KIHOMAC v. Meosphere et al
| KIHOMAC |
| Meosphere doing business as Lightning Kite, Emergent 3 and Preston Keller |
| 1:2022cv00160 |
| November 22, 2022 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Cecilia M Romero |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 MOTION to Dismiss Without Prejudice filed by Plaintiff KIHOMAC. (Attachments: #1 Text of Proposed Order)(Cornick, Peter ) |
| Filing 41 Transcript Purchased by: Nathan A. Duncan for Defendants Meosphere dba Lightning Kite re #40 transcript(s) of 6/30/23. (dle) |
| Filing 40 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Ruling Via Zoom held on 6/30/23 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 8/1/2023. Redacted Transcript Deadline set for 8/22/2023. Release of Transcript Restriction set for 10/10/2023. (dle) Modified on 10/13/2023 by striking restricted text (kec). |
| Filing 39 Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 6/30/2023 re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Preston Keller, Emergent 3. All parties appearing via Zoom Conference. Based on #38 Status Report and counsel's representations at the hearing, the court found that Defendant Meosphere has at all relevant times been a citizen of Utah and that 28 U.S.C. 1332 provides an independent basis of subject matter jurisdiction over Plaintiff's state-law claims against the Defendants. Court heard argument. For the reasons stated on the record, the court GRANTED #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Written Order to follow oral order: No. Attorney for Plaintiff: Laura Komarek, Peter Cornick, Joshua Weeks, Attorney for Defendant: Kade Olsen, Terry Welch, Perry Clegg, Nathan Duncan. Court Reporter: Teena Green. (Time Start: 10:30, Time End: 12:00, Room: zoom video.) (mlp) |
| Filing 38 STATUS REPORT Rule 7.1(a)(2) Disclosure Statement by Meosphere. (Duncan, Nathan) |
Filing 37
DOCKET TEXT ORDER. In #2 complaint, Plaintiff invokes this court's diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims, alleging, inter alia, that "[u]pon information and belief, Meosphere, LLC is a Utah limited liability company doing business as Lightning Kite, a registered Utah DBA, with its principal place of business at 225 South 300 West, Logan, Utah 84321." Id. 14. The alleged facts are not relevant to Meosphere's citizenship, however. Rather, it is well settled that an LLC's citizenship is determined by "the citizenship of all its members," meaning that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). No later than Thursday, June 29, 2023, the parties shall file a status report identifying each of Meosphere's members and stating the citizenship of each member. If the status report fails to make clear that there is complete diversity between the Plaintiff and each Defendant, this court will not consider diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 6/22/2023. (atn)
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| Filing 36 NOTICE OF HEARING ON MOTION re: #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by HCN chambers) Motion Hearing set for 6/30/2023 at 10:30 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 35 NOTICE of Appearance by Perry S. Clegg on behalf of Emergent 3, Preston Keller (Clegg, Perry) |
| Filing 34 REPLY to Response to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Emergent 3, Preston Keller. (Olsen, Kade) |
| Filing 33 MEMORANDUM in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff KIHOMAC. (Attachments: #1 Exhibit A)(Komarek, Laura) |
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Filing 32
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 1/30/23. (dle)
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| Filing 31 NOTICE of Appearance by Terry E. Welch on behalf of Emergent 3, Preston Keller (Welch, Terry) |
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Filing 30
ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Howard C. Nielson, Jr. for all further proceedings. Signed by Judge Dale A. Kimball on 1/27/2023. (eat)
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| Filing 29 Case Reassigned to District Judge per docket text order 28 . Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) |
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Filing 28
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. After review of this case, per the Local Rule 72-4(b)(2)(F), this case is ineligible for magistrate assignment. Accordingly the undersigned orders that it be reassigned to a district judge through random reassignment. No attached document Signed by Magistrate Judge Dustin B. Pead on 1/27/23. (mjw)
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| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Emergent 3, Preston Keller. Attorney Kade N. Olsen added to party Emergent 3(pty:dft), Attorney Kade N. Olsen added to party Preston Keller(pty:dft)(Olsen, Kade) |
