Easoon USA, LLC v. Kelly et al
| Easoon USA, LLC |
| David S. Osterman, Mark Clifton, Brett Kelly and Steve Osterman |
| 1:2017cv04615 |
| November 17, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Timothy C Batten |
| William M Ray |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2019. A more recent docket listing may be available from PACER.
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| New Civil Action Number in USDC DE 1:19-cv-0564 (aar) |
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)
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| Civil Case Terminated. (rlb) |
| Case electronically transferred to the District of Delaware. (rlb) |
| 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) |
| 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) |
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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)
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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)
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| Filing 29 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Easoon USA, LLC. (Hoopes, Scott) |
| Filing 28 Unopposed Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) |
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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)
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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) |
| Clerk's Certificate of Mailing as to Evelina Gentry re #27 Order on Application for Admission PHV. (jpa) |
| 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) |
| 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) |
| 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) |
| Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement MOTION to Transfer CaseMOTION for More Definite Statement, to District Judge William M Ray II. (adg) |
| 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) |
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Filing 25
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 6/29/2018. (bgt)
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| Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,Transfer, or for a More Definite Statement to District Judge Michael L. Brown. (sap) |
| 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) |
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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)
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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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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) |
| 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) |
| 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) |
| Filing 16 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 1/10/18. (rsh) |
| Clerks Notation re #13 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| 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) |
| 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) |
| Filing 13 Certificate of Interested Persons by Mark Clifton, Brett Kelly, David S. Osterman. (Grier, Jason) |
| Filing 12 NOTICE of Appearance by Katrina M. Quicker on behalf of Mark Clifton, Brett Kelly, David S. Osterman (Quicker, Katrina) |
| 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). |
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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)
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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) |
| Filing 8 Return of Service Executed by Easoon USA, LLC. Brett Kelly served on 12/4/2017, answer due 12/26/2017. (Hoopes, Scott) |
| Filing 7 Return of Service Executed by Easoon USA, LLC. Mark Clifton served on 11/28/2017, answer due 12/19/2017. (Hoopes, Scott) |
| 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) |
| Filing 5 AO Form 120 forwarded to Commissioner. (eop) |
| Filing 4 Electronic Summons Issued as to David S. Osterman. (eop) |
| Filing 3 Electronic Summons Issued as to Mark Clifton. (eop) |
| Filing 2 Electronic Summons Issued as to Brett Kelly. (eop) |
| 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. |
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