OPD Holdings, LLC et al v. Otiko et al
| Steven J. Keough, OPD Holdings, LLC and Kasten, Inc. doing business as Dakota Life Sciences |
| Christopher Ayo Otiko, D. Howard Phillips, ViaDerma, LLC, Phillips Company, Howard Phillips, LLC, Neurogenx Nerve Center, Biogenx, Garrett R. Adams, R. Chris Cattone and Greentree Financial Group, Inc. |
| 4:2017cv04042 |
| March 30, 2017 |
| US District Court for the District of South Dakota |
| Southern Division Office |
| Minnehaha |
| Karen E Schreier |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 67 JUDGMENT Signed by U.S. District Judge Karen E. Schreier on 1/26/2018. (SLT) |
Filing 66
ORDER denying as moot #24 Motion to Dismiss for Failure to State a Claim; denying as moot #27 Motion for More Definite Statement; denying as moot #29 Motion to Compel; denying as moot #31 Motion to Dismiss; denying #39 Motion to Dismiss; granting in part and denying in part #41 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part #44 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part #44 Motion ; granting #56 Motion to Amend/Correct; denying #58 Motion ; denying as moot #20 Motion for More Definite Statement. Signed by U.S. District Judge Karen E. Schreier on 1/26/2018. (SLT)
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| Filing 65 REPLY to Motion Response re #58 MOTION For Other Relief (an award of attorney's fees previously incurred in preparing two motions to dismiss) filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Joyce, Meghann) |
| Filing 64 REPLY to Motion to Response re: #56 Motion to Amend/Correct Complaint and in Response to #58 Phillips' Defendants Motion for Other Relief filed by OPD Holdings, LLC. (Hertz, Elizabeth) Modified on 8/28/2017 (DJP). Modified on 8/28/2017 (DJP). |
| Filing 63 AFFIDAVIT of D. Howard Phillips re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma MOTION to Transfer Case . (Joyce, Meghann) |
| Filing 62 AFFIDAVIT of Meghann M. Joyce re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma MOTION to Transfer Case. (Attachments: #1 Ex 1 - SD SOS OPD Holdings, Inc. records, #2 Ex 2 - SD SOS Thru Pharma, LLC records) (Joyce, Meghann) Modified on 8/14/2017 (DJP). |
| Filing 61 REPLY to Motion Response re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma MOTION to Transfer Case filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Joyce, Meghann) |
| Filing 60 AFFIDAVIT of Meghann M. Joyce re #56 Motion to Amend/Correct Complaint, #58 MOTION For Other Relief (an award of attorney's fees previously incurred in preparing two motions to dismiss) . (Attachments: #1 Ex 1 - July 25-27, 2017 Email Correspondence) (Joyce, Meghann) Modified on 8/14/2017 (DJP). |
| Filing 59 MEMORANDUM in Opposition to #56 MOTION to Amend/Correct Complaint and in Support of #58 MOTION For Other Relief (an award of attorney's fees previously incurred in preparing two motions to dismiss) , filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Joyce, Meghann) Modified to clarify on 8/11/2017 (SLW). |
| Filing 58 MOTION For Other Relief (an award of attorney's fees previously incurred in preparing two motions to dismiss) by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Joyce, Meghann) |
| Filing 57 BRIEF by Plaintiff OPD Holdings, LLC re #56 MOTION to Amend/Correct Complaint (Attachments: #1 Exhibit Plaintiffs' Amended Complaint, #2 Exhibit Technology License Agreement, #3 Exhibit Phillips Product Agreement, #4 Exhibit Independent Contractor Agreement) (Hertz, Elizabeth) |
| Filing 56 MOTION to Amend/Correct Complaint by OPD Holdings, LLC. (Hertz, Elizabeth) |
| Filing 55 DECLARATION of Steven J. Keough re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma MOTION to Transfer Case . (Attachments: #1 Exhibit Phillips Product Agreement, #2 Exhibit Technology License Agreement, #3 Exhibit Assignment, #4 Exhibit Invoice, #5 Exhibit shipping Labels, #6 Exhibit Photograph, #7 Exhibit Letter to PharmaCline, #8 Exhibit Declaration of Howard Phillips in Support of Motion for Orders Compelling Arbitration) (Hertz, Elizabeth) |
| Filing 54 BRIEF by Plaintiff OPD Holdings, LLC re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma MOTION to Transfer Case (Hertz, Elizabeth) |
| Filing 53 REPLY TO MOTION RSEPONSE re #39 MOTION to Dismiss filed by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) Modified on 7/26/2017 to modify text (DJP). |
| Filing 52 REPLY to Motion Response re #41 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 51 DECLARATION of Steven J. Keough re #49 Memorandum in Opposition to #39 Motion to Dismiss, #50 Memorandum in Opposition to #41 Motion to Dismiss for Lack of Jurisdiction and Improper Venue (Attachments: #1 Exhibit A - interview transcript, #2 Exhibit B - marketing material) (Hertz, Elizabeth) Modified on 7/11/2017 (DJP). |
| Filing 50 MEMORANDUM in Opposition re #41 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Kasten, Inc., OPD Holdings, LLC. (Hertz, Elizabeth) |
