Phunware Inc. et al v. Excelmind Group Limited et al

Justia Dockets & Filings Third Circuit Delaware District Court Phunware Inc. et al v. Excelmind Group Limited et al

Phunware Inc. et al v. Excelmind Group Limited et al

Plaintiff:	Phunware Inc, Phunware Inc. and Rain Acquisition LLC
Defendant:	Excelmind Group Limited, Excelmind Capital Limited and Seawood Resources Inc.
Case Number:	1:2015cv00216
Filed:	March 6, 2015
Court:	US District Court for the District of Delaware
Office:	Wilmington Office
County:	XX Outside US
Presiding Judge:	Sue L Robinson
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on July 31, 2015. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 31, 2015	Filing 45 ORDER granting #10 Motion to Dismiss; denying #12 Motion to Stay; granting #23 Motion to Dismiss. (CASE CLOSED) Signed by Judge Sue L. Robinson on 7/30/2015. (nmfn)
July 31, 2015	Filing 44 MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 7/30/2015. (nmfn)
June 9, 2015	CORRECTING ENTRY: Per request of filer, the redacted version of the complaint (D.I. #6 ) has been removed and replaced. (fms)
May 20, 2015	Filing 43 REDACTED VERSION of #39 Reply Brief, Defendants Excelmind Group Limited's and Excelmind Capital Limited's Reply Brief in Support of their Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d) by Excelmind Capital Limited, Excelmind Group Limited. (Athey, J.)
May 20, 2015	Filing 42 REDACTED VERSION of #38 Reply Brief, Defendants Excelmind Group Limited and Excelmind Capital Limited's Reply Brief in Support of their Motions to Dismiss by Excelmind Capital Limited, Excelmind Group Limited. (Athey, J.)
May 20, 2015	Filing 41 REDACTED VERSION of #36 Affidavit, of Grace Vera Cruz in Support of Reply to Seawood Resources, Inc.'s Motion to Dismiss by Seawood Resources Inc.. (Dugan, Mary)
May 20, 2015	Filing 40 REDACTED VERSION of #35 Reply Brief by Seawood Resources Inc.. (Dugan, Mary)
May 15, 2015	CORRECTING ENTRY: Per request of filer, D.I. 39 (Reply Brief) has been removed and replaced. (fms)
May 15, 2015	SO ORDERED, re #37 MOTION to Seal Document: ECL Defendants' Motion for Permission to File Under Seal filed by Excelmind Group Limited, Excelmind Capital Limited, #34 MOTION to Seal (1) Reply Brief of Seawood Resources, Inc. in Further Support of Its Motion to Dismiss and (2) Declaration of Grace Vera Cruz in Support of Reply to Seawood Resources, Inc.'s Motion to Dismiss filed by Seawood Resources Inc. Signed by Judge Sue L. Robinson on 5/15/2015. (fms)
May 13, 2015	Filing 39 [SEALED] REPLY BRIEF re #12 MOTION to Stay Defendants Excelmind Group Limited's and Excelmind Capital Limited's Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d) filed by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Exhibit A)(Athey, J.) (Main Document 39 replaced on 5/15/2015) (fms).
May 13, 2015	Filing 38 [SEALED] REPLY BRIEF re #10 MOTION to Dismiss Defendants Excelmind Group Limited's and Excelmind Capital Limited's Reply Brief in Support of thier Motions to Dismiss filed by Excelmind Capital Limited, Excelmind Group Limited. (Athey, J.)
May 13, 2015	Filing 37 MOTION to Seal Document: ECL Defendants' Motion for Permission to File Under Seal - filed by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Order)(Athey, J.)
