Avisar et al. v. Chen et al.
| Mordechai Avisar, Tai Liani and James Domingo |
| Wen-Chi Chen, HTC Corporation, H.T.C. (B.V.I.) Corporation and Surgical Theater, Inc. |
| 1:2023cv01980 |
| October 10, 2023 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| Both |
Docket Report
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This docket was last retrieved on August 20, 2024. A more recent docket listing may be available from PACER.
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Filing 22
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 12/4/23 setting a case management conference on 1/31/2024 at 12:00 PM to be held by video conference (Cleveland) before Judge James S. Gwin. This Court requires the attendance of (1) all parties, (2) lead counsel, and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Rule 30.1)(T,A)
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Filing 21
Answer to #1 Complaint with Jury Demand filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Lee, Felix)
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Filing 20
Motion to dismiss case for insufficient service of process, Motion to dismiss for Lack of Personal Jurisdiction, and Motion to dismiss for failure to state a claim filed by Defendants Wen-Chi Chen, HTC Corporation, and H.T.C. (B.V.I.) Corporation (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Felix S. Lee in Support of Specially Appearing Defendants Motion to Dismiss the Complaint, #3 Exhibit 1 to Declaration of Felix S. Lee, #4 Affidavit Declaration of Rebecca Yang)(Lee, Felix) (R,EM). Added Motion to dismiss for failure lack of jurisdiction and Added Motion to dismiss for failure to state a claim on 12/1/2023 (R,EM).
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Filing 19
Answer to Complaint filed by Surgical Theater, Inc. Related document(s) #1 . (Crocker, Julie)
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Filing 18
Reply Memorandum in support of #12 Motion to remand lawsuit to Ohio Common Pleas Court and Motion for Award of Attorney Fees and Expenses filed by Mordechai Avisar, James Domingo, Tai Liani. (Cohen, Joshua)
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Order [non-document] entered by Judge James S. Gwin on 11/21/23 granting plaintiff's #17 Motion for extension of time until November 24, 2023 to file response/reply to #12 Motion to remand to State Court and Motion for Award of Attorney Fees and Expenses . No further extensions. (T,A)
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Filing 17
Motion for extension of time until November 24, 2023 to file response/reply to #12 Motion to remand to State Court Motion for Award of Attorney Fees and Expenses filed by Mordechai Avisar, James Domingo, Tai Liani. Related document(s) #12 . (Cohen, Joshua)
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Order [non-document] entered by Judge James S. Gwin on 11/17/23 granting defendant's #16 Unopposed Motion for extension of time until 11/30/2023 to answer to Plaintiffs' Complaint Surgical Theater, Inc. No further extensions. (T,A)
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Filing 16
Unopposed Motion for extension of time until 11/30/2023 to answer to Plaintiffs' Complaint filed by Defendant Surgical Theater, Inc.. (Crocker, Julie)
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Filing 15
Opposition to #12 Motion to remand to State Court and Motion for Award of Attorney Fees and Expenses filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Blair, Mitchell)
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Filing 14
Response of Nominal Defendant Surgical Theater, Inc to Plaintiffs' Motion to Remand filed by Surgical Theater, Inc. Related document(s) #12 . (Crocker, Julie)
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Order [non-document] entered by Judge James S. Gwin on 11/13/23 granting defendants' #13 Unopposed Motion for extension of time until November 30, 2023 to answer . Wen-Chi Chen answer due 11/30/2023; H.T.C. (B.V.I.) Corporation answer due 11/30/2023; HTC Corporation answer due 11/30/2023. (T,A)
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Filing 13
Unopposed Motion for extension of time until November 30, 2023 to answer filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Blair, Mitchell)
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Filing 12
Motion to remand to State Court and Motion for Award of Attorney Fees and Expenses, filed by Mordechai Avisar, James Domingo, Tai Liani. (Attachments: #1 Memorandum in Support)(Cohen, Joshua). Added Motion for attorney fees on 11/7/2023 (F,AW).
