Tumey L.L.P. et al v. Mycroft AI Inc. et al
| Tumey L.L.P. and Tod T. Tumey |
| Mycroft AI Inc., Michael Lewis and Joshua Montgomery |
| 4:2021cv00113 |
| February 24, 2021 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Roseann Ketchmark |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1030 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
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Filing 50
ORDER denying #46 motion to expedite. Signed on 4/23/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 49 NOTICE OF INTENT TO REDACT by Tod T. Tumey, Tumey L.L.P. re #39 Electronic Transcript. Redactions to transcript due by 5/3/2021 unless otherwise directed by the court. (Gilman, Stacey) |
| Filing 48 SUGGESTIONS in opposition re #46 MOTION to expedite Motion for Expedited Briefing on Mycroft's Motion (Doc. 44) filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. Reply suggestions due by 5/6/2021 unless otherwise directed by the court. (Related document(s) #46 ) (Gilman, Stacey) |
| Filing 47 REPLY SUGGESTIONS to motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Reid Day on behalf of Defendant Mycroft AI Inc.. (Related document(s) #28 ) (Day, Reid) |
| Filing 46 MOTION to expedite Motion for Expedited Briefing on Mycroft's Motion (Doc. 44) filed by Jean Paul Bradshaw, II on behalf of Mycroft AI Inc.. Suggestions in opposition/response due by 5/4/2021 unless otherwise directed by the court. (Bradshaw, Jean) |
| Filing 45 SUGGESTIONS in support re #44 MOTION to vacate #34 Order on Motion for TRO Motion to Vacate or Modify Preliminary Injunction and Stay or Suspend it Pending Appeal filed by Jean Paul Bradshaw, II on behalf of Defendant Mycroft AI Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #44 ) (Bradshaw, Jean) |
| Filing 44 MOTION to vacate #34 Order on Motion for TRO Motion to Vacate or Modify Preliminary Injunction and Stay or Suspend it Pending Appeal filed by Jean Paul Bradshaw, II on behalf of Mycroft AI Inc.. Suggestions in opposition/response due by 5/4/2021 unless otherwise directed by the court. (Related document(s) #34 ) (Bradshaw, Jean) |
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Filing 43
ORDER granting #42 motion to appear pro hac vice entered by Clerk of Court. Attorney Sunny S. Lee for Joshua Montgomery allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 42 Motion to allow Sunny S. Lee to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7384658) filed by Travis L. Salmon on behalf of Joshua Montgomery. (Salmon, Travis) |
| Filing 41 NOTICE of appearance by Travis L. Salmon on behalf of Joshua Montgomery (Attorney Travis L. Salmon added to party Joshua Montgomery(pty:dft))(Salmon, Travis) |
| Filing 40 REPLY SUGGESTIONS to motion re #17 MOTION to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Defendant Michael Lewis. (Related document(s) #17 ) (Bradshaw, Jean) |
| Filing 39 ELECTRONIC TRANSCRIPT of Evidentiary Hearing - Videoconference held 03/29/2021 before Judge Roseann Ketchmark. Court Reporter: Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. Number of pages: 168. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 4/22/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 7/14/2021. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Crawford, Jean) |
| Filing 38 SUGGESTIONS in opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. Reply suggestions due by 4/21/2021 unless otherwise directed by the court. (Related document(s) #28 ) (Gilman, Stacey) |
| Filing 37 BOND in the amount of $ 5,000.00 posted by Tumey L.L.P. (Ellis, Lindsey) |
| Filing 36 CERTIFICATE OF SERVICE by Tod T. Tumey, Tumey L.L.P. re #34 Order on Motion for TRO filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. Related document: #34 Order on Motion for TRO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gilman, Stacey) |
| Filing 35 SUGGESTIONS in opposition re #17 MOTION to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. Reply suggestions due by 4/16/2021 unless otherwise directed by the court. (Attachments: #1 Declaration of Eric M. Adams)(Related document(s) #17 ) (Gilman, Stacey) |
