Be Green Packaging LLC v. Chen
Defendant: Shu Chen
Counter Defendant: Be Green Packaging LLC
3Rd Party Defendant: Jim Brown and Be Green Holding Company
Case Number: 9:2019cv03273
Filed: November 20, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Referring Judge: Bruce Howe Hendricks
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2022 Opinion or Order Filing 83 JOINT STIPULATION OF DISMISSALand Dismissal with Prejudice by Be Green Holding Company, Be Green Packaging LLC, Jim Brown, Shu Chen (Ashmore, Beattie) Modified to correct event type on 5/10/2022 (adic, ).
March 18, 2022 Opinion or Order Filing 82 TEXT ORDER granting #81 Motion for Extension of Time to Complete Discovery. Entered at the direction of Honorable Bruce Howe Hendricks on 3/18/22. (rshu, )
February 18, 2022 Opinion or Order Filing 81 Consent MOTION for Extension of Time to Complete Discovery by Shu Chen. Response to Motion due by 3/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wooten, Patrick)
November 19, 2021 Opinion or Order Filing 79 THIRD AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 3/22/2022, Defendants ID of Expert Witnesses Due by 3/22/2022, Records Custodian Affidavit due by 3/22/2022, Discovery due by 2/19/2022, Expert Discovery due by 5/27/2022, Motions due by 6/23/2022, Jury Selection Deadline 8/19/2022, Mediation Due by 9/14/2021. Signed by Honorable Bruce Howe Hendricks on 11/19/2021. (vdru, )
November 17, 2021 Opinion or Order Filing 78 Consent MOTION to Amend/Correct Scheduling Order by Be Green Holding Company, Be Green Packaging LLC, Jim Brown, Shu Chen. Response to Motion due by 12/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Redlined Scheduling Order, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
September 28, 2021 Opinion or Order Filing 77 ORDER granting #76 Motion for Confidentiality Order: The parties have stipulated that certain discovery material is and should be treated as confidential and have agreed to the terms of this order. Details regarding the designation and treatment of confidential materials are set forth in Order. Signed by Honorable Bruce Howe Hendricks on 9/28/2021.(vdru, )
September 28, 2021 Opinion or Order Filing 76 Consent MOTION for Confidentiality Order by Be Green Holding Company, Be Green Packaging LLC, Jim Brown, Shu Chen. Response to Motion due by 10/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Confidentiality Order Redline, #2 Exhibit B - Proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
September 27, 2021 Opinion or Order Filing 75 OPINION AND ORDER: Movants' motion to dismiss the third-party complaint #58 is granted, to the extent it is premised on the failure to adequately plead the futility of a pre-suit demand, and Chen's third-party complaint is dismissed without prejudice. Chen will be permitted refile an amended third- party complaint, if any, within thirty (30) days of the entry of this order. Signed by Honorable Bruce Howe Hendricks on 9/27/2021. (vdru, )
September 13, 2021 Opinion or Order Filing 74 ORDER granting #73 Motion for Confidentiality Order: The parties have stipulated that certain discovery material is and should be treated as confidential and have agreed to the terms of this order. Details regarding the designation and treatment of confidential materials are set forth in Order. Signed by Honorable Bruce Howe Hendricks on 9/13/2021.(vdru, )
September 9, 2021 Opinion or Order Filing 73 Consent MOTION for Confidentiality Order by Be Green Holding Company, Be Green Packaging LLC. Response to Motion due by 9/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Order with Redlines, #2 Exhibit B - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
July 22, 2021 Opinion or Order Filing 71 SECOND CONSENT AMENDED SCHEDULING ORDER: Rule 26(f) Conference Deadline 10/27/2020, 26(a) Initial Disclosures due by 11/10/2020, Rule 26 Report due by 11/10/2020, Motions to Amend Pleadings due by 8/15/2021, Plaintiffs ID of Expert Witness due by 12/22/2021, Defendants ID of Expert Witnesses Due by 12/22/2021, Records Custodian Affidavit due by 12/22/2021, Motions due by 3/23/2022, Jury Selection Deadline 5/20/2022, Mediation Due by 9/14/2021. Signed by Honorable Bruce Howe Hendricks on 7/22/2021. (vdru, )