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Order [non-document] entered by Judge James S. Gwin on 10/17/23 granting defendant's #11 Unopposed Motion for extension of time until November 16, 2023 to answer plaintiffs' complaint. Surgical Theater, Inc. answer due 11/16/2023. (T,A)
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Filing 11
Unopposed Motion for extension of time until November 16, 2023 to answer plaintiffs' complaint, filed by Defendant Surgical Theater, Inc. (Crocker, Julie)
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Order [non-document] entered by Judge James S. Gwin on 10/16/23 granting defendants' #10 Motion for extension of time until November 16, 2023 to answer Complaint. Wen-Chi Chen answer due 11/16/2023; H.T.C. (B.V.I.) Corporation answer due 11/16/2023; HTC Corporation answer due 11/16/2023. (T,A)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Adrian Matthew Rios for Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James S. Gwin on 10/16/23. (Related Doc #6 )(T,A)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Daniel J. Emam for Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James S. Gwin on 10/16/23. (Related Doc #7 )(T,A)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Felix Lee for Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James S. Gwin on 10/16/23. (Related Doc #8 ) (T,A)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jedediah Wakefield for Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James S. Gwin on 10/16/23. (Related Doc #9 ) (T,A)
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Filing 10
Motion for extension of time until November 16, 2023 to answer Complaint filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Wen, Xin)
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Filing 9
Motion for attorney Jedediah Wakefield to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12220695, filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Attachments: #1 Exhibit A: Certificate of Standing)(Blair, Mitchell)
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Filing 8
Motion for attorney Felix Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12220685, filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Attachments: #1 Exhibit A: Certificate of Standing)(Blair, Mitchell)
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Filing 7
Motion for attorney Daniel J. Emam to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12220671, filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Attachments: #1 Exhibit A: Certificate of Good Standing)(Blair, Mitchell)
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Filing 6
Motion for attorney Adrian Matthew Rios to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12220630, filed by Wen-Chi Chen, H.T.C. (B.V.I.) Corporation, HTC Corporation. (Attachments: #1 Exhibit A: Certificate of Standing)(Blair, Mitchell)
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Filing 5
Magistrate Consent Form issued. (R,AP)
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Judge James S. Gwin assigned to case. (R,AP)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (R,AP)
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Filing 4
Corporate Disclosure Statement identifying Other Affiliate Dashwire, Inc., Other Affiliate DeepQ Holding (BVI) Corp., Other Affiliate DeepQ Holding Corporation, Other Affiliate DeepQ Technology (Beijing) Co., LTD, Other Affiliate H.T.C. (B.V.I.) Corp, Other Affiliate High Tech Computer Asia Pacific Pte. Ltd, Other Affiliate HTC (Australia and New Zealand) PTY LTD., Other Affiliate HTC (Thailand) Limited, Other Affiliate HTC America Content Services, Inc., Other Affiliate HTC America Inc., Other Affiliate HTC America Innovation Inc., Other Affiliate DeepQ Technology Corp., Other Affiliate HTC Belgium BVBA/SPRL, Other Affiliate HTC Communication Canada, Ltd., Other Affiliate HTC Communication Co., Ltd, Other Affiliate HTC Communication Sweden AB, Other Affiliate HTC Communication Technologies (Shanghai) Limited, Other Affiliate HTC Corporation (Shanghai WGQ), Other Affiliate HTC Electronics (Shanghai) Co., Ltd., Other Affiliate HTC EUROPE CO., Ltd, Other Affiliate HTC FRANCE CORPORATION (1a), Other Affiliate HTC America Holding Inc., Other Affiliate HTC Germany GmbH., Other Affiliate HTC HK, Limited, Other Affiliate HTC Holding B.V., Other Affiliate HTC Iberia S.L., Other Affiliate HTC India Private Limited, Other Affiliate HTC Communication Solutions Mexico, S.A DE C.V., Other Affiliate HTC Investment (BVI) Corp., Other Affiliate HTC Investment Corporation, Other Affiliate HTC Investment One (BVI) Corporation, Other Affiliate HTC Italia SRL, Other Affiliate HTC Middle East FZ-LLC, Other Affiliate HTC Netherlands B.V., Other Affiliate HTC NIPPON Corporation, Other Affiliate HTC Nordic ApS., Other