Viiva Global et al v. Zhou et al
| Viiva Global, Bowen and 402K |
| Xi Jian Zhou and Li Wei Wang |
| Zions Bancorporation |
| SH Global and Affe Holdings |
| Global Legacy |
| Steinway Huang, Zhigang Wang, Devin Glazier and Craig Johansen |
| 2:2021cv00662 |
| November 8, 2021 |
| US District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Trademark |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 7, 2023. A more recent docket listing may be available from PACER.
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Filing 60
Stipulated MOTION to Stay (extending stay) of Proceedings filed by Defendant Global Legacy. (Attachments: #1 Text of Proposed Order Order Extending Stay of Proceedings) Motions referred to Daphne A. Oberg.(Peterson, Zachary)
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Filing 59
STIPULATION re #57 MOTION to Enforce Stipulation (Docket #52) and Memorandum in Support or in the Alternative MOTION to Lift Stay (Docket #56) and Memorandum in Support by Global Legacy. (Peterson, Zachary)
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Filing 58
Motions No Longer Referred: #57 MOTION to Enforce Stipulation (Docket #52) and Memorandum in Support or in the Alternative MOTION to Lift Stay (Docket #56) and Memorandum in Support. The district judge will address the motion. (rep)
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Filing 57
MOTION to Enforce Stipulation (Docket #52) and Memorandum in Support or in the Alternative, MOTION to Lift Stay (Docket #56) and Memorandum in Support filed by Defendant Global Legacy. (Attachments: #1 Exhibit A - 9/29/21 Letter, #2 Exhibit B - Zions Bank statements, #3 Exhibit C - Phone screenshot, #4 Exhibit D - 12/29/21 letter) Motions referred to Daphne A. Oberg.(Peterson, Zachary)
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Filing 56
DOCKET TEXT ORDER granting #55 Stipulated Motion to Stay Proceedings. All pending deadlines for responses to discovery, motions, or pleadings are stayed until January 7, 2022. Signed by Magistrate Judge Daphne A. Oberg on 12/20/2021. No attached document. (eh)
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Filing 55
Stipulated MOTION to Stay Proceedings filed by Defendant Global Legacy. (Attachments: #1 Text of Proposed Order Order Staying Proceedings) Motions referred to Daphne A. Oberg.(Peterson, Zachary)
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Filing 54
ORDER denying as moot #50 Motion to Intervene; granting in part and denying in part #52 Motion for Interpleader Disbursement (28 U.S.C. Section 1335). Signed by Judge David Barlow on 12/14/2021. (jl)
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Filing 53
Motions No Longer Referred: #52 Stipulated MOTION for Interpleader Disbursement (28 U.S.C. Section 1335). The district judge will address the motion. (rep)
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Filing 52
Stipulated MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) filed by Movant Zions Bancorporation. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Leeman, Alex)
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Filing 51
Motions No Longer Referred: #50 MOTION to Intervene and Memorandum in Support. The district judge will address the motion. (rep)
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Filing 50
MOTION to Intervene and Memorandum in Support filed by Movant Zions Bancorporation. (Attachments: #1 Exhibit Proposed Interpleader Motion) Motions referred to Daphne A. Oberg. Attorney Alex B. Leeman added to party Zions Bancorporation(pty:mov)(Leeman, Alex)
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Filing 49
CROSSCLAIM against Devin Glazier, Steinway Huang, Craig Johansen, Zhigang Wang filed by Global Legacy. (Attachments: #1 Exhibit 9.30 letter re withdrawal of $5.5m, #2 Exhibit 12.1 unauthorized filing, #3 Exhibit 12.3 unauthorized filing, #4 Exhibit statement re termination of access). (jl)
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Filing 48
ANSWER to #30 Amended Complaint , COUNTERCLAIM against All Plaintiffs filed by Global Legacy. (Attachments: #1 Exhibit 9.30 letter re withdrawal of $5.5m, #2 Exhibit 12.1 unauthorized filing, #3 Exhibit 12.3 unauthorized filing, #4 Exhibit statement re termination of access)(Meziani, Sam)
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Filing 47
Motions No Longer Referred: #45 MOTION Re-Align Viiva Global, LLC as a defendant and Memorandum in Support. The district judge will address the motion. (rep)
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Filing 46
MOTION to Dismiss and Memorandum in Support filed by Defendant Global Legacy. (Attachments: #1 Exhibit A - Capitalization Table, #2 Exhibit B - Verified Second Amended Complaint, #3 Exhibit C - Verified Amended Complaint, #4 Exhibit D - 9/29/21 Letter)(Peterson, Zachary)
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Filing 45
MOTION Re-Align Viiva Global, LLC as a defendant and Memorandum in Support filed by Defendant Global Legacy. Motions referred to Daphne A. Oberg.(Meziani, Sam)
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Filing 44
NOTICE MOTION to Substitute Attorney filed by Plaintiff Viiva Global. Motions referred to Daphne A. Oberg. Attorney Brian C. Webber added to party Viiva Global (pty:pla)(Webber, Brian) Modified by terming motion and changing text to notice per chambers on 12/8/2021 (jl).
