TSUPKO v. KINETIC ADVANTAGE LLC
| VICTOR TSUPKO doing business as VICTORY MOTORS INC. |
| KINETIC ADVANTAGE, LLC |
| 1:2024cv01210 |
| July 19, 2024 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Tanya Walton Pratt |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 28 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) |
| Filing 27 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) |
| Filing 26 Case transferred in from District of Virginia Eastern; Case Number 1:24-cv-00361. Original file copy of transfer order and docket sheet received. |
Filing 25
ORDER, for the reasons stated from the bench, Deft's #7 Motion to Transfer Case is GRANTED; this civil action be and is TRANSFERRED to the Southern District of Indiana. Signed by District Judge Patricia Tolliver Giles on 07/18/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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| Filing 24 Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 7/18/2024.Appearances of Counsel for Plaintiff and Counsel for Defendant.Re: #7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case filed by Kinetic Advantage LLC - MATTER ARGUED AND GRANTED - CASE WILL BE TRANSFERRED TO INDIANA - ORDER TO FOLLOW.Court Reporter: S. Wallace (pmil, ) (Main Document 24 replaced on 7/18/2024) (pmil, ). [Transferred from Virginia Eastern on 7/19/2024.] |
| Case transferred to District of Southern District of Indiana. Original file, certified copy of transfer order, and docket sheet sent. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 23 Memorandum in Opposition re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (Attachments: #1 Proposed Order Proposed Order denying motion)(Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 22 Response to #17 Memorandum Defendant's Response to Plaintiff's Memorandum in Support of Motion to Notify Court of Related Case in Indiana Hamilton County filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 21 Memorandum in Support re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case Supplemental Memorandum in Accordance with The Court's June 10, 2024, Order filed by Kinetic Advantage LLC. (Attachments: #1 Exhibit A)(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
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Filing 20
ORDER that Pltf's request for supplemental briefing on and the continuance of the hearing on the #7 Motion is GRANTED; within 10 days of entry of this Order, Deft shall file supplemental briefing regarding Deft's pending Motion (Dkt. 7) that includes Indiana law; Pltf shall file a response to Deft's supplemental brief within 10 days. Pltf is also ORDERED to address whether Victory Motors Inc. is a party to this lawsuit, and if it is not, how Victor Tsupko has standing to bring the claims pleaded in the Complaint to enable this Court to exercise subject matter jurisdiction; the hearing currently set for Wednesday, 06/12/2024, at 10:00 AM be CONTINUED to Thursday, 07/18/2024, at 10:00 a.m. (see Order for details). Signed by District Judge Patricia Tolliver Giles on 06/10/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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| Filing 19 Memorandum Supplementing Opposition to #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 18 NOTICE of Appearance by Adam James Bacon on behalf of Victor Tsupko (Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.] |
| Reset Deadline as to #7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case . Motion Hearing set for 7/18/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (PER ORDER OF 06/10/24-PTG) (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 17 Memorandum in Support of Motion to Notify Court of Related Case in Indiana Hamilton County filed by Victor Tsupko. (Attachments: #1 Affidavit of Victor V. Tsupko)(Sbro, ) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 16 RESPONSE in Opposition in re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (Attachments: #1 Affidavit)(Sbro, ) [Transferred from Virginia Eastern on 7/19/2024.] |
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Filing 15
ORDER that the Court will address the Deft's #7 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, MOTION to Transfer Case on Wednesday, 06/12/2024 at 10:00 a.m. Signed by District Judge Patricia Tolliver Giles on 05/24/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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| Reset Deadlines as to #7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case . Motion Hearing set for 6/12/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 14 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
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Filing 13
ORDER that Kinetic Advantage LLC's #11 Motion for Extension of Time to File Reply to #10 Pltf's Opposition to Deft's Motion to Dismiss is hereby GRANTED. Kinetic Advantage LLC shall file its Reply on or before 05/20/2024. Signed by District Judge Patricia Tolliver Giles on 05/16/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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| Filing 12 Memorandum in Support re #11 MOTION for Extension of Time to File Response/Reply as to #10 Memorandum in Opposition filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #10 Memorandum in Opposition by Kinetic Advantage LLC. (Attachments: #1 Proposed Order Proposed Order)(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 10 Memorandum in Opposition re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (swil) [Transferred from Virginia Eastern on 7/19/2024.] |
| Set Deadline as to #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case . Motion Hearing set for 5/30/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (triv) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 9 Notice of Hearing Date May 30, 2024 re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 8 Memorandum in Support re #7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 7 MOTION to Dismiss for Failure to State a Claim with Roseboro,., MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., MOTION to Transfer Case by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
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Filing 6
ORDER granting #3 Motion to Set a Deadline for Responsive Pleadings and Motions, Or, In The Alternative, Motion for Extension of Time to File a Responsive Pleadings. ORDERED that defendant shall file an answer to the Complaint, or other responsive pleading, by April 24, 2024. Signed by Magistrate Judge Lindsey R. Vaala on 04/03/2024. (wgar, ) [Transferred from Virginia Eastern on 7/19/2024.]
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| Filing 5 Financial Interest Disclosure Statement (Local Rule 7.1) by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 4 Memorandum in Support re #3 MOTION for Extension of Time to File Answer re #1 Complaint Motion to Set a Deadline for Responsive Pleadings and Motions or, in the Alternative, Motion for Extension of Time to File Responsive Pleadings filed by Kinetic Advantage LLC. (Attachments: #1 Exhibit A)(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 3 MOTION for Extension of Time to File Answer re #1 Complaint Motion to Set a Deadline for Responsive Pleadings and Motions or, in the Alternative, Motion for Extension of Time to File Responsive Pleadings by Kinetic Advantage LLC. (Attachments: #1 Proposed Order Proposed Order)(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 2 Summons Issued as to Kinetic Advantage LLC to be served by certified mail (Sbro) [Transferred from Virginia Eastern on 7/19/2024.] |
| Filing 1 COMPLAINT against Kinetic Advantage LLC ( Filing fee $ 405, receipt number 100006102.), filed by Victor Tsupko. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Receipt)(Sbro) [Transferred from Virginia Eastern on 7/19/2024.] |
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| Plaintiff: VICTOR TSUPKO doing business as VICTORY MOTORS INC. | |
| Represented By: | Adam James Bacon |
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| Defendant: KINETIC ADVANTAGE, LLC | |
| Represented By: | Katherine Marguerite Lennon |
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