Ahkeo Labs LLC v. Plurimi Investment Managers LLP et al
| Ahkeo Labs LLC |
| Plurimi Investment Managers LLP and Alexander Maximilian Dupee |
| 1:2017cv01248 |
| June 14, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2018. A more recent docket listing may be available from PACER.
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| Filing 66 Judgment signed by Judge James S. Gwin on 2/27/18. The Court, having entered its Opinion & Order, grants defendant's motion to dismiss for lack of personal jurisdiction. The case is dismissed without prejudice to its being refiled in a jurisdiction with personal jurisdiction over the parties. Accordingly, this action is terminated under Federal Rule of Civil Procedure 58. (Related Doc. #65 ) (D,MA) |
Filing 65
Opinion & Order signed by Judge James S. Gwin on 2/27/18. The Court, for the reason set forth in this order, grants defendant's motion to dismiss for lack of jurisdiction and denies as futile plaintiff's motion to amend. The Court further denies as moot defendant's motion to dismiss under Rule 19, its motion for summary judgment, and its request that the Court dismiss this case based on the doctrine of forum non conveniens. Plaintiff's complaint is dismissed without prejudice to its being filed in an appropriate forum with personal jurisdiction over the parties. (Related Docs. #19 , #33 , #40 , #50 , and #64 ) (D,MA)
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| Filing 64 Motion for summary judgment filed by Defendant Plurimi Investment Managers LLP. (Attachments: #1 Ex. A - PIM's Memorandum of Points and Authorities, #2 Ex. B - Appendix, #3 Ex. C - Declaration of Adam Hollingsworth)(Hollingsworth, Adam) |
| Filing 63 Transcript of Evidentiary Hearing held on 2-7-18 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Donnalee Cotone, RMR, CRR, CRC at 216-357-7078. [113 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/20/2018. Redaction Request due 3/5/2018. Redacted Transcript Deadline set for 3/13/2018. Release of Transcript Restriction set for 5/11/2018. Related document(s) #62 . (C,Do) |
| Filing 62 Expedited Non-Appeal Transcript Order Form for proceedings held on 2/7/2018 before Judge Gwin, Court Reporter: Cotone. Requested completion date: 2/12/2018 filed by Plurimi Investment Managers LLP. (Hollingsworth, Adam) |
| Filing 61 Minutes of evidentiary hearing before Judge James S. Gwin on 2/7/18. Court's order to follow. (Court Reporter: D. Cotone; Time: 2 hrs. 14 min.) (D,MA) |
| IMPORTANT: Notice [non-document] that an evidentiary hearing concerning personal jurisdiction is set for 2/7/18 at 10:30 a.m., Courtroom 18A before Judge James S. Gwin. (Related Doc. #19 ) (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 1/19/18 granting in part and denying in part the parties' joint motion to extend the dispositive deadlines. IMPORTANT: Dispositive motions now due 2/20/18 with responses due 3/12/18 and replies due 3/19/18. No further extensions will be granted. (Related Docs. #31 and #60 ) (D,MA)
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| Filing 60 Joint Motion for extension of Dispositive Motion Deadline until March 8, 2018 filed by Defendant Plurimi Investment Managers LLP. Related document(s) #31 . (Hollingsworth, Adam) |
| Filing 59 Reply in support of #50 First Motion to amend complaint Instanter filed by Ahkeo Labs LLC. (Attachments: #1 Ex. A - Plurimi Website Screenshot)(Adams, Zachary) |
| Filing 58 Reply in support of #19 Motion to dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Based on Forum Non Conveniens filed by Plurimi Investment Managers LLP. (Attachments: #1 Exhibit Declaration of Adam Hollingsworth)(Hollingsworth, Adam) |
| Filing 57 Opposition to #50 First Motion to amend complaint Instanter filed by Plurimi Investment Managers LLP. (Attachments: #1 Declaration of Adam Hollingsworth)(Hollingsworth, Adam) |
| Filing 56 Reply in support of #33 Motion to dismiss for failure to join an indispensable party and in opposition to Plaintiff's supplemental memorandum #52 filed by Plurimi Investment Managers LLP. (Attachments: #1 Exhibit Declaration of Adam Hollingsworth, #2 Exhibit Declaration of Anthony Jimenez)(Hollingsworth, Adam) |
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Order [non-document] entered by Judge James S. Gwin on 12/28/17 granting defendant's unopposed motion for an extension of 7 days. (Related Doc. #55 ) (D,MA)
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Order [non-document] entered by Judge James S. Gwin on 12/28/17 granting Defendant's Motions to withdraw as attorney Thomas R. Lucchesi and Kyle T. Cutts and substitute attorneys Jeffery D. Ubersax, Stephen G. Sozio, and Adam J. Hollingsworth for Plurimi Investment Managers LLP. (Related Docs. #53 , #54 ).
