Linton v. Naadam Inc.
Plaintiff: BRIAN LINTON
Defendant: NAADAM INC.
Case Number: 1:2024cv00094
Filed: January 25, 2024
Court: US District Court for the District of Delaware
Presiding Judge: Gregory B Williams
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2024 Filing 40 REDACTED VERSION of #37 Declaration of Matthew Scanlan in Support of Defendant Naadam Inc.'s Motion to Dismiss by Naadam Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Firth, William)
March 11, 2024 Filing 39 REDACTED VERSION of #36 MEMORANDUM in Support, of its Motion to Dismiss Plaintiff''s Complaint by Naadam Inc.. (Firth, William)
March 8, 2024 Filing 38 MOTION to Stay Pending Resolution of Motion to Dismiss - filed by Naadam Inc.. (Attachments: #1 Text of Proposed Order)(Firth, William)
March 8, 2024 Filing 37 [SEALED] DECLARATION re #35 MOTION to Dismiss for Failure to State a Claim by Naadam Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Firth, William)
March 8, 2024 Filing 36 [SEALED] MEMORANDUM in Support re #35 MOTION to Dismiss for Failure to State a Claim filed by Naadam Inc..Answering Brief/Response due date per Local Rules is 3/22/2024. (Attachments: #1 Certificate of Service)(Firth, William)
March 8, 2024 Filing 35 MOTION to Dismiss for Failure to State a Claim - filed by Naadam Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Firth, William)
February 22, 2024 Opinion or Order SO ORDERED, re #33 STIPULATION and Proposed Order Governing Deadlines for Briefing on Motion to Dismiss and Stay Discovery and that the November 13, 2023 Sealing Order Remains in full force and effect filed by Naadam Inc. Signed by Judge Gregory B. Williams on 2/22/24. (ntl)
February 21, 2024 Filing 34 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Naadam Inc.. (Firth, William)
February 21, 2024 Filing 33 STIPULATION and Proposed Order Governing Deadlines for Briefing on Motion to Dismiss and Stay Discovery and that the November 13, 2023 Sealing Order Remains in full force and effect re #21 Order on Motion to Dismiss,,, Order on Motion to Stay,, by Naadam Inc.. (Firth, William)
February 21, 2024 Filing 32 Joint STATEMENT Concerning Transferred Case by Naadam Inc.. (Firth, William)
February 21, 2024 Opinion or Order SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Stephen G. Bresset filed by Brian Linton. Signed by Judge Gregory B. Williams on 2/21/24. (ntl)
February 20, 2024 Filing 31 Pro Hac Vice Fee - Credit Card Payment received for Stephen G. Bresset. ( re #30 MOTION for Pro Hac Vice Appearance of Attorney Stephen G. Bresset )( Payment of $ 50, receipt number ADEDC-4342426).(Carbino, Jeffrey)
February 20, 2024 Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Stephen G. Bresset - filed by Brian Linton. (Carbino, Jeffrey)
February 20, 2024 Filing 29 NOTICE of Appearance by Jeffrey M. Carbino on behalf of Brian Linton (Carbino, Jeffrey)
February 20, 2024 Opinion or Order Filing 28 ORAL ORDER: The Court has reviewed Defendant's request for a teleconference to set a briefing schedule for a motion to dismiss. D.I. 27. The request is DENIED. The briefing schedule for Defendant's motion, like any motion, is provided in the Local Rules. See Local Rule 7.1.2. If the parties wish to agree to a different briefing schedule, they may submit a stipulation and proposed order for the Court's consideration. ORDERED by Judge Gregory B. Williams on 2/20/24. (ntl)
February 16, 2024 Filing 27 Letter to The Honorable Gregory B. Williams from William R. Firth, III, Esq. regarding request conference to discuss a briefing schedule for Defendants Motion to Dismiss. (Firth, William)
February 1, 2024 Opinion or Order SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney Deanna L. Koestel filed by Naadam Inc. Signed by Judge Gregory B. Williams on 2/1/24. (ntl)
