Dayi Liu, Tao Zhang.Motions referred to Candy W. Dale. Responses due by 6/29/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Hall, Julianne)
June 8, 2018 Opinion or Order Filing 86 STIPULATION for Extension to Respond to Second Amended Complaint by Dayi Liu, Tao Zhang. (Hall, Julianne)
May 31, 2018 Opinion or Order Filing 85 AMENDED COMPLAINT Second Amended Complaint and Demand for Jury Trial against Dayi Liu, Tao Zhang, filed by Industrial Piping, Inc, Finley Group, The.(Mau, Jason)
May 30, 2018 Opinion or Order Filing 84 ORDER. IT IS HEREBY ORDERED that: Plaintiff IPI's Motion for Leave to File Amended Complaint and to Substitute Party (Dkt. #60 ) is GRANTED; Defendants Zhang and Liu's Motion for Summary Judgment (Dkt. #66 ) is DENIED; and Defendants Zhang and Liu's Second Motion for Summary Judgment (Dkt. #71 ) is DENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
May 21, 2018 Opinion or Order Filing 83 ORDER GRANTING PLAINTIFF'S MOTION FOR PERMISSION TO FILE OVERLENGTH BRIEF (DKT #81 ). IT IS HEREBY ORDERED THAT Plaintiff is permitted to file its Memorandum in Support of Plaintiff's Permissive Motion in Limine in excess of the page limitations set forth in Local Rule 7.1. The Brief shall not exceed twenty-four (24) pages and supporting Appendixes of twenty (20) total pages. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
May 18, 2018 Opinion or Order Filing 82 MOTION in Limine Jason R Mau appearing for Plaintiff Industrial Piping, Inc. Responses due by 6/8/2018 (Attachments: #1 Memorandum in Support, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Declaration of David Brakefield, #6 Exhibit A to Brakefield Decl., #7 Exhibit B to Brakefield Decl., #8 Exhibit C to Brakefield Decl., #9 Declaration of Daniel J. Weber, #10 Exhibit A to Weber Decl., #11 Exhibit B to Weber Decl., #12 Exhibit C to Weber Decl., #13 Exhibit D to Weber Decl., #14 Exhibit E to Weber Decl., #15 Exhibit F to Weber Decl., #16 Exhibit G to Weber Decl., #17 Exhibits H - P to Weber Decl. [these exhibits are too voluminous, so are being lodged with Court on a thumb drive])(Mau, Jason) (Thumb drive containing Exhibits H - P received in Clerk's Office on 5/21/2018 and maintained in envelop in file room) Modified on 5/23/2018 to note received date (km).
May 18, 2018 Opinion or Order Filing 81 MOTION for Leave to File Excess Pages Jason R Mau appearing for Plaintiff Industrial Piping, Inc.Motions referred to Candy W. Dale. Responses due by 6/8/2018 (Mau, Jason)
May 11, 2018 Opinion or Order Filing 80 ORDER - NOW THEREFORE IT IS HEREBY ORDERED that Defendants Zhang and Lius Motion to Change Venue (Dkt. #63 ) is DENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
April 27, 2018 Opinion or Order Filing 79 REPLY to Response to Motion re #71 Second MOTION for Summary Judgment filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
April 27, 2018 Opinion or Order Filing 78 REPLY to Response to Motion re #72 MOTION to Compel (re depos) filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
April 13, 2018 Opinion or Order Filing 77 RESPONSE to Motion re #71 Second MOTION for Summary Judgment filed by Industrial Piping, Inc. Replies due by 4/27/2018. (Attachments: #1 IPI's Separate Statement of Material Facts, #2 Declaration of Jason R. Mau, #3 Declaration of David Brakefield)(Mau, Jason)
April 13, 2018 Opinion or Order Filing 76 MEMORANDUM in Opposition re #72 MOTION to Compel (re depos) filed by Industrial Piping, Inc. Replies due by 4/27/2018. (Attachments: #1 Declaration of Daniel J. Weber)(Mau, Jason)