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| Filing 55 Unopposed Motion for 7 day extension of time to respond filed by Defendant Plurimi Investment Managers LLP. Related document(s) #51 , #50 , #52 . (Hollingsworth, Adam) Modified text on 12/27/2017 (M, S). |
| Filing 54 Motion to substitute attorney Jeffrey D. Ubersax, Adam J. Hollingsworth, and Stephen G. Sozio in place of attorney Thomas R. Luchessi and Kyle T. Cutts filed by Defendant Plurimi Investment Managers LLP. Related document(s) #53 . (Hollingsworth, Adam) |
| Filing 53 Motion by Thomas R. Lucchesi and Kyle T. Cutts to withdraw as attorney for Plurimi Investment Managers LLP, Motion to substitute attorney Jeffery D. Ubersax, Stephen G. Sozio, and Adam J. Hollingsworth in place of attorney Thomas R. Lucchesi and Kyle T. Cutts filed by Defendant Plurimi Investment Managers LLP. (Cutts, Kyle) |
| Filing 52 Opposition to #33 Motion to dismiss for failure to join an indispensable party (supplemental) filed by Ahkeo Labs LLC. (Attachments: #1 Ex. A - Declaration of Zachary J. Adams)(Adams, Zachary) |
| Filing 51 Opposition to #19 Motion to dismiss for lack of jurisdiction or, in the alternative, based on forum non conveniens filed by Ahkeo Labs LLC. (Attachments: #1 Ex. A. - Declaration of Zachary J. Adams)(Adams, Zachary) |
| Filing 50 First Motion to amend complaint Instanter filed by Plaintiff Ahkeo Labs LLC. (Attachments: #1 Ex. 1 - Memorandum in Support, #2 Ex. A - First Amended Complaint, #3 Ex. B - Declaration of Zachary J. Adams)(Adams, Zachary) |
| Filing 49 Minutes of status conference before Judge James S. Gwin on 12/13/17. IMPORTANT: Plaintiff to file response to defendant's motion to dismiss for lack of jurisdiction by 12/22/17; reply brief due 1/8/18. Plaintiff to file any supplement to opposition to motion to dismiss for failure to join an indispensable party by 12/22/17; any opposition to supplement due 12/29/17. (Court Reporter: None; Time: 49 min.) (Related Docs. #19 and #38 ) (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 12/7/17 denying defendant's motion to continue the 12/13/17 status conference. Said conference shall be conducted entirely by phone. Counsel will be provided with the Court's teleconference information by email. (Related Doc. #48 ) (D,MA)
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| Filing 48 Motion to continue December 13, 2017 Status Conference or in the alternative, Motion to attend by telephone filed by Defendant Plurimi Investment Managers LLP. (Lucchesi, Thomas) |
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Order [non-document] entered by Judge James S. Gwin on 12/1/17 granting in part and denying in part plaintiff's motion for an extension of time to file a response to defendant's pending motion to dismiss for lack of jurisdiction. IMPORTANT: Said response shall be filed by 12/18/17. If desired, defendant will need to produce a Rule 30(b)(6) witness for deposition by 12/11/17 and the video deposition can be done by video conference. (Related Docs. #19 and #43 ) (D,MA)
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| Filing 47 Opposition to #43 Motion for extension of time until December 27, 2017 to file response/reply to #19 Motion to dismiss for lack of jurisdiction , or, in the alternative, based on forum non conveniens filed by Plurimi Investment Managers LLP. (Attachments: #1 Declaration of Thomas R. Lucchesi, #2 Exhibit A Oct. 5, 2017 email, #3 Exhibit B Oct. 5, 2017 email chain, #4 Exhibit C Nov. 15, 2017 email chain, #5 Exhibit D Sept. 6, 2017 email, #6 Exhibit E Oct. 16, 2017 email chain, #7 Exhibit F Nov. 14, 2017 email chain, #8 Exhibit G Nov. 17, 2017 email chain, #9 Exhibit H Nov. 20, 2017 email chain)(Lucchesi, Thomas) |
| Filing 46 Reply in support of #43 Motion for extension of time until December 27, 2017 to file response/reply to #19 Motion to dismiss for lack of jurisdiction , or, in the alternative, based on forum non conveniens filed by Ahkeo Labs LLC. (Adams, Zachary) |
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Filing 45
Stipulated Protective Order signed by Judge James S. Gwin on 11/21/17. (Related Doc. #42 ) (D,MA)
