Izquierdo v. Shanghai Lingce Electronic Technology Col, LTD et al
| Gerard Izquierdo |
| Shanghai Lingce Electronic Technology Col, LTD, Shanghai Merlin Test Technologies Co., LTD., Yue Lin, Yun Yu, Greg Belcik, Weiyi Wang, Rongxaun Shao, Guo Ming Chen, Hai Bo Yu and Shenzhen Golden Ha-Tech Electronics Co, LTD. |
| 1:2023cv00793 |
| July 14, 2023 |
| US District Court for the Western District of Texas |
| Docket - Austin |
| David Counts |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Certified Mail Receipt for certified copy of #29 Order Granting Motion to Remand mailed to Bastrop County Clerk of Court. (jv2) |
Filing 29
ORDER GRANTING #18 Plaintiff's Motion to Remand. IT IS ORDERED that this case is REMANDED to the 21st District Court of Bastrop County, Texas. Signed by Judge David Counts. (jv2)
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| Case reassigned to Judge David Counts. (jv2) |
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Filing 28
ORDER GRANTING #25 Motion to Appear Pro Hac Vice for Attorney Scott J. Hawranek for Greg Belcik. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (jv2)
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| Filing 27 REPLY to Response to Motion, filed by Gerard Izquierdo, re #18 MOTION to Remand to State Court filed by Plaintiff Gerard Izquierdo (Dunham, David) |
| Filing 26 MOTION for Entry of Confidentiality and Protective Order by Greg Belcik. (Attachments: #1 Proposed Order Confidentiality and Protective Order)(Mowry, Kathleen) |
| Filing 25 MOTION to Appear Pro Hac Vice by Kathleen J Mowry for Scott Hawranek ( Filing fee $ 100 receipt number ATXWDC-17803367) by on behalf of Greg Belcik. (Attachments: #1 Proposed Order Proposed Order re: Motion for Admission Pro Hac Vice)(Mowry, Kathleen) |
| Filing 24 Response in Opposition to Motion, filed by Greg Belcik, re #18 MOTION to Remand to State Court filed by Plaintiff Gerard Izquierdo (Mowry, Kathleen) |
| Filing 23 MOTION to Consolidate Cases by Greg Belcik. (Attachments: #1 Exhibit A. Complaint and Jury Demand, #2 Proposed Order Proposed Order re: Defendant Belcik's Motion for Consolidation)(Mowry, Kathleen) |
| Filing 22 Response in Opposition to Motion, filed by Gerard Izquierdo, re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Yun Yu (Attachments: #1 Exhibit)(Dunham, David) |
| Filing 21 Response in Opposition to Motion, filed by Gerard Izquierdo, re #8 MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS THE SUIT/QUASH SERVICE OF PROCES filed by Defendant Yun Yu (Attachments: #1 Exhibit Ex 01. Plaintiffs Original Petition (State Court).pdf, #2 Exhibit Ex 02. Affidavit of Derek Lanctot.pdf, #3 Exhibit Ex 03. Return of Service for Plaintiffs Original Petition.pdf, #4 Exhibit Ex 04. Return of Service for Plaintiffs First Amended Petition..pdf)(Dunham, David) |
| MOTION REFERRED: referred #18 MOTION to Remand to State Court . Referral Judge: David Counts. (jv2) |
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Text Order REFERRING #18 Motion to Remand to State Court entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion to Remand, (Dkt. 18), is REFERRED to United States District Court Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HSlc)
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Filing 20
ORDER RESETTING Motions Hearing - #4 MOTION for Preliminary Injunction:Hearing RESET for 9/12/2023 at 11:00 AM before Judge David Counts. Signed by Judge David Counts. (jv2)
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Filing 19
ORDER re #18 MOTION to Remand to filed by Gerard Izquierdo. IT IS ORDERED any response be filed by 08/21/2023, and any reply be filed by 08/24/2023. Signed by Judge Robert Pitman. (jv2)
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| Filing 18 MOTION to Remand to State Court by Gerard Izquierdo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Dunham, David) |
| Motions No Longer Referred: #5 MOTION to Quash (jv2) |
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Text Order GRANTING #15 Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff shall file a response to Defendant's Memorandum in Support of Motion to Dismiss the Suit/Quash Service of Process, (Dkt. 8), on or before August 21, 2023. IT IS FURTHER ORDERED that Plaintiff shall file a response to Defendant's Memorandum in Support of Motion to Dismiss for Lack of Jurisdiction, (Dkt. 9), on or before August 21, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HSlc)
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| Filing 17 REPLY to Response to Motion, filed by Greg Belcik, re #5 MOTION to Quash filed by Defendant Greg Belcik for Lack of Jurisdiction (Mowry, Kathleen) |
