HF Foods Group Inc. vs Maodong Xu, et al
| HF Foods Group Inc. |
| Maodong Xu, Zhou Min Ni, Fai Lam, Weihui Kwok and Yuanyuan Wu |
| 2:2023cv00748 |
| May 11, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Gloria M Navarro |
| Securities/Commodities |
| None |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 6/15/2023. Re: #47 Stipulation to extend deadline to answer or respond to Plaintiff's complaint. Having reviewed the parties' stipulation, the Court finds that it fails to state the reason for the extension as required under Local Rule IA 6-1(a). IT IS THEREFORE ORDERED that the stipulation #47 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 47 STIPULATION FOR EXTENSION OF TIME (First Request) to Extend Deadline to Answer or Respond to Plaintiff's Complaint re #2 Complaint,, by Defendants Weihui Kwok, Fai Lam, Yuanyuan Wu. (Goodenow, Rew) (extend) (answer) |
| Filing 46 SUMMONS Returned Executed by HF Foods Group Inc.. Maodong Xu served on 6/9/2023. (Flansburg, Frank) |
Filing 45
ORDER Granting #44 Motion to Extend Time. Weihui Kwok, Fai Lam, and Yuanyuan Wu answer due 7/5/2023. Signed by Magistrate Judge Daniel J. Albregts on 6/6/2023. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 44 MOTION to Extend Time (First Request) re #2 Complaint,, by Defendants Weihui Kwok, Fai Lam, Yuanyuan Wu. Responses due by 6/19/2023. (Goodenow, Rew) (answer) |
| Filing 43 SUMMONS Returned Executed by HF Foods Group Inc.. Fai Lam served on 5/27/2023. (Flansburg, Frank) |
| Filing 42 SUMMONS Returned Executed by HF Foods Group Inc.. Yuanyuan Wu served on 5/17/2023. (Flansburg, Frank) |
| Filing 41 SUMMONS Returned Executed by HF Foods Group Inc.. Zhou Min Ni served on 5/15/2023. (Flansburg, Frank) |
| Filing 40 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Kelley Changfong-Hagen is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) |
| Filing 39 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Aiden Mulry is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) |
| Filing 38 SUMMONS Returned Executed by HF Foods Group Inc.. Weihui Kwok served on 5/22/2023. (Flansburg, Frank) |
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Filing 37
ORDER Granting #28 Verified Petition for Permission to Practice Pro Hac Vice Andrew C. Johnson and approving Designation of Local Counsel Frank M Flansburg, III. Signed by Judge Gloria M. Navarro on 5/31/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 36 NOTICE of Corrected Image/Document re #28 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Andrew C. Johnson, by Plaintiff HF Foods Group Inc.. (Service of corrected image is attached.). (Flansburg, Frank) |
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Filing 35
ORDER Granting #30 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sasha Yishu Zheng for HF Foods Group Inc. and approving Designation of Local Counsel Frank M. Flansburg III. Signed by Judge Gloria M. Navarro on 5/30/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi)
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Filing 34
ORDER Granting #29 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kelley Changfong-Hagen for HF Foods Group Inc. and approving Designation of Local Counsel Frank M. Flansburg III. Signed by Judge Gloria M. Navarro on 5/30/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi)
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Filing 33
ORDER Granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Aidan Mulry for HF Foods Group Inc. and approving Designation of Local Counsel Frank M. Flansburg III. Signed by Judge Gloria M. Navarro on 5/30/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi)
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Filing 32
ORDER Granting #26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Aaron F. Miner for HF Foods Group Inc. and approving Designation of Local Counsel Frank M. Flansburg III. Signed by Judge Gloria M. Navarro on 5/30/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 5/30/2023. Pending before the Court is the #28 Petition to Practice Pro Hac Vice, filed by Petitioner Andrew C. Johnson ("Petitioner"). Under this Court's Local Rules, a verified petition to practice in a particular case must include "an attached certification issued within six months before the date of filing of the verified petition that the applicant's membership is in good standing from the state bar or from the clerk of the supreme court or highest admitting court of every state... in which the applicant has been admitted to practice law." LR 11-1(b)(3). The #28 Petition notes that Petitioner was admitted to practice in California and the District of Columbia and lists bar numbers for each jurisdiction. (See Petition to Practice Pro Hac Vice at 2, ECF No. #28 ). However, the #28 Petition includes a Certificate of Good Standing from the District of Columbia only. Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the #28 Petition. IT IS FURTHER ORDERED that Petitioner shall have until June 13, 2023, to file a corrected Verified Petition using the "Notice of Corrected Image/Document" event that includes all applicable Certificates of Good Standing. Failure to timely remedy the deficiencies WILL result in the denial of the Verified Petition and Petitioner's requirement to repay the filing fee.(Copies have been distributed pursuant to the NEF - CMD) |