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| Filing 44 Notice of Intent to Oppose Plaintiff's Motion for Extension of Time filed by Plurimi Investment Managers LLP. Related document(s) #43 .(Lucchesi, Thomas) |
| Filing 43 Motion for extension of time until December 27, 2017 to file response/reply to #19 Motion to dismiss for lack of jurisdiction , or, in the alternative, based on forum non conveniens filed by Plaintiff Ahkeo Labs LLC. Related document(s) #19 . (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Dismiss, #2Declaration of John Q. Lewis in Support of Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Dismiss, #3 Exhibit A - October 5, 2017 e-mail, #4 Exhibit B - Defendant's Responses and Objections to Plaintiff Ahkeo Labs LLC's First Set of Interrogatories, #5 Exhibit C - Defendant's Responses and Objections to Plaintiff Ahkeo Labs LLC's First Set of Requests for Production)(Adams, Zachary - s/ John Q. Lewis) Modified text on 11/21/2017 (M, S). |
| Filing 42 Joint Motion for protective order filed by Defendant Plurimi Investment Managers LLP. (Attachments: #1 Proposed Stipulated Protective Order)(Lucchesi, Thomas) |
| Filing 41 Designation of Expert filed by Plurimi Investment Managers LLP. (Attachments: #1 Exhibit A - Curricula vitae for Applied Business Strategy, LLC, #2 Exhibit B - Curriculum vitae of Robert E. Hunt, #3 Exhibit C - Curriculum vitae of Jeremy Heidl, #4 Exhibit D- Curricula vitae of Lorraine Bay and Tim West, #5 Exhibit E - Curriculum vitae of Monique Melis)(Lucchesi, Thomas) |
| Filing 40 Motion with Memorandum in Support for relief from expert identification deadline filed by Defendant Plurimi Investment Managers LLP. (Attachments: #1Exhibit A - Correspondence to John Q. Lewis)(Lucchesi, Thomas) Modified text/added exhibit description on 11/9/2017 (M, S). |
| Filing 39 Reply in support of #33 Motion to dismiss for failure to join an indispensable party filed by Plurimi Investment Managers LLP. (Attachments: #1 Exhibit Declaration of Anthony Jimenez)(Lucchesi, Thomas) |
| Filing 38 Opposition to #33 Motion to dismiss for failure to join an indispensable party filed by Ahkeo Labs LLC. (Attachments: #1 Exhibit 1 - Declaration of Brent Skoda with Attachments, #2 Exhibit 2 - Screenshot of Defendant's Website)(Adams, Zachary) |
| Filing 37 Designation of Expert filed by Ahkeo Labs LLC. (Adams, Zachary) |
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IMPORTANT: Order [non-document] entered by Judge James S. Gwin on 10/23/17 granting plaintiff's motion for an extension of time until 10/30/17 to file a response to defendant's motion to dismiss for failure to join an indispensable party. Reply brief to be filed by 11/6/17. (Related Docs. #33 and #36 ) (D,MA)
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| Filing 36 Unopposed Motion for extension of time until October 30, 2017 to file response/reply to #33 Motion to dismiss for failure to join an indispensable party filed by Plaintiff Ahkeo Labs LLC. Related document(s) #33 . (Adams, Zachary) |
| Filing 35 Notice of Substitution of Counsel removing attorney Seth J. Linnick and adding attorney Zachary J. Adams filed by on behalf of Ahkeo Labs LLC. (Adams, Zachary) |
| Filing 34 Amended Answer to #1 Complaint filed by Plurimi Investment Managers LLP. (Lucchesi, Thomas) |
| Filing 33 Motion to dismiss for failure to join an indispensable party filed by Defendant Plurimi Investment Managers LLP. (Attachments: #1 Brief in Support)(Lucchesi, Thomas) |
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Filing 32
Order signed by Judge James S. Gwin on 8/31/17 that plaintiff shall identify experts by 10/23/17 and defendant shall identify experts by 11/13/17. (D,MA)
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Filing 31
Case Management Conference Plan/Order signed by Judge James S. Gwin on 8/31/17. Case is assigned to the standard track. Parties to be joined and pleadings amended by 9/25/17. Opposition to pending motion to dismiss due 11/27/17 and reply due 12/11/17. Dispositive motions to be filed by 2/5/18 with responses due 2/26/18 and replies due 3/5/18. All discovery to be completed by 5/28/18. Status conference set 12/13/17 at 12:00 p.m., and final pretrial conference set for 6/5/18 at 12:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 6/11/18 at 8:00 a.m., Courtroom 18A. (Related Doc. #19 ) IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 30 Minutes of case management conference before Judge James S. Gwin on 8/30/17. (Court Reporter: None; Time: 1 hr. 20 min.) (D,MA) |
