Sun v. Wu et al
| California Northern District Court | |
| Judge: | Vince Chhabria |
| Case #: | 3:24-cv-02747 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 05:704 Labor Litigation |
| Case Filed: | May 08, 2024 |
| Last checked: Monday Nov 04, 2024 12:43 AM PST |
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Defendant
Aimerce Inc
1000 Fulton St,
San Francisco, CA 94117 |
Represented By
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Defendant
Yiqi Wu
1000 Fulton St,
San Francisco, CA 94117 |
Represented By
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Plaintiff
Zhi Sun
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Represented By
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| Docket last updated: 11/12/2024 11:59 PM PST |
| 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 filed byYiqi Wu. (Sowa, Justin) |
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| Tuesday, October 08, 2024 | ||
| 44 | 44
respm
Reply to Opposition/Response
Tue 10/08 3:58 PM
REPLY filed byAimerce Inc. (Shah, Dhaivat) |
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| 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 FIRST AMENDED COMPLAINT filed byZhi Sun. (Zou, Shanshan) |
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| 40 | 40
respm
Opposition/Response to Motion
Thu 10/03 3:57 PM
OPPOSITION/RESPONSE filed byZhi Sun. (Zou, Shanshan) |
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| 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,
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Att: 2
Exhibit RJN Ex. A - Stock Purchase Agreement,
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Att: 3
Exhibit RJN Ex. B - Vesting Agreement
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| 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) |
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Att: 1
Appendix Request for Judicial Notice,
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Att: 2
Exhibit RJN Ex. A - Stock Purchase Agreement,
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Att: 3
Exhibit RJN Ex. B - Founder Vesting Agreement
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| 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
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| 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
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| 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 filed byYiqi Wu. (Sowa, Justin) |
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| 27 | 27
respm
Reply to Opposition/Response
Wed 07/31 3:06 PM
REPLY filed byAimerce Inc.(Shah, Dhaivat) |
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Att: 1
Certificate/Proof of Service
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| 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 of Yiqi Wu filed byZhi Sun.(Zou, Shanshan) |
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Att: 1
Declaration Declaration of Attorney,
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Att: 2
Declaration Declaration of Plaintiff,
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Att: 3
Objection to to Request for Judicial Notice
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| 21 | 21
respm
Opposition/Response to Motion
Wed 07/24 8:44 PM
OPPOSITION/RESPONSE of Aimerce Inc filed byZhi Sun.(Zou, Shanshan) |
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Att: 1
Declaration Declaration of Attorney,
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Att: 2
Declaration Declaration of Plaintiff
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| 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) |
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| 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) |
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Att: 1
Appendix Request for Judicial Notice,
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Att: 2
Exhibit RJN Ex. A - Stock Purchase Agreement,
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Att: 3
Exhibit RJN Ex. B - Vesting Agreement
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| 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
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| 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,
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Att: 2
Summons Wu,
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Att: 3
Summons Aimerce
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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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