April 9, 2018 Opinion or Order Filing 75 ORDER APPROVING SECOND STIPULATION EXTENDING DISCOVERY DEADLINES (Dkt. #70 ) - The discovery deadline, currently set for 3/26/2018, is extended for the limited purpose of allowing Plaintiff to provide, on or before 4/13/2018, the name or names of the person or persons who will testify in response to a deposition set by Defendants pursuant to F.R.C.P. 30(b)(6), and that such deposition will take place no later than 5/1/2018. (Discovery due by 4/13/2018.) Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
April 3, 2018 Opinion or Order Filing 74 REPLY to Response to Motion re #66 MOTION for Summary Judgment filed by Dayi Liu, Tao Zhang.(Adams, Stephen)
March 27, 2018 Opinion or Order Filing 73 REPLY to Response to Motion re #63 MOTION to Change Venue filed by Dayi Liu, Tao Zhang.(Gjording, Jack)
March 23, 2018 Opinion or Order Filing 72 MOTION to Compel (re depos) Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang.Motions referred to Candy W. Dale. Responses due by 4/13/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit Jack S. GJording, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Adams, Stephen)
March 23, 2018 Opinion or Order Filing 71 Second MOTION for Summary Judgment Stephen Lee Adams appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 4/13/2018 (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Affidavit Jack S. Gjording)(Adams, Stephen)
March 23, 2018 Opinion or Order Filing 70 STIPULATION Second Stipulation Extending Discovery Deadlines by Dayi Liu, Tao Zhang. (Gjording, Jack)
March 20, 2018 Opinion or Order Filing 69 RESPONSE to Motion re #66 MOTION for Summary Judgment filed by Industrial Piping, Inc. Replies due by 4/3/2018. (Attachments: #1 Exhibit A to IPI's Response, #2 Separate Statement of Material Facts, #3 Declaration of Jason R. Mau, #4 Declaration of Mike Jones, #5 Declaration of Hans Ransom, #6 Exhibit A to Ransom Decl., #7 Exhibit B to Ransom Decl., #8 Exhibit C to Ransom Decl., #9 Exhibit D to Ransom Decl., #10 Exhibit E to Ransom Decl.)(Mau, Jason)
March 13, 2018 Opinion or Order Filing 68 MEMORANDUM in Opposition re #63 MOTION to Change Venue filed by Industrial Piping, Inc. Replies due by 3/27/2018. (Attachments: #1 Declaration of Jason R. Mau, #2 Declaration of Daniel J. Weber)(Mau, Jason)
March 13, 2018 Opinion or Order Filing 67 REPLY to Response to Motion re #60 MOTION for Leave to File Second Amended Complaint and to Substitute Party filed by Industrial Piping, Inc.(Mau, Jason)
February 27, 2018 Opinion or Order Filing 66 MOTION for Summary Judgment Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 3/20/2018 (Attachments: #1 SOF In Support, #2 Memorandum in Support, #3 Affidavit Sean Liu, #4 Affidavit Mike Zhang)(Gjording, Jack)
February 27, 2018 Opinion or Order Filing 65 RESPONSE to Motion re #60 MOTION for Leave to File Second Amended Complaint and to Substitute Party filed by Dayi Liu, Tao Zhang. Replies due by 3/13/2018.(Gjording, Jack)
February 22, 2018 Opinion or Order Filing 64 NOTICE of Appearance by Stephen Lee Adams on behalf of Dayi Liu, Tao Zhang (Adams, Stephen)
February 20, 2018 Opinion or Order Filing 63 MOTION to Change Venue Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang.Motions referred to Candy W. Dale. Responses due by 3/13/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Gjording, Jack)
