Tiber Creek Partners, LLC v. Ellume USA LLC, et al.
| Tiber Creek Partners, LLC |
| Ellume USA LLC, Ellume Ltd ACN 141767 660, Dr. Sean Parsons and John Does 1-10 |
| 1:2023cv00292 |
| March 3, 2023 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Michael S Nachmanoff |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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| ***Motion Hearing deadlines terminated. (lcre, ) |
Filing 55
ORDERED that Defendant Ellume USA LLCs Motions to Consolidate (No. 1:23-cv-148, Dkt. No. 26; No. 1:23-cv-292, Dkt. No. #32 ) are GRANTED. ORDERED that the above actions are CONSOLIDATED pursuant to Federal Rule of Civil Procedure 42(a)(2) before the Honorable Michael S. Nachmanoff and will proceed under lead Case No. 1:23-cv-148. The Clerks Office is directed to add parties from Case No. 1:22-cv-292 to Case No. 1:22-cv-148. ORDERED that the hearing set for Friday, April 28, 2023, regarding Defendant Ellume USA LLCs Motions to Dismiss (No. 1:23-cv-148, Dkt. No. 28; No. 1:23-cv-292, Dkt. No. #34 ) is CONTINUED until Thursday, May 25, 2023, at 10:00 a.m. ORDERED that Defendant Ellume USA LLCs Motion to Combine Motion-to-Dismiss Hearings (No. 1:23-cv-148, Dkt. No. 40) is GRANTED IN PART. The Court shall hear oral argument on both Defendant Ellume USA LLC and Defendant Ellume Ltd.s Motions to Dismiss (No. 1:23-cv-148, Dkt. No. 28; No. 1:23-cv-292, Dkt. No. #34 ; No. 1:23-cv-292, Dkt. No. #49 ) at 10:00 a.m. on Thursday, May 25, 2023. Signed by District Judge Michael S Nachmanoff on 4/25/2023. (lcre, )
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| ALL DOCUMENTS FROM THIS DATE FORWARD TO BE DOCKETED IN THE LEAD CASE 1:23-CV-148 (lcre, ) |
| Filing 54 REPLY to Response to Motion re #51 MOTION Combine Motion to Dismiss Hearings filed by Ellume Ltd ACN 141767 660, Ellume USA LLC, Dr. Sean Parsons. (Attachments: #1 Exhibit A: Apr. 18, 2023 Email from Jason Gosselin)(Leapheart, David) |
| Filing 53 RESPONSE to Motion re #51 MOTION Combine Motion to Dismiss Hearings filed by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit A)(Williams, Dawn) |
| Filing 52 NOTICE of Waiver of Oral Argument by Ellume Ltd ACN 141767 660, Ellume USA LLC, Dr. Sean Parsons re: Motion to Combine Motion-to-Dismiss Hearings (Leapheart, David) Modified to correct docket event on 4/26/2023 (Dest). |
| Filing 51 MOTION Combine Motion to Dismiss Hearings by Ellume Ltd ACN 141767 660, Ellume USA LLC, Dr. Sean Parsons. (Attachments: #1 Proposed Order)(Leapheart, David) |
| Set Deadline as to #49 MOTION to Dismiss. Motion Hearing set for 5/19/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (jlan) |
| Filing 50 Notice of Hearing Date re #49 MOTION to Dismiss (Leapheart, David) |
| Filing 49 MOTION to Dismiss by Ellume Ltd ACN 141767 660, Dr. Sean Parsons. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Leapheart, David) |
| Filing 48 Corporate Disclosure Statement by Ellume Ltd ACN 141767 660. (Leapheart, David) |
| Filing 47 NOTICE of Appearance by David Theophilus Leapheart on behalf of Ellume Ltd ACN 141767 660, Dr. Sean Parsons (Leapheart, David) |
| Filing 46 REPLY to Response to Motion re #34 MOTION to Dismiss filed by Ellume USA LLC. (Attachments: #1 Exhibit A: Dec. 18, 2022 Letter from Jason Gosselin)(Leapheart, David) |
| Filing 45 TRANSCRIPT of motion proceedings held on 4-14-23, before Judge John Anderson, Court Reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/19/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 7/18/2023.(Salters, Diane) |
| Filing 44 RESPONSE in Opposition re #34 MOTION to Dismiss filed by Tiber Creek Partners, LLC. (Attachments: #1 Declaration of John Clerici, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Jason P. Gosselin, #8 Exhibit 1)(Williams, Dawn) |
