Emery v. Sun Cupid Technology (HK) Limited et al
| Steve Emery |
| Danny York Hoi Sit, Sit Pan Jit, Sun Cupid Technology (HK) Limited, Danny Sit, Michael Sit, Noetic Inc and Sun Cupid America LLC |
| 3:2020cv03519 |
| December 1, 2020 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 45
ORDER: denying Noetic Inc.'s request for an order expediting the briefing on its #41 Emergency Motion to Dissolve the Preliminary Injunction entered by the court on December 23, 2020, and denying without prejudice its request for a hearing on its motion. The parties may file their respective response and reply briefs before the time required by this district's Local Civil Rules. Regardless of when briefing on Noetic Inc.'s motion is complete, the court intends to rule on the motion in its normal course of business and will only schedule a hearing on the motion if it determines that one is necessary after reviewing the parties' briefs. If the court determines that a hearing is necessary, it will notify the parties. (Ordered by Judge Sam A. Lindsay on 1/29/2021) (chmb)
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Filing 44
ELECTRONIC ORDER granting #43 Application for Admission Pro Hac Vice of Craig L. Sanders. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 1/28/2021) (chmb)
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| Filing 43 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11557042) filed by Steve Emery. Attorney Craig L Sanders added to party Steve Emery(pty:pla) (Sanders, Craig) |
| Filing 42 REPLY filed by Noetic Inc re: #32 MOTION to Dismiss. (Acosta, Matthew) |
| Filing 41 Emergency MOTION to Dissolve the Preliminary Injunction re: #34 Memorandum Opinion and Order filed by Noetic Inc. (Attachments: #1 Exhibit(s) A, #2 Proposed Order Granting Defendant Noetic, Inc.'s Emergency Motion to Dissolve the Preliminary Injunction) (Acosta, Matthew) Modified text on 1/27/2021 (mjr). |
| Filing 40 (Document Restricted) REPLY filed by Danny York Hoi Sit, Sun Cupid America LLC, Sun Cupid Technology (HK) Limited re: #31 MOTION to Dismiss, #32 MOTION to Dismiss. (Sandberg, Jeffrey) Modified security on 1/26/2021 (axm). |
| Filing 39 NOTICE of Attorney Appearance by Matthew Kirk Joeckel on behalf of Noetic Inc. (Filer confirms contact info in ECF is current.) (Joeckel, Matthew) |
| Filing 38 NOTICE of Attorney Appearance by Matthew C Acosta on behalf of Noetic Inc. (Filer confirms contact info in ECF is current.) (Acosta, Matthew) |
| Filing 37 CERTIFICATE OF SERVICE by Steve Emery of Defendant Michael Sit (Burleson, Nicole) |
| Filing 36 RESPONSE filed by Steve Emery re: #31 , #32 MOTION to Dismiss (Attachments: #1 Exhibit(s) Ex. 1 - Guaranty and Security Agreement) (Barker, Justin) Modified text on 1/12/2021 (jmg). |
| Filing 35 (Document Restricted) Sealed Amended Appendix in Support re: #14 Motion to Amend and Convert the TRO to a Preliminary Injunction and Opposition to Defendant's Motion to Dissolve filed by Steve Emery. (axm) |
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Filing 34
Memorandum Opinion and Order: denying 10 Defendant Noetic,Inc.'s Motion to Dissolve or Modify Ex Parte Temporary Restraining Order; granting #14 Plaintiff Steve Emery's Consolidated Motion to Amend and Convert Ex Parte TRO to a Preliminary Injunction to the extent set forth in this opinion; and granting #19 Plaintiff's Opposed Motion for Leave to Amend Appendix. The clerk of the court shall file under seal as a separate document the appendix attached to Plaintiff's opposed Motion for Leave. (Ordered by Judge Sam A. Lindsay on 12/23/2020) (chmb)
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Filing 33
THIRD ORDER CONTINUING EX PARTE TRO FOR GOOD CAUSE: For the reasons set forth in its prior orders [26, 29] and, in light of the additional materials recently filed by the parties [28, 30, 31, 32] regarding alleged violations of the Ex Parte TRO and other matters that the court had to review to determine if they affected the previously pending motions, the court hereby extends the Ex Parte TRO one final time through December 23, 2020. The court further determines that this additional extension does not violate Rule 65(b)(2), as it could have extended the TRO until December 29, 2020. Accordingly, the Ex Parte TRO and its terms shall continue in effect through December 23, 2020. (Ordered by Judge Sam A. Lindsay on 12/22/2020) (chmb)
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| Filing 32 (Document Restricted) Defendants Noetic Inc and Sun Cupid America, LLC's MOTION to Dismiss Claims Under Rule 12(B) (Sealed pursuant to order dated 12/10/2020) filed by Noetic Inc, Sun Cupid America LLC with Brief/Memorandum in Support. (Sandberg, Jeffrey) Modified event text on 12/22/2020 (jmg). |
| Filing 31 (Document Restricted) Defendants Danny York Hoi Sit and Sun Cupid Technology Limited's MOTION to Dismiss Claims Under Rule 12(B)(2), (6) (Sealed pursuant to order dated 12/10/2020) filed by Danny York Hoi Sit, Sun Cupid Technology (HK) Limited with Brief/Memorandum in Support (Sandberg, Jeffrey) Modified event text on 12/22/2020 (jmg). |
| Filing 30 (Document Restricted) Sealed Objection re: #28 Notice of Violation of Temporary Restraining Order. (Sealed pursuant to order dated 12/10/2020) filed by Noetic Inc (Sandberg, Jeffrey) Modified text on 12/22/2020 (jmg). |
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Filing 29
SECOND ORDER EXTENDING TEMPORARY RESTRAINING ORDER: The court hereby extends the TRO through 12/22/2020. The court further determines that this second extension does not violate Rule 65(b)(2), as it could have extended the TRO until 12/29/2020. Accordingly, the Ex Parte TRO and its terms shall continue in effect through 12/22/2020. (Ordered by Judge Sam A. Lindsay on 12/18/2020) (axm)
