This case was last updated from PACER on 03/30/2021 at 09:37:19 (UTC).

XIAOMI CORPORATION v. U.S. DEPARTMENT OF DEFENSE et al

Case Summary

On January 29, 2021, Plaintiff, Xiaomi Corporation (“Xiaomi”), represented by John Edward Hall, Alexander Adelman Berengaut, Beth Susan Brinkmann, Megan Anne Crowley and S. Conrad Scott of Covington and Burling LLP, filed a civil action against the U.S. Department of Defense and the U.S. Department of the Treasury, represented by Joseph Evan Borson, attorney at the U.S. Department of Justice, seeking declaratory and injunctive relief for the Trump Administration’s alleged unlawful designation of Plaintiff Xiaomi, a consumer electronics company, as a Communist Chinese military company (“CCMC”), as a result of which, American investors shall be blocked from trading in publicly traded Xiaomi securities or derivatives of those securities. This case was filed in U.S. District Court in the District of Columbia with Judge Rudolph Contreras presiding.

 

As alleged by the Plaintiff, the designation of Xiaomi as CCMC is unlawful and the Departments of Defense and Treasury have acted arbitrarily and capriciously in their decision making in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706. Plaintiff further alleges that Xiaomi has been deprived of due process of law, in violation of the Fifth Amendment.

 

Plaintiff states that “Xiaomi is a widely held, publicly traded, independently managed corporation that offers consumer electronic products solely for civilian and commercial use. It is not owned or controlled by, or otherwise affiliated with the Chinese government or military, or owned or controlled by any entity affiliated with the Chinese defense industrial base. Nor does the Chinese government or military, or any entity affiliated with the defense industrial base, possess the ability to exert control over the management or affairs of the company.”

 

Plaintiff further claims that “the restrictions, once they go into effect on March 15, 2021, will cause immediate and irreparable harm to Xiaomi, including by cutting off Xiaomi’s access to U.S. capital markets, interfering with the company’s business relationships and ability to conduct and expand its business, and harming its reputation and goodwill among business partners and consumers, both in the United States and around the world.”

 

The Plaintiff lists out two claims for relief in the complaint. The first claim for relief laid out by Plaintiff is that the Designation of Xiaomi as a CCMC violates the Administrative Procedure Act, 5 U.S.C. § 706(2). In furtherance of this claim Plaintiff states that Xiaomi’s designation by the defendants as CCMC constitutes final agency action which is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law” and therefore it shall be set aside by the court in accordance with 5 U.S.C.§ 706(2)(A). 

 

The second claim for relief laid down by the Plaintiff articulates that the Designation of Xiaomi as a CCMC violates the Due Process Clause of the Fifth Amendment as Xiaomi received no notice of the Designation or explanation for such designation, nor were they offered any opportunity to respond or be heard on the designation following restrictions. 

 

In its prayer for relief the Plaintiff requested the court to declare that the designation of Xiaomi as a CCMC is unlawful and unconstitutional pursuant to 28 U.S.C. § 2201(a). The Plaintiff further requested the court to issue an order vacating and setting aside the designation of Xiaomi as a CCMC, preliminarily and permanently enjoining Defendants from implementing or enforcing that designation, and preserving the status quo.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00280

  • Filing Date:

    01/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Rudolph Contreras

 

Party Details

Plaintiffs

Xiaomi Corporation

STEPHEN SEAN ENGLISH

BIN LIN

PENG LIN

Defendants

U.S. DEPARTMENT OF DEFENSE

1400 Defense

Washington, DC 20301

LLOYD J. AUSTIN, III

Washington, DC 20301

U.S. DEPARTMENT OF THE TREASURY

1500 Pennsylvania Avenue, N.W.

Washington, DC 20220

JANET L. YELLEN

Washington, DC 20220

JOSEPH R. BIDEN, JR.

Attorney/Law Firm Details

Plaintiff Attorneys

John Edward Hall

Attorney at COVINGTON & BURLING LLP

One Citycenter, 850 Tenth Street Nw

Washington, DC 20001

Beth Susan Brinkmann

Attorney at COVINGTON & BURLING, LLP

One Citycenter, 850 10Th St Nw

Washington, DC 20001

Alexander Adelman Berengaut

Attorney at COVINGTON & BURLING LLP

850 Tenth Street, Nw, One City Center

Washington, DC 20001

Megan Anne Crowley

Attorney at COVINGTON & BURLING LLP

One Citycenter, 850 Tenth Street, Nw

Washington, DC 20001

S. Conrad Scott

Attorney at COVINGTON & BURLING LLP

620 Eighth Ave.

New York City, NY 10018-1405

Defendant Attorney

Joseph Evan Borson

Attorney at U.S. DEPARTMENT OF JUSTICE

1100 L Street Nw

Washington, DC 20005

 

Court Documents

31 #1

Exhibit Certification & Index

#31

(#31) NOTICE of Administrative Record Certification and Index by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN re Order, (Attachments: #1 Exhibit Certification & Index)(Borson, Joseph) (Entered: 03/23/2021)

30 #1

Certificate of Service Certified Mail Receipt (Joseph R. Biden, Jr., official c

#30

(#30) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN, JR served on 2/23/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Joseph R. Biden, Jr., official capacity))(Scott, S. Conrad) (Entered: 03/19/2021)

29 #7

Certificate of Service Certified Mail Delivery Confirmation (Janet L. Yellen, o

29 #5

Certificate of Service Certified Mail Delivery Confirmation (Department of the

29 #2

Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity

29 #1

Certificate of Service Certified Mail Receipt (Department of Defense)

