3BTech, Inc. et al v. Wang et al
Plaintiff: 3BTech, Inc. and DC 3B, LLC
Defendant: Jie Wang and Marc Harris Garelick
Case Number: 3:2020cv00637
Filed: July 30, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Tort Action
Jury Demanded By: None
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This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2021 Opinion or Order Filing 77 CLERK'S ENTRY OF JUDGMENT. (bas)
April 20, 2021 Opinion or Order Filing 76 OPINION AND ORDER: The Court, having already granted part of Jie Wang's motion to dismiss #35 by dismissing 3BTech's federal claim #64 , now GRANTS the remainder of Ms. Wang's motion and dismisses 3BTech's non-federal claims without prejudice. The Clerk is DIRECTED to enter judgment accordingly. Further, in light of this order, 3BTech's pending Motion for Preliminary Injunction #37 , Motion for Protective Order #48 , Motion to Consolidate Cases #66 , and Motion to Expedite Plaintiff's Motion for Expedited Hearing on its Motion for Preliminary Injunction #73 are DENIED as moot. Signed by Chief Judge Jon E DeGuilio on 4/20/2021. (bas)
March 18, 2021 Opinion or Order Filing 75 REPLY to Response to Motion re #73 MOTION to Expedite Plaintiff's Motion for Expedited Evidentiary Hearing on Its Motion for Preliminary Injunction filed by 3BTech, Inc.. (Milam, Kelly)
March 11, 2021 Opinion or Order Filing 74 RESPONSE to Motion re #73 MOTION to Expedite Plaintiff's Motion for Expedited Evidentiary Hearing on Its Motion for Preliminary Injunction filed by Jie Wang. (Attachments: #1 Exhibit A - Opposition to Application for TRO, #2 Exhibit B - Declaration of Jie Wang, #3 Exhibit C - Declaration of Adam Miller)(Jones, Andrew)
February 25, 2021 Opinion or Order Filing 73 MOTION to Expedite Plaintiff's Motion for Expedited Evidentiary Hearing on Its Motion for Preliminary Injunction by Plaintiff 3BTech, Inc.. (Rykovich, Brittney)
February 8, 2021 Opinion or Order Filing 72 PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTION TO CONSOLIDATE by 3BTech, Inc. to #66 MOTION to Consolidate Cases . (Milam, Kelly)
February 1, 2021 Opinion or Order Filing 71 RESPONSE to Motion re #66 MOTION to Consolidate Cases filed by Jie Wang. (Jones, Andrew)
January 22, 2021 Opinion or Order Filing 70 ORDER GRANTING #68 Motion to Withdraw Filing and WITHDRAWING #67 Defendant's Surreply in Support of Her Motion to Dismiss. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/22/2021. (bas)
January 21, 2021 Opinion or Order Filing 69 REPLY to Response to Motion re #35 MOTION to Dismiss Surreply filed by Jie Wang. (Attachments: #1 Exhibit A - Affidavit of J. Wang, #2 Exhibit A-1 Property Report, #3 Exhibit A-2 Enrollment, #4 Exhibit A-3 Geotagged Photo, #5 Exhibit A-4 Chase Check, #6 Exhibit A-5 Notice, #7 Exhibit A-6 SBA Statement, #8 Exhibit A-7 SBA 912 Statement)(Jones, Andrew)
January 21, 2021 Opinion or Order Filing 68 MOTION to Withdraw #67 Reply to Response to Motion, by Defendant Jie Wang. (Jones, Andrew)
January 21, 2021 Opinion or Order Filing 67 *WITHDRAWN pursuant to DE #70 Order dated 1/22/2021* REPLY to Response to Motion re #35 MOTION to Dismiss Plaintiff's Surreply filed by Jie Wang. (Attachments: #1 Exhibit A - Affidavit of Jie Wang, #2 Exhibit A-1 Property Report, #3 Exhibit A-2 Enrollment, #4 Exhibit A-3 Geotagged Photo, #5 Exhibit A-4 Chase Check, #6 Exhibit A-5 Notice, #7 Exhibit A-6 SBA Statement, #8 Exhibit A-7 SBA 912 Statement)(Marnocha, Margaret) Modified on 1/22/2021 (bas).