| Filing 29 Motion for extension of time until November 15, 2017 to file response/reply to #19 Motion to dismiss for lack of jurisdiction and for limited discovery filed by Plaintiff Ahkeo Labs LLC. Related document(s) #19 . (Attachments: #1 Exhibit A - Memo In Support Of Motion for Extension of Time to Respond to Plurimi's Motion to Dismiss and For Limited Discovery, #2 Exhibit 1 to Memo in Support - Declaration of John Q. Lewis)(Linnick, Seth) |
| Filing 28 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Linnick, Seth) |
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Order [non-document] entered by Judge James S. Gwin on 8/23/17 approving plaintiff's dismissal without prejudice of defendant Alexander Maximilian Dupee. (Related Doc. #27 ) (D,MA)
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| Filing 27 Notice of Dismissal Under FRCP 41(a)(1) of Defendant Alexander Maximilian Dupee Without Prejudice filed by Ahkeo Labs LLC. (Linnick, Seth) |
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Order [non-document] entered by Judge James S. Gwin on 8/21/17. The Court grants defendants' motions to excuse personal attendance at the 8/30/17 case management conference. Counsel will be provided with the Court's teleconference information by email. The Court denies defendants' motions to stay and to continue the case management conference. (Related Docs. #25 and #26 ) (D,MA)
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| Filing 26 Motion to excuse appearance at Case Management Conference, Motion to stay Discovery, Motion to continue Case Management Conference filed by Defendant Plurimi Investment Managers LLP. (Lucchesi, Thomas). Added motion event on 8/9/2017 (M, S). |
| Filing 25 Motion to excuse appearance at Case Management Conference, Motion to stay Discovery filed by Defendant Alexander Maximilian Dupee. (Koberna, Mark) |
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Filing 24
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 8/1/17 setting a conference for 8/30/17 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 23 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 8/1/17. (D,MA) |
| Filing 22 Motion to dismiss for lack of jurisdiction filed by Defendant Alexander Maximilian Dupee. (Attachments: #1 Brief in Support Memorandum in Support of Defendant Alexander Maximilian Dupee's Motion to Dismiss, #2 Exhibit Declaration of Defendant Alexander Maximilian Dupee in Support of Motion to Dismiss, #3 Exhibit 1 - Dupee Passport, #4 Exhibit 2 - Dupee UK Entry Clearance, #5 Exhibit 3 - Summons with Complaint)(Koberna, Mark) |
| Filing 21 Answer to #1 Complaint filed by Alexander Maximilian Dupee. (Koberna, Mark) |
| Filing 20 Answer to #1 Complaint filed by Plurimi Investment Managers LLP. (Lucchesi, Thomas) |
| Filing 19 Motion to dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Based on Forum Non Conveniens filed by Defendant Plurimi Investment Managers LLP. (Attachments: #1 Brief in Support, #2 Exhibit Jimenez Declaration, #3 Exhibit Davis Declaration)(Lucchesi, Thomas) Modified event type on 8/1/2017 (M, S). |
| Filing 18 Corporate Disclosure Statement filed by Plurimi Investment Managers LLP. (Lucchesi, Thomas) |
| Filing 17 FILING ERROR: Not text searchable. Re-filed. See Doc. #22 . Motion to dismiss filed by Defendant Alexander Maximilian Dupee. (Attachments: #1 Brief in Support Memorandum in Support of Defendant Alexander Maximilian Dupee's Motion to Dismiss, #2 Exhibit Declaration of Dupee in Support of Motion to Dismiss, #3Exhibit 1 - Dupee Passport, #4 Exhibit 2 - Dupee UK Entry Clearance, #5 Exhibit 3 - Summons with Complaint)(Koberna, Mark) Modified text/marked error/term motion/modified exhibit security due to identifiers/regenerated nef on 8/1/2017 (M, S). |
