This case was last updated from PACER on 07/15/2019 at 10:39:01 (UTC).

Easoon USA, LLC v. Kelly et al

Case Summary

On 03/25/2019 Easoon USA, LLC filed a Property - Personal Property Fraud lawsuit against Kelly. This case was filed in U.S. District Courts, Delaware District. The Judge overseeing this case is Richard G. Andrews. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-00564

  • Filing Date:

    03/25/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

  • Court:

    U.S. District Courts

  • Courthouse:

    Delaware District

Judge Details

Presiding Judge

Richard G. Andrews

 

Party Details

Plaintiff

Easoon USA, LLC

Defendants

David S. Osterman

Mark Clifton

Brett Kelly

Steve Osterman

Attorney/Law Firm Details

Plaintiff Attorneys

Sean T. O'Kelly

Attorney at O'Kelly Ernst & Joyce, LLC

901 North Market Street, Suite 1000

Wilmington, DE 19801

Gerard M. O'Rourke

Attorney at O'Rourke Law Office, LLC

1201 N. Orange Street, Suite 7260

Wilmington, DE 19801-1186

Defendant Attorney

David Ellis Moore

Attorney at Potter Anderson & Corroon, LLP

1313 N. Market St., Hercules Plaza, 6Th Flr., P.O. Box 951

Wilmington, DE 19899-0951

 

Court Documents

1 #3

Ex -C - B. Kelly Linkedin Profile

1 #4

Ex -D - B. Kelly Facebook

1 #5

Ex -E - M. Clifton Linkedin Page

1 #6

Ex -F - D. Osterman Linkedin Page

1 #1

Ex -A- Patent 578

1 #2

Exhibit -B -B. Kelly Offer Letter

1 #14

Ex -N - Kelly 6/22/17 Facebook Post

1 #13

Ex -M - Kelly 6/20/17 Facebook Page

1 #9

Ex -I - Kelly %/31/17 and 6/2/17 Facebook Post

#124

(#43) ORDER: Defendants' Motion to Consolidate Cases (D.I. 108, C.A. 17-1574-RGA; D.I. 38 in C.A. 19-564-RGA) is GRANTED. C.A. 17-1574-RGA shall be the lead case and all papers shall be filed in C.A. 17-1574-RGA. The case schedule will be extended by three months to accommodate the consolidation. The Parties shall submit a proposed revised scheduling order within one week of the entry of this Order. Signed by Judge Richard G. Andrews on 5/7/2019. (nms) (Entered: 05/07/2019)

42 #1

Exhibit A

108 #1

Text of Proposed Order

#42

(#42) REPLY BRIEF re #38 MOTION to Consolidate Cases filed by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Exhibit A)(Palapura, Bindu) (Entered: 05/03/2019)

#108

(#38) MOTION to Consolidate Cases - filed by Mark Clifton, Brett Kelly, David S. Osterman, MOSO International BV, MOSO North America, Inc.. (Attachments: #1 Text of Proposed Order)(Moore, David) (Entered: 04/10/2019)

11 #3

Exhibit B Delaware Amended Complaint

11 #4

Text of Proposed Order

11 #1

Brief

11 #2

Exhibit A Delaware Complaint

75 More Documents Available

 

Docket Entries

  • 05/07/2019
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  • (#43) ORDER: Defendants' Motion to Consolidate Cases (D.I. 108, C.A. 17-1574-RGA; D.I. 38 in C.A. 19-564-RGA) is GRANTED. C.A. 17-1574-RGA shall be the lead case and all papers shall be filed in C.A. 17-1574-RGA. The case schedule will be extended by three months to accommodate the consolidation. The Parties shall submit a proposed revised scheduling order within one week of the entry of this Order. Signed by Judge Richard G. Andrews on 5/7/2019. (nms) (Entered: 05/07/2019)

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  • 05/03/2019
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  • (#42) REPLY BRIEF re #38 MOTION to Consolidate Cases filed by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Exhibit A)(Palapura, Bindu) (Entered: 05/03/2019)

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  • 05/02/2019
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  • (#41) ORDER: The Motion to Dismiss (D.I. #11 ) is DISMISSED without prejudice. Signed by Judge Richard G. Andrews on 5/2/2019. (nms) (Entered: 05/02/2019)

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  • 04/26/2019
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  • (#40) ANSWERING BRIEF in Opposition re #38 MOTION to Consolidate Cases filed by Easoon USA, LLC.Reply Brief due date per Local Rules is 5/3/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Kelly, Sean) (Entered: 04/26/2019)