| Filing 49 MEMORANDUM in Opposition re #39 MOTION to Dismiss filed by Kasten, Inc., OPD Holdings, LLC. (Hertz, Elizabeth) |
| Filing 48 JOINDER by Defendants Howard Phillips, LLC, D. Howard Phillips, Phillips Company re #39 MOTION to Dismiss , #40 Memorandum in Support of Motion (Tschetter, Paul) |
| Filing 47 NOTICE of Appearance by Meghann M. Joyce on behalf of Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Joyce, Meghann) |
| Filing 46 AFFIDAVIT of D. Howard Phillips re #45 Memorandum in Support of Motion, #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma . (Tschetter, Paul) |
| Filing 45 MEMORANDUM in Support re #44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 44 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, Alternatively, to Transfer to the Eastern District of Oklahoma by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul). Added MOTION to Transfer Case on 7/10/2017 (DJP). |
| Filing 43 AFFIDAVIT in Support re #41 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Affidavit of Dr. Christopher Otiko filed by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 42 MEMORANDUM in Support re #41 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 41 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Dismiss filed by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 39 MOTION to Dismiss by Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 38 CORPORATE Disclosure Statement by ViaDerma, LLC (Wilka, Thomas) |
| Filing 37 AMENDED COMPLAINT, with Jury Demand filed by Steven J. Keough. (Attachments: #1 Exhibit Technology License Agreement, #2 Exhibit Phillips Product Agreement, #3 Exhibit Independent Contractor Agreement) (Hertz, Elizabeth) |
| NOTICE of Filing Error: #35 Amended Complaint was filed in error and should be disregarded. (Hertz, Elizabeth) |
| Filing 36 CORPORATE Disclosure Statement by Steven J. Keough (Hertz, Elizabeth) |
| Filing 35 AMENDED COMPLAINT, with Jury Demand filed by Steven J. Keough. (Attachments: #1 Supplement Civil Cover Sheet) (Hertz, Elizabeth) |
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Filing 34
ORDER granting #26 Motion for Admission Pro Hac Vice of Attorney Jeffery B. Potts for Howard Phillips, LLC, D. Howard Phillips, Phillips Company. Signed by U.S. District Judge Karen E. Schreier on 6/5/2017. (JLS)
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| Filing 33 NOTICE of Appearance by Elizabeth S. Hertz on behalf of Steven J. Keough. (Hertz, Elizabeth) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 31 MOTION to Dismiss by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Compel Arbitration filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 29 MOTION to Compel Arbitration by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 28 MEMORANDUM in Support re #27 MOTION for More Definite Statement of Plaintiff's Complaint filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 27 MOTION for More Definite Statement of Plaintiff's Complaint by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 26 MOTION for Attorney Jeffery Barclay Potts to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2531514) by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss for Failure to State a Claim filed by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 24 MOTION to Dismiss for Failure to State a Claim by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
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Filing 23
ORDER granting #22 Motion for Leave to file motion to dismiss one day out of time. Signed by U.S. District Judge Karen E. Schreier on 6/1/17. (DJP)
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| Filing 22 MOTION for Leave to TO FILE MOTION TO DISMISS ONE DAY OUT OF TIME by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 21 MEMORANDUM in Support re #20 MOTION for More Definite Statement filed by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 20 MOTION for More Definite Statement by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
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Filing 19
ORDER granting #17 Motion for Extension of Time to Answer. Howard Phillips, LLC answer due 6/2/2017; D. Howard Phillips answer due 6/2/2017; Phillips Company answer due 6/2/2017. Signed by U.S. District Judge Karen E. Schreier on 5/4/17. (SLW)
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| Filing 18 AFFIDAVIT in Support re #17 First MOTION for Extension of Time to File Answer filed by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Attachments: #1 Exhibit A - Keough's email granting extension)(Tschetter, Paul) |
| Filing 17 First MOTION for Extension of Time to File Answer by Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 16 NOTICE of Appearance by Paul W. Tschetter on behalf of Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) |