January 19, 2021 Opinion or Order Filing 66 MOTION to Consolidate Cases by Plaintiff 3BTech, Inc.. (Milam, Kelly)
January 15, 2021 Opinion or Order Filing 65 REPLY to Response to Motion re #35 MOTION to Dismiss Plaintiff's Surreply in Opposition to Defendant's Motion to Dismiss filed by 3BTech, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Milam, Kelly)
January 13, 2021 Opinion or Order Filing 64 OPINION AND ORDER GRANTING Ms. Wang's motion to dismiss 3BTech's claim under 503. The Court will address the arguments from Ms. Wang and 3BTech related to the existence of diversity jurisdiction over the remainder of the claims in a subsequent order. Signed by Chief Judge Jon E DeGuilio on 1/13/2021. (lhc)
January 13, 2021 Opinion or Order Filing 63 ORDER: In light of the additional arguments and evidence Ms. Wang raised in her reply to her motion to dismiss, the Court GRANTS 3BTechs motion for leave to file a surreply DE #49 . The Court will also allow Ms. Wang to respond to 3BTechs surreply as she requested DE #50 . Ms. Wang has until 1/21/2021 to file her response. Text only entry by Chief Judge Jon E DeGuilio on 1/13/2021. (jss)
January 7, 2021 Opinion or Order Filing 62 REPLY to Response to Motion re #37 MOTION for Preliminary Injunction filed by 3BTech, Inc.. (Attachments: #1 Affidavit Jianqing Zhu, #2 Exhibit Text Messages, #3 Affidavit Brett Barbour)(Rykovich, Brittney)
December 15, 2020 Opinion or Order Filing 61 ORDER : Absent any appearance of prejudice to the Defendant, the Court GRANTS the Plaintiffs Motion For An Extension Of Time #60 Reply to be filed by 1/7/2021.Text only entry by Chief Judge Jon E DeGuilio on 12/15/2020. (jss)
December 15, 2020 Opinion or Order Filing 60 MOTION for Extension of Time to File Response/Reply as to #37 MOTION for Preliminary Injunction by Plaintiff 3BTech, Inc.. (Milam, Kelly)
December 10, 2020 Opinion or Order Filing 59 RESPONSE to Motion re #37 MOTION for Preliminary Injunction filed by Jie Wang. (Attachments: #1 Exhibit A - Affidavit of J. Wang, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit B)(Jones, Andrew)
November 20, 2020 Opinion or Order Filing 58 ORDER: The Court GRANTS 3BTech's motion to vacate the Court's prior order staying proceedings on 3BTech's motion for preliminary injunction #43 and subsequently DENIES Ms. Wang's motion to stay [DE 38]. The Court additionally GRANTS Ms. Wang's request for twenty-one (21) days to respond to 3BTech's motion for preliminary injunction. She has until December 11, 2020 to file the response. Signed by Chief Judge Jon E DeGuilio on 11/20/20. (ksp)
November 17, 2020 Opinion or Order Filing 57 REPLY to Response to Motion re #38 MOTION to Stay Decision on Plaintiffs Motion for Preliminary Injunction and Alternative Motion to File Brief In Response Before Ruling filed by Jie Wang. (Jones, Andrew)
November 11, 2020 Opinion or Order Filing 56 REPLY to Response to Motion re #49 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss filed by 3BTech, Inc.. (Rykovich, Brittney)
November 11, 2020 Opinion or Order Filing 55 REPLY to Response to Motion re #48 MOTION for Protective Order filed by 3BTech, Inc.. (Rykovich, Brittney)
November 10, 2020 Opinion or Order Filing 54 ORDER: The Defendant is instructed to file a reply to the Plaintiffs Opposition in Response to Defendants Motion to Stay #53 by 11/17/2020. Text only entry by Chief Judge Jon E DeGuilio on 11/10/2020. (jss)
November 6, 2020 Opinion or Order Filing 53 RESPONSE to Motion re #38 MOTION to Stay Decision on Plaintiffs Motion for Preliminary Injunction and Alternative Motion to File Brief In Response Before Ruling filed by 3BTech, Inc.. (Attachments: #1 Exhibit A)(Milam, Kelly)
November 5, 2020 Opinion or Order Filing 52 ORDER: The plaintiff stated in its #43 motion to vacate the Courts order granting the defendants unopposed motion to stay briefing on the plaintiffs motion for a preliminary injunction that it was prepared to file its opposition to the defendants motion to stay. The attached document [43-1] did not respond to the defendants motion to stay. The plaintiff is directed to file its response in opposition to the defendants motion to stay by 11/12/2020. Text only entry by Chief Judge Jon E DeGuilio on 11/5/2020. (jss)
November 4, 2020 Opinion or Order Filing 51 RESPONSE to Motion re #48 MOTION for Protective Order filed by Jie Wang. (Jones, Andrew)