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Filing 34
ORDER granting #8 motion for preliminary injunction. Signed on 3/31/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 33 Minute Entry. Proceedings held before District Judge Roseann Ketchmark: EVIDENTIARY HEARING held on 3/29/2021. Counsel appearing for Plaintiffs: Stacey R. Gilman, Lauren Tallent. Counsel appearing for Defendants: Jean Paul Bradshaw, II, Reid Day, Tedrick A. Housh, III, Rasheed McWilliams, Spencer Persson. Time in court: 1:04 pm to 5:45 pm. Proceedings held as noted on the record. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara) |
| Filing 32 REPLY SUGGESTIONS to motion re #8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #8 ) (Gilman, Stacey) |
| Filing 31 updated NOTICE OF HEARING: (hearing modified to reflect videoconference) - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Evidentiary Hearing set for 3/29/2021 01:00 PM in Video Teleconference - Kansas City before District Judge Roseann Ketchmark. (Wheeler, LaTandra) Zoom information will be provided to counsel. |
| Filing 30 SUGGESTIONS in opposition re #8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction filed by Jean Paul Bradshaw, II on behalf of Defendant Mycroft AI Inc.. Reply suggestions due by 4/8/2021 unless otherwise directed by the court. (Attachments: #1 Declaration of Michael Perry, #2 Declaration of Michael Lewis, #3 Declaration of Reid Day, #4 Declaration of Joshua Montgomery)(Related document(s) #8 ) (Bradshaw, Jean) |
| Filing 29 SUGGESTIONS in support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Defendant Mycroft AI Inc.. (Related document(s) #28 ) (Bradshaw, Jean) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Mycroft AI Inc.. Suggestions in opposition/response due by 4/7/2021 unless otherwise directed by the court. (Bradshaw, Jean) |
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Filing 27
ORDER: The Court finds Mycroft AI Inc.'s Response to Order to Show Cause (Doc. #26 ) satisfies the Court's Order to Show Cause (Doc. #25 ). Signed on 3/24/2021 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Mycroft AI Inc.. (Day, Reid) |
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Filing 25
ORDER TO SHOW CAUSE.Show Cause Response due on or before 3/24/2021. Signed on 3/23/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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Filing 24
ORDER granting #22 motion to appear pro hac vice entered by Clerk of Court. Attorney Rasheed McWilliams for Michael Lewis allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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Filing 23
ORDER granting #21 motion to appear pro hac vice entered by Clerk of Court. Attorney Spencer Persson for Michael Lewis allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 22 Motion to allow Rasheed McWilliams to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7342502) filed by Jean Paul Bradshaw, II on behalf of Michael Lewis. (Bradshaw, Jean) |
| Filing 21 Motion to allow Spencer Persson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7342483) filed by Jean Paul Bradshaw, II on behalf of Michael Lewis. (Bradshaw, Jean) |
| Filing 20 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference hearing on Motion for Temporary Restraining Order (Doc. #8 ) set for 3/29/2021 01:00 PM before District Judge Roseann Ketchmark. Dial in 888-557-8511, access code 4626639.(Skelton, Sara) |
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Filing 19
ORDER: (1) Defendant Mycroft AIs motion for extension (Doc. #11 ) is DENIED;(2) the briefing schedule for the motion for TRO is hereby expedited: Defendants' Response/Opposition to Plaintiff's Motion for Temporary Restraining Order (Doc. #8 ) is due on or before March 25, 2021, and Plaintiff's Reply in Support is due on or before March 26, 2021; and (3) a teleconference hearing on Plaintiff's Motion for Temporary Restraining Order is set for March 29, 2021, at 1:00 p.m. Signed on 3/23/2021 by District Judge Roseann Ketchmark. (Skelton, Sara) Modified on 3/25/2021 to unrestrict document (Wheeler, LaTandra).
