Kuriloff v. InnerScope Hearing Technologies, Inc. et al
| Floyd Kuriloff |
| Matthew Moore, Mark Moore, Kimberly Moore and VStock Transfer, LLC |
| InnerScope Hearing Technologies, Inc. |
| GS Capital Partners LLC |
| 2:2023cv00270 |
| June 15, 2023 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Robert J Krask |
| Contract: Other |
| None |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 68 Opposition to #66 MOTION to Dismiss for Failure to State a Claim Defendant, Innerscope Hearing Technologies, Inc.'s Amended Counterclaim filed by InnerScope Hearing Technologies, Inc.. (Stout, Kenneth) |
| Filing 67 Memorandum in Support re #66 MOTION to Dismiss for Failure to State a Claim Defendant, Innerscope Hearing Technologies, Inc.'s Amended Counterclaim filed by Floyd Kuriloff. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ottinger, Richard) |
| Filing 66 MOTION to Dismiss for Failure to State a Claim Defendant, Innerscope Hearing Technologies, Inc.'s Amended Counterclaim by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 65 Request for Hearing by Floyd Kuriloff re #50 MOTION to Dismiss for Lack of Jurisdiction (Ottinger, Richard) |
| Filing 64 AMENDED COUNTERCLAIM against Floyd Kuriloff(an Individual), filed by InnerScope Hearing Technologies, Inc.(a Nevada corporation). (Attachments: #1 Exhibit First Amendment to Leakout Agreement)(Stout, Kenneth) |
| Filing 63 Request for Hearing by VStock Transfer, LLC re #50 MOTION to Dismiss for Lack of Jurisdiction (Boyd, John) |
| Filing 62 REPLY to Response to Motion re #50 MOTION to Dismiss for Lack of Jurisdiction filed by VStock Transfer, LLC. (Boyd, John) |
| Filing 61 Request for Hearing by Floyd Kuriloff re #42 MOTION to Dismiss for Failure to State a Claim (Ottinger, Richard) |
| Filing 60 Declaration re #59 Response in Opposition to Motion by Floyd Kuriloff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ottinger, Richard) |
| Filing 59 RESPONSE in Opposition re #50 MOTION to Dismiss for Lack of Jurisdiction filed by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 58 NOTICE of Appearance by Katherine Marguerite Lennon on behalf of Floyd Kuriloff (Lennon, Katherine) |
| The Notice of Correction previously filed today was in error. (Vpea) |
| Filing 57 Memorandum in Support re #56 MOTION to Dismiss for Failure to State a Claim Defendant, Innerscope Hearing Technologies, Inc.'s Counterclaim filed by Floyd Kuriloff(an Individual). (Attachments: #1 Exhibit A - December 6, 2022 Email)(Ottinger, Richard) |
| Filing 56 MOTION to Dismiss for Failure to State a Claim Defendant, Innerscope Hearing Technologies, Inc.'s Counterclaim by Floyd Kuriloff(an Individual). (Ottinger, Richard) |
| Filing 55 Reply to Motion re #42 MOTION to Dismiss for Failure to State a Claim filed by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Stout, Kenneth) |
| Filing 54 RESPONSE in Opposition re #42 MOTION to Dismiss for Failure to State a Claim filed by Floyd Kuriloff. (Attachments: #1 Exhibit A - Entity Details, #2 Exhibit B - INND Sec Proxy Statement)(Ottinger, Richard) |
Filing 53
ORDER granting #49 a Motion to Appear Pro Hac Vice by Mark A. Harmon, as certified by local counsel J.P. McGuire Boyd, for Defendant VStock Transfer, LLC. Signed by District Judge Arenda L. Wright Allen on 07/27/2023. (Allen, Arenda)
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Filing 52
ORDER re #31 Motion for Leave to File; #11 Motion for Preliminary Injunction; and #26 Motion to Intervene. Plaintiffs request for a preliminary injunction #11 is DENIED. The Temporary Restraining Order previously entered #18 is DISSOLVED. The Motion to Intervene filed by putative Defendant-Intervenor GS Capital Partners, LLC #26 is DENIED. The InnerScope Defendants Motion for Leave to File Response to TRO and for Extension of Time to Respond to Complaint #31 is GRANTED. Responses to the Complaint by the InnerScope Defendants shall be deemed timely if filed on or before August 2, 2023. Signed by District Judge Arenda L. Wright Allen on 7/26/2023. (Vpea, )
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| Filing 51 Memorandum in Support re #50 MOTION to Dismiss for Lack of Jurisdiction filed by VStock Transfer, LLC. (Attachments: #1 Affidavit)(Boyd, John) |
| Filing 50 MOTION to Dismiss for Lack of Jurisdiction by VStock Transfer, LLC. (Boyd, John) |