November 4, 2020 Opinion or Order Filing 50 RESPONSE to Motion re #49 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss filed by Jie Wang. (Attachments: #1 Exhibit 1)(Jones, Andrew)
November 3, 2020 Opinion or Order Filing 49 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss by Plaintiff 3BTech, Inc.. (Milam, Kelly)
November 2, 2020 Opinion or Order Filing 48 MOTION for Protective Order by Plaintiff 3BTech, Inc.. (Attachments: #1 Exhibit A)(Milam, Kelly)
October 27, 2020 Opinion or Order Filing 47 REPLY to Response to Motion re #35 MOTION to Dismiss filed by Jie Wang. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Jones, Andrew)
October 26, 2020 Opinion or Order Filing 46 PLAINTIFFS REPLY IN SUPPORT OF ITS MOTION TO VACATE COURTS OCTOBER 15, 2020 ORDER AND MOTION FOR LEAVE TO FILE ITS RESPONSE TO DEFENDANTS MOTION TO STAY INSTANTER by 3BTech, Inc. to #43 MOTION to Vacate 42 Order,, Set Deadlines, Court's October 15, 2020 Order . (Rykovich, Brittney)
October 20, 2020 Opinion or Order Filing 45 RESPONSE to Motion re #35 MOTION to Dismiss filed by 3BTech, Inc.. (Attachments: #1 Exhibit Lin Affidavit, #2 Exhibit Zhu Tax Return, #3 Exhibit Barbour Affidavit)(Rykovich, Brittney)
October 18, 2020 Opinion or Order Filing 44 RESPONSE to Motion re #43 MOTION to Vacate 42 Order,, Set Deadlines, Court's October 15, 2020 Order filed by Jie Wang. (Jones, Andrew)
October 15, 2020 Opinion or Order Filing 43 MOTION to Vacate 42 Order,, Set Deadlines, Court's October 15, 2020 Order by Plaintiff 3BTech, Inc.. (Attachments: #1 Exhibit Plaintiff's Proposed Response)(Rykovich, Brittney)
October 15, 2020 Opinion or Order Filing 42 ORDER: The deadline to respond to the motion to stay briefing on the motion for a preliminary injunction has now passed, and the plaintiff did not file a response. Accordingly, the Court grants as unopposed the #38 motion to stay. Any response to the motion for a preliminary injunction will be due 21 days after a ruling on the motion to dismiss, if the case is still pending. Text only entry by Chief Judge Jon E DeGuilio on 10/15/2020. (jss)
October 7, 2020 Opinion or Order Filing 41 ORDER: In light of the motion to stay filed by the defendant, the Court suspends the deadline to file a response to the motion for a preliminary injunction pending a ruling on the motion to stay. Text only entry by Chief Judge Jon E DeGuilio on 10/7/2020. (jss)
October 6, 2020 Opinion or Order Filing 40 ORDER : The Court GRANTS #39 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Response to be filed by 10/20/2020. Text only entry by Chief Judge Jon E DeGuilio on 10/6/2020. (jss)
October 5, 2020 Opinion or Order Filing 39 MOTION for Extension of Time to File Response/Reply as to #35 MOTION to Dismiss by Plaintiff 3BTech, Inc.. (Milam, Kelly)
September 27, 2020 Opinion or Order Filing 38 MOTION to Stay Decision on Plaintiffs Motion for Preliminary Injunction and Alternative Motion to File Brief In Response Before Ruling by Defendant Jie Wang. (Jones, Andrew)
September 25, 2020 Opinion or Order Filing 37 MOTION for Preliminary Injunction by Plaintiff 3BTech, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Milam, Kelly)
September 15, 2020 Opinion or Order Filing 36 MEMORANDUM in Support of #35 MOTION to Dismiss filed by Jie Wang. (Jones, Andrew)
September 15, 2020 Opinion or Order Filing 35 MOTION to Dismiss by Defendant Jie Wang. (Jones, Andrew)
September 11, 2020 Opinion or Order Filing 34 ORDER granting #33 Motion to Withdraw as Attorney. Attorney Jerod A Adler and Michael H Michmerhuizen terminated; finding moot #29 #30 Motion to Substitute Attorney.. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/11/20. (slm)
September 10, 2020 Opinion or Order Filing 33 MOTION to Withdraw as Attorney by Plaintiffs 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
September 9, 2020 Opinion or Order Filing 32 NOTICE of Appearance by Brittney B Rykovich on behalf of 3BTech, Inc. (Rykovich, Brittney)
September 9, 2020 Opinion or Order Filing 31 NOTICE of Appearance by Kelly V Milam on behalf of 3BTech, Inc. (Milam, Kelly)
September 9, 2020 Opinion or Order Filing 30 MOTION to Substitute Attorney by Plaintiff 3BTech, Inc.. (Milam, Kelly)
September 9, 2020 Opinion or Order Filing 29 MOTION to Substitute Attorney by Plaintiff 3BTech, Inc. (Rykovich, Brittney) Modified event and document title on 9/9/2020 (bas).
