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Neoteric Solution Inc. v. Dongguan Hosowell Technology Co., Ltd., C-15-5145 EDL. (2016)

Court: District Court, N.D. California Number: infdco20160728969 Visitors: 9
Filed: Jul. 27, 2016
Latest Update: Jul. 27, 2016
Summary: PLAINTIFF'S THIRD UPDATED CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER ELIZABETH D. LAPORTE , Magistrate Judge . Pursuant to Civil Local Rule 16-9 and the Standing Order for All Judges of the Northern District of California, Plaintiff Neoteric Solution Inc., DBA WowParts (hereinafter "Plaintiff") submits its THIRD UPDATED Case Management Statement in anticipation of the initial Case Management Conference on August 2, 2016. 1. Process of Service: Both Defendants have not been served. T
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PLAINTIFF'S THIRD UPDATED CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

Pursuant to Civil Local Rule 16-9 and the Standing Order for All Judges of the Northern District of California, Plaintiff Neoteric Solution Inc., DBA WowParts (hereinafter "Plaintiff") submits its THIRD UPDATED Case Management Statement in anticipation of the initial Case Management Conference on August 2, 2016.

1. Process of Service:

Both Defendants have not been served. They are located in P.R. China.

On January 25, 2016, Plaintiff's counsel requested the China Ministry of Justice to serve both Defendants through the Hague Convention process. From that time through yesterday, Plaintiff's counsel has sent numerious emails to the point of contact in the Ministry. Each time, the point of contact advised that counsel should wait for notices in the mail. The Hague Convention process involves with the People's Court. Once the People's Court affects the service of process on the Defendants, the People's Court will transfer the file back to the Ministry and the Minstry will send out notices to counsel. It is expected that the service may be achieved in the next 1-2 months.

17. Scheduling

Plaintiff will propose a schedule after Defendants have been served and appeared.

Based on the foregoing, Plaintiff respectfully requests the Court to continue the CMC for two months. In the interim, Plaintiff agrees to promptly file any return proof of service upon receipt of such documents from the China authority.

CASE MANAGEMENT ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the August 2, 2016 Case Management Conference is continued to __________________________, 2016, at ___:00 __.m.,September 27, 2016, 2016, at 10:00 a.m., in Courtroom E. Plaintiff shall file an updated Case Management Statement no later than one week prior to the next scheduled Case Management Conference. Plaintiff's request to appear by phone at the conference set for August 2 is denied as moot.

IT IS SO ORDERED.

Source:  Leagle

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