February 12, 2018 Opinion or Order Filing 62 ORDER GRANTING STIPULATION TO EXTEND DEADLINES re #61 Stipulation. (Discovery due by 3/26/2018.) Additionally, Defendants must file a Response to Plaintiff's Motion for Leave to file a Second Amended Compliant and to Substitute a Party #60 , on or before 2/27/2018. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 12, 2018 Opinion or Order Set/Reset Deadlines as to #60 MOTION for Leave to File Second Amended Complaint and to Substitute Party. Responses due by 2/27/2018. (Per Order, dkt #62)(st)
February 8, 2018 Opinion or Order Filing 61 STIPULATION Extending Discovery Deadlines by Dayi Liu, Tao Zhang. (Gjording, Jack)
January 30, 2018 Opinion or Order Filing 60 MOTION for Leave to File Second Amended Complaint and to Substitute Party Jason R Mau appearing for Plaintiff Industrial Piping, Inc.Motions referred to Candy W. Dale. Responses due by 2/20/2018 (Attachments: #1 Exhibit A - proposed Second Amended Complaint (redlined), #2 Memorandum in Support, #3 Declaration of Jason R. Mau, #4 Exhibit A to J.Mau Declaration, #5 Exhibit B to J.Mau Declaration)(Mau, Jason)
January 16, 2018 Opinion or Order Filing 59 NOTICE of Appearance by Julianne Slayton Hall on behalf of Dayi Liu, Tao Zhang (Hall, Julianne)
January 16, 2018 Opinion or Order NOTICE TO COURT that counsel James B. Smith wishes to no longer be noticed electronically on this case as of the date of this notice. (Hall, Julianne)
December 12, 2017 Opinion or Order Filing 58 NOTICE by Industrial Piping, Inc, Gary Rainsdon re #57 MOTION to Quash Subpoena Joint Notice of Withdrawal of Motion to Quash Subpoena and Withdrawal of Subpoena (Mau, Jason)
November 22, 2017 Opinion or Order Filing 57 MOTION to Quash Subpoena Jason Ronald Naess appearing for Trustee Gary Rainsdon.Motions referred to Candy W. Dale. Responses due by 12/13/2017 (Attachments: #1 Brief in Support of Objection to Subpoena and Motion to Quash Subpoena)(Naess, Jason)
October 24, 2017 Opinion or Order Filing 56 CASE MANAGEMENT ORDER. All non-dispositive matters are referred to United States Magistrate Judge Candy W. Dale. ADR must be held by 3/12/2018. (Amended Pleadings due by 1/30/2018. Discovery due by 3/16/2018. Joinder of Parties due by 1/30/2018. Dispositive Motions due by 3/23/2018. Jury Trial set for 7/17/2018 09:30 AM in Boise - Courtroom 2 before Judge Edward J. Lodge.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
October 24, 2017 Opinion or Order Filing 55 DOCKET ENTRY ORDER Terminating the Referral to Judge Ronald E. Bush for Settlement Conference proceedings. The Parties will be pursuing Mediation in this matter. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so)
October 20, 2017 Opinion or Order Filing 54 DOCKET ENTRY NOTICE VACATING Hearing: Litigation plans having been filed with the Court, the Telephonic Scheduling Conference set for 10/20/2017 10:00 AM before Judge Edward J. Lodge is VACATED. Case Management Order forthcoming. (so)
October 20, 2017 Opinion or Order Filing 53 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Dayi Liu, Tao Zhang. (Smith, James)
October 19, 2017 Opinion or Order Filing 52 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Industrial Piping, Inc. (Mau, Jason)
October 10, 2017 Opinion or Order Filing 51 DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference set for 10/20/2017 10:00 AM before Judge Edward J. Lodge. Plaintiff must initiate the conference call by placing it to (208) 334-9256 and must have all appropriate parties on the line.(so)
September 15, 2017 Opinion or Order Filing 50 ANSWER to #49 Amended Complaint by Dayi Liu, Tao Zhang.(Smith, James)
September 1, 2017 Opinion or Order Filing 49 AMENDED COMPLAINT First Amended Complaint and Demand for Jury Trial against Dayi Liu, Tao Zhang, filed by Industrial Piping, Inc.(Mau, Jason)