August 27, 2020 Opinion or Order Filing 28 AFFIDAVIT of Service for Complaint, Summons, Cover Sheet, Motion for Temp. Restraining Order, Memorandum in Support of Motion for Temp. Restraining Order, Exhibits served on Jie Wang on Aug 24, 2020, filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
August 24, 2020 Opinion or Order Set/Reset Deadlines: Jie Wang answer due 9/21/20 (mlc)
August 21, 2020 Opinion or Order Filing 27 NOTICE by Jie Wang of Automatic Initial Extension of Time to Respond to First Amended Complaint (Jones, Andrew)
August 20, 2020 Opinion or Order Filing 26 ORDER: The Court DENIES the #8 Motion for a temporary restraining order. Signed by Chief Judge Jon E DeGuilio on 8/20/2020. (jss)
August 19, 2020 Opinion or Order Filing 25 REPLY to Response to Motion re #8 MOTION for Temporary Restraining Order filed by 3BTech, Inc.. (Attachments: #1 Exhibit A - Declaration of Jerry Lin)(Adler, Jerod)
August 14, 2020 Opinion or Order Filing 24 SUPPLEMENT to #22 Response to Motion, Supplemental Evidence Per Court's Request filed by Jie Wang. (Attachments: #1 Exhibit Certificate of Members, #2 Exhibit Certificate of Secretary, #3 Exhibit Articles of Incorporation, #4 Exhibit Business Entity Report 2015, #5 Exhibit Business Entity Report 2017, #6 Exhibit Business Entity Report 2019)(Jones, Andrew)
August 13, 2020 Opinion or Order Filing 23 TELEPHONE CONFERENCE held on 8/13/2020 before Chief Judge Jon E DeGuilio. Pla appeared by attys Jerod Adler and Michael Michmerhuizen. Dft appeared by atty Andrew Jones. Court hears from the parties regarding the pending Motion for TRO, and jurisdiction. (Court Reporter J. Hoffman.)4:01-4:42 (jss)
August 12, 2020 Opinion or Order Filing 22 RESPONSE to Motion re #8 MOTION for Temporary Restraining Order Brief in Opposition filed by Jie Wang. (Attachments: #1 Exhibit Affidavit of Jie Wang, #2 Exhibit Letter to James Park, #3 Exhibit Emails to Plaintiff's Counsel)(Jones, Andrew)
August 12, 2020 Opinion or Order Filing 21 ORDER: The Defendant's #18 Emergency Motion to Stay Proceedings for Injunctive Relief is DENIED. The brief remains due today, 8/12/2020. Text only entry by Chief Judge Jon E DeGuilio on 8/12/2020. (jss)
August 12, 2020 Opinion or Order Filing 20 NOTICE of Hearing: A Telephonic Status Conference is SET for 8/13/2020 at 04:00 PM (EASTERN TIME) before Chief Judge Jon E DeGuilio. Attorneys are directed to call 877-336-1839 and enter access code 2977155 at least 5 minutes prior to the conference(jss)
August 11, 2020 Opinion or Order Filing 19 AMENDED DOCUMENT by Jie Wang. Amendment to #16 Brief (Other), Redacted Ex. B - Filed Dissolution Petition. (Jones, Andrew)
August 11, 2020 Opinion or Order Filing 18 Emergency MOTION to Stay Injunction Proceedings by Defendant Jie Wang. (Jones, Andrew)
August 11, 2020 Opinion or Order Filing 17 ORDER : The Court ORDERS Defendant to file a redacted version of Exhibit 1 attached to their #16 Memorandum in Opposition that complies with the Federal Rules of Civil Procedure 5.2. Text only entry by Chief Judge Jon E DeGuilio on 8/11/2020. (jss)
August 11, 2020 Opinion or Order Filing 16 BRIEF in Opposition to Plaintiff's Supplemental Brief in Support of Jurisdiction. (Attachments: #1 Exhibit B - Filed Marriage Dissolution, #2 Exhibit A - Business Entity Report)(Jones, Andrew) Modified on 8/11/2020 (jld). Modified on 8/11/2020 to seal exhibit one has it contains sensitive information (jss).