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Filing 43
ORDER denying #40 Motion for TRO and Prohibiting Negotiation of Check. Signed by Judge David Barlow on 12/07/2021. (jl)
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Filing 42
Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 12/6/2021 re #40 MOTION for Temporary Restraining Order and Memorandum in Support filed by Global Legacy. Counsel was present in person. Discussion and argument heard on the motion. For the reasons stated on the record, the court DENIED the motion for temporary restraining order and entered an order based on the parties' stipulation not to negotiate the Zions bank cashier's check(s). Court was adjourned. Attorney for Plaintiff: ean N. Egan, Attorney for Defendant: Sam Meziani. Court Reporter: Laura Robinson.(tcs)
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Filing 41
NOTICE OF HEARING ON MOTION re: #40 MOTION for Temporary Restraining Order and Memorandum in Support : In-Person Motion Hearing set for 12/6/2021 at 04:30 PM in Rm 8.100 before Judge David Barlow. (tcs)
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Filing 40
MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendant Global Legacy. (Meziani, Sam)
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Filing 39
ORDER Denying as moot #31 Motion to Expedite. The Order on Expedited Discovery remains in effect. This stipulation between the parties applies only to the Order entered on November 18, 2021 and does not affect any of the parties' remaining claims or defenses. Signed by Judge David Barlow on 12/1/2021. (jl)
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Filing 38
NOTICE VACATING MOTION HEARING set for 12/1/2021 at 2:30 p.m. before Judge David Barlow. Counsel notified the court that the parties had reached a stipulation regarding expiration of the TRO. The motion hearing is vacated. (tcs)
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Filing 37
AMENDED NOTICE OF HEARING ON MOTION re: #31 MOTION to Expedite Plaintiffs' Motion for Continuation of Temporary Restraining Order and Memorandum in Support: With the court's apologies, the motion hearing set for 12/1/2021 at 01:30 PM will now begin at 2:30 PM in Rm 8.100 before Judge David Barlow. (tcs)
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Filing 36
MEMORANDUM in Opposition re #31 MOTION to Expedite Plaintiffs' Motion for Continuation of Temporary Restraining Order and Memorandum in Support filed by Defendant Global Legacy. (Attachments: #1 Exhibit text of Plaintiff's proposed order submitted after TRO hearing)(Meziani, Sam)
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Filing 35
ORDER Regarding Expedited Discovery. Signed by Magistrate Judge Daphne A. Oberg on 11/29/2021. (jl)
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Filing 34
Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Scheduling Conference held on 11/23/2021. All parties are appearing via zoom. The court set dates and deadlines as stated on the record. Attorney for Plaintiff: Sean Egan, Attorney for Defendant: Zachary Peterson. Court Reporter: Electronic-Zoom.(Time Start: 10:29, Time End: 10:40, Room Chambers.)(las)
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Filing 33
NOTICE OF HEARING ON MOTION re: #31 MOTION to Expedite Plaintiffs' Motion for Continuation of Temporary Restraining Order and Memorandum in Support :In-person Motion Hearing set for 12/1/2021 at 01:30 PM in Rm 8.100 before Judge David Barlow. The court has issued a TRO that expires on 12/2/2021. It is now in receipt of plaintiffs' motion to continue the TRO. Additional briefing on this motion is not required. (tcs)
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Filing 32
Motions No Longer Referred: #31 MOTION to Expedite Plaintiffs' Motion for Continuation of Temporary Restraining Order and Memorandum in Support. The district judge will address the motion. (rep)
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Filing 31
MOTION to Expedite Plaintiffs' Motion for Continuation of Temporary Restraining Order and Memorandum in Support filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Text of Proposed Order re: Expedited Motion for Continuation of Temporary Restraining Order) Motions referred to Daphne A. Oberg.(Egan, Sean)
