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Case number 3:21-cv-09545

Shenzhen Big Mouth Technologies Co., Ltd. et al v. Factory Direct Wholesale, LLC > Documents

Date Field Doc. No.Description (Pages)
Jul 26, 2022 50 Order on Stipulation (4)
Docket Text:Order by Chief Judge Richard Seeborg granting [49] Stipulation for Dismissal of Entire Action with Prejudice. (bxs, COURT STAFF) (Filed on 7/26/2022)
Jul 26, 2022 49 Stipulation (5)
Docket Text: STIPULATION WITH PROPOSED ORDER FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE, filed by Factory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 7/26/2022)
Jun 2, 2022 48 Stipulation and Order (4)
Docket Text:STIPULATION AND ORDER RE [47] TO CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE.

Initial Case Management Conference previously set for 7/28/2022 is continued to 9/15/2022 at 10:00 AM in San Francisco, - Videoconference Only.

Signed by Chief Judge Richard Seeborg on 6/2/2022.

(cl, COURT STAFF) (Filed on 6/2/2022)
Jun 2, 2022 47 Stipulation (4)
Docket Text: STIPULATION WITH PROPOSED ORDER TO CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE ETC., filed by Factory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 6/2/2022)
Jun 2, 2022 N/A Set Motion and Deadlines/Hearings (0)
Docket Text: Set/Reset as to [40] MOTION for Judgment on the Pleadings . Motion Hearing previously set for 6/16/2022 is continued to 8/4/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 6/2/2022)
May 19, 2022 46 Reply to Opposition/Response (15)
Docket Text: REPLY (re [40] MOTION for Judgment on the Pleadings ) filed byDecai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Samet, Matthew) (Filed on 5/19/2022)
May 12, 2022 45 Opposition/Response to Motion (17)
Docket Text: OPPOSITION/RESPONSE (re [40] MOTION for Judgment on the Pleadings ) filed byFactory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 5/12/2022)
May 10, 2022 44 Stipulation and Order (5)
Docket Text:STIPULATION AND ORDER RE [43] to Continue Case Management Conference. Initial Case Management Conference previously set for May 26, 2022 is continued to July 28, 2022 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by July 21, 2022.
Signed by Chief Judge Richard Seeborg on 5/10/2022. (cl, COURT STAFF) (Filed on 5/10/2022)
May 10, 2022 43 Stipulation (5)
Docket Text: STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Samet, Matthew) (Filed on 5/10/2022)
May 5, 2022 42 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options (1)
Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Smith, Morgan) (Filed on 5/5/2022)
May 5, 2022 41 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options (1)
Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant (Rapoport, Gregg) (Filed on 5/5/2022)
Apr 28, 2022 40 Proposed Order (2)
Apr 28, 2022 40 Main Document (13)
Docket Text: MOTION for Judgment on the Pleadings filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. Motion Hearing set for 6/16/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 5/12/2022. Replies due by 5/19/2022. (Attachments: # (1) Proposed Order)(Smith, Morgan) (Filed on 4/28/2022)
Apr 13, 2022 39 Amended Answer to Complaint (14)
Docket Text: AMENDED ANSWER to COMPLAINT pursuant to Order byFactory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 4/13/2022)
Apr 5, 2022 38 Order on Motion to Strike (11)
Docket Text:ORDER GRANTING MOTION TO DISMISS PLAINTIFF SHENZHEN BIG MOUTH TECHNOLOGIES FROM COUNT TWO AND GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE AFFIRMATIVE DEFENSES. Signed by Chief Judge Richard Seeborg on 4/5/2022. (rslc3, COURT STAFF) (Filed on 4/5/2022)
Apr 4, 2022 N/A Clerk's Notice (0)
Docket Text: CLERK'S NOTICE: MOTION TO DISMISS AND MOTION TO STRIKE [#14, #30 ] SCHEDULED FOR HEARING ON APRIL 7, 2022 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/4/2022)
Mar 29, 2022 36 Certificate of Interested Entities (2)