August 10, 2020 Opinion or Order Filing 15 ORDER : The Court ORDERS any response by Defendant to the #8 MOTION for Temporary Restraining Order filed by 3BTech, Inc., DC 3B, LLC to be filed by close of business on 8/12/2020. Text only entry by Chief Judge Jon E DeGuilio on 8/10/2020. (jss)
August 7, 2020 Opinion or Order Filing 14 SUPPLEMENT to #13 Amended Complaint in Support of Jurisdiction filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
August 7, 2020 Opinion or Order Filing 13 AMENDED COMPLAINT against Jie Wang, filed by 3BTech, Inc., DC 3B, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Michmerhuizen, Michael)
August 6, 2020 Opinion or Order Filing 12 NOTICE of Appearance by Andrew B Jones on behalf of Jie Wang (Jones, Andrew)
August 5, 2020 Opinion or Order Set Deadlines/Hearings: per #11 Marc Harris Garelick answer due 8/24/2020. (rmc)
August 4, 2020 Opinion or Order Filing 11 AFFIDAVIT of Service for Complaint, Summons, Cover Sheet, Motion for Temp. Restraining Order, Memorandum in Support of Motion for Temp. Restraining Order, Exhibits served on Marc Harris Garelick on Aug 3, 2020, filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
August 3, 2020 Opinion or Order Filing 10 ORDER: If the parties wish to argue that the complaint adequately invokes federal question jurisdiction, they should file a brief in support by 8/7/2020. If they wish to assert an alternative basis for jurisdiction, they should file an amended complaint by that date that properly alleges that basis for jurisdiction. The plaintiffs may also file a notice of voluntary dismissal in order to pursue their claim in another jurisdiction. Signed by Chief Judge Jon E DeGuilio on 8/3/2020. (jss)
July 31, 2020 Opinion or Order Filing 9 MEMORANDUM in Support of #8 MOTION for Temporary Restraining Order filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
July 31, 2020 Opinion or Order Filing 8 MOTION for Temporary Restraining Order by Plaintiffs 3BTech, Inc., DC 3B, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Michmerhuizen, Michael)
July 31, 2020 Opinion or Order Filing 7 Summons Issued as to Marc Harris Garelick, Jie Wang. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (shk)
July 31, 2020 Opinion or Order **NEW CASE** Chief Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. (shk)
July 30, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Jerod A Adler on behalf of All Plaintiffs (Adler, Jerod)
July 30, 2020 Opinion or Order Filing 5 Proposed Summons filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
July 30, 2020 Opinion or Order Filing 4 Proposed Summons filed by 3BTech, Inc., DC 3B, LLC. (Michmerhuizen, Michael)
July 30, 2020 Opinion or Order Filing 3 NOTICE by 3BTech, Inc., DC 3B, LLC re #1 Complaint, Civil Cover Sheet Filed (Michmerhuizen, Michael)
July 30, 2020 Opinion or Order Filing 2 NOTICE of Appearance by Michael H Michmerhuizen on behalf of 3BTech, Inc., DC 3B, LLC (Michmerhuizen, Michael)
July 30, 2020 Opinion or Order Filing 1 COMPLAINT for Preliminary Injunction, Permanent Injunction, and Damages against Marc Harris Garelick, Jie Wang( Filing fee $ 400 receipt number 0755-4298035.), filed by 3BTech, Inc., DC 3B, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Michmerhuizen, Michael)

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Defendant: Jie Wang
Represented By: Andrew B Jones
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Defendant: Marc Harris Garelick
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Plaintiff: 3BTech, Inc.
Represented By: Michael H Michmerhuizen
Represented By: Jerod A Adler
Represented By: Kelly V Milam
Represented By: Brittney B Rykovich
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Plaintiff: DC 3B, LLC
Represented By: Michael H Michmerhuizen
Represented By: Jerod A Adler
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