#29

(#29) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 2/22/2021; U.S. DEPARTMENT OF DEFENSE served on 2/19/2021; U.S. DEPARTMENT OF THE TREASURY served on 2/22/2021; JANET L. YELLEN served on 2/19/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Department of Defense), #2 Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity), #3 Certificate of Service Certified Mail Receipt (Lloyd J. Austin, III, official capacity), #4 Affidavit of Service by Certified Mail (Department of the Treasury), #5 Certificate of Service Certified Mail Delivery Confirmation (Department of the Treasury), #6 Affidavit of Service by Certified Mail (Janet L. Yellen, official capacity), #7 Certificate of Service Certified Mail Delivery Confirmation (Janet L. Yellen, official capacity))(Scott, S. Conrad) (Entered: 03/19/2021)

1 #8

Summons

1 #7

Summons

1 #6

Summons

1 #5

Civil Cover Sheet

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

NOTICE OF ERROR re #1 Complaint; emailed to jhall@cov.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 02/01/2021)

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Docket Entries

  • 03/23/2021
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  • Docket(#31) NOTICE of Administrative Record Certification and Index by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN, JR, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN re Order, (Attachments: #1 Exhibit Certification & Index)(Borson, Joseph) (Entered: 03/23/2021)

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  • 03/19/2021
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  • Docket(#30) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN, JR served on 2/23/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Joseph R. Biden, Jr., official capacity))(Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#29) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 2/22/2021; U.S. DEPARTMENT OF DEFENSE served on 2/19/2021; U.S. DEPARTMENT OF THE TREASURY served on 2/22/2021; JANET L. YELLEN served on 2/19/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Department of Defense), #2 Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity), #3 Certificate of Service Certified Mail Receipt (Lloyd J. Austin, III, official capacity), #4 Affidavit of Service by Certified Mail (Department of the Treasury), #5 Certificate of Service Certified Mail Delivery Confirmation (Department of the Treasury), #6 Affidavit of Service by Certified Mail (Janet L. Yellen, official capacity), #7 Certificate of Service Certified Mail Delivery Confirmation (Janet L. Yellen, official capacity))(Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#28) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/9/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/10/2021. (Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#27) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/19/2021. (Attachments: #1 Certificate of Service Certified Mail Receipt)(Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#26) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD J. AUSTIN, III served on 2/22/2021; U.S. DEPARTMENT OF DEFENSE served on 2/9/2021; U.S. DEPARTMENT OF THE TREASURY served on 2/17/2021; JANET L. YELLEN served on 2/17/2021 (Attachments: #1 Certificate of Service Certified Mail Receipt (Department of Defense), #2 Affidavit of Service by Certified Mail (Lloyd J. Austin, III, official capacity), #3 Certificate of Service Certified Mail Receipt (Lloyd J. Austin, III, official capacity), #4 Affidavit of Service by Certified Mail (Department of the Treasury), #5 Certificate of Service Delivery Confirmation (Department of the Treasury), #6 Affidavit of Service by Certified Mail (Janet L. Yellen, official capacity), #7 Certificate of Service Delivery Confirmation (Janet L. Yellen, official capacity))(Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#25) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/3/2021. (Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#24) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/17/2021. (Attachments: #1 Certificate of Service Certified Mail Receipt)(Scott, S. Conrad) (Entered: 03/19/2021)

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  • 03/18/2021
  • DocketSet/Reset Deadlines: Administrative Record due by 3/23/2021. Status Report due by 4/6/2021. (tj) (Entered: 03/18/2021)

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  • 03/16/2021
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  • DocketMINUTE ORDER: Upon consideration of #22 the parties' Joint Status Report, it is hereby ORDERED that Defendants shall produce the certified unclassified administrative record to Plaintiffs on or before March 23, 2021. It is FURTHER ORDERED that the parties shall submit another joint status report on or before April 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/16/2021. (lcrc2) (Entered: 03/16/2021)

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19 More Docket Entries
  • 02/02/2021
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  • Docket(#8) SUMMONS (6) Issued Electronically as to LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) (Entered: 02/02/2021)

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  • 02/02/2021
  • DocketCase Assigned to Judge Rudolph Contreras. (zsb) (Entered: 02/02/2021)

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  • 02/01/2021
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  • Docket(#7) CIVIL COVER SHEET by XIAOMI CORPORATION filed by XIAOMI CORPORATION.(Hall, John) (Entered: 02/01/2021)

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  • 02/01/2021
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  • DocketNOTICE OF ERROR re #1 Complaint; emailed to jhall@cov.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 02/01/2021)

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  • 01/29/2021
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  • Docket(#6) NOTICE of Appearance by Megan Anne Crowley on behalf of Xiaomi Corporation (Crowley, Megan) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#5) NOTICE of Appearance by Alexander Adelman Berengaut on behalf of Xiaomi Corporation (Berengaut, Alexander) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#4) NOTICE of Appearance by Beth Susan Brinkmann on behalf of Xiaomi Corporation (Brinkmann, Beth) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#3) NOTICE of Appearance by John Edward Hall on behalf of Xiaomi Corporation (Hall, John) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Xiaomi Corporation (Hall, John) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#1) COMPLAINT Xiaomi Corporation against LLOYD J. AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE TREASURY, JANET L. YELLEN ( Filing fee $ 402 receipt number ADCDC-8142060) filed by Xiaomi Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Hall, John) (Entered: 01/29/2021)

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