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Filing 30
AMENDED COMPLAINT [Second] against All Defendants with Jury Demand. filed by SH Global, Bowen, Affe Holdings, Viiva Global, 402K. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Egan, Sean)
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Filing 29
DOCKET TEXT ORDER granting #27 Plaintiff's Expedited Motion for Scheduling Conference. The parties are ordered to meet and confer prior to the scheduling conference. Signed by Magistrate Judge Daphne A. Oberg on 11/22/2021. No attached document. (eh)
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Filing 28
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference set for 11/23/2021 at 10:30 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Signed by Magistrate Judge Daphne A. Oberg on 11/22/2021. (las)
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Filing 27
Plaintiff's MOTION for Scheduling Order and Memorandum in Support filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Text of Proposed Order re: Motion for Scheduling Conference) Motions referred to Daphne A. Oberg.(Egan, Sean)
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Filing 26
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a schedule to Defendant(s) in the form of a draft Attorney Planning Meeting Report, available on the District of Utahs website at https://www.utd.uscourts.gov/civil-case-scheduling, within fourteen (14) days. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 11/19/2021. (jl)
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Filing 25
ORDER granting in part and denying in part #4 Motion for TRO. Signed by Judge David Barlow on 11/18/2021. (jl)
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Filing 24
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 11/18/21. (rep)
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Filing 23
Minute Entry for proceedings held before Judge David Barlow: Miscellaneous Hearing held on 11/18/2021. Discussion and argument heard on the language of the proposed temporary restraining order. The court will issue its order. No bond will be required at this time. Expedited discovery will be permitted, as directed by the magistrate judge. Attorney for Plaintiff: Sean N. Egan, Attorney for Defendant: Sam Meziani, Zachary E. Peterson. Court Reporter: Laura Robinson.(tcs)
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Filing 22
NOTICE OF HEARING: Miscellaneous Hearing set for 11/18/2021 at 03:00 PM in Rm 8.100 before Judge David Barlow. (tcs)
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Filing 21
Witness and Exhibit List for Temporary Restraining Order Hearing. (tcs)
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Filing 20
Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 11/17/2021 re #4 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support with Exhibit A filed by 402K, Bowen, Viiva Global, Affe Holdings, SH Global. Discussion and argument heard regarding compliance with derivative lawsuit pre-suit notice requirement. The court ruled that requirement has not been met such that issues for the TRO hearing will be limited to nonderivative claims. Steinway Huang called and testified. Devin Glazier called and testified. Craig Johanson called and testified. Discussion and argument heard on the motion for temporary restraining order. For the reasons stated on the record, the court granted in part and denied in part the motion for temporary restraining order. The court directed the parties to meet and confer on language for an order effectuating the courts ruling and to submit, if possible, stipulated language for an order by 12 noon on 11/18/2021. If the parties are unable to agree on language, the parties shall notify the court and the court will convene a hearing at 3:00 p.m. on 11/18/2021 in courtroom 8.100 to hear the parties' arguments and issue its order. The court further directs the parties to consider whether a bond is necessary for the 14-day period anticipated by this TRO, or whether the bond issue should be reserved for further consideration until any preliminary injunction hearing. Attorney for Plaintiff: Sean N. Egan, Attorney for Defendant: Sam Meziani, Zachary E. Peterson. Court Reporter: Becky Janke.(tcs)
