Kingston v. Gordon et al.
| Molly M. Kingston |
| The Harmony Group, II, LLC, Virgin Produced 2.0, LLC, Surf's Up Legacy Partners, LLC, Bryan E. Gordon and VP Investco (KAABOO), LLC |
| 1:2020cv00564 |
| April 27, 2020 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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| CASE CLOSED per D.I. #52 . (nmf) |
| Filing 52 NOTICE of Voluntary Dismissal by Molly M. Kingston as to all Defendants without prejudice (Rostocki, Brian) |
| Filing 51 NOTICE of Appearance by Brian M. Rostocki on behalf of Molly M. Kingston (Rostocki, Brian) |
| Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 50 NOTICE of Appearance by David J. Margules on behalf of Bryan E. Gordon (Margules, David) |
| Filing 49 NOTICE of Appearance by Jessica C. Watt on behalf of Bryan E. Gordon (Watt, Jessica) |
| 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 48 Local Counsel Letter sent. Notice of Compliance deadline set for 5/27/2020. (nmg) |
| Filing 47 Record of case transferred in from District of Colorado; Case Number in Other District: 1:20-cv-00788. Copy of Docket Sheet and original file |
Filing 46
ORDER TRANSFERRING CASE TO THE DISTRICT OF DELAWARE. The motion to transfer venue (Doc. #24 ) is GRANTED. No hearing is necessary. (See Doc. #45 .) This case shall be TRANSFERRED to the United States District Court for the District of Delaware. By Judge Daniel D. Domenico on 04/27/2020. (athom, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 45 NOTICE re #24 MOTION to Transfer Case Request for Telephonic Hearing by Plaintiff Molly M. Kingston (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 44 SUMMONS REQUEST as to Surf's Up Legacy Partners LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 43 SUMMONS REQUEST as to VP Investco (KAABOO), LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 42 SUMMONS REQUEST as to Virgin Produced 2.0, LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 41 SUMMONS REQUEST as to The Harmony Group II, LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 40 Administrative Notice: The #36 , #37 , #38 , and #39 Summonses submitted are incomplete and will not be issued - all defendants must be listed in the caption - et al can not be used. Please complete the forms for issuance using the event Summons Request. (Text Only Entry) (athom, ) [Transferred from Colorado on 4/27/2020.] |
| Filing 39 SUMMONS REQUEST as to VP Investco (KAABOO), LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 38 SUMMONS REQUEST as to Virgin Produced 2.0, LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 37 SUMMONS REQUEST as to The Harmony Group II LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 36 SUMMONS REQUEST as to Surf's Up Legacy Partners, LLC by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 35 AMENDED COMPLAINT against Bryan E. Gordon, The Harmony Group, II, LLC, Virgin Produced 2.0, LLC, VP Investco (KAABOO), LLC, Surf's Up Legacy Partners, LLC, filed by Molly M. Kingston.(Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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Filing 34
MINUTE ORDER Per the request of the parties, this matter is set for a Telephonic Discovery Hearing on 4/28/2020 10:00 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the hearing by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. Pursuant to Magistrate Judge Varholak's Practice Standards, on or before 4/24/2020, the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov, a brief joint statement setting forth the issue(s) in dispute. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/22/2020. Text Only Entry (stvlc1, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 33 REPLY to Response to #24 MOTION to Transfer Case filed by Defendant Bryan E. Gordon. (Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
| Filing 32 RESPONSE to #24 MOTION to Transfer Case filed by Plaintiff Molly M. Kingston. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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Filing 31
STIPULATED PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 4/10/2020. (jgonz, ) [Transferred from Colorado on 4/27/2020.]
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Filing 30
ORDER granting #28 Motion for Protective Order, by Magistrate Judge Scott T. Varholak on 4/10/2020. Text Only Entry(stvlc1, ) [Transferred from Colorado on 4/27/2020.]
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Filing 29
ORDER REFERRING MOTION: #28 Stipulated MOTION for Protective Order filed by Bryan E. Gordon. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 4/10/2020. Text Only Entry (dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 28 Stipulated MOTION for Protective Order by Defendant Bryan E. Gordon. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Order Protecting Confidential Information)(Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
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Filing 27
PRELIMINARY SCHEDULING ORDER. The hearing on Ms. Kingston's motion for a preliminary injunction is hereby VACATED. The Court will reach out to the parties to set a new hearing date. By Judge Daniel D. Domenico on 04/06/2020. (athom, ) Modified on 4/16/2020 to correct text (athom, ). [Transferred from Colorado on 4/27/2020.]