| Filing 49 Motion to appear Pro Hac Vice by Mark A. Harmon and Certification of Local Counsel J.P. McGuire Boyd, Jr. Filing fee $ 75, receipt number AVAEDC-9045586. by VStock Transfer, LLC. (Boyd, John) |
| Filing 48 REPLY to Response to Motion re #31 MOTION for Leave to File Response to TRO and for Extension of Time to Respond to Complaint filed by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Attachments: #1 Exhibit 1 - Declaration of Matthew Moore, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 - Declaration of Mark Moore)(Wolf, Thomas) |
| Filing 47 Declaration re #46 Reply to Response to Motion Supplemental Declaration of Floyd Kuriloff by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 46 REPLY to Response to Motion re #31 MOTION for Leave to File Response to TRO and for Extension of Time to Respond to Complaint filed by Floyd Kuriloff. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ottinger, Richard) |
| Filing 45 TRANSCRIPT of Proceedings, Motions Hearing, held on 7-12-2023, before Judge Arenda L. Wright Allen, Court Reporter Michelle Marr, Telephone number 757-222-7075. 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/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/14/2023. Redacted Transcript Deadline set for 9/13/2023. Release of Transcript Restriction set for 10/12/2023.(Maar, Michelle) |
| Filing 44 COUNTERCLAIM against Floyd Kuriloff, COUNTERCLAIM against Floyd Kuriloff, filed by InnerScope Hearing Technologies, Inc.. (Attachments: #1 Exhibit A - First Amendment to Leakout Agreement)(Pierce, Michael) |
| Filing 43 Memorandum in Support re #42 MOTION to Dismiss for Failure to State a Claim filed by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Pierce, Michael) |
| Filing 42 MOTION to Dismiss for Failure to State a Claim by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Pierce, Michael) |
| Filing 41 NOTICE of Appearance by Kenneth Thomas Stout on behalf of InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore (Stout, Kenneth) |
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Filing 40
EXTENSION OF TEMPORARY RESTRAINING ORDER. Accordingly, the TRO previously entered on June 28, 2023 #18 is hereby EXTENDED through July 26, 2023 at 5:00 p.m. Signed by District Judge Arenda L. Wright Allen on 7/12/2023. (Vpea)
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Filing 39
ORDER re #35 Consent MOTION for Extension of Time to File Answer. It is hereby ORDERED that The Consent Motion is GRANTED and The time for Defendant to file its answer, motion(s) or other response to Plaintiffs Complaint is extended to and including July 26, 2023. Signed by Magistrate Judge Robert J. Krask on 7/12/2023. (Vpea)
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| Filing 38 Motions Hearing held before District Judge Arenda L. Wright Allen on 7/12/2023 re #26 MOTION to Intervene and #11 MOTION for Temporary Restraining/ MOTION for Preliminary Injunction: Richard Ottinger and Jennifer Eaton appeared on behalf of the Plaintiff. Michael Pierce appeared on behalf of the Defendants, InnerScope Hearing Technologies, Inc., Matthew Moore, Mark Moore and Kimberly Moore. John Boyd, Jr. present on behalf of the Defendant, VStock Transfer, LLC. Jeremy Friedberg present via ZOOM on behalf of the Intervenor Defendant, GS Capital Partners LLC. Comments of the Court. Argument of Counsel heard. Evidence presented (Witness: Floyd Kuriloff; exhibits listed in minutes) Court directed Counsel for Plaintiff to file a response by July 19, 2023. Court to take all matters under advisement. Court adjourned. (Court Reporter Michelle Maar.)(lhow) |
| Notice of Correction re 28 Notice of Appearance. The signature block on the document does not match the filing user's login. The document was refiled at ECF #29 and the document attached to ECF 28 has been removed. (Vpea) |
| Filing 37 RESPONSE in Opposition re #26 MOTION to Intervene filed by Floyd Kuriloff. (Ottinger, Richard) |
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Filing 36
ORDER- This matter is set for hearing on Plaintiff Floyd Kuriloffs motion for preliminary injunction #11 tomorrow, Wednesday, July 12, 2023 at 9:00 a.m. The Court finds that it will be helpful to the efficient adjudication of all pending matters if GS Capital participates in the July 12 hearing. Accordingly, the parties are hereby NOTIFIED that counsel for GS Capital shall appear at the July 12 hearing and that the issue of GS Capitals Motion to Intervene #26 shall be addressed at the hearing. Counsel for GS Capital may appear via videoconference/Zoom. Signed by District Judge Arenda L. Wright Allen on 7/11/23. (Vpea)