July 21, 2021 Opinion or Order Filing 70 Consent MOTION to Amend/Correct Scheduling Order by Be Green Holding Company, Be Green Packaging LLC, Jim Brown, Shu Chen. Response to Motion due by 8/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Redlined Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
April 29, 2021 Opinion or Order Filing 68 TEXT ORDER granting #67 Motion for Extension of Time : It is ordered that the deadline to join other parties and amend the pleadings is extended through July 2, 2021. Entered at the Direction of The Honorable Bruce Howe Hendricks on 4/29/2021.(vdru, )
April 28, 2021 Opinion or Order Filing 67 Consent MOTION for Extension of Time by Shu Chen. Response to Motion due by 5/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wooten, Patrick)
December 10, 2020 Opinion or Order Filing 66 REPLY to Response to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction Response filed by Be Green Holding Company, Be Green Packaging LLC, Jim Brown. (Ashmore, Beattie)
November 30, 2020 Opinion or Order Filing 65 TEXT ORDER granting #64 Motion for Extension of Time to File Response/Reply re #58 MOTION to Dismiss for Lack of Jurisdiction Replies of Plaintiff and Third Party Defendants due by 12/10/2020. Entered at the Direction of The Honorable Bruce Howe Hendricks on 11/30/2020.(vdru, )
November 24, 2020 Opinion or Order Filing 64 CONSENT MOTION for Extension of Time to File Response/Reply as to #63 Response in Opposition to Motion, by Be Green Holding Company, Be Green Packaging LLC. Response to Motion due by 12/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie) Modified on 11/30/2020 to edit text per filer's request. (vdru, ).
November 23, 2020 Opinion or Order Filing 63 RESPONSE in Opposition re #58 MOTION to Dismiss for Lack of Jurisdiction Response filed by Shu Chen.Reply to Response to Motion due by 11/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1- Shu Verification)(Wooten, Patrick)
November 12, 2020 Opinion or Order Filing 62 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 5/3/2021, Records Custodian Affidavit due by 8/31/2021, Discovery due by 7/30/2021, Motions due by 11/30/2021, Jury Selection Deadline and/or trial the later of 60 days after dispositive motions have been resolved or 1/31/2022, Mediation Due by 7/30/2021. Signed by Honorable Bruce Howe Hendricks on 11/12/2020. (vdru, )
November 10, 2020 Opinion or Order Filing 61 Joint Rule 26(f) Report by Be Green Packaging LLC. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order, #2 Exhibit B - Joint Discovery Plan, #3 LR 26.03 Answers)(Ashmore, Beattie)
November 9, 2020 Opinion or Order Filing 60 TEXT ORDER granting #59 Motion for Extension of Time. Response to Motion to Dismiss due November 23, 2020. Entered at the direction of Honorable Bruce Howe Hendricks on 11/9/2020.(jbry, )
November 6, 2020 Opinion or Order Filing 59 Consent MOTION for Extension of Time by Shu Chen. Response to Motion due by 11/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wooten, Patrick)
October 30, 2020 Opinion or Order Filing 58 MOTION to Dismiss for Lack of Jurisdiction by Be Green Holding Company, Be Green Packaging LLC, Jim Brown. Response to Motion due by 11/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Dismiss)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
October 30, 2020 Opinion or Order Filing 57 Local Rule 26.01 Answers to Interrogatories by Be Green Holding Company.(Ashmore, Beattie)
October 30, 2020 Opinion or Order Filing 56 Local Rule 26.01 Answers to Interrogatories by Jim Brown.(Ashmore, Beattie)
October 9, 2020 Opinion or Order Filing 55 LETTER EXTENDING TIME TO ANSWER Be Green Packaging LLC answer due 10/30/2020. (Ashmore, Beattie)
October 9, 2020 Opinion or Order Filing 54 Summons Issued as to Jim Brown, third-party defendant. (vdru, )
October 9, 2020 Opinion or Order Filing 53 Summons Issued as to Be Green Holding Company, third-party defendant. (vdru, )