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Filing 26
STIPULATED TEMPORARY RESTRAINING ORDER. By agreement of the parties, this Revised Temporary Restraining Order shall remain in effect until the earlier of 5:00 p.m. (M.D.T.) on June 15, 2020 or the conclusion of a Preliminary Injunction hearing, which will be set by the Court at a later time. By Judge Daniel D. Domenico on 04/06/2020. (athom, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 25 STIPULATION re #2 MOTION for Temporary Restraining Order and for Preliminary Injunction under FRCP 65 and for Expedited Discovery Under FRCP 26(b) and (d)(1) by Defendant Bryan E. Gordon. (Attachments: #1 Proposed Document Stipulated Temporary Restraining Order)(Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
| Filing 24 MOTION to Transfer Case by Defendant Bryan E. Gordon. (Attachments: #1 Affidavit Declaration in Support of Motion to Transfer)(Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
| Filing 23 STATUS REPORT by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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Filing 22
MINUTE ORDER: This matter is before the Court sua sponte. The Court has set this matter for a hearing on Plaintiffs motion for a preliminary injunction to take place on 4/7/2020 at 10:00 a.m. Because of the continuing complications caused by COVID-19 Coronavirus, and in light of General Order 2020-3, pursuant to which the Court must limit in-court proceedings in civil cases to the extent possible, the hearing will be telephonic. Dial-in information: Number 866-390-1828; Access Code 9792296#. All participants shall connect using a landline. Connecting via cell phone is prohibited.The hearing will proceed as follows: Each party will have three hours of presentation time (including opening statements, closing statements, direct examination, and cross examination) to use as that party wishes. The courtroom deputy will be keeping time on a chess clock. The parties may inquire as to their remaining time on any breaks. If the parties intend to present evidence at the hearing, by 12:00 p.m. (noon) on 4/6/2020, the parties shall file jointly file, on the record, proposed exhibit and witness lists. They shall, on that date and time, further jointly provide the Court with their exhibits electronically in separate PDFs (e.g., Ex 1 Contract, Ex 2 E-mail, Ex 3 E-mail etc.). The parties shall provide their exhibits, in a single zip file or zip folder by e-mail to domenico_chambers@cod.uscourts.gov. For witnesses, the parties are themselves responsible for ensuring that the witnesses under their control are able to be properly sworn according to the rules of the state in which that witness is testifying. The Courts courtroom deputy cannot swear in the witnesses telephonically.Finally, the parties have indicated they are working to agree upon a proposed stipulated temporary restraining order and may seek to transfer this case to another judicial district. The parties are ORDERED to file either documents to that effect or a status report concerning their progress by 5:00 p.m. on 4/3/2020. To the extent the parties have agreed that this case should be transferred, they are relieved of further briefing on the motion for preliminary injunction. If no such agreement is in place, several deadlines are forthcoming. By 4/3/2020, Defendant must file responses to Plaintiffs motion for discovery and Plaintiffs motion for a preliminary injunction. By 4/7/2020, Plaintiff must file a reply. SO ORDERED by Judge Daniel D. Domenico on 4/2/2020. Text Only Entry (dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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Filing 21
ORDER granting #20 Motion. Defendant shall file his response to the motion for expedited discovery on or before 4/3/2020 at 5:00 p.m. SO ORDERED by Judge Daniel D. Domenico on 3/31/2020. Text Only Entry(dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 13 Order on Motion for Extension of Time to File, by Defendant Bryan E. Gordon. (Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
| Filing 19 NOTICE of Entry of Appearance of Counsel by Christopher Enrique Byer on behalf of Bryan E. GordonAttorney Christopher Enrique Byer added to party Bryan E. Gordon(pty:dft) (Byer, Christopher) [Transferred from Colorado on 4/27/2020.] |
| Filing 18 NOTICE of Entry of Appearance of Counsel by Andrew John Petrie on behalf of Bryan E. GordonAttorney Andrew John Petrie added to party Bryan E. Gordon(pty:dft) (Petrie, Andrew) [Transferred from Colorado on 4/27/2020.] |
