Delta T, LLC v. Williams et al
| Delta T, LLC doing business as Big Ass Fans |
| Vortikul Ltd., Dafydd & Yong, Pte. Ltd. and David T. Williams |
| Leo Ming Min Rachel |
| Delta T, LLC |
| 1:2020cv00559 |
| July 17, 2020 |
| US District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Patent |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 Davit D. Williams and Vortikul, LTD's ANSWER to #35 Amended Complaint and Amended, COUNTERCLAIM against Delta T, LLC filed by David T. Williams, Vortikul Ltd.. (Yurkiw, Jay) |
| Filing 37 RESPONSE in Opposition re #36 MOTION to Compel filed by Defendants Vortikul Ltd., David T. Williams. (Attachments: #1 Exhibit Williams Deposition Transcript Excerpts, #2 Exhibit April 2019 Emails produced by Williams) (Yurkiw, Jay) |
| Filing 36 MOTION to Compel by Plaintiff Delta T, LLC, Counter Defendant Delta T, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Def Williams Answers & Responses to Plaintiff's Second Set of Discovery Requests, #3 Exhibit 2 - Def Vortikul, Ltd.'s Answers & Responses to Plaintiff's Second Set of Discovery Requests, #4 Exhibit 3 - Meet & Confer re Discovery Responses, #5 Exhibit 4 - Depo Transcript of Heather Sunshine Williams, #6 Exhibit 5 - Dafydd & Yong Article, #7 Exhibit 6 - D&Y Website Pages, #8 Exhibit 7 - Excerpts of Dep of David T. Williams, #9 Exhibit 8 - Docs Produced by Rachel Leo, #10 Exhibit 9 - E-mail from Vortikul Seeking Dealers 4-19-2019, #11 Exhibit 10 - Product Specification Sheets, #12 Exhibit 11 - Vortikul Website, #13 Exhibit 12 - Vortikul's Internet Press Release dated March 13, 2020, #14 Exhibit 13 - Distribution Agreement, #15 Exhibit 14 - Bonfiglioli USA Inc. Subpoena, #16 Exhibit 15 - David Williams Confidentiality and Noncompete Agreement, #17 Text of Proposed Order) (Schoen, Ann) |
| Filing 35 AMENDED VERIFIED COMPLAINT filed by Delta T, LLC. (kaf) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 11/17/2020. Counsel for Plaintiff and Defendants present by phone. Discovery dispute discussed. Plaintiff to file brief outlining discovery dispute by no later than 11/24/2020. Defendants' responses to Plaintiff's brief due by no later than 12/01/2020. Plaintiff's reply due by no later than 12/07/2020. Preliminary Pretrial Conference set for 12/02/2020 is continued to 01/13/2021 at 11:30AM via teleconference before Judge Matthew W. McFarland. Counsel shall refer to 09/18/2020 docket entry for dial-in instructions. (kaf) |
| Deadlines set per 11/17/2020 Notation Order: Plaintiff's brief outlining discovery dispute due by 11/24/2020. Defendants' responses to Plaintiff's brief due by 12/01/2020. Plaintiff's reply due by 12/07/2020. (kaf) |
NOTATION ORDER: This matter is before the Court on Plaintiff's #29 Motion for Leave to File its Amended Complaint. No party objects to Plaintiff amending its complaint. The Court freely grants leave to amend a complaint when justice so requires. Fed. R. Civ. P. 15(a)(2). Accordingly, the Court GRANTS Plaintiff's #29 Motion for Leave to File its Amended Complaint. Signed by Judge Matthew W. McFarland on 11/17/2020. (kaf)
|
| Notation Order: The Telephone Conference set for 11/17/2020 at 2:30PM is RESET for 3:30PM before Judge Matthew W. McFarland. THIS IS A CHANGE IN TIME ONLY. (kaf) |
| Filing 34 NOTICE by Defendant Dafydd & Yong, Pte. Ltd. of Filing of the Deposition Transcript of David T. Williams taken on August 28, 2020 (Attachments: #1 Exhibit A - Deposition Transcript of David T. Williams, #2 Exhibit B - Exhibits to Deposition of David T. Williams) (Houston, James) |
| Filing 33 **CORRECTED** REPLY to Response to Motion re #25 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Dafydd & Yong, Pte. Ltd.. (Houston, James) Modified docket text on 10/15/2020 (kl). |
| Filing 32 REPLY to Response to Motion re #25 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Dafydd & Yong, Pte. Ltd.. (Houston, James) |
|
NOTATION ORDER: This matter is before the Court on the #31 Stipulation of Extension of Time for Defendant Dafydd & Yong's Reply to #30 Plaintiff's Memorandum in Opposition to It's #25 Motion to Dismiss. S.D. Ohio Civ. R. 6.1(b) does not permit stipulated extensions of time to respond to motions, Court orders, or other deadlines. "All extensions other than those permitted by this Rule shall be upon motion." S.D. Ohio Civ. R. 6.1(b). However, the Court construes the stipulated extension as a motion for extension and GRANTS the same. Defendant Dafydd & Yong, Pte. Ltd shall file its reply no later than October 13, 2020. Signed by Judge Matthew W. McFarland on 10/06/2020. (kaf) Modified on 10/6/2020 (kaf).