| Filing 16 REPLY to Response to Motion, filed by Greg Belcik, re #4 MOTION for Temporary Restraining Order Temporary Injunction and Permanent Injunction (Attachments: #1 Exhibit A. Joint Venture Agreement, #2 Exhibit B. Irrevocable Proxy and Unanimous Action, #3 Exhibit C. Email from Y. Lin, #4 Exhibit D. Merlin Test Technologies, #5 Exhibit E. Criminal Trespass Warning, #6 Exhibit F. Photo of Plaintiff's son, #7 Exhibit G. Text Messages, #8 Exhibit H. Statement R. Mosier, #9 Exhibit I. Email Confirming Lost Access, #10 Exhibit J. Emails, #11 Exhibit K. Written Consent of Board of Directors, #12 Exhibit L. Email dated July 28, 2023)(Mowry, Kathleen) |
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Text Order DISMISSING AS MOOT #5 Defendant Greg Belcik's Motion to Quash District Court Order for Lack of Jurisdiction entered by Judge Susan Hightower. As requested by Defendant in his Reply #17 , the Court dismisses as moot Defendant's motion to quash a state court order that expired on July 26, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (SH)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS THE SUIT/QUASH SERVICE OF PROCES, #9 MOTION to Dismiss for Lack of Jurisdiction by Gerard Izquierdo. (Attachments: #1 Proposed Order)(Dunham, David) |
| MOTION REFERRED: referred #5 MOTION to Quash. Referral Judge: Susan Hightower. (cc3) |
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Text Order REFERRING #5 Motion to Quash entered by Judge Robert Pitman. IT IS ORDERED that Defendant Greg Belcik's Motion to Quash District Court Order for Lack of Jurisdiction, (Dkt. 5), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (HSlc)
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| Filing 14 Response in Opposition to Motion, filed by Gerard Izquierdo, re #5 MOTION to Quash filed by Defendant Greg Belcik DISTRICT COURT ORDER FOR LACK OF JURISDICTION (Attachments: #1 Exhibit Ex A. Plaintiffs Original Petition in State Court Action.pdf, #2 Exhibit Ex B. First State Court Order Granting TRO.pdf, #3 Exhibit Ex C. State Court Order Rescinding TRO.pdf, #4 Exhibit Ex D. Belcik State Court Application for TRO.pdf, #5 Exhibit Ex E. Plaintiffs Motion to Reconsider Dissolution of TRO.pdf, #6 Exhibit Ex F. State Courts Second TRO.pdf, #7 Exhibit Ex G. Plaintiffs Verified Motion for Continuance.pdf, #8 Exhibit Ex H. Email from Court showing Motion for Continuance was printed for Judge.pdf, #9 Exhibit Ex I. Order Granting Motion for Continuance.pdf, #10 Exhibit Ex J. Belciks State Court Notice of Removal.pdf, #11 Exhibit Ex K. Belciks Motion in State Court to Strike July 14, 2023 Order.pdf)(Dunham, David) |
| Filing 13 Response in Opposition to Motion, filed by Gerard Izquierdo, re #4 MOTION for Temporary Restraining Order TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Dunham, David) |
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Filing 12
ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Meina Heydari for Yun Yu. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (jv2)
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| Filing 11 MOTION to Appear Pro Hac Vice by D. Craig Brinker for Meina Heydari ( Filing fee $ 100 receipt number ATXWDC-17699851) by on behalf of Yun Yu. (Attachments: #1 Proposed Order)(Brinker, D.) Modified on 7/26/2023 (jv2). |
| Filing 10 Pro Hac Vice Letter directed to Meina Heydari. (jv2) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Yun Yu. (Attachments: #1 Exhibit A)(Brinker, D.) |
| Filing 8 MOTION to Dismiss MEMORANDUM IN SUPPORT OF MOTION TO DISMISS THE SUIT/QUASH SERVICE OF PROCES by Yun Yu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brinker, D.) |
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Filing 7
ORDER Setting Motions Hearing - #4 MOTION for Preliminary Injunction: set for 8/23/2023 at 08:30 AM before Judge David Counts. Signed by Judge David Counts. (jv2)
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| Filing 6 Pro Hac Vice Letter directed to Kathleen J. Mowry. (jv2) |
| Filing 5 MOTION to Quash District Court Order for Lack of Jurisdiction by Greg Belcik. (Attachments: #1 Exhibits, #2 Proposed Order)(jv2) |
| Filing 4 MOTION for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)Motions referred to Judge Susan Hightower. (cc3) |
| CASE NO LONGER REFERRED to Magistrate Judge Susan Hightower. (cc3) |
| Filing 3 Certificate of Interested Parties. (cc3) |
| Filing 2 SUPPLEMENT JS 44. (cc3) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $402 receipt number 1064), filed by Greg Belcik. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(cc3) |
| Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cc3) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cc3) |
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