Wells v. Kessler Corporation et al
| Kerry S. Wells |
| Kessler Corporation, Charles C. McCloskey, Lincoln Corporation, David Mark Allen, Pal G. Conkey and Unknown Named Defendants |
| 4:2017cv02709 |
| November 13, 2017 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Audrey G. Fleissig |
| Patent |
| 28 U.S.C. ยง 1338 |
| Plaintiff |
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Filing
67
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion to dismiss is granted. ECF No. 47 . All claims against all parties having been resolved, the Court will enter a separate Order of Dismissal. Signed by District Judge Audrey G. Fleissig on 6/4/18. (KXS)
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Filing
36
MEMORANDUM AND ORDER: IT IS FURTHER ORDERED that Plaintiff's motion for leave to amend is GRANTED in part and DENIED in part, as set forth above. ECF No. 27 . The motion is GRANTED solely as to the following claims: (1) patent infringement against Defendant Charles C. McCloskey, Kessler Corporation, David Mark Allen, Paul G. Conley, Lincoln Industrial Corporation, Thomas S. Scott, Scott Allen Sanders, and Ayzik Grach, and (2) fraud against Defendant Charles C. McCloskey only. The mo tion is DENIED as to any claims against United States Patent and Trademark Office, Mary Ann Calabrese, or the Doe Defendants; any claims under 8 U.S.C. § 1324, the Racketeer Influenced and Corrupt Organizations Act, or the Missouri Uniform Tr ade Secrets Act; and any claim for fraud against any Defendant other than McCloskey, as such amendment would be futile. IT IS FURTHER ORDERED that the Clerk of Court shall file ECF No. 32 as Plaintiff's amended complaint, which will be deemed t o be limited in the manner set forth above. IT IS FURTHER ORDERED that Defendant Charles C. McCloskey's motion to dismiss the original complaint is DENIED as moot. ECF No. 6 . IT IS FURTHER ORDERED that, no later than 21 days from the date of this Memorandum and Order, Plaintiff shall, in accordance with Federal Rule of Civil Procedure 4, effect proper service on Defendants Kessler Corporation, David Mark Allen, Paul G. Conley, Lincoln Industrial Corporation, Thomas S. Scott, Scott All en Sanders, and Ayzik Grach, and file with the Court proof of such service. Failure to comply with this Order may result in the dismissal of Plaintiff's complaint as to these Defendants without prejudice. Signed by District Judge Audrey G. Fleissig on March 12, 2018. (BRP)
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Filing
28
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, on or before January 26, 2018, Plaintiff shall file a new proposed amended complaint in connection with his most recent motion for leave to file an amended complaint (ECF No. 27 ). Failure to compl y will result in the denial of Plaintiffs motion for leave to amend. IT IS FURTHER ORDERED that any opposition to Plaintiffs motion for leave to amend shall be due within seven days after the date on which Plaintiff files his proposed amended comp laint; and Plaintiff shall have seven days thereafter to file any reply. IT IS FURTHER ORDERED that Plaintiffs previously filed motions for leave to amend and supplemental motions are DENIED as moot. ECF Nos. 21 , 22 , 24 & 26 . The Clerk of Co urt shall also strike Plaintiffs previously filed proposed amended complaint (ECF No. 17 ). IT IS FURTHER ORDERED that, other than the new proposed amended complaint and any reply brief in connection with the pending motion for leave to amend (ECF No. 27 ), as set for the above, Plaintiff shall not file any further motion for leave to amend or supplement thereto until the Court rules on the pending motion for leave to amend. Signed by District Judge Audrey G. Fleissig on 01/19/2018. (KCB)
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Filing
19
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to File Amended Complaint is DENIED. ECF No. 18 . On or before January 18, 2018, Plaintiff shall file a properly supported motion for leave to amend his complaint, setti ng forth the nature of the amendment, including any change in parties, legal claims, or factual allegations, and explaining the reasons therefore. Failure to comply with this Order will result in the Court striking the Proposed Amended Complaint (ECF No. 17 ). IT IS FURTHER ORDERED that Plaintiffs pro se motion for subpoenas is DENIED. ECF No. 16 . Signed by District Judge Audrey G. Fleissig on 01/04/2018. (KCB)
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Filing
15
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs pro se Motion for Default Judgment is DENIED. ECF No. 13 .. Signed by District Judge Audrey G. Fleissig on 12/26/2017. (NEP)
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