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  • 04/10/2019
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  • (#39) OPENING BRIEF in Support re #38 MOTION to Consolidate Cases filed by Mark Clifton, Brett Kelly, David S. Osterman.Answering Brief/Response due date per Local Rules is 4/24/2019. (Moore, David) (Entered: 04/10/2019)

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  • 04/10/2019
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  • (#38) MOTION to Consolidate Cases - filed by Mark Clifton, Brett Kelly, David S. Osterman, MOSO International BV, MOSO North America, Inc.. (Attachments: #1 Text of Proposed Order)(Moore, David) (Entered: 04/10/2019)

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  • 04/03/2019
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  • SO ORDERED, re #37 MOTION for Pro Hac Vice Appearance of Attorney Thomas G. Pasternak, John M. Schafer and Evelina Gentry of Akerman LLP, filed by David S. Osterman, Mark Clifton, Brett Kelly. Signed by Judge Richard G. Andrews on 4/3/2019. (nms) (Entered: 04/03/2019)

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  • 04/03/2019
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  • (#37) MOTION for Pro Hac Vice Appearance of Attorney Thomas G. Pasternak, John M. Schafer and Evelina Gentry of Akerman LLP - filed by Mark Clifton, Brett Kelly, David S. Osterman. (Moore, David) (Entered: 04/03/2019)

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  • 03/27/2019
  • Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 03/27/2019)

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  • 03/26/2019
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  • (#36) Local Counsel Letter sent. Notice of Compliance deadline set for 4/25/2019. (nmg) (Entered: 03/26/2019)

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35 More Docket Entries
  • 12/21/2017
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  • (#10) ORDER granting #9 Motion for Extension of Time through 12/29/17 for Dfts to answer #1 Complaint. Signed by Judge Timothy C. Batten, Sr on 12/21/17. (rsh) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 12/21/2017)

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  • 12/19/2017
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  • (#9) Unopposed MOTION for Extension of Time to Respond to Complaint by Mark Clifton, Brett Kelly, David S. Osterman. (Attachments: #1 Text of Proposed Order)(Grier, Jason) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 12/19/2017)

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  • 12/11/2017
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  • (#8) Return of Service Executed by Easoon USA, LLC. Brett Kelly served on 12/4/2017, answer due 12/26/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 12/11/2017)

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  • 12/08/2017
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  • (#7) Return of Service Executed by Easoon USA, LLC. Mark Clifton served on 11/28/2017, answer due 12/19/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 12/08/2017)

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  • 12/05/2017
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  • (#6) Return of Service Executed by Easoon USA, LLC. David S. Osterman served on 11/28/2017, answer due 12/19/2017. (Hoopes, Scott) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 12/05/2017)

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  • 11/17/2017
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  • (#5) AO Form 120 forwarded to Commissioner. (eop) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 11/17/2017)

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  • 11/17/2017
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  • (#4) Electronic Summons Issued as to David S. Osterman. (eop) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 11/17/2017)

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  • 11/17/2017
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  • (#3) Electronic Summons Issued as to Mark Clifton. (eop) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 11/17/2017)

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  • 11/17/2017
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  • (#2) Electronic Summons Issued as to Brett Kelly. (eop) [Transferred from Georgia Northern on 3/26/2019.] (Entered: 11/17/2017)

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  • 11/17/2017
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  • (#1) COMPLAINT with Jury Demand, filed by Easoon USA, LLC; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-7515125.) (Attachments: #1 Ex -A- Patent 578, #2 Exhibit -B -B. Kelly Offer Letter, #3 Ex -C - B. Kelly Linkedin Profile, #4 Ex -D - B. Kelly Facebook, #5 Ex -E - M. Clifton Linkedin Page, #6 Ex -F - D. Osterman Linkedin Page, #7 Ex -G - Email Exchange, #8 Ex -H - May 5, 2017 Facebood Post, #9 Ex -I - Kelly %/31/17 and 6/2/17 Facebook Post, #10 Ex -J - Delaware Secretary of State Details, #11 Ex - K - Juve 15, 2017 Facebook Post, #12 Ex -L - Kelly 6/20/17 Facebook Post, #13 Ex -M - Kelly 6/20/17 Facebook Page, #14 Ex -N - Kelly 6/22/17 Facebook Post, #15 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 3/26/2019.] (Entered: 11/17/2017)

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