|
| Filing 31 STIPULATION of Extension of Time for Defendant DAFYDD & Yong's Reply to Plaintiff's Memorandum in Opposition to its Motion to Dismiss by Defendant Dafydd & Yong, Pte. Ltd.. (Houston, James) |
| Filing 30 RESPONSE in Opposition re #25 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Delta T, LLC, Counter Defendant Delta T, LLC. (Attachments: #1 Exhibit 1 - Part 1 of 2 - Excerpts of Depositon of D. Williams, #2 Exhibit 1 - Part 2 of 2 - Exhibits to Depositon of D. Williams, #3 Exhibit 2 - D&Y Press Release, #4 Exhibit 3 - Excerpts of R. Leo Affidavit - Singaporean action, #5 Exhibit 4 - Excerpts of E. Lee Affidavit - Singaporean action, #6 Exhibit 5 - D&Y Webpage, #7 Exhibit 6 - Declaration of J. Miller, #8 Exhibit 7 - Cash Flow Spread Sheet, #9 Exhibit 8 - Dec. 20, 2019 D&Y Invoice, #10 Exhibit 9 - May 26, 2020 Purchase Order, #11 Exhibit 10 - Sept. 2, 2019 Vortikul Quotation, #12 Exhibit 11 - TM Reg. No. 5,797,569, #13 Exhibit 12 - Declaration of K.M. Ho) (Schoen, Ann) |
| Filing 29 MOTION to Amend/Correct #1 Complaint,,, by Plaintiff Delta T, LLC, Counter Defendant Delta T, LLC. (Attachments: #1 Exh 1 - Amended Verified Complaint, #2 Exhibit 1 - Dafydd & Yong - Products, #3 Exhibit 2 - Vortikl homepage, #4 Exhibit 3 - Willaims email to Enerzip, #5 Exhibit 4 - Kelvin Low email, #6 Exhibit 5 - Yeong email 7-15-20, #7 Exhibit 6 - Design Patent USD614757, #8 Exhibit 7 - Treiben by Vortikl, #9 Exhibit 8 - Design Patent USD672868, #10 Exhibit 9 - Airfoil V10 by Vortikl, #11 Exhibit 10 - Design Patents USD635237 and USD641075, #12 Exhibit 11 - AirCanopy, #13 Exhibit 12 - Copy of '569 TM Registration, #14 Exhibits 13A - 13C - [Composite] Screenshots, #15 Exh 2 - Amended Complaint REDLINE Comparison, #16 Exh 3 - Proposed Order) (Schoen, Ann) |
| Filing 28 [FILED IN ERROR, PLEASE DISREGARD] MOTION to Amend/Correct #1 Complaint,,, by Plaintiff Delta T, LLC, Counter Defendant Delta T, LLC. (Attachments: #1 Exhibit 1 - Amended Verified Complaint, #2 Exhibit 12 - to Amended Complaint - Copy of '569 Registration, #3 Exhibits 13A - 13C - to Amended Complaint - [Composite] Screenshots, #4 Exhibit 2 - Amended Complaint REDLINE Comparison, #5 Exhibit 3 - Proposed Order) (Schoen, Ann) Modified Docket Text on 9/22/2020 (bjc). |
| Notice of Correction re: #28 MOTION to Amend/Correct #1 Complaint, document was filed wihout all of its exhibits and was removed per the request of the filer. The filer will re-file the document with all of its exhibits. (bjc) |
| Filing 27 RULE 26(f) REPORT (Joint) by Plaintiff Delta T, LLC, Counter Defendant Delta T, LLC. (Schoen, Ann) |
| Filing 26 ANSWER to #24 Answer to Complaint,, Counterclaim, filed by Delta T, LLC. (Schoen, Ann) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction by Defendant Dafydd & Yong, Pte. Ltd.. (Attachments: #1 Exhibit A Declaration of Tze Seng "Eric" Lee) (Houston, James) |