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| Filing 18 SUGGESTIONS in support re #17 MOTION to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Defendant Michael Lewis. (Attachments: #1 Declaration of Michael Lewis)(Related document(s) #17 ) (Bradshaw, Jean) |
| Filing 17 MOTION to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Michael Lewis. Suggestions in opposition/response due by 4/2/2021 unless otherwise directed by the court. (Attorney Jean Paul Bradshaw, II added to party Michael Lewis(pty:dft))(Bradshaw, Jean) |
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Filing 16
RULE 16 NOTICE. Rule 26 conference due by 4/17/2021. Proposed scheduling order due by 5/1/2021. Signed on March 18, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
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| Filing 15 SUGGESTIONS in opposition re #8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction Suggestions in Opposition to Defendant Mycroft AI's Ex Parte Motion for Extension of Time [Doc. 11] filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. Reply suggestions due by 4/1/2021 unless otherwise directed by the court. (Related document(s) #8 ) (Gilman, Stacey) |
| Filing 14 RETURN OF WAIVER OF SERVICE filed by Tumey L.L.P., Tod T. Tumey. Waiver sent to Joshua Montgomery on 3/10/2021, answer due 5/10/2021. (Gilman, Stacey) |
| Filing 13 NOTICE of appearance by Reid Day on behalf of Mycroft AI Inc. (Attorney Reid Day added to party Mycroft AI Inc.(pty:dft))(Day, Reid) |
| Filing 12 NOTICE of appearance by Tedrick A. Housh, III on behalf of Mycroft AI Inc. (Attorney Tedrick A. Housh, III added to party Mycroft AI Inc.(pty:dft))(Housh, Tedrick) |
| Filing 11 MOTION for Extension of Time to Plead and Set Briefing on TRO re #8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction, #1 Complaint,, filed by Jean Paul Bradshaw, II on behalf of Michael Lewis, Mycroft AI Inc.. Suggestions in opposition/response due by 3/31/2021 unless otherwise directed by the court. (Related document(s) #8 , #1 ) (Attorney Jean Paul Bradshaw, II added to party Mycroft AI Inc.(pty:dft))(Bradshaw, Jean) Modified on 3/25/2021 to unrestrict document Wheeler, LaTandra). |
| Filing 10 STATUS REPORT on Notice, Service of Process, and Attempts to Serve Process Upon Defendants by Tod T. Tumey, Tumey L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gilman, Stacey) |
| Filing 9 SUGGESTIONS in support re #8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction filed by Stacey R. Gilman on behalf of Plaintiffs Tod T. Tumey, Tumey L.L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #8 ) (Gilman, Stacey) |
| Filing 8 MOTION for temporary restraining order or In the Alternative, for Expedited Preliminary Injunction filed by Stacey R. Gilman on behalf of Tod T. Tumey, Tumey L.L.P.. Suggestions in opposition/response due by 3/30/2021 unless otherwise directed by the court. (Gilman, Stacey) |
| Filing 7 RETURN OF SERVICE of complaint executed by All Plaintiffs. Michael Lewis served on 2/26/2021, answer due 3/19/2021. (Gilman, Stacey) |
| Filing 6 RETURN OF SERVICE of complaint executed by Tumey L.L.P., Tod T. Tumey. Mycroft AI Inc. served on 3/3/2021, answer due 3/24/2021. (Gilman, Stacey) |
| Filing 5 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP reassignment to Program Director. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 4 With the consent of the Honorable Roseann A. Ketchmark, United States District Judge, the above referenced case is hereby transferred to Judge Ketchmark for all further proceedings. Signed on 3/2/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) |
| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Stacey R. Gilman on behalf of Plaintiff Tumey L.L.P..(Gilman, Stacey) |
| Filing 1 COMPLAINT (VERIFIED) against Michael Lewis, Joshua Montgomery, Mycroft AI Inc. filed by Stacey R. Gilman on behalf of Tumey L.L.P., Tod T. Tumey. Filing fee $402, receipt number AMOWDC-7300659. Service due by 5/25/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Gilman, Stacey) |
| SUMMONS ISSUED as to Michael Lewis, Joshua Montgomery, Mycroft AI Inc.. (Woods, Gloria) |
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