October 6, 2020 Opinion or Order Filing 52 MEDIATION ORDER: Mediation Due by 4/2/2021. Signed by Honorable Bruce Howe Hendricks on 10/6/2021. (vdru, )
October 6, 2020 Opinion or Order Filing 51 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 10/27/2020, 26(a) Initial Disclosures due by 11/10/2020, Rule 26 Report due by 11/10/2020, Motions to Amend Pleadings due by 12/1/2020, Plaintiffs ID of Expert Witness due by 12/31/2020, Defendants ID of Expert Witnesses Due by 2/1/2021, Records Custodian Affidavit due by 2/1/2021, Discovery due by 4/2/2021, Motions due by 5/3/2021, Jury Selection Deadline 8/2/2021, Mediation Due by 4/2/2021. Signed by Honorable Bruce Howe Hendricks on 10/6/2020. (vdru, )
September 22, 2020 Opinion or Order Filing 50 Defendant Shu Chen's ANSWER to #49 Amended Complaint Affirmative Defenses, THIRD PARTY COMPLAINT against Jim Brown, Be Green Holding Company, COUNTERCLAIM against Be Green Packaging LLC by Shu Chen.(Wooten, Patrick)
September 8, 2020 Opinion or Order Filing 49 AMENDED COMPLAINT against Shu Chen, filed by Be Green Packaging LLC. Service due by 12/7/2020 (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Non-Competition Agreement) (Ashmore, Beattie)
September 8, 2020 Opinion or Order Filing 48 TEXT ORDER granting #47 Motion to Amend: Plaintiff is granted leave to file the First Amended Complaint. Entered at the Direction of The Honorable Bruce Howe Hendricks on 9/8/2020.(vdru, )
September 8, 2020 Opinion or Order Filing 47 MOTION to Amend/Correct #1 Complaint, by Be Green Packaging LLC. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - First Amended Complaint with Exhibits, #2 Exhibit 2 - Redline of First Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
August 27, 2020 Opinion or Order Filing 46 MEMORANDUM,OPINION AND ORDER: The Court Denies #7 MOTION for Preliminary Injunction filed by Be Green Packaging LLC and Denies #9 MOTION TO DISMISS for Lack of Subject Matter Jurisdiction, Personal Jurisdiction, and Improper Venue filed by Shu Chen. Details set forth in Order. Signed by Honorable Bruce Howe Hendricks on 8/26/2020. (vdru, ) Modified on 8/27/2020 to edit text. (vdru, ).
June 25, 2020 Opinion or Order Filing 45 REPLY to Response to Motion re #42 MOTION for Leave to File A Supplemental Brief in Support of Motion for Preliminary Injunction Response filed by Be Green Packaging LLC. (Ashmore, Beattie)
June 18, 2020 Opinion or Order Filing 44 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction Defendant's Supplemental Memorandum Responding to Plaintiff's Supplemental Memorandum Response filed by Shu Chen.Reply to Response to Motion due by 6/25/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wooten, Patrick)
June 9, 2020 Opinion or Order Filing 43 TEXT ORDER granting #42 Motion for Leave to File: Plaintiff Be Green Packaging, LLC is granted leave to supplement the record with newly-discovered facts and evidence to aid the Court in ruling upon Be Green's Motion for Preliminary Injunction (ECF# 7). Entered at the Direction of The Honorable Bruce Howe Hendricks on 6/9/2020.(vdru, )
June 5, 2020 Opinion or Order Filing 42 MOTION for Leave to File A Supplemental Brief in Support of Motion for Preliminary Injunction by Be Green Packaging LLC. Response to Motion due by 6/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Supplemental Brief in Support of Motion, #2 Exhibit 7 - Complaint, #3 Exhibit 8 - Emails, #4 Exhibit 9 - Emails, #5 Exhibit 10 - Emails, #6 Exhibit 11 - Emails, #7 Exhibit 12 - Emails, #8 Exhibit 13 - Emails, #9 Exhibit 14 - Emails)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
January 27, 2020 Opinion or Order Filing 40 Withdrawal of Motions: #34 MOTION for Leave to File First Amended Complaint filed by Be Green Packaging LLC.. (Ashmore, Beattie)
January 24, 2020 Opinion or Order Filing 39 REPLY to Response to Motion re #9 MOTION to Dismiss for Lack of subject matter jurisdiction, personal jurisdiction, and improper venue Response filed by Shu Chen. (Wooten, Patrick) Modified to edit text to indicate the correct relief requested by the Motion to Dismiss on 1/28/2020 (vdru, ).