Affiliate HTC Philippines Corp., Other Affiliate HTC Poland sp. z.o.o., Other Affiliate HTC Servicios DE Operacion Mexico, S.A DE C.V., Other Affiliate HTC Smart phone (BVI) Corp., Other Affiliate HTC South Eastern Europe Limited Liability Company, Other Affiliate HTC VIVE Investment (BVI) Corp., Other Affiliate HTC VIVE TECH (HK) Limited, Other Affiliate HTC VR Content (BVI) Corp., Other Affiliate HungXu Holding (BVI) Corp., Other Affiliate HungXu Technology Corporation, Other Affiliate Inquisitive Minds, Inc., Other Affiliate One & Company Design, Inc., Other Affiliate REIGN Technology Corporation (Cayman), Other Affiliate REIGN Technology Corporation (Republic of China), Other Affiliate S3 Graphics, Co., Ltd., Other Affiliate Uomo Vitruviano Corp., Other Affiliate VIVE Arts Corporation, Other Affiliate Vive Arts Holding Corporation, Other Affiliate VIVE Arts Limited, Other Affiliate VIVE ARTS TECH (Beijing) CO. Limited, Other Affiliate Viveport Corporation, Other Affiliate Viveport Digital Corporation, Other Affiliate Viverse Limited (Ireland), Other Affiliate Viverse Limited (UK), Other Affiliate HungXu Technology (BVI) Corp for HTC Corporation filed by HTC Corporation. (Wen, Xin)
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Filing 3
Corporate Disclosure Statement identifying Corporate Parent HTC Corporation, Other Affiliate Dashwire, Inc., Other Affiliate DeepQ Holding (BVI) Corp., Other Affiliate DeepQ Holding Corporation, Other Affiliate DeepQ Technology (Beijing) Co., LTD, Other Affiliate High Tech Computer Asia Pacific Pte. Ltd, Other Affiliate HTC (Thailand) Limited, Other Affiliate HTC America Content Services, Inc., Other Affiliate HTC America Inc., Other Affiliate HTC America Innovation Inc., Other Affiliate DeepQ Technology Corp., Other Affiliate HTC Belgium BVBA/SPRL, Other Affiliate HTC Communication Canada, Ltd., Other Affiliate HTC Communication Co., Ltd, Other Affiliate HTC (Australia and New Zealand) PTY LTD, Other Affiliate HTC Communication Sweden AB, Other Affiliate HTC Communication Technologies (Shanghai) Limited, Other Affiliate HTC Corporation (Shanghai WGQ), Other Affiliate HTC Electronics (Shanghai) Co., Ltd., Other Affiliate HTC EUROPE CO., Ltd, Other Affiliate HTC FRANCE CORPORATION (1a), Other Affiliate HTC America Holding Inc., Other Affiliate HTC Germany GmbH., Other Affiliate HTC HK, Limited, Other Affiliate HTC Holding B.V., Other Affiliate HTC Iberia S.L., Other Affiliate HTC India Private Limited, Other Affiliate HTC Communication Solutions Mexico, S.A DE C.V., Other Affiliate HTC Investment (BVI) Corp., Other Affiliate HTC Investment Corporation, Other Affiliate HTC Investment One (BVI) Corporation, Other Affiliate HTC Italia SRL, Other Affiliate HTC Middle East FZ-LLC, Other Affiliate HTC Netherlands B.V., Other Affiliate HTC NIPPON Corporation, Other Affiliate HTC Nordic ApS., Other Affiliate HTC Philippines Corp., Other Affiliate HTC Poland sp. z.o.o., Other Affiliate HTC Servicios DE Operacion Mexico, S.A DE C.V., Other Affiliate HTC Smart phone (BVI) Corp., Other Affiliate HTC South Eastern Europe Limited Liability Company, Other Affiliate HTC VIVE Investment (BVI) Corp., Other Affiliate HTC VIVE TECH (HK) Limited, Other Affiliate HTC VR Content (BVI) Corp., Other Affiliate HungXu Holding (BVI) Corp., Other Affiliate HungXu Technology Corporation, Other Affiliate Inquisitive Minds, Inc., Other Affiliate One & Company Design, Inc., Other Affiliate REIGN Technology Corporation (Cayman), Other Affiliate REIGN Technology Corporation (Republic of China), Other Affiliate S3 Graphics, Co., Ltd., Other Affiliate Uomo Vitruviano Corp., Other Affiliate VIVE Arts Corporation, Other Affiliate Vive Arts Holding Corporation, Other Affiliate VIVE Arts Limited, Other Affiliate VIVE ARTS TECH (Beijing) CO. Limited, Other Affiliate Viveport Corporation, Other Affiliate Viveport Digital Corporation, Other Affiliate Viverse Limited (Ireland), Other Affiliate Viverse Limited (UK) for H.T.C. (B.V.I.) Corporation filed by H.T.C. (B.V.I.) Corporation. (Wen, Xin)
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Filing 2
Corporate Disclosure Statement filed by Wen-Chi Chen. (Blair, Mitchell)
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Filing 1
Notice of Removal from Cuyahoga County, Ohio, case number CV-23-984802 with jury demand. Filing fee paid, $402.00. Receipt number AOHNDC-12219534. Filed by HTC Corporation, H.T.C. (B.V.I.) Corporation, Wen-Chi Chen. (Attachments: #1 Exhibit 1: County Complaint, #2 Exhibit 2 - Verified Derivative Complaint, #3 Exhibit 3 - Motion to Substitute Verified Complaint, #4 Exhibit 4 - County Court Summons, #5 Exhibit 5 - County Court Summons, #6 Exhibit 6 - Instructions for Service, #7 Exhibit 7 - County Court Docket, #8 Civil Cover Sheet) (Blair, Mitchell)
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