August 29, 2017 Opinion or Order Filing 48 ORDER. NOW THEREFORE IT IS HEREBY ORDERED that Defendants Zhang and Liu's Motion for Entry of Judgment #37 is DENIED and Plaintiff's Motion to Revise the Court's September 28, 2016 Order to Grant Leave to File First Amended Complaint #40 is GRANTED IN PART and DENIED IN PART. Plaintiff has seven days from entry of this Order to file an amended complaint against Defendants Zhang and Liu consistent with this Order. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
July 20, 2017 Opinion or Order Filing 47 NOTICE of Voluntary Dismissal by Industrial Piping, Inc (Mau, Jason)
May 9, 2017 Opinion or Order Filing 46 DOCKET ENTRY NOTICE VACATING HEARING - Motion Hearing currently set for 6/2/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale is hereby VACATED. MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant MOTION for Leave to File First Amended Complaint, Dkt. #40 , is no longer referred to Judge Dale for disposition. (at)
April 19, 2017 Opinion or Order Filing 45 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: #40 MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant MOTION for Leave to File First Amended Complaint - Motion Hearing currently set for 5/15/2017 01:30 PM is hereby VACATED and RE-SET for 6/2/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)
March 8, 2017 Opinion or Order Filing 44 DOCKET ENTRY NOTICE of Hearing on Motion: #40 MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant, MOTION for Leave to File First Amended Complaint - Motion Hearing set for 5/15/2017 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)
February 1, 2017 Opinion or Order Filing 43 DOCKET ENTRY ORDER VACATING 04/18/2017 jury trial and all pretrial filings, to be reset, if necessary, after the court issues a ruling on the pending motions. SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
December 19, 2016 Opinion or Order Filing 42 REPLY to Response to Motion re #40 MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant MOTION for Leave to File First Amended Complaint filed by Industrial Piping, Inc.(Mau, Jason)
December 5, 2016 Opinion or Order Filing 41 MEMORANDUM in Opposition re #40 MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant MOTION for Leave to File First Amended Complaint filed by Dayi Liu, Tao Zhang. Replies due by 12/22/2016.(Smith, James)
November 11, 2016 Opinion or Order Filing 40 MOTION to Amend/Correct #35 Order on Motion to Dismiss for Failure to State a Claim, to Grant, MOTION for Leave to File First Amended Complaint ( Responses due by 12/5/2016)Jason R Mau appearing for Plaintiff Industrial Piping, Inc.Motions referred to Candy W. Dale. (Attachments: #1 proposed First Amended Complaint, #2 Memorandum in Support, #3 Supplemental Affidavit of Celeste Ingalls)(Mau, Jason)
November 11, 2016 Opinion or Order Filing 39 RESPONSE to Motion re #37 MOTION for Entry of Judgmentas to Defendants Tao Zhang and Dayi Liu filed by Industrial Piping, Inc. Replies due by 11/28/2016.(Mau, Jason)
October 25, 2016 Opinion or Order Filing 38 CERTIFICATE OF SERVICE by Dayi Liu, Tao Zhang re #37 MOTION for Entry of Judgmentas to Defendants Tao Zhang and Dayi Liu Corrected as to Date Only (Smith, James)
October 25, 2016 Opinion or Order Filing 37 MOTION for Entry of Judgment as to Defendants Tao Zhang and Dayi Liu James Bryant Smith appearing for Defendants Tao Zhang, Dayi Liu. Motions referred to Candy W. Dale. Responses due by 11/18/2016 (Smith, James) Modified on 10/25/2016 to correct filing parties in docket text (cjs).