May 13, 2015	Filing 36 [SEALED] AFFIDAVIT of /Declaration of Grace Vera Cruz in Support of Reply to Seawood Resources, Inc.'s Motion to Dismiss filed by Seawood Resources Inc.. (Attachments: #1 Exhibit A to Declaration, #2 Exhibit B to Declaration, #3 Certificate of Service)(Dugan, Mary)
May 13, 2015	Filing 35 [SEALED] REPLY BRIEF re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person and Failure to State a Claim filed by Seawood Resources Inc.. (Attachments: #1 Certificate of Service)(Dugan, Mary)
May 13, 2015	Filing 34 MOTION to Seal (1) Reply Brief of Seawood Resources, Inc. in Further Support of Its Motion to Dismiss and (2) Declaration of Grace Vera Cruz in Support of Reply to Seawood Resources, Inc.'s Motion to Dismiss - filed by Seawood Resources Inc.. (Attachments: #1 Text of Proposed Order)(Dugan, Mary)
May 1, 2015	Filing 33 REDACTED VERSION of #31 Answering Brief in Opposition, to Defendants' Motion to Dismiss by Phunware Inc., Rain Acquisition LLC. (Sorrels, Bradley)
May 1, 2015	Filing 32 REDACTED VERSION of #30 Answering Brief in Opposition, to The ECL Defendants' Motion to Assess Costs and for a Stay Pursuant to Fed. R. Civ. P. 41(d) by Phunware Inc., Rain Acquisition LLC. (Sorrels, Bradley)
April 30, 2015	Pro Hac Vice Attorney Howard M. Privette for Excelmind Group Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mas, )
April 29, 2015	SO ORDERED, re #29 MOTION to Seal Plaintiffs' Answering Brief in Opposition to Defendants' Motion to Dismiss filed by Rain Acquisition LLC, Phunware Inc.. Signed by Judge Sue L. Robinson on 4/29/2015. (fms)
April 24, 2015	Filing 31 [SEALED] ANSWERING BRIEF in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person and Failure to State a Claim, #10 MOTION to Dismiss filed by Phunware Inc., Rain Acquisition LLC.Reply Brief due date per Local Rules is 5/4/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Certificate of Service)(Sorrels, Bradley)
April 24, 2015	Filing 30 [SEALED] ANSWERING BRIEF in Opposition re #12 MOTION to Stay Defendants Excelmind Group Limited's and Excelmind Capital Limited's Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d) filed by Phunware Inc., Rain Acquisition LLC.Reply Brief due date per Local Rules is 5/4/2015. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Sorrels, Bradley)
April 24, 2015	Filing 29 MOTION to Seal Plaintiffs' Answering Brief in Opposition to Defendants' Motion to Dismiss - filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Sorrels, Bradley)
April 20, 2015	SO ORDERED, re #28 Stipulation To Exceed Page Limits, filed by Rain Acquisition LLC, Phunware Inc.. Signed by Judge Sue L. Robinson on 4/20/2015. (fms)
April 17, 2015	Filing 28 STIPULATION and [Proposed] Order to Exceed Page Limits re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person and Failure to State a Claim, #10 MOTION to Dismiss by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Certificate of Service)(Sorrels, Bradley)
April 15, 2015	SO ORDERED, re #27 MOTION for Pro Hac Vice Appearance of Attorney Howard M. Privette and Edward Han filed by Excelmind Group Limited, Excelmind Capital Limited. Signed by Judge Sue L. Robinson on 4/15/2015. (fms)
April 15, 2015	Pro Hac Vice Attorney Edward Han for Excelmind Group Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
April 14, 2015	Filing 27 MOTION for Pro Hac Vice Appearance of Attorney Howard M. Privette and Edward Han - filed by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Certificate of Edward Han to be admitted Pro Hac Vice, #2 Certificate of Howard Privette to be admitted Pro Hac Vice)(Athey, J.)
April 13, 2015	CORRECTING ENTRY: Per request of filer, the pdf at D.I. #24 has been removed and replaced. (fms)
April 10, 2015	Filing 26 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Seawood Resources Inc.. (Johnston, William)
April 10, 2015	Filing 25 DECLARATION re #24 Opening Brief in Support, Declaration of Dennis L. Ignacio by Seawood Resources Inc.. (Johnston, William)
April 10, 2015	Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss for Lack of Jurisdiction Over the Person and Failure to State a Claim filed by Seawood Resources Inc..Answering Brief/Response due date per Local Rules is 4/27/2015. (Johnston, William) (Main Document 24 replaced on 4/13/2015) (fms).
April 10, 2015	Filing 23 MOTION to Dismiss for Lack of Jurisdiction Over the Person and Failure to State a Claim - filed by Seawood Resources Inc.. (Attachments: #1 Text of Proposed Order)(Johnston, William)
April 8, 2015	SO ORDERED, re #22 Stipulation and [Proposed] Order Scheduling Responses to Plaintiffs' Complaint and Related Briefing and Withdrawing Demand for Jury Trial filed by Rain Acquisition LLC, Phunware Inc., Set/Reset Answer Deadlines: Seawood Resources Inc. answer due 4/10/2015., Set Briefing Schedule: re #12 MOTION to Stay Defendants Excelmind Group Limited's and Excelmind Capital Limited's Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d), #10 MOTION to Dismiss. (Answering Brief due 4/24/2015., Reply Brief due 5/13/2015.). Signed by Judge Sue L. Robinson on 4/8/2015. (fms)
April 3, 2015	Filing 22 STIPULATION and [Proposed] Order Scheduling Responses to Plaintiffs' Complaint and Related Briefing and Withdrawing Demand for Jury Trial by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Certificate of Service)(Liston, Ian)
March 30, 2015	Filing 21 AFFIDAVIT of Service for Summons and Complaint served on Excelmind Group Limited on 03/10/2015, filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Liston, Ian)
March 27, 2015	Filing 20 REDACTED VERSION of #13 MEMORANDUM in Support, of their Motion to Assess Costs and for a Stay Pursuant to Fed. R. Civ. P. 41(d) by Excelmind Capital Limited, Excelmind Group Limited. (Athey, J.)
March 27, 2015	Filing 19 REDACTED VERSION of #11 Opening Brief in Support, in Support of Motion to Dismiss by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Exhibits)(Athey, J.)