Docket Text: Certificate of Interested Entities by Shenzhen Big Mouth Technologies Co., Ltd. identifying Corporate Parent Ningbo Big Mouth Robotics Technology Co., Ltd. for Shenzhen Big Mouth Technologies Co., Ltd., Shenzhen Big Mouth Technologies Co., Ltd.. (Smith, Morgan) (Filed on 3/29/2022)
Mar 29, 2022 35 Stipulation and Order (4)
Docket Text:STIPULATION AND ORDER RE [34] to Continue Case Management Conference. Case Management Statement due by 5/19/2022. Initial Case Management Conference previously set for 4/21/2022 is continued to 5/26/2022 at 10:00 AM in San Francisco, - Videoconference Only. Signed by Chief Judge Richard Seeborg on 3/29/2022. (cl, COURT STAFF) (Filed on 3/29/2022)
Mar 29, 2022 34 Stipulation (4)
Docket Text: STIPULATION WITH PROPOSED ORDER re [26] Clerk's Notice, (to Continue Case Management Conference), filed by Factory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 3/29/2022)
Mar 16, 2022 33 Reply to Opposition/Response (13)
Docket Text: REPLY (re [30] MOTION to Strike [15] Answer to Complaint, Counterclaim Plaintiffs' Motion to Strike Defendant's Affirmative Defenses ) filed byDecai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Samet, Matthew) (Filed on 3/16/2022)
Mar 8, 2022 32 Opposition/Response to Motion (13)
Docket Text: OPPOSITION/RESPONSE (re [30] MOTION to Strike [15] Answer to Complaint, Counterclaim Plaintiffs' Motion to Strike Defendant's Affirmative Defenses ) filed byFactory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 3/8/2022)
Mar 2, 2022 N/A Clerk's Notice Continuing Motion Hearing (0)
Docket Text: CLERK'S NOTICE Continuing Motion Hearing as to [14] MOTION to Dismiss Count II as to Plaintiff Shenzen Big Mouth Technologies Co., Ltd. Motion Hearing previously set for 3/17/2022 is continued to 4/7/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.), S (Related documents(s) [14])(cl, COURT STAFF) (Filed on 3/2/2022)
Feb 23, 2022 30 Proposed Order (2)
Feb 23, 2022 30 Main Document (22)
Docket Text: MOTION to Strike [15] Answer to Complaint, Counterclaim Plaintiffs' Motion to Strike Defendant's Affirmative Defenses filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. Motion Hearing set for 4/7/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 3/9/2022. Replies due by 3/16/2022. (Attachments: # (1) Proposed Order)(Smith, Morgan) (Filed on 2/23/2022)
Feb 23, 2022 29 Answer to to CounterClaim (20)
Docket Text: ANSWER TO COUNTERCLAIM [15] Answer to Complaint, Counterclaim byDecai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Smith, Morgan) (Filed on 2/23/2022)
Feb 23, 2022 28 Reply to Opposition/Response (7)
Docket Text: REPLY (re [14] MOTION to Dismiss Count II as to Plaintiff Shenzen Big Mouth Technologies Co., Ltd., ) filed byFactory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 2/23/2022)
Feb 16, 2022 27 Declaration of Decai Fu (2)
Feb 16, 2022 27 Main Document (20)
Docket Text: OPPOSITION/RESPONSE (re [14] MOTION to Dismiss Count II as to Plaintiff Shenzen Big Mouth Technologies Co., Ltd., ) filed byDecai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Attachments: # (1) Declaration of Decai Fu)(Smith, Morgan) (Filed on 2/16/2022)
Feb 16, 2022 N/A Clerk's Notice (0)
Docket Text: CLERK'S NOTICE. The Initial Case Management Conference previously set for 3/17/22 is continued to 4/21/2022 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 4/14/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 2/16/2022)
Feb 15, 2022 25 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Morgan Elizabeth Smith (Smith, Morgan) (Filed on 2/15/2022)
Feb 9, 2022 24 Order on Motion for Pro Hac Vice (2)
Docket Text:ORDER by Judge Richard Seeborg Granting [23] Motion for Pro Hac Vice as to Richard D. Rivera. (cl, COURT STAFF) (Filed on 2/9/2022)
Feb 9, 2022 23 Certificate of Good Standing issued by The Florida Bar (1)
Feb 9, 2022 23 Main Document (2)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16887345.) filed by Factory Direct Wholesale, LLC. (Attachments: # (1) Certificate of Good Standing issued by The Florida Bar)(Rivera, Richard) (Filed on 2/9/2022)