January 31, 2024 Filing 26 MOTION for Pro Hac Vice Appearance of Attorney Deanna L. Koestel - filed by Naadam Inc.. (Firth, William)
January 31, 2024 Filing 25 Pro Hac Vice Fee - Credit Card Payment received for Deanna L. Koestel. ( Payment of $ 50, receipt number ADEDC-4326615).(Firth, William)
January 31, 2024 Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)
January 30, 2024 Filing 24 NOTICE of Appearance by William R. Firth, III on behalf of Naadam Inc. (Firth, William)
January 25, 2024 Filing 23 Local Counsel Letter sent. Notice of Compliance deadline set for 2/26/2024. (jfm)
January 25, 2024 Filing 22 Record of case transferred in from District of Pennsylvania Eastern; Case Number in Other District: 2:23-cv-03535. Copy of Docket Sheet and original file
January 25, 2024 Opinion or Order Filing 21 ORDER THAT DEFENDANT'S #9 MOTION TO DISMISS OR ALTERNATIVELY, TO TRANSFER VENUE TO THE DISTRICT COURT OF DELAWARE IS GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART AS FOLLOWS: A. DEFNDANT'S MOTION TO TRANSFER VENUE #9 IS GRANTED AND ACCORDINGLY, THIS CASE IS TRANSFERRED TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE. B. DEFENDANT'S MOTION TO DISMISS #9 IS DENIED WITHOUT PREJUDICE IN ALL OTHER RESPECTS TO REFILE IN THE DISTRICT OF DELAWARE. DEFENDANT NAADAM, INC.'S #18 MOTION TO STAY DISCOVERY IS DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE KAI N. SCOTT ON 1/25/24.1/25/24 ENTERED & E-MAILED.(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
January 18, 2024 Filing 20 NOTICE OF HEARING. RE:A STATUS CONFERENCE IS SET FOR 1/24/24 AT 1:30 PM (VIA TELEPHONE) BEFORE HONORABLE KAI N. SCOTT. (Attachments: #1 status report form)(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
January 17, 2024 Filing 19 Objections by BRIAN LINTON re #18 MOTION to Stay Discovery, #17 Notice of Hearing Limited Joinder of Plaintiff Brian Linton to Motion of the Defendant Naadam. (Attachments: #1 Certificate of Service)(BRESSET, STEPHEN) [Transferred from Pennsylvania Eastern on 1/25/2024.]
January 17, 2024 Filing 18 MOTION to Stay Discovery filed by NAADAM INC..Memorandum, Certification of Service. (Attachments: #1 Memorandum of Law in Support, #2 Text of Proposed Order, #3 Certificate of Service)(KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
January 11, 2024 Filing 17 NOTICE OF HEARING. Re:An Initial Pretrial Conference is set for 2/8/24 at 10:00 am - in Chambers - Room 5614- BEFORE HONORABLE KAI N. SCOTT. (Attachments: #1 rule26f fillable form)(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
December 21, 2023 Filing 16 REPLY Memorandum of Law Filed Under Seal to Response to Motion re #9 MOTION to Dismiss filed by NAADAM INC. **(FILED UNDER SEAL)** (tjd) (tjd). [Transferred from Pennsylvania Eastern on 1/25/2024.]
December 21, 2023 Filing 15 RESPONSE in Support re #9 MOTION to Dismiss filed by NAADAM INC.. (Attachments: #1 Certificate of Service)(KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
December 14, 2023 Filing 14 RESPONSE to Motion re #9 MOTION to Dismiss filed by BRIAN LINTON. (Attachments: #1 Memorandum, #2 Affidavit, #3 Proposed Order, #4 Certificate of Service)(BRESSET, STEPHEN) [Transferred from Pennsylvania Eastern on 1/25/2024.]
December 7, 2023 Opinion or Order Filing 13 STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF BRIAN LINTON TO ANSWER, MOVE OR OTHERWISE RESPOND TO DEFENDANT'S MOTION TO DISMISS IS EXTENDED UNTIL 12/14/23. SIGNED BY HONORABLE KAI N. SCOTT ON 12/7/23. 12/7/23 ENTERED & E-MAILED.(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
November 28, 2023 Filing 12 STIPULATION re #9 MOTION to Dismiss by BRIAN LINTON. (BRESSET, STEPHEN) [Transferred from Pennsylvania Eastern on 1/25/2024.]
