Easoon USA, LLC v. Kelly et al
Easoon USA, LLC |
David S. Osterman, Mark Clifton, Brett Kelly and Steve Osterman |
1:2019cv00564 |
March 25, 2019 |
US District Court for the District of Delaware |
Richard G Andrews |
Matthew F Kennelly |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 49 JUDGMENT in favor of Easoon USA, LLC against Brett Kelly, David S. Osterman, Mark Clifton (CASE CLOSED). Signed by Judge Matthew F Kennelly on 6/13/2023. (apk) |
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CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated March 3, 2022, regarding disclosure of confidential ADR communications. A link to the standing orders is provided here for your convenience at #https://www.ded.uscourts.gov/court-info/local-rules-and-orders/general-orders. Associated Cases: 1:17-cv-01574-MFK, 1:19-cv-00564-MFK(dat) |
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Case Reassigned to Judge Matthew F Kennelly of the United States District Court for the Northern District of Illinois. Please include the initials of the Judge (MFK) after the case number on all documents filed. Associated Cases: 1:17-cv-01574-MFK, 1:19-cv-00564-MFK (rjb) |
CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's #Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. 652(b). Associated Cases: 1:17-cv-01574-RGA, 1:19-cv-00564-RGA(Taylor, Daniel) |
CORRECTING ENTRY: The Report and Recommendation filed at D.I. 45 has been removed from the docket per the directives at D.I. #43 . (nms) |
Filing 44 NOTICE of Service of Plaintiffs First Set of Requests for Production of Documents to Defendants Brett Kelly, Mark Clifton and David Osterman, A/k/a Steve Osterman, filed by Easoon USA, LLC.(O'Rourke, Gerard) Modified on 11/21/2019 (nms). |
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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) |
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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) |
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) |
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) |
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) |
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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
Filing 36 Local Counsel Letter sent. Notice of Compliance deadline set for 4/25/2019. (nmg) |
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 |
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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.] |
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.] |
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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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
Filing 13 Certificate of Interested Persons by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.] |
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.] |
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.] |
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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.] |
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.] |
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.] |
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.] |
Filing 5 AO Form 120 forwarded to Commissioner. (eop) [Transferred from Georgia Northern on 3/26/2019.] |
Filing 4 Electronic Summons Issued as to David S. Osterman. (eop) [Transferred from Georgia Northern on 3/26/2019.] |
Filing 3 Electronic Summons Issued as to Mark Clifton. (eop) [Transferred from Georgia Northern on 3/26/2019.] |
Filing 2 Electronic Summons Issued as to Brett Kelly. (eop) [Transferred from Georgia Northern on 3/26/2019.] |
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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