Neoteric Solution Inc v. Dongguan Hosowell Technology Co., Ltd. et al

Filing 23

ORDER continuing the case management conference and denying Plaintiff's request to appear by phone 22 signed by Magistrate Judge Elizabeth D. Laporte. Case Management Conference is continued to 9/27/2016 at 10:00 AM in Courtroom E, 15th Floor, San Francisco. (shyS, COURT STAFF) (Filed on 7/27/2016)

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1 4 Danning Jiang, Esq. (CA BAR No. 196985) LAW OFFICES OF DANNING JIANG 271 North First Street San Jose, California 95113 Tel.: (408) 299-0800 Fax: (408) 299-0300 E-mail: djiang@jianglawgroup.com 5 Attorneys for Plaintiff Neoteric Solution Inc. d/b/a Wowparts 2 3 6 7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 11 NEOTERIC SOLUTION INC. D/B/A WOWPARTS, Plaintiff, 12 15 16 PLAINTIFF’S THIRD UPDATED CASE MANAGEMENT STATEMENT AND ___________ORDER [PROPOSED] v. 13 14 Case No.: C-15-5145 EDL DONGGUAN HOSOWELL TECHNOLOGY CO., LTD., HOSOWELL (HK) TECHNOLOGY CO., LTD., and DOES 1 to 100, inclusive, Defendants. 17 Date: Time: Judge: Place: August 2, 2016 10:00 a.m. Hon. Elizabeth D. Laporte Courtroom E, 15th Floor 450 Golden Gate Ave. San Francisco, CA 94102 18 19 20 Pursuant to Civil Local Rule 16-9 and the Standing Order for All Judges of the Northern 21 District of California, Plaintiff Neoteric Solution Inc., DBA WowParts (hereinafter “Plaintiff”) 22 submits its THIRD UPDATED Case Management Statement in anticipation of the initial Case 23 Management Conference on August 2, 2016. 24 1. 25 Both Defendants have not been served. They are located in P.R. China. 26 On January 25, 2016, Plaintiff’s counsel requested the China Ministry of Justice to serve Process of Service: 27 both Defendants through the Hague Convention process. From that time through yesterday, 28 Plaintiff’s counsel has sent numerious emails to the point of contact in the Ministry. Each time, 1 PLAINTIFF’S 3rd UPDATED CASE MANAGEMENT STATEMENT 1 the point of contact advised that counsel should wait for notices in the mail. The Hague 2 Convention process involves with the People’s Court. Once the People’s Court affects the service 3 of process on the Defendants, the People’s Court will transfer the file back to the Ministry and the 4 Minstry will send out notices to counsel. It is expected that the service may be achieved in the 5 next 1-2 months. 6 17. 7 Plaintiff will propose a schedule after Defendants have been served and appeared. Scheduling 8 9 Based on the foregoing, Plaintiff respectfully requests the Court to continue the CMC for 10 two months. In the interim, Plaintiff agrees to promptly file any return proof of service upon 11 receipt of such documents from the China authority. 12 13 14 DATED: July 26, 2016 LAW OFFICES OF DANNING JIANG 15 By: 16 17 /s/ Danning Jiang_________ Danning Jiang, Esq. Attorneys for Plaintiff Neoteric Solution Inc. d/b/a Wowparts 18 19 20 21 22 23 24 25 26 27 28 2 PLAINTIFF’S 3rd UPDATED CASE MANAGEMENT STATEMENT 1 CASE MANAGEMENT ORDER 2 3 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the August 2, 2016 Case 4 September 27, 2016 10 a Management Conference is continued to __________________________, 2016, at ___:00 __.m., 5 in Courtroom E. Plaintiff shall file an updated Case Management Statement no later than one 6 week prior to the next scheduled Case Management Conference. Plaintiff's request to appear 7 by phone at the conference set for August 2 is denied as moot. 8 9 IT IS SO ORDERED. 10 11 Dated: July 27, 2016 UNITED STATES ________ JUDGE DISTRICT Magistrate 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFF’S 3rd UPDATED CASE MANAGEMENT STATEMENT

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