| Filing 43 RESPONSE to Motion re #32 MOTION to Consolidate Cases filed by Tiber Creek Partners, LLC. (Williams, Dawn) |
| Filing 42 NOTICE by Tiber Creek Partners, LLC re #41 Order on Motion for Miscellaneous Relief (Notice of Service and Compliance with Order) (Williams, Dawn) |
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Filing 41
ORDER granting #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3). Signed by Magistrate Judge John F. Anderson on 04/07/2023. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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| Filing 40 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 4/7/2023 re #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) filed by Tiber Creek Partners, LLC. Appearance of counsel for plaintiff and defendants. Motion argued and #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) - GRANTED. Order to follow. (Tape #FTR.)(wgar, ) |
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Filing 39
ORDER granting #29 Motion for Pro hac vice Appointed Stephen Modica Rees for Ellume USA LLC. Signed by District Judge Michael S Nachmanoff on 4/7/2023. (swil)
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| Filing 38 REPLY to Response to Motion re #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) filed by Tiber Creek Partners, LLC. (Attachments: #1 Declaration of John Clerici, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Merten, William) |
| Filing 37 NOTICE of Appearance by William Glenn Merten on behalf of Tiber Creek Partners, LLC (Merten, William) |
| Set Deadline as to #34 MOTION to Dismiss. Motion Hearing set for 4/28/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, ) |
| Filing 36 Notice of Hearing Date re #34 MOTION to Dismiss (Leapheart, David) |
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Filing 35
ORDERED that defendants' motion is granted. The Clerk is requested to replace Docket nos. 25-1 and 25-2 with Docket nos. 30-1 and 30-2, respectively in re #30 MOTION to Amend/Correct. Signed by Magistrate Judge John F. Anderson on 4/4/2023. (Dest)
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| Set Deadline as to #32 MOTION to Consolidate Cases. Motion Hearing set for 4/28/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, ) |
| Filing 34 MOTION to Dismiss by Ellume USA LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Sean Parsons, M.D., #3 Ex. A to Parsons Decl. (2014 NDA), #4 Ex. B to Parsons Decl. (2020 Letter Agreement), #5 Ex. C to Parsons Decl. (2022 Deed of Variation), #6 Ex. D to Parsons Decl. (2022 Agreement for Services), #7 Declaration of Administrator John Park, #8 Ex. A to Park Decl. (October 2022 Proof of Debt and Supporting Documents), #9 Ex. B to Park Decl. (December 2022 Proof of Debt and Supporting Documents), #10 Ex. C. to Park Decl. (Executed Deed of Company Arrangement), #11 Declaration of Judge John H. Byrne, #12 Proposed Order granting Motion to Dismiss)(Leapheart, David) |
| Filing 33 Notice of Hearing Date re #32 MOTION to Consolidate Cases (Leapheart, David) |
| Filing 32 MOTION to Consolidate Cases by Ellume USA LLC. (Attachments: #1 Memorandum in Support of Motion to Consolidate, #2 Exhibit A (Tiber Creek I Complaint), #3 Exhibit B (Tiber Creek II Complaint), #4 Proposed Order Consolidating Tiber Creek I and Tiber Creek II)(Leapheart, David) |
| Filing 31 Waiver of Oral Argument re: Motion to Correct (Dkt. No. 30) by Ellume Ltd ACN 141767 660, Dr. Sean Parsons (Leapheart, David) |