| Filing 17 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #16 Notice of Entry of Appearance filed by attorney Sarah Block Wallace. This document does not contain attorney Petrie's or attorney Byer's s/ signatures. Pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases), Andrew John Petrie and Christopher Enrique Byer must re-file the above referenced document which must contain their s/ signatures using their own log ins and passwords. (Text Only Entry) (athom, ) [Transferred from Colorado on 4/27/2020.] |
| Filing 16 NOTICE of Entry of Appearance Of Counsel by Sarah Block Wallace on behalf of Bryan E. GordonAttorney Sarah Block Wallace added to party Bryan E. Gordon(pty:dft) (Wallace, Sarah) [Transferred from Colorado on 4/27/2020.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by Molly M. Kingston. Bryan E. Gordon waiver sent on 3/30/2020, answer due 5/29/2020. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 14 BOND posted by Plaintiff Molly M. Kingston. (Attachments: #1 Exhibit Power of Attorney)(Shaffer, Maxwell) (Additional attachment(s) added on 3/31/2020: #2 Receipt Number 94591, $47.00 for Registered POA Case No. 20-mc-00059) (athom, ). Modified on 3/31/2020 to add text and add receipt for POA (athom, ). [Transferred from Colorado on 4/27/2020.] |
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Filing 13
ORDER granting #12 Motion for Extension of Time to File. Plaintiff shall have until 5:00 p.m. Mountain Time on March 30, 2020 to serve Defendant. Proof of service shall be filed within twenty-four hours of service. Defendant shall have until March 31, 2020 to respond to Plaintiff's motion for expedited discovery. All other deadlines remain. SO ORDERED by Judge Daniel D. Domenico on 3/27/2020. Text Only Entry(dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 12 Second MOTION for Extension of Time to Serve Defendant Bryan E. Gordon by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Serve Defendant. Plaintiff shall have until 5:00 p.m. Mountain Time on 3/27/2020 to serve Defendant. Plaintiff shall file proof of service no later than twenty-four hours after service is effectuated. All other deadlines (see Doc. 7) remain in force. SO ORDERED by Judge Daniel D. Domenico on 3/27/2020. Text Only Entry(dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 10 MOTION for Extension of Time to Serve Defendant Bryan E. Gordon by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
| Filing 9 SUMMONS issued by Clerk. (athom, ) [Transferred from Colorado on 4/27/2020.] |
| Filing 8 SUMMONS REQUEST as to Bryan E. Gordon by Plaintiff Molly M. Kingston. (Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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Filing 7
TEMPORARY RESTRAINING ORDER re #2 Motion for TRO. This temporary restraining order SHALL REMAIN IN EFFECT until April 8, 2020 at 5:00 p.m. Mountain Time, unless sooner modified or rescinded. Ms. Kingston shall, upon receipt of this order and as immediately as practicable, but no later than Thursday, March 26, 2020 at 5:00 p.m. Mountain Time, serve Mr. Gordon with process and a copy of all filings in this case. Ms. Kingston, is ORDERED to deposit with the clerk of the court a bond in the amount of ten thousand dollars ($10,000.00) for the payment of such costs and damages as may be suffered by any party later found to have been wrongfully restrained. That bond shall be deposited on or before Monday, March 30, 2020 at 5:00 p.m. Mountain Time. Telephone Conference set for 4/7/2020 10:00 AM. PLEASE SEE ORDER FOR ADDITIONAL INFORMATION. By Judge Daniel D. Domenico on 03/25/2020. (athom, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 6 NOTICE of Entry of Appearance by Thomas Drew Leland on behalf of Molly M. KingstonAttorney Thomas Drew Leland added to party Molly M. Kingston(pty:pla) (Leland, Thomas) [Transferred from Colorado on 4/27/2020.] |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 3/24/2020. Text Only Entry (dddlc3, ) [Transferred from Colorado on 4/27/2020.]
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (alave, ) [Transferred from Colorado on 4/27/2020.] |
| Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (alave, ) [Transferred from Colorado on 4/27/2020.] |
| Filing 2 MOTION for Temporary Restraining Order and for Preliminary Injunction under FRCP 65 and for Expedited Discovery Under FRCP 26(b) and (d)(1) by Plaintiff Molly M. Kingston. (Attachments: #1 Exhibit 1)(Shaffer, Maxwell)[Transferred from Colorado on 4/27/2020.] |
| Filing 1 COMPLAINT against Bryan E. Gordon (Filing fee $ 400,Receipt Number 1082-7217579)Attorney Maxwell Norman Shaffer added to party Molly M. Kingston(pty:pla), filed by Molly M. Kingston. (Attachments: #1 Civil Cover Sheet)(Shaffer, Maxwell) [Transferred from Colorado on 4/27/2020.] |
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