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| Filing 28 NOTICE of Violation of Temporary Restraining Order filed by Steve Emery (Attachments: #1 Exhibit(s) Exhibits and Declaration to Notice of Violation) (Burleson, Nicole) |
| Filing 27 NOTICE of Change to Law Firm Name and Domain Address filed by Steve Emery (Burleson, Nicole) |
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Filing 26
ORDER: continuing for good cause Ex Parte Temporary Restraining Order entered on December 1, 2020, to December 18, 2020, to give the court sufficient time to rule on the parties' pending motions. (Ordered by Judge Sam A. Lindsay on 12/15/2020) (chmb)
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| Filing 25 Court's Exhibit List from Preliminary Injunction held December 14, 2020. (chmb) (Main Document 25 replaced on 12/15/2020) (chmb). |
| Filing 24 ELECTRONIC Minute Entry for proceedings held before Judge Sam A. Lindsay: Preliminary Injunction Hearing held on 12/14/2020. Attorney Appearances: Plaintiff - Li Chen, Nichole Burleson, Kal Shah; Defense - Jeff Sandberg. (Court Reporter: Charyse Crawford) (Exhibits admitted - See court's exhibit list...exhibits with court reporter) Time in Court - 3:45. (chmb) Modified on 12/15/2020 (chmb). |
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Filing 23
ELECTRONIC ORDER granting #20 Application for Admission Pro Hac Vice of Kal K. Shah. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 12/14/2020) (chmb)
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Filing 22
ORDER: The parties shall not file any further materials before the December 14, 2020 hearing. If any party or attorney files additional materials in violation of this order, they will be sanctioned. Further, counsel must be organized and prepared to make their respective presentations during the hearing on December 14, 2020, in an orderly fashion without delay. If necessary, the court may impose time limitations to ensure that both parties are able to complete their presentations on December 14, 2020. (Ordered by Judge Sam A. Lindsay on 12/12/2020) (chmb)
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| Filing 21 (Document Restricted) Sealed Reply and Opposition filed by Noetic Inc re: #14 Motion to Amend and Convert the TRO to a Preliminary Injunction and Opposition to Defendant's Motion to Dissolve (Sealed pursuant to order dated 12/10/2020). (Sandberg, Jeffrey) Modified text on 12/14/2020 (axm). |
| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11434932) filed by Steve Emery Attorney Kalpesh Shah added to party Steve Emery(pty:pla) (Shah, Kalpesh) (Main Document 20 replaced on 12/14/2020 to flatten pdf) (axm). |
| Filing 19 (Document Restricted) Sealed Opposed Motion for Leave to Amend Appendix (Sealed pursuant to order dated 12/1/2020) filed by Steve Emery (Attachments: #1 Proposed Amendment) (Burleson, Nicole) |
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Filing 18
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Justin A. Barker. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 12/11/2020) (chmb)
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Filing 17
ORDER: As service of the ex parte #8 Temporary Restraining Order has or should have been served by Plaintiff on all parties by this time, the court directs the clerk of the court to unseal this case, except for docket sheet entry numbers 2, 4, 10, and 11, which shall remain under seal pending further order of the court in light of Plaintiffs prior motion to seal and representation that certain information and transactions between the parties have been treated by them as confidential (Ordered by Judge Sam A. Lindsay on 12/10/2020) (svc)
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| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Justin A. Barker (Filing fee $100; Receipt number DS128339) filed by Steve Emery. (axm) |
| Filing 15 Brief/Memorandum in Support filed by Steve Emery re #14 MOTION to Amend and Convert the TRO to a Preliminary Injunction and Opposition to Defendant's Motion to Dissolve. (axm) |
| Filing 14 MOTION to Amend and Convert the TRO to a Preliminary Injunction and Opposition to Defendant's Motion to Dissolve filed by Steve Emery. (axm) |
| Filing 13 NOTICE of Attorney Appearance by Nicole Elaine Burleson on behalf of Steve Emery. (ndt) |
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Filing 12
ORDER re: 10 Emergency Motion to Dissolve, or in the Alternative, Modify, the Ex Parte Temporary Restraining Order. Responses due by 12/9/2020. Replies due by 12/10/2020. Motion Hearing set for 12/14/2020 03:00 PM before Judge Sam A. Lindsay. (Ordered by Judge Sam A. Lindsay on 12/8/2020) (svc)
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| Filing 9 Summons Reissued as to Danny York Hoi Sit. (ykp) |
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Filing 8
Memorandum Opinion and Order granting #3 Motion for Ex Parte TRO; granting #6 Motion to Seal. (Ordered by Judge Sam A. Lindsay on 12/1/2020) (chmb) Docket entry security modified on 12/3/2020 (twd).
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| Filing 7 Summons Issued as to Danny York Hoi Sit, Noetic Inc, SIT Pan Jit, Sun Cupid America LLC, Sun Cupid Technology (HK) Limited. (ykp) |
| Filing 6 MOTION for Leave to File Documents Under Seal filed by Steve Emery (ykp) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steve Emery. (ykp) |
| Filing 3 Plaintiff Steve Emery's Motion for an Emergency Ex Parte Temporary Restraining Order filed by Steve Emery (Attachments: #1 Proposed Order) (ykp) |
| Filing 1 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Judge Sam A. Lindsay added. Senior Judge Sam R Cummings no longer assigned to case per SO 3-339. (axm) |
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