Feb 3, 2022 19 Main Document (2)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16870600.) filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Attachments: # (1) Certificate of Good Standing)(Wu, Yinfei) (Filed on 2/3/2022)
Feb 3, 2022 17 Main Document (2)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16870496.) filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Attachments: # (1) Certificate of Good Standing)(Heavner, Bruce) (Filed on 2/3/2022)
Feb 3, 2022 17 Certificate of Good Standing (1)
Feb 3, 2022 18 Order on Motion for Pro Hac Vice (2)
Docket Text:ORDER by Judge Richard Seeborg Granting [17] Motion for Pro Hac Vice as to B. Brett Heavner. (cl, COURT STAFF) (Filed on 2/3/2022)
Feb 3, 2022 19 Certificate of Good Standing (1)
Feb 3, 2022 20 Order on Motion for Pro Hac Vice (2)
Docket Text:ORDER by Judge Richard Seeborg Granting [19] Motion for Pro Hac Vice as to Yinfei Wu. (cl, COURT STAFF) (Filed on 2/3/2022)
Feb 3, 2022 21 Main Document (2)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16870699.) filed by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd.. (Attachments: # (1) Certificate of Good Standing)(Uffelman, Jonathan) (Filed on 2/3/2022)
Feb 3, 2022 21 Certificate of Good Standing (1)
Feb 3, 2022 22 Order on Motion for Pro Hac Vice (2)
Docket Text:ORDER by Judge Richard Seeborg Granting [21] Motion for Pro Hac Vice as to Jonathan D. Uffelman. (cl, COURT STAFF) (Filed on 2/3/2022)
Feb 2, 2022 16 Certificate of Interested Entities (3)
Docket Text: Certificate of Interested Entities by Factory Direct Wholesale, LLC identifying Other Affiliate Defu USA, LLC, Other Affiliate Eastern Enterprises LLC, Other Affiliate Hanping Liu for Factory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 2/2/2022)
Feb 2, 2022 15 Answer to Complaint (30)
Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs byFactory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 2/2/2022)
Feb 2, 2022 14 Proposed Order (2)
Feb 2, 2022 14 Declaration of Elizabeth G. Borland (14)
Feb 2, 2022 14 Main Document (14)
Docket Text: MOTION to Dismiss Count II as to Plaintiff Shenzen Big Mouth Technologies Co., Ltd., filed by Factory Direct Wholesale, LLC. Motion Hearing set for 3/17/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 2/16/2022. Replies due by 2/23/2022. (Attachments: # (1) Declaration of Elizabeth G. Borland, # (2) Proposed Order)(Rapoport, Gregg) (Filed on 2/2/2022)
Feb 1, 2022 13 Order on Motion for Pro Hac Vice (2)
Docket Text:ORDER by Judge Richard Seeborg Granting [12] Motion for Pro Hac Vice as to Elizabeth G. Borland. (cl, COURT STAFF) (Filed on 2/1/2022)
Feb 1, 2022 12 Motion for Pro Hac Vice (3)
Docket Text: MOTION for leave to appear in Pro Hac Vice for Elizabeth G. Borland ( Filing fee $ 317, receipt number ACANDC-16860648.) filed by Factory Direct Wholesale, LLC. (Borland, Elizabeth) (Filed on 2/1/2022)
Jan 14, 2022 11 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Shenzhen Big Mouth Technologies Co., Ltd., Decai Fu. Factory Direct Wholesale, LLC served on 12/29/2021, answer due 1/19/2022. (Samet, Matthew) (Filed on 1/14/2022)
Jan 14, 2022 10 Stipulation (3)
Docket Text: STIPULATION TO EXTEND THE TIME PERIOD FOR DEFENDANT TO RESPOND TO COMPLAINT, filed by Factory Direct Wholesale, LLC. (Rapoport, Gregg) (Filed on 1/14/2022)
Jan 10, 2022 N/A Clerk's Notice (0)
Docket Text: CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for March 17, 2022 AT 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by March 10, 2022. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/10/2022)
Jan 10, 2022 8 Order Reassigning Case (1)
Docket Text:ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Judge Lucy H. Koh no longer assigned to case,. Signed by Judge Richard Seeborg on 1/10/22. (as, COURT STAFF) (Filed on 1/10/2022)
Jan 5, 2022 7 Consent/Declination to Proceed Before a US Magistrate Judge (1)
Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Decai Fu, Shenzhen Big Mouth Technologies Co., Ltd... (Samet, Matthew) (Filed on 1/5/2022)
Dec 17, 2021 N/A Clerks Notice ADI (0)
Docket Text: You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court.

ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge

. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021)

Dec 10, 2021 5 Initial Case Management Scheduling Order with ADR Deadlines (2)
Docket Text:Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/2/2022. Initial Case Management Conference set for 3/9/2022 02:00 PM in San Jose, Courtroom 8, 4th Floor. (ark, COURT STAFF) (Filed on 12/10/2021)
Dec 10, 2021 4 Summons Issued (2)
Docket Text: Summons Issued as to Factory Direct Wholesale, LLC. (ark, COURT STAFF) (Filed on 12/10/2021)
Dec 10, 2021 N/A Case Assigned by Intake (0)
Docket Text: Case assigned to Judge Lucy H. Koh.

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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 12/10/2021)

Dec 9, 2021 2 Proposed Summons (2)
Docket Text: Proposed Summons. (Samet, Matthew) (Filed on 12/9/2021)
Dec 9, 2021 1 Civil Cover Sheet (2)
Dec 9, 2021 1 Exhibit L (9)
Dec 9, 2021 1 Exhibit K (56)
Dec 9, 2021 1 Exhibit J (7)
Dec 9, 2021 1 Exhibit I (8)
Dec 9, 2021 1 Exhibit H - Part 3 (26)
Dec 9, 2021 1 Exhibit H - Part 2 (233)
Dec 9, 2021 1 Exhibit H - Part 1 (77)
Dec 9, 2021 1 Exhibit G (20)
Dec 9, 2021 1 Exhibit F - Part 3 (17)
Dec 9, 2021 1 Exhibit F - Part 2 (135)
Dec 9, 2021 1 Exhibit F- Part 1 (170)
Dec 9, 2021 1 Exhibit E (16)
Dec 9, 2021 1 Exhibit D (7)
Dec 9, 2021 1 Exhibit C (3)
Dec 9, 2021 1 Exhibit B (2)
Dec 9, 2021 1 Exhibit A (12)
Dec 9, 2021 1 Main Document (22)
Docket Text: COMPLAINT against Factory Direct Wholesale, LLC ( Filing fee $ 402, receipt number ACANDC-16706735.). Filed byShenzhen Big Mouth Technologies Co., Ltd., Defu (Toney) Cai. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F- Part 1, # (7) Exhibit F - Part 2, # (8) Exhibit F - Part 3, # (9) Exhibit G, # (10) Exhibit H - Part 1, # (11) Exhibit H - Part 2, # (12) Exhibit H - Part 3, # (13) Exhibit I, # (14) Exhibit J, # (15) Exhibit K, # (16) Exhibit L, # (17) Civil Cover Sheet)(Samet, Matthew) (Filed on 12/9/2021)
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