Easoon USA, LLC v. Kelly et al
Plaintiff: Easoon USA, LLC
Defendant: David S. Osterman, Mark Clifton, Brett Kelly and Steve Osterman
Case Number: 1:2019cv00564
Filed: March 25, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2019 Opinion or Order Filing 43 ORDER: Defendants' Motion to Consolidate Cases (D.I. 108, C.A. 17-1574-RGA; D.I. 38 in C.A. 19-564-RGA) is GRANTED. C.A. 17-1574-RGA shall be the lead case and all papers shall be filed in C.A. 17-1574-RGA. The case schedule will be extended by three months to accommodate the consolidation. The Parties shall submit a proposed revised scheduling order within one week of the entry of this Order. Signed by Judge Richard G. Andrews on 5/7/2019. (nms)
May 3, 2019 Filing 42 REPLY BRIEF re #38 MOTION to Consolidate Cases filed by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Exhibit A)(Palapura, Bindu)
May 2, 2019 Opinion or Order Filing 41 ORDER: The Motion to Dismiss (D.I. #11 ) is DISMISSED without prejudice. Signed by Judge Richard G. Andrews on 5/2/2019. (nms)
April 26, 2019 Filing 40 ANSWERING BRIEF in Opposition re #38 MOTION to Consolidate Cases filed by Easoon USA, LLC.Reply Brief due date per Local Rules is 5/3/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Kelly, Sean)
April 10, 2019 Filing 39 OPENING BRIEF in Support re #38 MOTION to Consolidate Cases filed by Mark Clifton, Brett Kelly, David S. Osterman.Answering Brief/Response due date per Local Rules is 4/24/2019. (Moore, David)
April 10, 2019 Filing 38 MOTION to Consolidate Cases - filed by Mark Clifton, Brett Kelly, David S. Osterman, MOSO International BV, MOSO North America, Inc.. (Attachments: #1 Text of Proposed Order)(Moore, David)
April 3, 2019 Opinion or Order SO ORDERED, re #37 MOTION for Pro Hac Vice Appearance of Attorney Thomas G. Pasternak, John M. Schafer and Evelina Gentry of Akerman LLP, filed by David S. Osterman, Mark Clifton, Brett Kelly. Signed by Judge Richard G. Andrews on 4/3/2019. (nms)
April 3, 2019 Filing 37 MOTION for Pro Hac Vice Appearance of Attorney Thomas G. Pasternak, John M. Schafer and Evelina Gentry of Akerman LLP - filed by Mark Clifton, Brett Kelly, David S. Osterman. (Moore, David)
March 27, 2019 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
March 26, 2019 Filing 36 Local Counsel Letter sent. Notice of Compliance deadline set for 4/25/2019. (nmg)
March 26, 2019 Filing 35 Record of case transferred in from District of Georgia Northern; Case Number in Other District: 1:17-cv-04615. Copy of Docket Sheet and original file
March 25, 2019 Opinion or Order Filing 34 ORDER: The Court GRANTS IN PART Defendants' Motion to Dismiss Under Rule 12(b)(6), to Transfer Venue, or for a More Definite Statement under Rule 12(e) #11 . Specifically, the Court GRANTS Defendants Motion to Transfer Venue, and the Court DEFERS ruling on Defendants responsive pleadings, i.e., Motion to Dismiss Under Rule 12(b)(6) and Motion for a More Definite Statement Under Rule 12(e). The Clerk is directed to TRANSFER this action to the United States District Court for the District of Delaware. Signed by Judge William M Ray, II on 3/25/2019. (rlb) [Transferred from Georgia Northern on 3/26/2019.]
March 19, 2019 Filing 33 TRANSCRIPT of Motion Hearing held on March 11, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers, Telephone number (404) 215-1547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/9/2019. Redacted Transcript Deadline set for 4/19/2019. Release of Transcript Restriction set for 6/17/2019. (Attachments: #1 Notice of Filing Transcript) (wxb) [Transferred from Georgia Northern on 3/26/2019.]
March 11, 2019 Filing 32 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 3/11/2019. #11 Motion to Transfer Case GRANTED. Counsel for Defendants argued their Motion on all three parts - to Dismiss for Failure to State a Claim, to Transfer Case or for More Definite Statement. Counsel tendered PowerPoint slide handouts to the Court. Plaintiff rebutted the argument and tendered an email to the Court. Defendant objected on grounds the email contains settlement communications. The Court overruled Defendant's objection. Defendants replied to Plaintiff's argument. The Court will withhold any ruling on the claim splitting and more definite statement. The Court GRANTS the Motion to Transfer Case to Delaware. Counsel for defense is directed to prepare a detailed proposed order, have reviewed as to form by Plaintiff, and remit to Ms. Lee in Word format by Monday, Mach 18, 2019. (Court Reporter Wynette Blathers)(rlb) [Transferred from Georgia Northern on 3/26/2019.]
