Xeriant, Inc. v. XTI Aircraft Company et al
| Xeriant, Inc. |
| XTI Aircraft Company, Doe Company #1, Doe Company #2, Doe Person #1-5 and Inpixon Corporation |
| 1:2023cv10656 |
| December 6, 2023 |
| U.S. District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 34
ORDER: Therefore, Plaintiff shall, on or before February 16, 2024, show cause as to why its complaint should not be dismissed without prejudice for lack of subject matter jurisdiction. If Plaintiff fails to do so, this action may be dismissed. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/2/2024) (vfr)
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| Filing 33 ELECTRONIC SUMMONS ISSUED as to Inpixon Corporation..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Onyuwoma Williams Igbokwe to RE-FILE Document No. #32 The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Onyuwoma Williams Igbokwe re: Document No. #31 Amended Complaint. The filing is deficient for the following reason(s): the pleading is amended more than 21 days after service of the original pleading; the order granting permission to file the pleading was not attached; Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 32 REQUEST FOR ISSUANCE OF SUMMONS as to INPIXON CORPORATION, re: #31 Amended Complaint,. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) |
| Filing 31 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -FIRST AMENDED COMPLAINT amending #1 Complaint, against Doe Company #2, Doe Person #1-5, XTI Aircraft Company, Inpixon Corporation with JURY DEMAND.Document filed by Xeriant, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - MCNDA, #2 Exhibit B - JVA, #3 Exhibit C - LETTER OF INTENT TO MERGE, #4 Exhibit D - LETTER AGREEMENT, #5 Exhibit E - DEMAND LETTER, #6 Exhibit F - SENIOR SECURED PROMISSORY NOTE).(Igbokwe, Onyuwoma) Modified on 2/1/2024 (vf). |
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Filing 30
ORDER granting #26 Letter Motion for Extension of Time to Answer: Granted. Defendant shall move, answer, or otherwise respond to the complaint on or before February 13, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
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Filing 29
ORDER granting #28 Motion to Withdraw as Attorney: Granted. The Clerk of Court is directed to terminate Adam B. Stern as an attorney of record in this case. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
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| Filing 28 MOTION for Adam B. Stern to Withdraw as Attorney . Document filed by XTI Aircraft Company..(Stern, Adam) |
| Filing 27 NOTICE OF APPEARANCE by Peter George Siachos on behalf of XTI Aircraft Company..(Siachos, Peter) |
| Filing 26 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge J. Paul Oetken from Mercedes Colwin dated January 17, 2024. Document filed by XTI Aircraft Company..(Colwin, Mercedes) |
| Filing 25 NOTICE OF APPEARANCE by Brittany L. Primavera on behalf of XTI Aircraft Company..(Primavera, Brittany) |
| Filing 24 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of XTI Aircraft Company..(Colwin, Mercedes) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 1/3/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 22 TRANSCRIPT of Proceedings re: CONFERNECE held on 1/3/2024 before Judge J. Paul Oetken. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/2/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/11/2024..(McGuirk, Kelly) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer: Granted. Defendant shall move, answer, or otherwise respond to the complaint on or before January 26, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
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| Filing 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, /Letter Motion for Extension of Time for Defendant XTI Aircraft Company to Respond to the Complaint through and including 1/26/2024 addressed to Judge J. Paul Oetken from Adam B. Stern dated 1/5/2024. Document filed by XTI Aircraft Company..(Stern, Adam) |
| Filing 19 NOTICE OF APPEARANCE by Adam Brett Stern on behalf of XTI Aircraft Company..(Stern, Adam) |
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Filing 18
ORDER denying #10 Motion for Preliminary Injunction. For the reasons stated by the Court on the record during the telephone conference on January 3, 2024, Plaintiff Xeriant, Inc.'s motion for a preliminary injunction and for a temporary restraining order is denied. The Clerk of Court is directed to close the motion at ECF Number 10. SO ORDERED.. (Signed by Judge J. Paul Oetken on 1/3/2024) (ks)
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| Filing 17 MEMORANDUM OF LAW in Opposition re: #10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request. . Document filed by XTI Aircraft Company..(Ginsberg, Jonathan) |