| Filing 30 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sasha Yishu Zheng and DESIGNATION of Local Counsel Frank M. Flansburg III (Filing fee $ 250 receipt number ANVDC-7312131) by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 29 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kelley Changfong-Hagen and DESIGNATION of Local Counsel Frank M. Flansburg III (Filing fee $ 250 receipt number ANVDC-7312129) by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 28 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew C. Johnson and DESIGNATION of Local Counsel Frank M. Flansburg III (Filing fee $ 250 receipt number ANVDC-7312128) by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 27 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Aidan Mulry and DESIGNATION of Local Counsel Frank M. Flansburg III (Filing fee $ 250 receipt number ANVDC-7312127) by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 26 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Aaron F. Minor and DESIGNATION of Local Counsel Frank M. Flansburg III (Filing fee $ 250 receipt number ANVDC-7311833) by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 5/17/2023. Before the Court is the #24 Withdrawal of #3 Motion for TRO. Accordingly, IT IS HEREBY ORDERED that (1) the briefing schedule for the #3 Motion is vacated; (2) the in-person hearing set for May 30, 2023, at 10:00 AM is vacated; and (3) the Order directing Plaintiff to serve the Motion on Defendants by May 17, 2023, is vacated.(Copies have been distributed pursuant to the NEF - CMD) |
| Filing 24 WITHDRAWAL of #3 Motion for TRO by Plaintiff HF Foods Group Inc.. (Flansburg, Frank) |
| Filing 23 CERTIFICATE OF SERVICE for #1 Certificate of Interested Parties, #6 Declaration, #5 Declaration, #2 Complaint,, #3 Motion for TRO, #9 Declaration, #10 Declaration, #19 Summons Issued, #7 Declaration, #11 Declaration, #4 Proposed Order Submission, #8 Declaration by Plaintiff HF Foods Group Inc... (Flansburg, Frank) |
| Filing 22 NOTICE of Appearance by attorney Emily Louise Dyer on behalf of Plaintiff HF Foods Group Inc.. (Dyer, Emily) |
| Filing 21 NOTICE of Appearance by attorney Maximilien Fetaz on behalf of Plaintiff HF Foods Group Inc.. (Fetaz, Maximilien) |
| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 5/14/2023. Pending before the Court is the #3 Emergency Motion for Temporary Restraining Order ("TRO"), filed by Plaintiff HF Foods Group Inc. Plaintiff alleges that Defendants have filed materially false and misleading filings with the SEC. Further, Plaintiff alleges that without the Court's intervention, Defendants will distribute fraudulent Proxy Statements to shareholders on May 15, 2023, in violation of the Company's bylaws. Plaintiff contends that shareholders will be misled for the upcoming June 1, 2023, annual meeting. In light of the upcoming annual meeting, the Court agrees that the #3 Motion should be handled on an emergency basis. However, the Court declines to impose a TRO ex parte. "An ex parte motion or application must articulate the rule that permits ex parte filing and explain why it is filed on an ex parte basis." LR IA 7-2(b). Plaintiff cites Fed. R. Civ. P. 65(b), which provides that a court may issue a temporary restraining order without notice to the adverse party where "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant." But Plaintiff has not explained why the Motion was filed ex parte. Accordingly, the Court will defer ruling on the #3 Motion until Defendants have had an opportunity to respond. IT IS HEREBY ORDERED that Plaintiff shall serve the #3 Motion on Defendants by May 17, 2023. IT IS FURTHER ORDERED that Defendants shall have until May 24, 2023, to respond. Plaintiff may file a Reply by May 26, 2023. IT IS FURTHER ORDERED that the parties shall appear for an in-person hearing on May 30, 2023, at 10:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro to address the merits of Plaintiff's #3 Motion. (Copies have been distributed pursuant to the NEF - CMD) |
| Filing 19 SUMMONS ISSUED as to Weihui Kwok, Fai Lam, Zhou Min Ni, Yuanyuan Wu, Maodong Xu. (JQC) |
| Filing 18 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 17 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Aaron F. Miner, Aidan Mulry, Sasha Zheng, Andrew C. Johnson, Kelley Chagfong-Hagen to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (JQC) |
| Filing 16 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Aidan Mulry to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (WJ) |
| Filing 15 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Kelley Changfong-Hagen to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (WJ) |
| Filing 14 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Andrew C. Johnson to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (WJ) |
| Filing 13 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Sasha Zheng to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (WJ) |
| Filing 12 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Aaron F. Miner to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/26/2023. (no image attached) (WJ) |
| Filing 11 DECLARATION of FELIX LIN IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Flansburg, Frank) |
| Filing 10 DECLARATION of AARON F. MINER IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Flansburg, Frank) |
| Filing 9 DECLARATION of STEVE LIN IN SUPPORT OF PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Flansburg, Frank) |
| Filing 8 DECLARATION of PAUL GUAN IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Flansburg, Frank) |
| Filing 7 DECLARATION of JOHN ZHENG IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Flansburg, Frank) |
| Filing 6 DECLARATION of JASON ZHENG IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Flansburg, Frank) |
| Filing 5 DECLARATION of ALLEN LIN IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #3 Motion for TRO by Plaintiff HF FOODS GROUP INC... (Flansburg, Frank) |
| Filing 4 Submission of PROPOSED ORDER on #3 Motion for TRO by Plaintiff HF FOODS GROUP INC.. (Flansburg, Frank) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. ***Emergency motion previously filed in case.*** (JQC) |
| Filing 3 Emergency MOTION for Temporary Restraining Order by Plaintiff HF FOODS GROUP INC.. Responses due by 5/25/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Flansburg, Frank) |
| Filing 2 COMPLAINT against HF FOODS GROUP INC. (Filing fee $402 receipt number ANVDC-7296944) by HF FOODS GROUP INC.. Certificate of Interested Parties due by 5/21/2023. Proof of service due by 8/9/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Flansburg, Frank) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 1 CERTIFICATE of Interested Parties by HF FOODS GROUP INC. that identifies all parties that have an interest in the outcome of this case. (Flansburg, Frank) |
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