October 4, 2016 Opinion or Order Filing 36 DOCKET ENTRY ORDER: Pending before the Court is Plaintiff's and Defendants Tao Zhang's and Dayi Liu's stipulation to extend discovery deadlines, filed on September 27, 2016. (Dkt. #34 .) The following day, the Court entered an order granting Tao's and Zhang's Motion to Dismiss, which terminated Tao and Zhang as parties from this litigation. (Dkt. #35 .) Accordingly, the Court will DENY the Stipulation and MOOT. Signed by Judge Candy W. Dale. (tmp)
September 28, 2016 Opinion or Order Filing 35 MEMORANDUM DECISION AND ORDER granting #15 Motion to Dismiss for Failure to State a Claim. IPI's claims against Defendants Zhang and Liu are DISMISSED WITHOUT PREJUDICE. IPI's claims against Defendants Xia and Tianwei remain open. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
September 27, 2016 Opinion or Order Filing 34 STIPULATION to Extend Discovery and ADR Deadlines by Dayi Liu, Tao Zhang. (Smith, James)
August 31, 2016 Opinion or Order CORRECTIVE ENTRY - The entry docket number #33 Certificate of Compliance filed by Industrial Piping, Inc was filed incorrectly in this case. Pursuant to Local Rule 5.4 Non-Filing of Discovery, discovery documents must be served upon other counsel and parties but must not be filed with the Clerk of Court unless on order of the court or for use in the proceeding.(cjs)
August 30, 2016 Opinion or Order Filing 33 CERTIFICATE OF COMPLIANCE by Plaintiff Industrial Piping, Inc Notice of Compliance re: Expert Disclosures. (Mau, Jason)
July 18, 2016 Opinion or Order Filing 32 DOCKET ENTRY ORDER DENYING #30 Motion for Hearing. The Court has reviewed the Motion and does not find a hearing is necessary in order for the Court to analyze North Carolina's Unfair or Deceptive Trade Practices Act. SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
July 7, 2016 Opinion or Order Filing 31 ORDER RE: STIPULATION TO EXTEND DISCOVERY AND ADR DEADLINES re #27 Stipulation. (Amended Pleadings due by 10/28/2016. Discovery due by 10/28/2016. Joinder of Parties due by 10/28/2016. Judicially Supervised Settlement Conference shall be held by 10/28/2016. Motions due by 11/10/2016.). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
July 6, 2016 Opinion or Order Filing 30 MOTION for Hearing re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Jason R Mau appearing for Plaintiff Industrial Piping, Inc.Motions referred to Candy W. Dale. Responses due by 8/1/2016 (Mau, Jason)
July 6, 2016 Opinion or Order CORRECTIVE ENTRY - Docket number #29 Notice (Other) filed by Industrial Piping, Inc was filed using the wrong event. The filing party shall re-submit their filing as a Motion for Hearing located under civil events, motions, hearing.(st)
July 5, 2016 Opinion or Order Filing 29 NOTICE by Industrial Piping, Inc Request for Hearing on Defendants Zhang and Liu's #15 Motion to Dismiss for Failure to State a Claim (Mau, Jason)
July 1, 2016 Opinion or Order Filing 28 NOTICE by Industrial Piping, Inc re #27 Stipulation of Status of Efforts to Serve Two Defendants in China (Attachments: #1 Exhibit A)(Mau, Jason)
July 1, 2016 Opinion or Order Filing 27 STIPULATION to Extend Discovery and ADR Deadlines by Dayi Liu, Tao Zhang. (Smith, James)
May 19, 2016 Opinion or Order Filing 26 DOCKET ENTRY ORDER: Pending before the Court is Defendants' Motion to Take Judicial Notice (Dkt. #16 ) of Plaintiff's prior complaint against the Defendants in the United States District Court for the Western District of North Carolina. Federal Rule of Evidence 201 authorizes the Court to take judicial notice of adjudicative facts so long as any such fact is "not subject to reasonable dispute because it (1) is generally known within the trial court's territorial jurisdiction, or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." The Court finds the complaint meets the criteria for judicial notice in that the facts can be readily determined from the source--the North Carolina trial docket--and the accuracy cannot be reasonably questioned. Accordingly, the Court will grant the motion. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (tmp)