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Order [non-document] entered by Judge James S. Gwin on 7/28/17 granting the motions for pro hac vice admission of Attorneys David L. Katsky and Elan R. Dobbs on behalf of defendant Alexander Maximilian Dupee. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #15 and #16 ) (D,MA)
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| Filing 16 Motion for attorney Elan R. Dobbs to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8259217, filed by Defendant Alexander Maximilian Dupee. (Koberna, Mark) |
| Filing 15 Motion for attorney David L. Katsky to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8259142, filed by Defendant Alexander Maximilian Dupee. (Koberna, Mark) |
| Filing 14 Return of Service by Clerk by certified mail executed upon Alexander Maximilian Dupee on 7/10/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Ahkeo Labs LLC (Related document(s) #8 ). (H,SP) |
| Filing 13 Certified mail receipt returned, addressed to Thomas R. Lucchesi (no signature on green card) and delivered on 7/13/2017 (no delivery date on green card, date obtained from U.S. Postal Service website). (Related document(s) #8 ). (H,SP) |
| Service by Clerk. Summons and Complaint addressed to Plurimi Investment Managers LLP c/o Thomas Lucchesi, Esq. placed in U.S. Mail. Type of service: certified mail. Receipt # 70102780000291774092. (P,WL) |
| Service by Clerk. Summons and Complaint addressed to Alexander Maximilian Dupee c/o David Katsky placed in U.S. Mail. Type of service: certified mail. Receipt # 70102780000291774085. (P,WL) |
| Filing 12 Return of Service unexecuted (green cards never returned) upon Alexander Maximilian Dupee. Service attempted by Certified Mail on 6/30/2017 filed on behalf of Ahkeo Labs LLC (Linnick, Seth) Modified text on 7/6/2017 (P,WL). |
| Filing 11 Return of Service unexecuted (green cards never returned) upon Plurimi Investment Managers LLP. Service attempted by Certified Mail on 6/30/2017 filed on behalf of Ahkeo Labs LLC (Linnick, Seth) Modified text on 7/6/2017 (P,WL). |
| Filing 10 FILING ERROR - Attorney to re-file using correct event. Subpoena Returned Unexecuted; service attempted upon Alexander Maximilian Dupee by Certified Mail attempted on 6/30/2017 filed on behalf of Ahkeo Labs LLC (Linnick, Seth) Modified as error on 7/5/2017 (P,WL). |
| Filing 9 FILING ERROR - Attorney to refile using correct event. Subpoena Returned Unexecuted; service attempted upon Plurimi Investment Managers LLP by Certified Mail attempted on 6/30/2017 filed on behalf of Ahkeo Labs LLC (Linnick, Seth) Modified as error on 7/5/2017 (P,WL). |
| Filing 8 Original Summons issued to counsel for service upon Alexander Maximilian Dupee, Plurimi Investment Managers LLP. (C,KA) |
| Filing 7 Corporate Disclosure Statement filed by All Plaintiffs. (Linnick, Seth) |
| Filing 6 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Exhibit A - Summons for Plurimi Investment Managers LLP, #2 Exhibit B - Summons for Alexander Maximilian Dupee)(Linnick, Seth) Modified text 6/27/2017 (C,KA). |
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Filing 5
Opinion & Order signed by Judge James S. Gwin on 6/26/17. The Court, for the reasons set forth in this order, grants plaintiff's motion for alternative service. The Court approves service of defendants' lawyers as laid out in plaintiff's proposed order. (Related Doc. #4 ) (D,MA)
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| Filing 4 Motion for Order Permitting Alternative Service on Defendants' Counsel filed by Plaintiff Ahkeo Labs LLC. (Attachments: #1 Exhibit A - Memorandum in Support, #2 Exhibit B - Affidavit of Seth J. Linnick, #3 Exhibit C - Proposed Order)(Linnick, Seth) Modified text 6/23/2017 (C,KA). |
| Filing 3 Supplement (Civil Cover Sheet) to #1 Complaint filed by Ahkeo Labs LLC. Related document(s) #1 . (Linnick, Seth) Modified text on 6/14/2017 (P,WL). |
| Filing 2 Exhibit A - Credit Agreement to Plaintiff's Complaint filed by All Plaintiffs. Related document(s) #1 . (Linnick, Seth) Modified text 6/15/2017 (C,KA). |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-8199312.. Filed by Ahkeo Labs LLC. (Linnick, Seth) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (P,WL) |
| Judge James S. Gwin assigned to case. (P,WL) |
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