California Northern District Court
Judge:Vince Chhabria
Case #: 3:24-cv-02747
Nature of Suit790 Labor - Other Labor Litigation
Cause05:704 Labor Litigation
Case Filed:May 08, 2024
Last checked: Monday Nov 04, 2024 12:43 AM PST
Defendant
Aimerce Inc
1000 Fulton St,
San Francisco, CA 94117
Represented By
Dhaivat H Shah
Grella Shah LLP
contact info
Defendant
Yiqi Wu
1000 Fulton St,
San Francisco, CA 94117
Represented By
Justin L. Sowa
Gluck Daniel LLP
contact info
Plaintiff
Zhi Sun
Represented By
Shanshan Zou
Merca Law Group
contact info


Docket last updated: 12/20/2024 11:59 PM PST
Wednesday, November 13, 2024
48 48 order Judgment Wed 11/13 9:42 AM
JUDGMENT. Signed by Judge Vince Chhabria on 11/13/2024. (vclc1, COURT STAFF)
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47 47 2 pgs order Order ~Util - Terminate Motions Wed 11/13 9:40 AM
ORDER Granting 37 , 38 Motions to Dismiss. Signed by Judge Vince Chhabria on 11/13/2024. (vclc1, COURT STAFF)
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Thursday, November 07, 2024
46 46 minutes Motion Hearing Thu 11/07 11:52 AM
Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 11/7/2024 re 37 MOTION to Dismiss filed by Aimerce Inc, 38 MOTION to Dismiss Amended Complaint filed by Yiqi Wu. Court inquired about Plaintiff counsel's delay. Counsel indicated she is sick, was stuck in traffic, anticipated being late and tried to login via Zoom to inform the Court. Oral arguments made and heard. Court to issue written ruling. Total Time in Court: 23 minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: Shanshan Zou. Defendant Attorney: Craig Daniel (Wu), Dhaivat Shah (Aimerce). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 11/7/2024)
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Friday, October 11, 2024
45 45 respm Reply to Opposition/Response Fri 10/11 2:33 PM
REPLY Related [+] filed byYiqi Wu. (Sowa, Justin)
Related: [-] 38 MOTION to Dismiss Amended Complaint
Tuesday, October 08, 2024
44 44 respm Reply to Opposition/Response Tue 10/08 3:58 PM
REPLY Related [+] filed byAimerce Inc. (Shah, Dhaivat)
Related: [-] 37 MOTION to Dismiss
43 43 order Order Tue 10/08 2:48 PM
ORDER. The 39 order to show cause is discharged. The defendants have until Monday, October 14, to file their replies. Signed by Judge Vince Chhabria on 10/8/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF)
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Thursday, October 03, 2024
42 42 misc Statement Thu 10/03 4:35 PM
Memorandum Re Order to Show Cause by Zhi Sun. (Zou, Shanshan) Modified on 10/3/2024 (gba, COURT STAFF)
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41 41 respm Opposition/Response to Motion Thu 10/03 3:58 PM
OPPOSITION/RESPONSE Related [+] FIRST AMENDED COMPLAINT filed byZhi Sun. (Zou, Shanshan)
Related: [-] 37 MOTION to Dismiss
40 40 respm Opposition/Response to Motion Thu 10/03 3:57 PM
OPPOSITION/RESPONSE Related [+] filed byZhi Sun. (Zou, Shanshan)
Related: [-] 38 MOTION to Dismiss Amended Complaint
39 39 order Order Thu 10/03 11:08 AM
ORDER. Sun is ordered to show cause why the case should not be dismissed for failure to prosecute in light of her failure to oppose the 37 38 motions to dismiss by the October 1 deadline. A response to this order is due this Friday, October 4, at 5pm. Signed by Judge Vince Chhabria on 10/3/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF)
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Tuesday, September 17, 2024
38 38 motion Dismiss Tue 09/17 4:15 PM
MOTION to Dismiss Amended Complaint filed by Yiqi Wu. Motion to Dismiss Hearing set for 11/7/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 10/1/2024. Replies due by 10/8/2024.(Sowa, Justin)
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Att: 1 Appendix Request for Judicial Notice,
Att: 2 Exhibit RJN Ex. A - Stock Purchase Agreement,
Att: 3 Exhibit RJN Ex. B - Vesting Agreement
37 37 motion Dismiss Tue 09/17 3:38 PM
MOTION to Dismiss filed by Aimerce Inc. Motion to Dismiss Hearing set for 11/7/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 10/1/2024. Replies due by 10/8/2024.(Shah, Dhaivat)
Related: [-]
Att: 1 Appendix Request for Judicial Notice,
Att: 2 Exhibit RJN Ex. A - Stock Purchase Agreement,
Att: 3 Exhibit RJN Ex. B - Founder Vesting Agreement
Tuesday, September 03, 2024
36 36 cmp Amended Complaint Tue 09/03 8:35 PM
AMENDED COMPLAINT against All Defendants. Filed by Zhi Sun. (Zou, Shanshan)
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Wednesday, August 21, 2024
35 35 3 pgs order Order ~Util - Terminate Motions Wed 08/21 11:42 AM
ORDER Granting 19 20 Motions to Dismiss. Signed by Judge Vince Chhabria on 8/21/2024. (vclc1, COURT STAFF)
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Thursday, August 15, 2024
34 34 minutes Motion Hearing 1 - Terminate Hearings Thu 08/15 11:43 AM
Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 8/15/2024 re 20 MOTION to Dismiss filed by Aimerce Inc, 19 MOTION to Dismiss filed by Yiqi Wu. Oral arguments made and heard. Court to issue written ruling. Court vacated 8/16/2024 Case Management Conference. Total Time in Court: 18 minutes. Court Reporter: Stephen Franklin. Plaintiff Attorney: Shanshan Zou. Defendant Attorney: Justin Sowa (Wu), Dhaivat Shah (Aimerce Inc). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 8/15/2024)
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Tuesday, August 13, 2024
33 33 oth_evt Clerk's Notice ~Util - Set Motion and Deadlines/Hearings ~Util - Teleconference Zoom Tue 08/13 12:03 PM
CLERK'S NOTICE CONVERTING 8/15/2024 IN-PERSON MOTION HEARINGS TO ZOOM, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. 19 MOTION to Dismiss, 20 MOTION to Dismiss Hearing set for 8/15/2024 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Wednesday, August 14, 2024, by no later than 10:00AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF)
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Friday, August 09, 2024
32 32 misc Case Management Statement Fri 08/09 8:56 AM
CASE MANAGEMENT STATEMENT filed by Zhi Sun.(Zou, Shanshan)
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Att: 1 Certificate/Proof of Service Certificate of Interested Party
Wednesday, August 07, 2024
31 31 notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Wed 08/07 11:24 AM
Certificate of Interested Entities by Yiqi Wu (Sowa, Justin)
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utility Electronic Filing Error Wed 08/07 9:06 AM
[LINK:Electronic filing error] . Incorrect PDF attached. [err201]This filing will not be processed by the clerks office.Please re-file in its entirety. Re:30 Notice of Appearance filed by Aimerce Inc (mbc, COURT STAFF)
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Tuesday, August 06, 2024
30 30 notice Notice of Appearance Tue 08/06 5:21 PM
NOTICE of Appearance by Dhaivat H Shah Appearance by Joe Palmieri(Shah, Dhaivat)
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Att: 1 Certificate/Proof of Service
29 29 notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Tue 08/06 4:42 PM
Certificate of Interested Entities by Aimerce Inc (Shah, Dhaivat)
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Wednesday, July 31, 2024
28 28 respm Reply to Opposition/Response Wed 07/31 3:16 PM
REPLY Related [+] filed byYiqi Wu. (Sowa, Justin)
Related: [-] 19 MOTION to Dismiss
27 27 respm Reply to Opposition/Response Wed 07/31 3:06 PM
REPLY Related [+] filed byAimerce Inc.(Shah, Dhaivat)
Related: [-] 20 MOTION to Dismiss
Att: 1 Certificate/Proof of Service
26 26 adr ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Wed 07/31 10:26 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Sowa, Justin)
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25 25 adr ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Wed 07/31 9:30 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shah, Dhaivat)
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Monday, July 29, 2024
24 24 adr ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Mon 07/29 3:12 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Stipulation (Zou, Shanshan)
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23 23 adr ADR Clerks Notice re: Non-Compliance after 5/1/2018 Mon 07/29 2:59 PM
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF)
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Wednesday, July 24, 2024
22 22 respm Opposition/Response to Motion Wed 07/24 8:51 PM
OPPOSITION/RESPONSE Related [+] of Yiqi Wu filed byZhi Sun.(Zou, Shanshan)
Related: [-] 19 MOTION to Dismiss
Att: 1 Declaration Declaration of Attorney,
Att: 2 Declaration Declaration of Plaintiff,
Att: 3 Objection to to Request for Judicial Notice
21 21 respm Opposition/Response to Motion Wed 07/24 8:44 PM
OPPOSITION/RESPONSE Related [+] of Aimerce Inc filed byZhi Sun.(Zou, Shanshan)
Related: [-] 20 MOTION to Dismiss
Att: 1 Declaration Declaration of Attorney,
Att: 2 Declaration Declaration of Plaintiff
Thursday, July 11, 2024
20 20 motion Dismiss Thu 07/11 3:06 PM
MOTION to Dismiss filed by Aimerce Inc. Motion to Dismiss Hearing set for 8/15/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 7/24/2024. Replies due by 7/31/2024. (Shah, Dhaivat)
Related: [-]
Wednesday, July 10, 2024
19 19 motion Dismiss Wed 07/10 2:27 PM
MOTION to Dismiss filed by Yiqi Wu. Motion to Dismiss Hearing set for 8/15/2024 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 7/24/2024. Replies due by 7/31/2024.(Sowa, Justin)
Related: [-]
Att: 1 Appendix Request for Judicial Notice,
Att: 2 Exhibit RJN Ex. A - Stock Purchase Agreement,
Att: 3 Exhibit RJN Ex. B - Vesting Agreement
18 18 motion Dismiss Wed 07/10 2:20 PM
MOTION to Dismiss filed by Aimerce Inc. Motion to Dismiss Hearing set for 8/15/2024 09:00 AM in San Francisco, Courtroom 04, 17th Floor. Responses due by 7/24/2024. Replies due by 7/31/2024. (Shah, Dhaivat)