January 11, 2016 Opinion or Order Filing 25 SCHEDULING ORDER. The telephonic scheduling conference set on 1/22/2016, is VACATED. All non-dispositive matters are referred to United States Magistrate Judge Candy W. Dale who will conduct all necessary and proper proceedings pertaining thereto. (Amended Pleadings due by 8/31/2016. Discovery due by 8/16/2016. Joinder of Parties due by 8/31/2016. Judicially Supervised Settlement Conference shall be held by 8/16/2016 before Judge Ronald E. Bush. Pre-Trial Motions due by 8/31/2016. Jury Trial set for 4/18/2017 09:30 AM in Pocatello - District Courtroom before Judge Edward J. Lodge.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
January 8, 2016 Opinion or Order The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (st)
January 7, 2016 Opinion or Order Filing 24 REPLY to Response to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dayi Liu, Tao Zhang.(Smith, James)
January 7, 2016 Opinion or Order Filing 23 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Industrial Piping, Inc. (Mau, Jason)
December 18, 2015 Opinion or Order Filing 22 RESPONSE to Motion re #16 MOTION to Take Judicial Notice of Prior Complaint (attached) filed by Industrial Piping, Inc. Replies due by 1/7/2016. (Attachments: #1 Exhibit 1 - First Amended Complaint)(Mau, Jason)
December 18, 2015 Opinion or Order Filing 21 MEMORANDUM in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Industrial Piping, Inc. Replies due by 1/7/2016.(Mau, Jason)
December 7, 2015 Opinion or Order Filing 20 DOCKET ENTRY ORDER GRANTING #12 Stipulation filed by Tao Zhang, Dayi Liu, regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tao Zhang, Dayi Liu. Response(s) due by December 21, 2015. SO ORDERED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmc)
December 3, 2015 Opinion or Order Filing 19 DOCKET ENTRY ORDER approving #17 Motion for Pro Hac Vice Appearance of attorney Daniel J Weber for Industrial Piping, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
December 3, 2015 Opinion or Order Filing 18 Docket entry only - CONSENT to Magistrate Judge filed. (st)
December 3, 2015 Opinion or Order Filing 17 MOTION FOR PRO HAC VICE APPEARANCE by Daniel J. Weber. ( Filing fee $ 225 receipt number 0976-1379057.)Phillip S Oberrecht appearing for Plaintiff Industrial Piping, Inc. Responses due by 12/28/2015 (Oberrecht, Phillip)
November 24, 2015 Opinion or Order CORRECTIVE ENTRY - Docket number #13 MOTION to Dismiss for Lack of Prosecution MOTION to Enforce IRS Summons MOTION to Take Judicial Notice of prior Complaint filed by Tao Zhang, Dayi Liu and #14 MOTION to Take Judicial Notice of Prior Complaint filed by Tao Zhang, Dayi Liu was filed incorrectly in this case. Please refer to docket number 15 and 16 for the correct motions.(st)
November 23, 2015 Opinion or Order Filing 16 MOTION to Take Judicial Notice of Prior Complaint (attached) Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 12/17/2015 (Gjording, Jack)
November 23, 2015 Opinion or Order Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 12/17/2015 (Attachments: #1 Memorandum in Support)(Gjording, Jack)
November 23, 2015 Opinion or Order Filing 14 MOTION to Take Judicial Notice of Prior Complaint Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. Responses due by 12/17/2015 (Gjording, Jack)
November 23, 2015 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Prosecution , MOTION to Enforce IRS Summons , MOTION to Take Judicial Notice of prior Complaint ( Responses due by 12/17/2015)Jack S Gjording appearing for Defendants Dayi Liu, Tao Zhang. (Gjording, Jack)
November 19, 2015 Opinion or Order Filing 12 STIPULATION to Extend Time to Respond by Dayi Liu, Tao Zhang. (Smith, James)