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| Filing 35 Consent MOTION for Extension of Time to File Answer Consent Motion for Two-Week Extension on Deadline for VStock Transfer, LLC to Respond to Complaint by VStock Transfer, LLC. (Attachments: #1 Proposed Order)(Boyd, John) |
| Filing 33 Memorandum in Support re #31 MOTION for Leave to File Response to TRO and for Extension of Time to Respond to Complaint filed by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Attachments: #1 Exhibit A - InnerScope Defendants' Response to the Court's Order to Show Cause Why a Preliminary Injunction Should Not Issue)(Wolf, Thomas) |
| Filing 32 NOTICE of Appearance by Jennifer Lynn Eaton on behalf of Floyd Kuriloff (Eaton, Jennifer) |
| Filing 31 MOTION for Leave to File Response to TRO and for Extension of Time to Respond to Complaint by InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore. (Attachments: #1 Proposed Order)(Wolf, Thomas) |
| Filing 30 NOTICE of Appearance by Michael David Pierce on behalf of InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore (Pierce, Michael) |
| Filing 29 NOTICE of Appearance by Joseph M. Rainsbury on behalf of InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore (Rainsbury, Joseph) |
| Filing 28 NOTICE of Appearance by Thomas Marshall Wolf on behalf of InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore (Wolf, Thomas) |
| Filing 27 NOTICE of Appearance by Thomas Marshall Wolf on behalf of InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore (Wolf, Thomas) |
| MOTIONS REFERRED to Magistrate Judge Krask #35 Consent MOTION for Extension of Time to File Answer Consent Motion for Two-Week Extension on Deadline for VStock Transfer, LLC to Respond to Complaint (Vpea) |
| Filing 26 MOTION to Intervene by GS Capital Partners LLC. (Attachments: #1 Exhibit Exhibit A - Answer, #2 Exhibit Exhibit B - Financial Interest Disclosure Statement, #3 Exhibit Exhibit C - Affidavit of Gabe Sayegh)(Friedberg, Jeremy) |
| Filing 25 STATUS REPORT Pursuant to Court's July 7, 2023 Order (ECF 24) by Floyd Kuriloff. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Ottinger, Richard) |
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Filing 24
ORDER- Plaintiff is hereby ORDERED to submit a status report describing the date, time, and manner of service of the Courts previous Order #18 on Defendants (or relevant efforts to effect such service), any additional communications between the Parties or their counsel regarding the instant matter, and any other relevant information that may assist this Court in its preparation for the hearing currently scheduled for July 12. Such status report shall be filed as soon as possible and in any event by Monday, July 10 at 12:00 noon. Plaintiff is further ORDERED to provide a copy of this Order to the InnerScope Defendants and, if applicable, to their counsel via email if available or otherwise by the most expedient method available. SEE ORDER FOR MORE DETAILS. Signed by District Judge Arenda L. Wright Allen on 7/7/2023. (Vpea)
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| Filing 22 Response to Show Cause Order filed by VStock Transfer, LLC. (Attachments: #1 Exhibit)(Boyd, John) |
| Filing 21 SUMMONS Returned Executed by Floyd Kuriloff Kimberly Moore served on 6/20/2023, answer due 7/11/2023 (Ottinger, Richard) |
| Filing 20 SUMMONS Returned Executed by Floyd Kuriloff Mark Moore served on 6/20/2023, answer due 7/11/2023 (Ottinger, Richard) |
| Filing 19 Receipt (200001723) for security in the amount of $5,000.00 paid by Plaintiff. (dbra, ) |
| Motion Hearing set for 7/12/2003 at 09:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen re #11 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. (lhow) |
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Filing 18