| Filing 26 ANSWER to Complaint with Jury Demand filed by Meosphere.(Duncan, Nathan) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer. Defendant Meosphere, LLC dba Lighting Kite shall have until and including January 20, 2023 to answer or otherwise respond to the #2 Complaint in this action. Signed by Magistrate Judge Dustin B. Pead on 12/21/2022. (mh)
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| Filing 24 Stipulated MOTION for Extension of Time to File Answer filed by Defendant Meosphere. (Attachments: #1 Text of Proposed Order)(Duncan, Nathan) |
| Filing 23 NOTICE of Appearance by Nathan A Duncan on behalf of Meosphere (Duncan, Nathan) |
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Filing 22
ORDER granting #21 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Emergent 3 and Preston Keller to 1/26/2023. Signed by Magistrate Judge Dustin B. Pead on 12/13/2022. (alf)
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| Filing 21 MOTION for Extension of Time to File Answer re #2 Complaint, as to Defendants Emergent 3, Inc. and Preston Keller filed by Plaintiff KIHOMAC. (Attachments: #1 Text of Proposed Order)(Skolout, Nicole) |
| Filing 20 SUMMONS Returned Executed by KIHOMAC as to Preston Keller served on 12/6/2022, answer due 12/27/2022. (Skolout, Nicole) |
| Filing 19 SUMMONS Returned Executed by KIHOMAC as to Emergent 3 served on 12/5/2022, answer due 12/27/2022. (Skolout, Nicole) |
| Filing 18 SUMMONS Returned Executed by KIHOMAC as to Meosphere served on 12/2/2022, answer due 12/23/2022. (Skolout, Nicole) |
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Filing 17
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Joshua M. Weeks for KIHOMAC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2022. (alf)
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Filing 16
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Byung J. Pak for KIHOMAC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2022. (alf)
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Filing 15
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Laura A. Komarek for KIHOMAC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2022. (alf)
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Filing 14
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Peter G. Cornick for KIHOMAC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2022. (alf)
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| Filing 13 MOTION for Admission Pro Hac Vice of Peter G. Cornick , Registration fee $ 250, receipt number AUTDC-4520099,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff KIHOMAC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Skolout, Nicole) |
| Filing 12 MOTION for Admission Pro Hac Vice of Laura A. Komarek , Registration fee $ 250, receipt number AUTDC-4520098,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff KIHOMAC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Skolout, Nicole) |
| Filing 11 MOTION for Admission Pro Hac Vice of Joshua M. Weeks , Registration fee $ 250, receipt number AUTDC-4520094,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff KIHOMAC. (Attachments: #1 Exhibit Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Skolout, Nicole) |
| Filing 10 MOTION for Admission Pro Hac Vice of Byung J. "BJay" Pak , Registration fee $ 250, receipt number AUTDC-4520093,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff KIHOMAC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Skolout, Nicole) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff KIHOMAC identifying KIHOMAC Holding, Inc. as Corporate Parent. (Skolout, Nicole) |
| Filing 8 Summons Issued Electronically as to Preston Keller. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) |
| Filing 7 Summons Issued Electronically as to Meosphere. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) |
| Filing 6 Summons Issued Electronically as to Emergent 3. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 11/23/2022. (alf)
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| Filing 4 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (ks) |
| Filing 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Byung J BJay Pak, Joshua M Weeks, Laura A Komarek, Peter G Cornick, for Plaintiff KIHOMAC (ks) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4513248) filed by KIHOMAC. (Attachments: #1 Exhibit Lightning Kite Agreement, #2 Exhibit 280 Patent, #3 Exhibit Employment Agreement, #4 Exhibit IP Agreement, #5 Exhibit Statement of Conversion, #6 Exhibit Patent Claim Chart, #7 Civil Cover Sheet) (Skolout, Nicole) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff KIHOMAC is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (ks) |
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