| Filing 15 Filed in error: First MOTION for Extension of Time to File Answer re #2 Complaint by D. Howard Phillips. (Tschetter, Paul) Modified text and termed motion on 5/4/2017 (SLW). |
| NOTICE of Filing Error: #10 Notice of Appearance, #15 Motion for Extension of Time to File Answer was filed in error and should be disregarded. (Tschetter, Paul) |
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Filing 14
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Tamara M. Leetham for R. Chris Cattone,Tamara M. Leetham for Greentree Financial Group, Inc.,Tamara M. Leetham for Christopher Ayo Otiko,Tamara M. Leetham for ViaDerma, LLC. Signed by U.S. District Judge Karen E. Schreier on 5/2/17. (SLW)
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| Filing 13 MOTION for Attorney Tamara M. Leetham to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2506983) by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer. R. Chris Cattone answer due 5/31/2017; Greentree Financial Group, Inc. answer due 5/31/2017; Christopher Ayo Otiko answer due 5/31/2017; ViaDerma, LLC answer due 5/31/2017. Signed by U.S. District Judge Karen E. Schreier on 5/1/17. (SLW)
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| Filing 11 First MOTION for Extension of Time to File Answer re #2 Complaint,,,,,,,, by R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
| Filing 10 Filed in error: NOTICE of Appearance by Paul W. Tschetter on behalf of Howard Phillips, LLC, D. Howard Phillips, Phillips Company. (Tschetter, Paul) Modified text on 5/4/2017 (SLW). |
| Filing 9 NOTICE of Appearance by Sara E. Schroeder on behalf of R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Schroeder, Sara) |
| Filing 8 NOTICE of Appearance by Thomas K. Wilka on behalf of R. Chris Cattone, Greentree Financial Group, Inc., Christopher Ayo Otiko, ViaDerma, LLC. (Wilka, Thomas) |
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Filing 7
ORDER denying #1 Motion to Seal Case; granting #1 Motion to Seal Exhibit 27. Signed by U.S. District Judge Karen E. Schreier on 4/11/17. (SLW)
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| ***Case Unsealed. (SLW) |
| Filing 6 New Case LETTER with enclosed summons, ao85s, rule 72 memo and docket sheet sent by Clerk's Office to Steven Keough. (JLS) |
| Filing 5 Summons Issued as to All Defendants. 10 original summons, 11 A085s, and one Rule 73 memo delivered to plaintiff via US Postal Service. (JLS) Modified on 3/30/2017 (JLS). |
| Filing 4 Filing Fee Received: Fee Amount: $400, Receipt No.: #SDX400043029. (JLS) |
| Filing 3 CIVIL COVER SHEET. (JLS) |
| Filing 2 COMPLAINT, filed by Steven J. Keough. (Attachments: #1 Ex 1 - Summary of the technology, #2 Ex 2 - Independent Contractor Agreement, #3 Ex 3 - Facility/Company information, #4 Ex 4 - Email from Michini to Otiko dated 4-11-12, #5 Email from Keough to The Doc dated 7-13-12, #6 Ex 6 - US Patent and Trademark Office - Diabecline - registered 1-10-12, #7 Ex 7 - Screen Captures on 3-28-17, #8 Ex 8 - VDRM - ViaDerma, Inc., #9 Ex 9 - Press Releases, #10 Ex 10 - Rights of use documents, #11 Ex 11 - ViaDerma's Company Information and Disclosure Statement 5-6-14, #12 Ex 12 - Awards, #13 Ex 13 - Dual-Carrier technology, #14 Ex 14 - Business Agreements, #15 Ex 15 - Viaderma, Inc. Company Info and Disclosure Statement dated 5-6-14, #16 Ex 16 - US Patent and Trademark Office re Application 20130190274 - dated 7-25-13, #17 Ex 17 - Sales re TetraStem, #18 Ex 18 - Investor in Thru Pharma dated7-13-11, #19 Ex 19 - Earned Royalty Payment Schedule, #20 Ex 20 - Purchase Order and Supply Agreement - 2-24-11, #21 Ex 21 - Technology License Agreement between OPD Holdings and Phillips Company, #22 Ex 22 - ViaDerma, Inc Company Info and Disclosure Statement, #23 Ex 23 - Phillips Product Agreement, #24 Ex 24 - ViaDerma's regulatory filing 5-6-14, #25 Ex 25 - Letter from Phillips to Keough dated 1-19-12, #26 Ex 26 - Correspondance re TetraStem drug, #27 Proposed Sealed Exhibit 27, #28 Ex 28 - OTC Disclosures & News Service 11-21-14 re VDRM - TetraStem, #29 Ex 29 - Article re ViaDerma 5-13-16, #30 Ex 30 - Webpage re Neurogenx NerveCenter, #31 Ex 31 - Bio of Garrett Adams, #32 Ex 32 - Nevada Secretary of State - Biogenx, Inc. - file date 12-14-16, #33 Ex 33 - US Patent and Trademark Office - Biogenx - filing date 1-5-17, #34 Ex 34 - DOJ Press Release dated 9-29-10, #35 Ex 35 - FBI Press Release 5-27-09, #36 Ex 36 - Viaderma, Inc. Company Info and Disclosure State, #37 Ex 37 - Quality Assurance/Quality Control Audit 6-27-12, #38 Ex 38 - VDRM - Press Release dated 8-5-14, #39 Ex 39 - Article dated 5-12-16, #40 Ex 40 - stockzoom post 17977 dated 3-23-17, #41 Ex 41 - Accountant or Auditor information) (JLS) |
| Filing 1 MOTION to Seal Case, MOTION to Seal Document labeled Exhibit 27. by Steven J. Keough. (JLS) |
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