| Filing 30 MOTION to Amend/Correct #25 Response in Opposition to Motion,, by Replacing Exhibits A and B by Ellume Ltd ACN 141767 660, Dr. Sean Parsons. (Attachments: #1 Exhibit A: Corrected Version (October 2022 Proof of Debt), #2 Exhibit B: Corrected Version (December 2022 Proof of Debt))(Leapheart, David) |
| Filing 29 Motion to appear Pro Hac Vice by Stephen M. Rees and Certification of Local Counsel David T. Leapheart Filing fee $ 75, receipt number AVAEDC-8872678. by Ellume USA LLC. (Leapheart, David) (Main Document 29 replaced to correct pdf fillable form on 4/5/2023) (Dest). |
| Filing 28 NOTICE of Issue of Foreign Law by Ellume USA LLC (Leapheart, David) |
| Filing 25 RESPONSE in Opposition re #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) filed by Ellume Ltd ACN 141767 660, Dr. Sean Parsons. (Attachments: #1 Exhibit A (October 2022 Proof of Debt), #2 Exhibit B (December 2022 Proof of Debt), #3 Exhibit C (2020 Letter Agreement), #4 Exhibit D (2014 NDA), #5 Exhibit E (2022 Deed of Variation), #6 Exhibit F (Deed of Company Arrangement), #7 Foreign Law Declaration of John H. Byrne)(Leapheart, David) (Attachment 1 replaced per [ECF 35] on 4/4/2023) (Dest, ). (Attachment 2 replaced per [ECF 35] on 4/4/2023) (Dest, ). |
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Filing 27
ORDER granting #20 Motion for Pro hac vice Appointed Kevin Barry Collins for Ellume USA LLC. Signed by District Judge Michael S Nachmanoff on 3/29/2023. (swil)
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Filing 26
ORDER granting #19 Motion for Pro hac vice Appointed Andrew Soukup for Ellume USA LLC. Signed by District Judge Michael S Nachmanoff on 3/292/2023. (swil)
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| Filing 24 NOTICE of Appearance by David Theophilus Leapheart on behalf of Ellume USA LLC (Leapheart, David) |
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Filing 23
ORDER - This matter comes before the Court on Defendant's Unopposed Motion for Extension of Time to File Response to Complaint. Having shown good cause, it is hereby ORDERED that the Motion for Extension of Time is GRANTED; and it is further ORDERED that Defendant Ellume USA LLC shall have until April 3, 2023, to respond to the Complaint. Signed by Magistrate Judge John F. Anderson on 3/27/2023. (lgue, )
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| Filing 22 First MOTION for Extension of Time to File Response to Complaint by Ellume USA LLC. (Attachments: #1 Proposed Order, #2 Waiver of Oral Argument)(Burchard, Kendall) |
| Filing 21 Corporate Disclosure Statement by Ellume USA LLC. (Burchard, Kendall) |
| Filing 20 Motion to appear Pro Hac Vice by Kevin B. Collins and Certification of Local Counsel Kendall T. Burchard Filing fee $ 75, receipt number AVAEDC-8860465. by Ellume USA LLC. (Burchard, Kendall) |
| Filing 19 Motion to appear Pro Hac Vice by Andrew Soukup and Certification of Local Counsel Kendall T Burchard Filing fee $ 75, receipt number AVAEDC-8859947. by Ellume USA LLC. (Burchard, Kendall) |
| Filing 18 NOTICE of Appearance by Kendall Tappan Burchard on behalf of Ellume USA LLC (Burchard, Kendall) |
| Filing 17 Complaint (Unredacted pursuant to Dkt. No. 16)), filed by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit A)(Williams, Dawn) |
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Filing 16
ORDERED that plaintiff's motion is granted. Plaintiff shall immediately file the unredacted complaint (Docket no. 9-1) and deed of variation (Docket no. 9-2) as a separate docket entry in re #9 MOTION to Amend/Correct (Dkt. 1) Complaint by Replacing with Unredacted Documents. Signed by Magistrate Judge John F. Anderson on 3/20/2023. (Dest)