TEMPORARY RESTRAINING ORDER: Therefore, IT IS ORDERED, ADJUDGED AND DECREED that at 5:00 p.m. on this 28th day of June, 2023, Plaintiffs Ex Parte Motion for TRO #11 is GRANTED. Plaintiff shall deposit security in the amount of $5,000.00 with the Clerk of Court. Such security shall be deposited by 12:00 noon on June 30, 2023. Notice, briefing, and a hearing on the Plaintiffs request for a preliminary injunction shall occur as follows: a. A hearing on Plaintiffs request for a preliminary injunction shall be held at 9:00 a.m. on Wednesday, July 12, 2023 in Courtroom 3 of the Walter E. Hoffman United States Courthouse at 600 Granby St., Norfolk, VA 23510. Plaintiff shall serve a copy of this Order, along with the Complaint #1 , Plaintiffs Ex Parte Motion for TRO (ECF No. 11) and Memorandum in support thereof (ECF No. 12), and all exhibits thereto, on all Defendants on or before June 29, 2023; c. Defendants are hereby ORDERED TO SHOW CAUSE by expedited briefing, no later than July 5, 2023, why a preliminary injunction should not be issued. d. Plaintiff shall file a reply to Defendants expedited briefing no later than July 7, 2023. The Court may order additional briefing if necessary. SEE ORDER FOR MORE DETAILS. Signed by District Judge Arenda L. Wright Allen on 6/28/2023. (Vpea)
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| Filing 17 SUMMONS Returned Executed by Floyd Kuriloff VStock Transfer, LLC served on 6/21/2023, answer due 7/12/2023 (Ottinger, Richard) |
| Filing 16 SUMMONS Returned Executed by Floyd Kuriloff Matthew Moore served on 6/22/2023, answer due 7/13/2023 (Ottinger, Richard) |
| Filing 15 SUMMONS Returned Executed by Floyd Kuriloff InnerScope Hearing Technologies, Inc. served on 6/21/2023, answer due 7/12/2023 (Ottinger, Richard) |
| Filing 14 Request for Hearing by Floyd Kuriloff re #11 MOTION for Temporary Restraining Order Ex Parte Motion for Temporary Restraining Order With Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue MOTION for Preliminary Injunction Request for Expedited Hearing (Ottinger, Richard) |
| Filing 13 Declaration re #11 MOTION for Temporary Restraining Order Ex Parte Motion for Temporary Restraining Order With Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue MOTION for Preliminary Injunction Declaration of Floyd Kuriloff by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 12 Memorandum in Support re #11 MOTION for Temporary Restraining Order Ex Parte Motion for Temporary Restraining Order With Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue MOTION for Preliminary Injunction filed by Floyd Kuriloff. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ottinger, Richard) |
| Filing 11 MOTION for Temporary Restraining Order Ex Parte Motion for Temporary Restraining Order With Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue, MOTION for Preliminary Injunction by Floyd Kuriloff. (Ottinger, Richard) |
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Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice by Uri Litvak, as certified by local counsel Richard H. Ottinger, for Plaintiff Floyd Kuriloff. Signed by District Judge Arenda L. Wright Allen on 06/16/2023. (Allen, Arenda)
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| Filing 9 Five (5) Summonses Issued as to InnerScope Hearing Technologies, Inc., Kimberly Moore, Mark Moore, Matthew Moore, VStock Transfer, LLC, 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 Civil Motions Procedures)(epri, ) |
| Initial Case Assignment to District Judge Arenda L. Wright Allen and Magistrate Judge Robert J. Krask. (epri, ) |
| Filing 8 Motion to appear Pro Hac Vice by Uri Litvak and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8984378. by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 7 Proposed Summons re #1 Complaint, Proposed Summons for VStock Transfer, LLC by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 6 Proposed Summons re #1 Complaint, Proposed Summons for Matthew Moore by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 5 Proposed Summons re #1 Complaint, Proposed Summons for Mark Moore by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 4 Proposed Summons re #1 Complaint, Proposed Summons for Kimberly Moore by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 3 Proposed Summons re #1 Complaint, Proposed Summons for InnerScope Hearing Technologies, Inc. by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 2 Citizenship Disclosure Form (Local Rule 7.1) by Floyd Kuriloff. (Ottinger, Richard) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8984284.), filed by Floyd Kuriloff. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Civil Cover Sheet Civil Cover Sheet)(Ottinger, Richard) |
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