November 3, 2015 Opinion or Order Filing 11 STIPULATION re #4 Summons Issued, #6 Summons Returned Executed Stipulation Regarding Service of Process on Defendants Zhang and Liu by Industrial Piping, Inc. (Mau, Jason)
November 3, 2015 Opinion or Order Filing 10 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Dayi Liu, Tao Zhang and Industrial Piping, Inc. re #7 Notice of Appearance, #8 Notice of Appearance, and #9 Notice of Appearance. Consent/Objection to Magistrate due by 1/7/2016. (st) Modified on 11/3/2015 to include Industrial Piping, Inc. (st)
November 2, 2015 Opinion or Order Filing 9 NOTICE of Appearance by James Bryant Smith on behalf of Dayi Liu, Tao Zhang (Smith, James)
November 2, 2015 Opinion or Order Filing 8 NOTICE of Appearance by Jack S Gjording on behalf of Dayi Liu, Tao Zhang (Gjording, Jack)
November 2, 2015 Opinion or Order Filing 7 NOTICE of Appearance by Jack S Gjording on behalf of Dayi Liu, Tao Zhang (Gjording, Jack)
October 19, 2015 Opinion or Order Filing 6 SUMMONS Returned Executed by Industrial Piping, Inc. Dayi Liu served on 10/15/2015, answer due 11/5/2015. (Mau, Jason)
October 16, 2015 Opinion or Order Filing 5 Summons Issued as to Tianwei New Energy Holdings Co., Ltd. and Wei Xia. (Print attached Summons for service.) (Attachments: #1 Wei Xia summons)(st)
October 13, 2015 Opinion or Order Filing 4 Summons Issued as to Dayi Liu and Tao Zhang. (Print attached Summons for service.) (Attachments: #1 Dayi Liu summons)(st)
September 30, 2015 Opinion or Order Filing 3 LITIGATION ORDER. On or before 1/8/2016, the parties shall file with the court the joint Litigation Plan. (Telephonic Scheduling Conference set for 1/22/2016 10:00 AM in Boise Chambers before Judge Edward J. Lodge.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
September 25, 2015 Opinion or Order Filing 2 Corporate Disclosure Statement by Industrial Piping, Inc identifying Corporate Parent American Financial Group, Corporate Parent IPI Acquisition, LLC, Corporate Parent Great American Life Insurance, Corporate Parent Great American Insurance Company for Industrial Piping, Inc.. (Oberrecht, Phillip)
September 25, 2015 Opinion or Order Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 400 receipt number 0976-1352603.), filed by Industrial Piping, Inc. (Attachments: #1 Cover Sheet)(Oberrecht, Phillip)

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Search for this case: Industrial Piping, Inc v. Xia et al
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Defendant: Tao Zhang
Represented By: Jack S Gjording
Represented By: Julianne Slayton Hall
Represented By: Stephen Lee Adams
Represented By: James Bryant Smith
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Defendant: Dayi Liu
Represented By: Jack S Gjording
Represented By: Julianne Slayton Hall
Represented By: Stephen Lee Adams
Represented By: James Bryant Smith
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Defendant: Wei Xia
Represented By: James Bryant Smith
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Defendant: Mike Zhang
Represented By: Jack S Gjording
Represented By: Julianne Slayton Hall
Represented By: Stephen Lee Adams
Represented By: James Bryant Smith
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Defendant: Sean Liu
Represented By: Jack S Gjording
Represented By: Julianne Slayton Hall
Represented By: Stephen Lee Adams
Represented By: James Bryant Smith
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Defendant: Tianwei New Energy Holdings Co., Ltd.
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Plaintiff: Industrial Piping, Inc
Represented By: Daniel J Weber
Represented By: Jason R Mau
Represented By: Phillip S Oberrecht
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Plaintiff: The Finley Group
Represented By: Daniel J Weber
Represented By: Phillip S Oberrecht
Represented By: Jason R Mau
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Trustee: Gary Rainsdon
Represented By: Jason Ronald Naess
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