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| Filing 15 Notice of Waiver of Oral Argument by Tiber Creek Partners, LLC re Notice of Correction, #9 MOTION to Amend/Correct #1 Complaint by Replacing with Unredacted Documents (Williams, Dawn). Modified to correct docket event on 3/22/2023 (Dest). |
| Set Deadline as to #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3). Motion Hearing set for 4/7/2023 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, ) |
| Notice of Correction re #9 MOTION to Amend/Correct [Dkt. 1] Complaint by Replacing with Unredacted Documents. Unfortunately, the motion was filed without a Notice of Hearing Date that sets the motion for a Friday docket. The filing user has been notified to file a Notice of Hearing Date, or a Notice of Waiver of oral Argument (Dest) |
| Filing 12 Notice of Hearing Date re #11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) (Williams, Dawn) |
| Filing 11 MOTION to Authorize Alternative Service Pursuant to Federal Rule 4(f)(3) by Tiber Creek Partners, LLC. (Attachments: #1 Brief in Support of Motion, #2 Declaration of Jason P Gosselin, #3 Exhibit A to Gosselin Decl., #4 Exhibit B to Gosselin Decl., #5 Exhibit C to Gosselin Decl., #6 Exhibit D to Gosselin Decl., #7 Exhibit E to Gosselin Decl., #8 Declaration of John Clerici, #9 Proposed Order)(Williams, Dawn) |
| Filing 10 SUMMONS Returned Executed by Tiber Creek Partners, LLC Ellume USA LLC served on 3/8/2023, answer due 3/29/2023 (Williams, Dawn) |
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Filing 14
ORDER granting #8 Motion for Pro hac vice Appointed John Moore for Tiber Creek Partners, LLC. Signed by District Judge Michael S Nachmanoff on 3/15/2023. (swil)
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Filing 13
ORDER granting #7 Motion for Pro hac vice Appointed Jason Gosselin for Tiber Creek Partners, LLC. Signed by District Judge Michael S Nachmanoff on 3/15/2023. (swil)
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| Filing 9 MOTION to Amend/Correct #1 Complaint by Replacing with Unredacted Documents by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit A (Unredacted Complaint), #2 Exhibit B (Unredacted Deed of Variation))(Williams, Dawn) |
| Filing 8 Motion to appear Pro Hac Vice by John Moore and Certification of Local Counsel Dawn B. Williams Filing fee $ 75, receipt number AVAEDC-8841793. by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit)(Williams, Dawn) |
| Filing 7 Motion to appear Pro Hac Vice by Jason Gosselin and Certification of Local Counsel Dawn B. Williams Filing fee $ 75, receipt number AVAEDC-8841789. by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit)(Williams, Dawn) |
| Case Reassigned to District Judge Michael S Nachmanoff and Magistrate Judge John F. Anderson. District Judge Rossie D. Alston, Jr, Magistrate Judge Lindsey R. Vaala no longer assigned to the case. (Dest) |
| Filing 6 Summons Issued as to Ellume Ltd ACN 141767 660, Ellume USA LLC, Dr. Sean Parsons, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(Dest, ) |
| Filing 5 Proposed Summons to Sean Parsons by Tiber Creek Partners, LLC. (Williams, Dawn) |
| Filing 4 Proposed Summons to Ellume Ltd ACN 141 767 660 by Tiber Creek Partners, LLC. (Williams, Dawn) |
| Filing 3 Proposed Summons to Ellume USA LLC by Tiber Creek Partners, LLC. (Williams, Dawn) |
| Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Lindsey R. Vaala. (Dest) |
| Filing 2 Corporate Disclosure Statement by Tiber Creek Partners, LLC. (Williams, Dawn) |
| Filing 1 Complaint (Redacted) ( Filing fee $ 402, receipt number AVAEDC-8829383.), filed by Tiber Creek Partners, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Williams, Dawn) |
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