| Filing 16 DECLARATION of Michael Hinderberger in Opposition re: #10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request.. Document filed by XTI Aircraft Company..(Ginsberg, Jonathan) |
| Filing 15 DECLARATION of David E. Brody in Opposition re: #10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request.. Document filed by XTI Aircraft Company. (Attachments: #1 Exhibit A News Release, #2 Exhibit B Ted De Feudis Email Dated 5/4/2021, #3 Exhibit C License Agreement).(Ginsberg, Jonathan) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Oral Argument held on 1/3/2024 re: #10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request. Motion denied. See transcript. (bh) |
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Filing 14
ORDER: The parties shall appear for a telephone conference on January 3, 2024 at 3:00 p.m. ET to discuss Plaintiff's proposed order to show cause. At that time, the parties should call (888) 557-8511 and enter access code 9300838. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (dgl)
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| Filing 13 DECLARATION of O. Williams Igbokwe, Esq. in Support re: #10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request.. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) |
| Filing 12 AFFIDAVIT OF SERVICE of Motion for Injunctive Relief, Ex. A, Ex. B, Ex. C, Ex. D, Declaration of Counsel, Declaration of K. Duffy served on XTI AIRCRAFT COMPANY on 12/29/2023. Service was accepted by David Brody, Registered Agent. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) |
| Filing 11 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Xeriant, Inc.. Related Document Number: #10 ..(Igbokwe, Onyuwoma) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 10 EX PARTE MOTION for Preliminary Injunction to temporarily enjoin Defendant from merging with Inpixon, and from transferring the TriFan 600 technology - Expedited request. Document filed by Xeriant, Inc.. Return Date set for 1/5/2024 at 10:30 AM. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - MCNDA, #3 Exhibit C - JVA, #4 Exhibit D - LETTER AGREEMENT, #5 Supplement DECLARATION OF COUNSEL, #6 Supplement DECLARATION K. DUFFY).(Igbokwe, Onyuwoma) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #11 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. XTI Aircraft Company served on 12/15/2023, answer due 1/5/2024. Service was accepted by David Brody, Registered Agent. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to XTI Aircraft Company. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to XTI AIRCRAFT COMPANY, re: #1 Complaint,. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Onyuwoma Williams Igbokwe to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; "et al" listed on Summons PDF 'To' section of form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to XTI AIRCRAFT COMPANY, re: #1 Complaint,. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) Modified on 12/13/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Onyuwoma Williams Igbokwe to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; remove 'et al' from the PDF 'To' section;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to XTI AIRCRAFT COMPANY, re: #1 Complaint,. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) Modified on 12/12/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Onyuwoma Williams Igbokwe to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 4 FILING ERROR - DEFICIENT- SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to XTI AIRCRAFT COMPANY, re: #1 Complaint,. Document filed by Xeriant, Inc...(Igbokwe, Onyuwoma) Modified on 12/11/2023 (vf). |
| Filing 3 CIVIL COVER SHEET filed..(Igbokwe, Onyuwoma) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Igbokwe, Onyuwoma) Modified on 12/7/2023 (vf). |
| Case Designated ECF. (vf) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Onyuwoma Williams Igbokwe to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Onyuwoma Williams Igbokwe. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Onyuwoma Williams Igbokwe. The party information for the following party/parties has been modified: DOE COMPANY #1, DOE COMPANY #2, DOE PERSON #1-5, XTI AIRCRAFT COMPANY.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Filing 1 COMPLAINT against DOE COMPANY #1, DOE COMPANY #2, DOE PERSON #1-5, XTI AIRCRAFT COMPANY. (Filing Fee $ 405.00, Receipt Number ANYSDC-28661821)Document filed by Xeriant, Inc.. (Attachments: #1 Exhibit A - MCNDA, #2 Exhibit B - JVA, #3 Exhibit C - LETTER OF INTENT TO MERGE, #4 Exhibit D - LETTER AGREEMENT, #5 Exhibit E - DEMAND LETTER, #6 Exhibit F - SENIOR SECURED PROMISSORY NOTE).(Igbokwe, Onyuwoma) |
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