January 24, 2020 Opinion or Order Filing 38 TEXT ORDER granting #37 Motion to Substitute Attorney. It is ordered that Patrick C. Wooten be substituted as counsel of record for Defendant Shu Chen and that David Popowski, be withdrawn as counsel of record for Defendant Shu Chen in this case. Kalpesh K. Shah and Charles B. Leuin will remain as co-counsel of record for Defendant Shu Chen. (Added attorney Patrick Coleman Wooten for Shu Chen.) Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/24/2020.(vdru, )
January 24, 2020 Opinion or Order Attorney David Popowski terminated Per Order Granting Substitution of Attorney, ECF #38. Signed by Honorable Bruce Howe Hendricks on 1/24/2020. (vdru, )
January 23, 2020 Opinion or Order Filing 37 Consent MOTION to Substitute Attorney David Popowski by Shu Chen. Response to Motion due by 2/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Popowski, David)
January 21, 2020 Opinion or Order Filing 35 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction Response filed by Be Green Packaging LLC. (Attachments: #1 Exhibit 5: Brown Reply Declaration, #2 Exhibit 6: Lee Declaration). (Ashmore, Beattie). Refiled by the Clerk to correct event type. (vdru, ).
January 17, 2020 Opinion or Order Filing 34 MOTION for Leave to File First Amended Complaint by Be Green Packaging LLC. Response to Motion due by 1/31/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 - First Amended Complaint, #3 Exhibit 2 - Redline of First Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
January 17, 2020 Opinion or Order Filing 33 RESPONSE in Opposition re #9 MOTION to Dismiss lack of subject matter jurisdiction, personal jurisdiction, and improper venue Response filed by Be Green Packaging LLC.Reply to Response to Motion due by 1/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Second Declaration of James W. Brown)(Ashmore, Beattie) Modified to edit text to indicate the correct relief requested by the Motion on 1/28/2020 (vdru, ).
January 15, 2020 Opinion or Order Filing 32 TEXT ORDER granting #29 Motion to Appear Pro Hac Vice. Kalpesh K. Shah, who represents Defendant, Shu Chen, is granted admission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/15/2020.(vdru, )
January 15, 2020 Opinion or Order Filing 31 TEXT ORDER granting #28 Motion to Appear Pro Hac Vice: Charles B. Leuin who represents Defendant, Shu Chen, is granted admission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/15/2020.(vdru, )
January 14, 2020 Opinion or Order Filing 30 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction Response filed by Shu Chen.Reply to Response to Motion due by 1/21/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Exhibit A - Declaration of Shu Chen, #2 Exhibit Exhibit 1 to Affidavit - Statement of Loans, #3 Exhibit Exhibit 2 to Affidavit-Canadian Machine Supplier Email, #4 Exhibit Exhibit 3 to Affidavit - Shu Chen's FMC Email)(Popowski, David)
January 14, 2020 Opinion or Order Filing 29 MOTION to Appear Pro Hac Vice by Kalpesh K. Shah ( Filing fee $ 250 receipt number 0420-8882513) by Shu Chen. Response to Motion due by 1/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Pro Hac Vice Admission, #2 Exhibit Certificate of Good Standing Supreme Court of Illinois)Proposed order is being emailed to chambers with copy to opposing counsel.(Popowski, David)
January 14, 2020 Opinion or Order Filing 28 MOTION to Appear Pro Hac Vice by Charles B. Leuin ( Filing fee $ 250 receipt number 0420-8882440) by Shu Chen. Response to Motion due by 1/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Pro Hac Vice Admission, #2 Exhibit Certificate of Good Standing Supreme Court of Illinois)Proposed order is being emailed to chambers with copy to opposing counsel.(Popowski, David)