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Wednesday, June 12, 2024
17 17 oth_evt Clerk's Notice ~Util - Teleconference Zoom Wed 06/12 10:47 AM
REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 8/9/2024. Initial Case Management Conference set for 8/16/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, August 9, 2024, by no later than 10:00AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF)
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16 16 1 pgs order Order Reassigning Case ~Util - Case Assigned/Reassigned Wed 06/12 10:38 AM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 6/12/2024.(ark, COURT STAFF)
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Att: 1 Notice of Eligibility for Video Recording
15 15 oth_evt Clerk's Notice of Impending Reassignment - Text Only Wed 06/12 10:21 AM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (bxl, COURT STAFF)
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Tuesday, June 11, 2024
14 14 misc Consent/Declination to Proceed Before a US Magistrate Judge Tue 06/11 4:50 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Yiqi Wu.. (Sowa, Justin)
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Tuesday, June 04, 2024
13 13 misc Stipulation without Proposed Order Tue 06/04 2:27 PM
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT filed by Yiqi Wu. (Sowa, Justin)
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Tuesday, May 28, 2024
12 12 oth_evt Clerk's Notice re: Consent or Declination Tue 05/28 2:54 PM
CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant Yiqi Wu shall file a consent or declination to proceed before a magistrate judge by 6/11/2024 . Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: [LINK:http://cand.uscourts.gov/civilforms] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF)
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11 11 notice Notice of Appearance Tue 05/28 11:08 AM
NOTICE of Appearance by Justin L. Sowa (Sowa, Justin)
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Wednesday, May 15, 2024
10 10 service Summons Issued Wed 05/15 4:27 PM
Summons Issued as to Aimerce Inc, Yiqi Wu. (gba, COURT STAFF)
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9 9 misc Proposed Summons Wed 05/15 4:17 PM
Proposed Summons. (Zou, Shanshan)
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8 8 service Summons Returned Unexecuted Wed 05/15 3:47 PM
Summons Returned Unexecuted by Zhi Sun as to Zhi Sun. Wrong summons issued (Zou, Shanshan)
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7 7 service Summons Issued Wed 05/15 2:10 PM
Summons Issued as to Aimerce Inc, Yiqi Wu. (gba, COURT STAFF)
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6 6 misc Proposed Summons Wed 05/15 1:47 PM
Proposed Summons. (Zou, Shanshan)
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Friday, May 10, 2024
5 5 misc Proposed Summons Fri 05/10 11:50 AM
Proposed Summons. (Zou, Shanshan)
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4 4 order Initial Case Management Scheduling Order with ADR Deadlines Fri 05/10 11:21 AM
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See [LINK:General Order 71] . Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 8/5/2024. Initial Case Management Conference set for 8/12/2024 01:30 PM in San Francisco, - Videoconference Only. (kmg, COURT STAFF)
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utility Electronic Filing Error Fri 05/10 10:41 AM
[LINK:Electronic filing error] . 1) Please submit Summons as a separate docket entry. 2) Submit one proposed summons listing all defendants names and address. Attach additional pages if needed. This filing will not be processed by the clerks office. Please re-file Summons in its entirety. Re:1 Complaint, filed by Zhi Sun. (kmg, COURT STAFF)
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Thursday, May 09, 2024
3 3 utility ~Util - Case Assigned by Intake Thu 05/09 9:00 AM
Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/23/2024. (kmg, COURT STAFF)
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Wednesday, May 08, 2024
2 2 misc Civil Cover Sheet Wed 05/08 2:23 PM
Civil Cover Sheet by Zhi Sun corrected . (Zou, Shanshan)
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1 1 37 pgs cmp Complaint Wed 05/08 12:46 PM
COMPLAINT Zhi Sun against Yiqi Wu et al against Zhi Sun ( Filing fee $ 405, receipt number BCANDC-19396002.). Filed by Zhi Sun.(Zou, Shanshan)
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Att: 1 Civil Cover Sheet Labor other,
Att: 2 Summons Wu,
Att: 3 Summons Aimerce
utility Electronic Filing Error Wed 05/08 1:49 PM
[LINK:Electronic filing error] . Please resubmit Civil Cover Sheet. Section V Origin and IX Divisional Assignment are missing a response. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re:1 Complaint, filed by Zhi Sun (mbc, COURT STAFF)
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