March 27, 2015	Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Scott S. Balber - filed by Seawood Resources Inc.. (Attachments: #1 Certification of Counsel)(Dugan, Mary)
March 27, 2015	Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Allison M. Alcasabas - filed by Seawood Resources Inc.. (Attachments: #1 Certificate of Counsel)(Dugan, Mary)
March 27, 2015	SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Allison M. Alcasabas filed by Seawood Resources Inc., #18 MOTION for Pro Hac Vice Appearance of Attorney Scott S. Balber filed by Seawood Resources Inc. Signed by Judge Sue L. Robinson on 3/27/2015. (fms)
March 24, 2015	Filing 16 NOTICE of Appearance by Mary Frances Dugan on behalf of Seawood Resources Inc. (Dugan, Mary)
March 23, 2015	SO ORDERED, re #9 MOTION to Seal the Opening Brief in Support of ECL Defendants' Motion to Dismiss and Memorandum of Points and Authorities in Support of thier Motion to Assess Costs and For A Stay filed by Excelmind Group Limited, Excelmind Capital Limited. Signed by Judge Sue L. Robinson on 3/23/2015. (fms)
March 20, 2015	Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Excel Wireless Capital Limited for Excelmind Capital Limited filed by Excelmind Capital Limited. (Athey, J.)
March 20, 2015	Filing 14 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Excelmind Capital Limited for Excelmind Group Limited filed by Excelmind Group Limited. (Athey, J.)
March 20, 2015	Filing 13 [SEALED] MEMORANDUM in Support re #12 MOTION to Stay Defendants Excelmind Group Limited's and Excelmind Capital Limited's Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d) filed by Excelmind Capital Limited, Excelmind Group Limited.Answering Brief/Response due date per Local Rules is 4/6/2015. (Attachments: #1 Proposed Order)(Athey, J.)
March 20, 2015	Filing 12 MOTION to Stay Defendants Excelmind Group Limited's and Excelmind Capital Limited's Motion to Assess Costs and For a Stay Pursuant to Fed. R. Civ. P. 41(d) - filed by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Statement of Counsel Pursuant to Rule 7.1.1)(Athey, J.)
March 20, 2015	Filing 11 [SEALED] OPENING BRIEF in Support re #10 MOTION to Dismiss filed by Excelmind Capital Limited, Excelmind Group Limited.Answering Brief/Response due date per Local Rules is 4/6/2015. (Attachments: #1 Exhibits A-F, #2 Proposed Order)(Athey, J.)
March 20, 2015	Filing 10 MOTION to Dismiss - filed by Excelmind Capital Limited, Excelmind Group Limited. (Athey, J.)
March 20, 2015	Filing 9 MOTION to Seal the Opening Brief in Support of ECL Defendants' Motion to Dismiss and Memorandum of Points and Authorities in Support of thier Motion to Assess Costs and For A Stay - filed by Excelmind Capital Limited, Excelmind Group Limited. (Attachments: #1 Proposed Order)(Athey, J.)
March 20, 2015	Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Seawood Resources, Inc. on 03/12/2015, filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Exhibit A)(Liston, Ian)
March 20, 2015	Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Excelmind Capital Limited on 03/10/2015, filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liston, Ian)
March 16, 2015	Filing 6 REDACTED VERSION of #2 Complaint, by Phunware Inc., Rain Acquisition LLC. (Liston, Ian) (Main Document 6 replaced on 6/9/2015) (fms).
March 11, 2015	Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)
March 10, 2015	Summons Issued with Magistrate Consent Notice attached as to Excelmind Capital Limited on 3/10/2015; Excelmind Group Limited on 3/10/2015; Seawood Resources Inc. on 3/10/2015. (rwc)
March 9, 2015	Filing 5 ORDER granting #1 Motion to Seal. Signed by Judge Gregory M. Sleet on 3/9/15. Case submitted for routine case assignment. (etg, )
March 6, 2015	Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Rain Acquisition LLC for Phunware Inc. filed by Phunware Inc., Rain Acquisition LLC. (etg, )
March 6, 2015	Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (etg, )
March 6, 2015	Filing 2 [SEALED] COMPLAINT filed with Jury Demand against Excelmind Capital Limited, Excelmind Group Limited, Seawood Resources Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400.00, receipt number 23182.) - filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Exhibit A)(etg, )
March 6, 2015	Filing 1 MOTION to Seal - filed by Phunware Inc., Rain Acquisition LLC. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Civil Cover Sheet)(etg, )
March 6, 2015	Exit copies to Duty Judge (GMS) (etg, )
March 6, 2015	No Summons Issued. (etg, )

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Plaintiff: Phunware Inc
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Plaintiff: Phunware Inc.
Represented By:	Ian Robert Liston
Represented By:	Bradley D. Sorrels
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Plaintiff: Rain Acquisition LLC
Represented By:	Bradley D. Sorrels
Represented By:	Ian Robert Liston
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Defendant: Excelmind Group Limited
Represented By:	J. Clayton Athey
Represented By:	Edward Han
Represented By:	Eric Joseph Juray
Represented By:	Howard M. Privette
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Defendant: Excelmind Capital Limited
Represented By:	J. Clayton Athey
Represented By:	Eric Joseph Juray
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Defendant: Seawood Resources Inc.
Represented By:	William D. Johnston
Represented By:	Mary Frances Dugan
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