March 11, 2019 Opinion or Order Filing 31 ORDER granting #29 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on March 11, 2019 at 9:00 AM. Signed by Judge William M Ray, II on 3/11/2019. (jkl) [Transferred from Georgia Northern on 3/26/2019.]
March 11, 2019 Opinion or Order Filing 30 ORDER granting #28 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on March 11, 2019 at 9:00 AM. Signed by Judge William M Ray, II on 3/11/19. (jkl) [Transferred from Georgia Northern on 3/26/2019.]
March 8, 2019 Filing 29 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Easoon USA, LLC. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
March 8, 2019 Filing 28 Unopposed Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
February 8, 2019 Clerk's Certificate of Mailing as to Evelina Gentry re #27 Order on Application for Admission PHV. (jpa) [Transferred from Georgia Northern on 3/26/2019.]
February 8, 2019 Opinion or Order Filing 27 ORDER granting #26 Application for Admission Pro Hac Vice of Evelina Gentry. Signed by Judge William M Ray, II on 2/8/19. (jpa) [Transferred from Georgia Northern on 3/26/2019.]
February 8, 2019 APPROVAL by Clerks Office re: #26 APPLICATION for Admission of Evelina Gentry Pro Hac Vice (Application fee $ 150, receipt number 113E-8431908). Attorney Evelina Gentry added appearing on behalf of Mark Clifton, Brett Kelly, David S. Osterman (pmb) [Transferred from Georgia Northern on 3/26/2019.]
February 5, 2019 Filing 26 APPLICATION for Admission of Evelina Gentry Pro Hac Vice (Application fee $ 150, receipt number 113E-8431908)by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
February 1, 2019 AMENDED NOTICE of Hearing on Motion re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM/MOTION to Transfer Case/MOTION for More Definite Statement. Motion Hearing reset for 3/11/2019 at 09:00 AM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) [Transferred from Georgia Northern on 3/26/2019.]
January 10, 2019 NOTICE of Hearing on #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement/MOTION to Transfer Case/MOTION for More Definite Statement. Motion Hearing set for 2/13/2019 at 01:30 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) [Transferred from Georgia Northern on 3/26/2019.]
October 31, 2018 Case Reassigned to Judge William M Ray, II. Judge Michael L. Brown no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-4615-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (adg) [Transferred from Georgia Northern on 3/26/2019.]
June 29, 2018 Opinion or Order Filing 25 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 6/29/2018. (bgt) [Transferred from Georgia Northern on 3/26/2019.]
February 9, 2018 Filing 24 REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement filed by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
January 31, 2018 Opinion or Order Filing 23 ORDER GRANTING #22 Motion for Extension of Time to Comply with Certain Pretrial Deadlines. Signed by Judge Michael L. Brown on 1/31/2018. (btql) [Transferred from Georgia Northern on 3/26/2019.]
January 29, 2018 Filing 22 Joint MOTION for Extension of Time to Comply with Certain Pretrial Deadlines by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Text of Proposed Order)(Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
January 26, 2018 Filing 21 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement filed by Easoon USA, LLC. (Attachments: #1 Brief)(Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
January 23, 2018 Case Reassigned to Judge Michael L Brown. Judge Timothy C. Batten, Sr no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-4615-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jlm) [Transferred from Georgia Northern on 3/26/2019.]
January 23, 2018 MINUTE ORDER granting #14 Application for Admission Pro Hac Vice Thomas G. Pasternak; granting #15 Application for Admission Pro Hac Vice John M. Schafer. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 1/23/18. (se) [Transferred from Georgia Northern on 3/26/2019.]
January 23, 2018 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of John M. Schafer Pro Hac Vice (Application fee $ 150, receipt number 113E-7608733). Attorney Jason Paul Grier added appearing on behalf of Mark Clifton, Brett Kelly, and David S. Osterman (jkm) [Transferred from Georgia Northern on 3/26/2019.]
January 23, 2018 APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Thomas G. Pasternak Pro Hac Vice (Application fee $ 150, receipt number 113E-7608712). Attorney Jason Paul Grier added appearing on behalf of Brett Kelly, and David S. Osterman (jkm) [Transferred from Georgia Northern on 3/26/2019.]
January 16, 2018 Opinion or Order Filing 20 ORDER GRANTING #19 Unopposed Motion for Extension of Time to and including 1/26/18 to respond to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement. Signed by Judge Timothy C. Batten, Sr on 1/16/18. (jlm) [Transferred from Georgia Northern on 3/26/2019.]