| Filing 24 ANSWER to #1 Complaint,,, , COUNTERCLAIM against Delta T, LLC filed by Vortikul Ltd., David T. Williams. (Attachments: #1 Exhibit A - David Williams Signed Offer, #2 Exhibit B - David Williams Signed Non-Compete, #3 Exhibit C - David Williams Signed Secondment Agreement) (Dutton, Christopher) |
|
NOTATION ORDER: Upon consideration, the Court DENIES #22 Motion by Pro Se Litigant to Obtain Electronic Case Filing Rights by Movant Leo Ming Min Rachel. Signed by Judge Matthew W. McFarland on 08/27/2020. (kaf)
|
| Filing 23 RESPONSE in Opposition re #22 MOTION Electronic Filing Rights filed by Plaintiff Delta T, LLC. (Schoen, Ann) |
| Filing 22 MOTION by Pro Se Litigant to Obtain Electronic Case Filing Rights by Movant Leo Ming Min Rachel. (kl) |
| Reset Deadlines re doc. #21 : Dafydd & Yong, Pte. Ltd. answer due 9/1/2020. (eh) |
| Filing 21 STIPULATION Second Stipulation of Extension of Time to Move or Plead in Response to the Complaint by Defendant Dafydd & Yong, Pte. Ltd.. (Houston, James) |
| Reset Deadlines re doc. #20 : Dafydd & Yong, Pte. Ltd. answer due 8/24/2020. (eh) |
| Filing 20 STIPULATION OF EXTENSION OF TIME TO MOVE OR PLEAD IN RESPONSE TO THE COMPLAINT by Defendant Dafydd & Yong, Pte. Ltd.. (Houston, James) |
|
Filing 19
ORDER on Expedited Discovery (Doc. #3 ). Signed by Judge Matthew W. McFarland on 08/10/2020. (kaf)
|
| Reset Deadlines re doc. #17 : Vortikul Ltd. answer due 8/28/2020; David T. Williams answer due 8/28/2020. (eh) |
| Filing 18 Proposed Agreed Order Regarding Expedited Discovery by Plaintiff Delta T, LLC. (Schoen, Ann) Modified docket text on 8/10/2020 (eh). |
| Filing 17 STIPULATION of Extension of Time for Defendants to Move or Plead in Response to the Complaint by Defendants Vortikul Ltd., David T. Williams. (Dutton, Christopher) |
|
Filing 16
ORDER Granting In Part #14 Defendants' Motion for Leave to File Sur-Reply. Signed by Judge Matthew W. McFarland on 08/05/2020. (kaf)
|
| Filing 15 RESPONSE to Motion re #14 MOTION for Leave to File Sur-Reply filed by Plaintiff Delta T, LLC. (Schoen, Ann) |
| Deadline Set as to #3 Emergency MOTION to Expedite MOTION for Discovery: Sur-Reply due by 08/10/2020. (kaf) |
| Filing 14 MOTION for Leave to File Sur-Reply by Defendants Vortikul Ltd., David T. Williams. (Attachments: #1 Text of Proposed Order) (Dutton, Christopher) |
| Filing 13 REPLY to Response to Motion re #3 Emergency MOTION to Expedite MOTION for Discovery filed by Plaintiff Delta T, LLC. (Attachments: #1 Exhibit A - Williams Termination Agreement, #2 Exhibit B - Williams signed Noncompete Agreement, #3 Exhibit C - Vortikul's 4-3-2020 Press Release, #4 Exhibit D - Singapore Commerical Credit Bureau Corporate Search, #5 Exhibit E - Letters of Appointment, #6 Exhibit F - Declaration of Joseph R. Miller, #7 Exhibit G - Vortikul website excerpt, #8 Exhibit H - Quora Trade Blog excerpt) (Schoen, Ann) |
| Filing 12 SUMMONS Returned Executed as to Defendant Dafydd & Yong, Pte. Ltd.. Dafydd & Yong, Pte. Ltd. served on 7/21/2020, answer due 8/11/2020. (Schoen, Ann) |
| Filing 11 RESPONSE in Opposition re #3 Emergency MOTION to Expedite MOTION for Discovery filed by Defendants Vortikul Ltd., David T. Williams. (Dutton, Christopher) |