January 10, 2020 Opinion or Order Filing 27 TEXT ORDER granting #24 Motion to Appear Pro Hac Vice. It is ordered that Calvin Pasquale Griffith who represents Plaintiff Be Green Packaging, LLC is granted admission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/10/2020.(vdru, )
January 10, 2020 Opinion or Order Filing 26 TEXT ORDER granting #23 Motion to Appear Pro Hac Vice. It is ordered that Thomas Robert Goots who represents Plaintiff Be Green Packaging, LLC is grantedadmission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/10/2020.(vdru, )
January 10, 2020 Opinion or Order Filing 25 TEXT ORDER granting #22 Motion to Appear Pro Hac Vice. It is ordered that Ashley Marie Bailes who represents Plaintiff Be Green Packaging, LLC is grantedadmission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 1/10/2020.(vdru, )
January 9, 2020 Opinion or Order Filing 24 MOTION to Appear Pro Hac Vice by Calvin Pasquale Griffith ( Filing fee $ 250 receipt number 0420-8873497) by Be Green Packaging LLC. Response to Motion due by 1/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit A - Application to Appear Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing Supreme Ct of Ohio)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
January 9, 2020 Opinion or Order Filing 23 MOTION to Appear Pro Hac Vice by Thomas Robert Goots ( Filing fee $ 250 receipt number 0420-8873469) by Be Green Packaging LLC. Response to Motion due by 1/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit A - Application to Appear Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing Supreme Ct of Ohio)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
January 9, 2020 Opinion or Order Filing 22 MOTION to Appear Pro Hac Vice by Ashley Marie Bailes ( Filing fee $ 250 receipt number 0420-8873412) by Be Green Packaging LLC. Response to Motion due by 1/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit A - Application Appear Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing Supreme Ct of Ohio)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
January 8, 2020 Opinion or Order Filing 20 NOTICE OF CHANGE OF CASE NUMBER to Case Number 9:19-cv-03273-BHH. Please use this new case number on all future filings. (vdru, )
January 8, 2020 Opinion or Order Filing 19 TEXT ORDER: Defendant has moved to suspend briefing on Plaintiff's motion for a preliminary injunction while the Court addresses his pending motion to dismiss. (Dkt. No. 16). Plaintiff has filed a response in opposition. (Dkt. No. 17). The Court finds it necessary to complete the briefing on the motion to dismiss and the motion for preliminary injunction to fully assess the issues before the Court. Consequently, the Defendant's motion to stay briefing on the motion for preliminary injunction (Dkt. No. 16) is denied. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/8/2020. (cper, )
January 8, 2020 Opinion or Order Filing 18 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Honorable Richard M Gergel no longer assigned to the case. (cwil, )
January 7, 2020 Opinion or Order Filing 17 Letter from Attorney Beattie Ashmore. (Ashmore, Beattie)
January 7, 2020 Opinion or Order Filing 16 Letter from David Popowski. (Popowski, David)
January 2, 2020 Opinion or Order Filing 15 TEXT ORDER granting #14 Motion for Extension of Time to File Response/Reply re #9 MOTION to Dismiss for Lack of Prosecution Response to Motion due by 1/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the Direction of Honorable Richard M Gergel on 1/2/2020.(sshe, )
December 31, 2019 Opinion or Order Filing 14 MOTION for Extension of Time to File Response/Reply by Be Green Packaging LLC. Response to Motion due by 1/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
December 23, 2019 Opinion or Order Filing 13 Letter from Defendant's Counsel David Popowski in Response to Plaintiff's Letter regarding Defendant's Motion for Enlargement of Time. (Popowski, David)