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Filing 19
EXHIBITS filed by 402K, Affe Holdings, Bowen, SH Global, Viiva Global re #18 Witness List(Proposed). (Attachments: #1 Exhibit A)(Egan, Sean)
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Filing 18
Proposed Witness List and Exhibit List re: Injunctive Relief Hearing by 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Exhibit A)(Egan, Sean)
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Filing 17
REPLY to Response to Motion re #4 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support with Exhibit A filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Egan, Sean)
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Filing 16
DOCKET TEXT ORDER No attached document. In its previous order, the court indicated that the parties are free to either argue the briefs or to supplement the record with additional evidence at the hearing on #4 Motion for Temporary Restraining Order scheduled for 11/17/21 at 1:30 pm. The court now orders that any party choosing to submit documentary evidence or present a witness must produce any such evidence or identify any such witness to the opposing side no later than 5pm on Tuesday, 11/16/21. Signed by Judge David Barlow on 11/15/21. (rep)
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Filing 15
MEMORANDUM in Opposition re #4 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support with Exhibit A filed by Defendant Global Legacy. (Attachments: #1 Exhibit A - Capitalization Table, #2 Exhibit B - 9/29/21 Letter, #3 Exhibit C - Offer Letter, #4 Exhibit D - Termination Notice)(Meziani, Sam)
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Filing 14
NOTICE of WITHDRAWAL OF NOTICE OF INTENT TO SERVE SUBPOENA ON GLOBAL LEGACY by 402K, Affe Holdings, Bowen, SH Global, Viiva Global re #13 Notice (Other), #11 Notice of Filing (Egan, Sean)
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Filing 13
NOTICE of NOTICE OF INTENT TO SERVE SUBPOENA by 402K, Affe Holdings, Bowen, SH Global, Viiva Global (Attachments: #1 Exhibit 1) (Egan, Sean)
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Filing 12
DOCKET TEXT ORDER No attached document. The court is in receipt of #11 Plaintiffs' Notice of Intent to Serve Subpoena and the parties' emails regarding the nature of the hearing set for Wednesday, 11/17/21. The parties may present evidence in the form of witnesses and/or documents. However, the parties will not be permitted to compel any testimony or documents from any opposing party prior to or at the hearing. Signed by Judge David Barlow on 11/11/21. (rep)
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Filing 11
NOTICE OF FILING of NOTICE OF INTENT TO SERVE SUBPOENA filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Exhibit 1)(Egan, Sean)
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Filing 10
NOTICE OF IN-PERSON HEARING ON MOTION re: #4 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support with Exhibit A: Motion Hearing set for 11/17/2021 at 01:30 PM in Rm 8.100 before Judge David Barlow. (tcs)
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Filing 9
DOCKET TEXT ORDER granting in part and denying in part #8 Motion to Expedite. The court sets the following briefing schedule on #4 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction: Defendants' Opposition, if any, is due by 5pm on Friday, 11/12/21; Plaintiffs' Reply, if any, is due by 5pm on Monday, 11/15/21. The court will set a hearing on the motion for Wednesday, 11/17/21 at 1:30pm. Signed by Judge David Barlow on 11/10/21. No attached document. (rep)
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Filing 8
Plaintiff's MOTION to Expedite Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Text of Proposed Order)(Egan, Sean)
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Filing 7
NOTICE OF ADR, e-mailed or mailed to Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global, Defendants Global Legacy, Li Wei Wang, Xi Jian Zhou. (mh)
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Filing 6