|
NOTATION ORDER granting #10 Motion for leave to appear pro hac vice of Barry D. Hunter as CO-COUNSEL in this matter ONLY. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Matthew W. McFarland on 7/29/20. (eh)
|
| Filing 10 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7577343) of Barry D. Hunter by Plaintiff Delta T, LLC. (Attachments: #1 Certificate of Good Standing - Barry Hunter) (Schoen, Ann) |
| Filing 9 NOTICE of Appearance by Christopher J. Dutton for Defendants Vortikul Ltd., David T. Williams (Dutton, Christopher) |
| Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 07/24/2020. Counsel for Plaintiff and Defendant present by phone. Defendant's Response to #3 Emergency Motion to Expedite Discovery due by 4:00PM on 07/31/2020. Plaintiff's Reply to Response due by 4:00PM on 08/03/2020. (kaf) |
| Deadlines set re #3 Emergency Motion to Expedite Discovery: Response due by 7/31/2020. Reply due by 08/03/2020. (kaf) |
| Filing 8 SUMMONS Returned Executed as to Defendant Vortikul Ltd.. Vortikul Ltd. served on 7/20/2020, answer due 8/10/2020. (Schoen, Ann) |
|
NOTATION ORDER: The Court hereby sets this case for a teleconference on Friday, July 24, 2020, at 1:30 P.M. to discuss the pending #3 Emergency Motion to Expedite Discovery. Signed by Judge Matthew W. McFarland on 07/24/2020. (kaf)
|
| Filing 7 SUMMONS Returned Executed as to Defendant David T. Williams. David T. Williams served on 7/17/2020, answer due 8/7/2020. (Schoen, Ann) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
| Filing 5 Summons Issued as to Dafydd & Yong, Pte. Ltd., Vortikul Ltd., David T. Williams. (kl) |
| Filing 4 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form, #2 Summons Form) (Schoen, Ann) |
| Filing 3 Emergency MOTION to Expedite , MOTION for Discovery ( Responses due by 8/7/2020) by Plaintiff Delta T, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Willaims communication, #3 Exhibit B - Proposed Requests for Production of Documents, #4 Exhibit C - Proposed Notice of Deposition of David T. Williams, #5 Text of Proposed Order) (Schoen, Ann) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Delta T, LLC. (Schoen, Ann) |
| Filing 1 COMPLAINT with JURY DEMAND - Verified - against Dafydd & Yong, Pte. Ltd., Vortikul Ltd., David T. Williams ( Filing fee $ 400 paid - receipt number: 0648-7560930), filed by Delta T, LLC. (Attachments: #1 Exhibit 1 - Dafydd & Yng - Products, #2 Exhibit 2 - Vortikl homepage, #3 Exhibit 3 - Willaims email to Enerzip, #4 Exhibit 4 - Kelvin Low email, #5 Exhibit 5 - Yeong email 7-15-20, #6 Exhibit 6 - Design Patent USD614757, #7 Exhibit 7 - Treiben by Vortikl, #8 Exhibit 8 - Design Patent USD672868, #9 Exhibit 9 - Airfoil V10 by Vortikl, #10 Exhibit 10 - Design Patents USD635237 and USD641075, #11 Exhibit 11 - AirCanopy, #12 Summons Form - David T. Williams, #13 Summons Form - Vortikul Ltd, #14 Summons Form - Dafydd & Yong, Pte. Ltd., #15 Civil Cover Sheet) (Schoen, Ann) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