December 23, 2019 Opinion or Order Filing 12 TEXT ORDER granting #8 Defendant's Motion for Extension of Time with Consent of opposing counsel (10) until January 14, 2020 to file response to the motion for preliminary judgment. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/23/2019.(ltap, )
December 23, 2019 Opinion or Order Filing 11 TEXT ORDER: Defendant has indicated that Plaintiff opposes the motion for an extension. (Dkt. No. 8.) Plaintiff is directed to file a brief response, no later than 5:00 pm on December 24, 2019, informing the Court the reason for the objection. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/23/2019. (ltap, )
December 23, 2019 Opinion or Order Filing 10 Letter from Beattie B. Ashmore. (Attachments: #1 Exhibit 1 - Email from Popowski to Goots)(Ashmore, Beattie)
December 20, 2019 Opinion or Order Filing 9 MOTION to Dismiss for Lack of Prosecution by Shu Chen. Response to Motion due by 1/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit, #2 Affidavit, #3 Memo in Support, #4 Exhibit)No proposed order.(Popowski, David)
December 20, 2019 Opinion or Order Filing 8 MOTION for Extension of Time by Shu Chen. Response to Motion due by 1/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Popowski, David)
December 17, 2019 Opinion or Order Filing 7 MOTION for Preliminary Injunction by Be Green Packaging LLC. Response to Motion due by 12/31/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 - Declaration of J. Brown, #3 Exhibit A - Shu's Employment Agreement, #4 Exhibit B - Non-Competition Agmt With Chen, #5 Exhibit C - Patent Chart, #6 Exhibit D - CN207404482U Utility Model Patent, #7 Exhibit E - CN107915044A Invention Patent Application, #8 Exhibit F - CN208121482U Utility Model Patent, #9 Exhibit G - CN108457132A Invention Patent Application, #10 Exhibit H - CN110216710A Invention Patent Application, #11 Exhibit I - CN110219210A Invention Patent Application, #12 Exhibit 2 - 2019-10-28 Joe Lee letter to Chen, #13 Exhibit 3 - 2019-11-01 Joe Lee letter to Chen, #14 Exhibit 4 - 2019-11-14 C. Griffith Letter with Attachments)Proposed order is being emailed to chambers with copy to opposing counsel.(Ashmore, Beattie)
December 13, 2019 Opinion or Order Filing 6 LETTER EXTENDING TIME TO ANSWER Shu Chen answer due 1/6/2020. (Popowski, David)
December 2, 2019 Opinion or Order Filing 5 SUMMONS Returned Executed by Be Green Packaging LLC. Shu Chen served on 11/23/2019, answer due 12/16/2019. (Ashmore, Beattie) (Main Document 5 replaced on 12/3/2019) (sshe, ). Modified on 12/3/2019 to replace with corrected signature document as provided by filing user(sshe, ).
November 20, 2019 Opinion or Order Filing 3 Summons Issued as to Shu Chen. (sshe, )
November 20, 2019 Opinion or Order Filing 2 Local Rule 26.01 Answers to Interrogatories by Be Green Packaging LLC.(sshe, )
November 20, 2019 Opinion or Order Filing 1 COMPLAINT against Shu Chen ( Filing fee $ 400 receipt number 0420-8788343.), filed by Be Green Packaging LLC. Service due by 2/18/2020 (Attachments: #1 Exhibit A - Shu's Employment Agreement, #2 Exhibit B - Non-Competition Agmt With Chen S)(sshe, )

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Counter defendant: Be Green Packaging LLC
Represented By: Beattie B Ashmore
Represented By: Calvin Pasquale Griffith
Represented By: Thomas Robert Goots
Represented By: Ashley Marie Bailes
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Defendant: Shu Chen
Represented By: Charles B Leuin
Represented By: Kalpesh K Shah
Represented By: David Popowski
Represented By: Patrick Coleman Wooten
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3rd party defendant: Jim Brown
Represented By: Beattie B Ashmore
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3rd party defendant: Be Green Holding Company
Represented By: Beattie B Ashmore
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