January 15, 2018 Filing 19 Unopposed MOTION for Extension of Time For Plaintiff To Respond to Defendants' Motion to Dismiss re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement by Easoon USA, LLC. (Attachments: #1 Text of Proposed Order)(Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
January 15, 2018 Filing 18 Withdrawal of Motion #17 MOTION for Extension of Time For Plaintiff To Respond to Defendants' Motion to Dismiss re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement filed by Easoon USA, LLC filed by Easoon USA, LLC. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
January 12, 2018 Filing 17 MOTION for Extension of Time For Plaintiff To Respond to Defendants' Motion to Dismiss re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement by Easoon USA, LLC. (Attachments: #1 Exhibit A - Electronic Mail Exchange, #2 Exhibit B - Proposed Order)(Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
January 10, 2018 Filing 16 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 1/10/18. (rsh) [Transferred from Georgia Northern on 3/26/2019.]
January 9, 2018 Clerks Notation re #13 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) [Transferred from Georgia Northern on 3/26/2019.]
January 8, 2018 Filing 15 APPLICATION for Admission of John M. Schafer Pro Hac Vice (Application fee $ 150, receipt number 113E-7608733)by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
January 8, 2018 Filing 14 APPLICATION for Admission of Thomas G. Pasternak Pro Hac Vice (Application fee $ 150, receipt number 113E-7608712)by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
January 8, 2018 Filing 13 Certificate of Interested Persons by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
January 4, 2018 Filing 12 NOTICE of Appearance by Katrina M. Quicker on behalf of Mark Clifton, Brett Kelly, David S. Osterman (Quicker, Katrina) [Transferred from Georgia Northern on 3/26/2019.]
December 29, 2017 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement with Brief In Support by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Brief, #2 Exhibit A Delaware Complaint, #3 Exhibit B Delaware Amended Complaint, #4 Text of Proposed Order)(Grier, Jason) . Added MOTION to Transfer Case, MOTION for More Definite Statement on 1/29/2018 (ddm). [Transferred from Georgia Northern on 3/26/2019.]
December 21, 2017 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time through 12/29/17 for Dfts to answer #1 Complaint. Signed by Judge Timothy C. Batten, Sr on 12/21/17. (rsh) [Transferred from Georgia Northern on 3/26/2019.]
December 19, 2017 Filing 9 Unopposed MOTION for Extension of Time to Respond to Complaint by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Text of Proposed Order)(Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.]
December 11, 2017 Filing 8 Return of Service Executed by Easoon USA, LLC. Brett Kelly served on 12/4/2017, answer due 12/26/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
December 8, 2017 Filing 7 Return of Service Executed by Easoon USA, LLC. Mark Clifton served on 11/28/2017, answer due 12/19/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
December 5, 2017 Filing 6 Return of Service Executed by Easoon USA, LLC. David S. Osterman served on 11/28/2017, answer due 12/19/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.]
November 17, 2017 Filing 5 AO Form 120 forwarded to Commissioner. (eop) [Transferred from Georgia Northern on 3/26/2019.]
November 17, 2017 Filing 4 Electronic Summons Issued as to David S. Osterman. (eop) [Transferred from Georgia Northern on 3/26/2019.]
November 17, 2017 Filing 3 Electronic Summons Issued as to Mark Clifton. (eop) [Transferred from Georgia Northern on 3/26/2019.]
November 17, 2017 Filing 2 Electronic Summons Issued as to Brett Kelly. (eop) [Transferred from Georgia Northern on 3/26/2019.]
November 17, 2017 Filing 1 COMPLAINT with Jury Demand, filed by Easoon USA, LLC; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-7515125.) (Attachments: #1 Ex -A- Patent 578, #2 Exhibit -B -B. Kelly Offer Letter, #3 Ex -C - B. Kelly Linkedin Profile, #4 Ex -D - B. Kelly Facebook, #5 Ex -E - M. Clifton Linkedin Page, #6 Ex -F - D. Osterman Linkedin Page, #7 Ex -G - Email Exchange, #8 Ex -H - May 5, 2017 Facebood Post, #9 Ex -I - Kelly %/31/17 and 6/2/17 Facebook Post, #10 Ex -J - Delaware Secretary of State Details, #11 Ex - K - Juve 15, 2017 Facebook Post, #12 Ex -L - Kelly 6/20/17 Facebook Post, #13 Ex -M - Kelly 6/20/17 Facebook Page, #14 Ex -N - Kelly 6/22/17 Facebook Post, #15 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 3/26/2019.]

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Defendant: David S. Osterman
Represented By: David Ellis Moore
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Defendant: Mark Clifton
Represented By: David Ellis Moore
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Defendant: Brett Kelly
Represented By: David Ellis Moore
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Defendant: Steve Osterman
Represented By: David Ellis Moore
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Plaintiff: Easoon USA, LLC
Represented By: Sean T. O'Kelly
Represented By: Gerard M. O'Rourke
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