November 15, 2023 Filing 11 Memorandum of Law in Support Filed Under Seal re #9 MOTION to Dismiss filed by NAADAM INC. Exhibits A and B. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 11/15/2023: #1 sealed document, #2 sealed document) (tjd). [Transferred from Pennsylvania Eastern on 1/25/2024.]
November 15, 2023 Filing 10 CERTIFICATE OF SERVICE by NAADAM INC. re #9 MOTION to Dismiss (KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
November 15, 2023 Filing 9 MOTION to Dismiss filed by NAADAM INC..Memorandum, Declaration. (Attachments: #1 Memorandum of Law in Support - Redacted, #2 Declaration of Matthew Scanlan, #3 Text of Proposed Order)(KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
November 13, 2023 Opinion or Order Filing 8 ORDER THAT DEFENDANT NAADAM, INC.'S APPLICATION IS GRANTED. THE SAND SHACK, LLC SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT AND THE MAY 12, 2022 SERIES B PREFERRED UNIT PURCHASE AGREEMENT ARE SEALED UNTIL OTHERWISE ORDERED BY THE COURT. ALL SUBSEQUENT DOCUMENTS THAT ATTACH, QUOTE FROM, OR MAKE REFERENCE TO INFOMRATION IN THE SAND SHACK, LLC SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OR THE MAY 12, 2022 SERIES B PREFERRED UNIT PURCHASE AGREEMENT SHALL BE FILED IN REDACTED FORM, WITH UNREDACTED VERSIONS TO BE FILED UNDER SEAL; AND THE COURT RESERVES ITS INHERENT POWER TO MODIFY THE TERMS OF THIS ORDER AND PERMIT THE DISCLOSURE OF INFORMATION IN THE INTEREST OF JUSTICE. SIGNED BY HONORABLE KAI N. SCOTT ON 11/13/23.11/13/23 ENTERED & E-MAILED.(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
October 31, 2023 Filing 7 EXHIBITS A and B Filed Under Seal re #6 Declaration filed by NAADAM INC. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 10/31/2023: #1 sealed document) (tjd). [Transferred from Pennsylvania Eastern on 1/25/2024.]
October 31, 2023 Filing 6 MOTION to Seal Document filed by NAADAM INC..Memorandum, Declaration, Proposed form of Order. (Attachments: #1 Memorandum of Law in Support of Motion to Seal Confidential Documents, #2 Declaration of M. Scanlan ISO Motion to Seal, #3 Text of Proposed Order)(KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
October 6, 2023 Opinion or Order Filing 5 STIPULATION AND ORDER THAT DEFENDANT, NAADAM INC. HAS AN EXTENSION OF TIME, UNTIL 11/15/23, TO FILE AN ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT #1 . SIGNED BY HONORABLE KAI N. SCOTT ON 10/6/23. 10/6/23 ENTERED & E-MAILED.(fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
October 5, 2023 Filing 4 STIPULATION re #1 Complaint (Attorney) Extending Time to Answer by NAADAM INC.. (KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
October 5, 2023 Filing 3 NOTICE of Appearance by DEANNA L. KOESTEL on behalf of NAADAM INC. (KOESTEL, DEANNA) [Transferred from Pennsylvania Eastern on 1/25/2024.]
September 13, 2023 Filing 2 Summons Issued as to NAADAM INC.. Forwarded To: Stephn G. Bresset on 9/13/23 (fdc) [Transferred from Pennsylvania Eastern on 1/25/2024.]
September 12, 2023 Filing 1 COMPLAINT against NAADAM INC. ( Filing fee $ 402 receipt number APAEDC-16938949.), filed by BRIAN LINTON. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(BRESSET, STEPHEN) [Transferred from Pennsylvania Eastern on 1/25/2024.]

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Plaintiff: BRIAN LINTON
Represented By: Jeffrey M. Carbino
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Defendant: NAADAM INC.
Represented By: William R. Firth, III
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