File Received from 4th District, Utah County consisting of Docket Sheet, Complaint, Substitution of Counsel, Amended Complaint, Motions for TRO and Preliminary Injunction, Affidavit/Declaration of Service, Summons on Return, Notice of Removal to Federal Court, and applicable state court returns. (Attachments: #1 Complaint Verified Complaint, #2 Complaint NEF, #3 Substitution of Counsel for Plaintiffs, #4 Substitution NEF, #5 Amended Complaint Part 1, #6 Amended Complaint Part 1 NEF, #7 Amended Complaint Part 2, #8 Amended Complaint part 2 NEF, #9 Amended Complaint Exhibit 1 Pt 1, #10 Amended Complaint exhibit 1 pt 2, #11 Amended Complaint Exhibit 1 pt 1 and 2 NEF, #12 Amended Complaint exhibit 1 pt 4, #13 Amended Complaint Exhibit 1 pt 5, #14 Amended Complaint Exhibit 1 pt 4 and 5 NEF, #15 Motion TRO and Prelim Injunction, #16 Motion for TRO NEF, #17 Motion for TRO Ex A pt 1a, #18 Motion TRO Exhibit A pt 1b, #19 Motion TRO Exhibit A pt 2, #20 Motion TRO Exhibit 1 pt1 and 2 NEF, #21 Motion TRO Exhibit A pt 4, #22 Motion TRO Exhibit A pt., #23 Motion TRO Exhibit A pt 6, #24 Motion TRO Exhibit A pts 4-6 NEF, #25 Order Proposed re TRO Motion, #26 Order Proposed re TRO Motion NEF, #27 Motion TRO Exhibit A pt 3, #28 Motion TRO Exhibit A pt 3 NEF, #29 Amended Complaint Exhibit 1 pt 3, #30 Amended Complaint Exhibit 1 pt 3 NEF, #31 Other Not Signed Order Proposed re Motion for TRO, #32 Other Not Signed Order Proposed re Motion for TRO NEF, #33 Viiva Motion for TRO and Prelim Injunction Hearing Requested, #34 Viiva Motion for TRO NEF, #35 Order Proposed Granting Plaintiff Motion for TRO, #36 Order Proposed Granting Plaintiff Motion for TRO NEF, #37 Other Not Signed Order Proposed for Protective Order, #38 Other Not Signed Order Proposed for Motion for Protective Order NEF, #39 Affidavit Declaration of Service for Global Legacy, #40 Summons on Return for Global Legacy, #41 Affidavit Declaration and Summons on Return NEF, #42 Affidavit Declaration for Global Legacy correct version, #43 Summons on Return for Global Legacy, #44 Affidavit Declaration Correct Version and Summons on Return NEF, #45 Notice of Filing Notice of Removal, #46 Ex 1 Part 1 of 6 to Notice of Filing Notice of Removal, #47 Ex 2 Part 2 of 6 to Notice of Filing Notice of Removal, #48 Ex 1 Part 3 of 6 to Notice of Filing Notice of Removal, #49 Ex 1 part 4 of 6 to Notice of Filing Notice of Removal, #50 Ex 1 Part 5 of 6 to Notice of Filing Notice of Removal, #51 Ex 1 Part 6 of 6 to Notice of Filing Notice of Removal, #52 Notice of Filing Notice and Ex 1 part 1 and 2 to Notice of Filing NEF, #53 Ex 1 Part 3 and 4 to Notice of Filing NEF, #54 Ex 1 Part 5 and 6 Notice of Filing NEF) (jl)
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Filing 5
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Notice of Removal Complaint Part 1, #2 Notice of Removal Complaint Part 2, #3 Notice of Removal Complaint Part 3) (mh)
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Filing 4
Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support with Exhibit A filed by Plaintiffs 402K, Affe Holdings, Bowen, SH Global, Viiva Global. (Attachments: #1 Exhibit A, #2 Text of Proposed Order re: Viiva's Motion for Temporary Restraining Order)(Egan, Sean)
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Filing 3
NOTICE of Appearance by Sean N. Egan on behalf of 402K, Affe Holdings, Bowen, SH Global, Viiva Global (Egan, Sean)
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Filing 2
NOTICE OF REMOVAL from 4th District Utah County, case number 210401443, (Filing fee $ 402, receipt number AUTDC-4158981) filed by Global Legacy. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Court Docket, #3 Exhibit C (Part 1 of 3) - Verified Amended Complaint, #4 Exhibit C (Part 2 of 3) - Verified Amended Complaint, #5 Exhibit C (Part 3 of 3) - Verified Amended Complaint, #6 Exhibit D - Notice of Service, #7 Civil Cover Sheet Doc. 1 - Civil Cover Sheet) Assigned to Judge David Barlow (Meziani, Sam)
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Filing 1
Case has been indexed and assigned to Judge David Barlow. Defendants Global Legacy, Zhou Xi Jian, Li Wei Wang are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mh)
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