TSUPKO v. KINETIC ADVANTAGE LLC

Indiana Southern District Court
Judge:Tanya Walton Pratt
Referred: Kellie M Barr
Case #: 1:24-cv-01210
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-(Citizenship)
Case Filed:Jul 19, 2024
Case in other court:Virginia Eastern, 1:24-cv-00361
Last checked: Monday Sep 02, 2024 4:49 AM EDT
Defendant
KINETIC ADVANTAGE, LLC
Represented By
Katherine Marguerite Lennon
Woods Rogers Vandeventer Black PLC
contact info
Gregory A. Schrage
Church Church Hittle & Antrim
contact info
Plaintiff
VICTOR TSUPKO
11247 Ramrod Rd
Woodbridge, VA 22192
Represented By
Adam James Bacon
Mahdavi, Bacon, Halfhill & Young, PLLC
contact info


Docket last updated: 08/12/2024 9:52 PM EDT
Wednesday, March 06, 2024
1 1 COMPLAINT against Kinetic Advantage LLC ( Filing fee $ 405, receipt number 100006102.), filed by Victor Tsupko.(Sbro) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Affidavit,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Receipt
2 2 Summons Issued as to Kinetic Advantage LLC to be served by certified mail (Sbro) [Transferred from Virginia Eastern on 7/19/2024.]
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Wednesday, April 03, 2024
3 3 MOTION for Extension of Time to File Answer re1 Complaint Motion to Set a Deadline for Responsive Pleadings and Motions or, in the Alternative, Motion for Extension of Time to File Responsive Pleadings by Kinetic Advantage LLC.(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Proposed Order Proposed Order
4 4 4 pgs Memorandum in Support re3 MOTION for Extension of Time to File Answer re1 Complaint Motion to Set a Deadline for Responsive Pleadings and Motions or, in the Alternative, Motion for Extension of Time to File Responsive Pleadings filed by Kinetic Advantage LLC.(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Exhibit A
5 5 Financial Interest Disclosure Statement (Local Rule 7.1) by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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6 6 ORDER granting3 Motion to Set a Deadline for Responsive Pleadings and Motions, Or, In The Alternative, Motion for Extension of Time to File a Responsive Pleadings. ORDERED that defendant shall file an answer to the Complaint, or other responsive pleading, by April 24, 2024. Signed by Magistrate Judge Lindsey R. Vaala on 04/03/2024. (wgar, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Wednesday, April 24, 2024
7 7 MOTION to Dismiss for Failure to State a Claim with Roseboro,., MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., MOTION to Transfer Case by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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8 8 7 pgs Memorandum in Support re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Thursday, April 25, 2024
9 9 Notice of Hearing Date May 30, 2024 re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Friday, April 26, 2024
Set Deadline as to7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case . Motion Hearing set for 5/30/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (triv) [Transferred from Virginia Eastern on 7/19/2024.]
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Friday, May 10, 2024
10 10 7 pgs Memorandum in Opposition re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (swil) [Transferred from Virginia Eastern on 7/19/2024.]
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Wednesday, May 15, 2024
11 11 MOTION for Extension of Time to File Response/Reply as to10 Memorandum in Opposition by Kinetic Advantage LLC.(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Proposed Order Proposed Order
12 12 3 pgs Memorandum in Support re11 MOTION for Extension of Time to File Response/Reply as to10 Memorandum in Opposition filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Thursday, May 16, 2024
13 13 ORDER that Kinetic Advantage LLC's11 Motion for Extension of Time to File Reply to10 Pltf's Opposition to Deft's Motion to Dismiss is hereby GRANTED . Kinetic Advantage LLC shall file its Reply on or before 05/20/2024. Signed by District Judge Patricia Tolliver Giles on 05/16/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Monday, May 20, 2024
14 14 REPLY to Response to Motion re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Friday, May 24, 2024
Reset Deadlines as to7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case . Motion Hearing set for 6/12/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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15 15 ORDER that the Court will address the Deft's7 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, MOTION to Transfer Case on Wednesday, 06/12/2024 at 10:00 a.m. Signed by District Judge Patricia Tolliver Giles on 05/24/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Tuesday, May 28, 2024
16 16 RESPONSE in Opposition in re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko.(Sbro, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Affidavit
Wednesday, June 05, 2024
17 17 5 pgs Memorandum in Support of Motion to Notify Court of Related Case in Indiana Hamilton County filed by Victor Tsupko.(Sbro, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Affidavit of Victor V. Tsupko
Monday, June 10, 2024
Reset Deadline as to7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case . Motion Hearing set for 7/18/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (PER ORDER OF 06/10/24-PTG) (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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18 18 NOTICE of Appearance by Adam James Bacon on behalf of Victor Tsupko (Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.]
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19 19 3 pgs Memorandum Supplementing Opposition to7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko. (Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.]
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20 20 ORDER that Pltf's request for supplemental briefing on and the continuance of the hearing on the7 Motion is GRANTED ; within 10 days of entry of this Order, Deft shall file supplemental briefing regarding Deft's pending Motion (Dkt. 7) that includes Indiana law; Pltf shall file a response to Deft's supplemental brief within 10 days. Pltf is also ORDERED to address whether Victory Motors Inc. is a party to this lawsuit, and if it is not, how Victor Tsupko has standing to bring the claims pleaded in the Complaint to enable this Court to exercise subject matter jurisdiction; the hearing currently set for Wednesday, 06/12/2024, at 10:00 AM be CONTINUED to Thursday, 07/18/2024, at 10:00 a.m. (see Order for details). Signed by District Judge Patricia Tolliver Giles on 06/10/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Thursday, June 20, 2024
21 21 9 pgs Memorandum in Support re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case Supplemental Memorandum in Accordance with The Court's June 10, 2024, Order filed by Kinetic Advantage LLC.(Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Exhibit A
22 22 Response to17 Memorandum Defendant's Response to Plaintiff's Memorandum in Support of Motion to Notify Court of Related Case in Indiana Hamilton County filed by Kinetic Advantage LLC. (Lennon, Katherine) [Transferred from Virginia Eastern on 7/19/2024.]
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Friday, June 28, 2024
23 23 10 pgs Memorandum in Opposition re7 MOTION to Dismiss for Failure to State a Claim with Roseboro,. MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. MOTION to Transfer Case filed by Victor Tsupko.(Bacon, Adam) [Transferred from Virginia Eastern on 7/19/2024.]
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Att: 1 Proposed Order Proposed Order denying motion
Thursday, July 18, 2024
Case transferred to District of Southern District of Indiana. Original file, certified copy of transfer order, and docket sheet sent. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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24 24 Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 7/18/2024. Appearances of Counsel for Plaintiff and Counsel for Defendant. Re:7 MOTION to Dismiss for Failure to State a Claim with Roseboro, MOTION to Dismiss for Lack of Jurisdiction with Roseboro, MOTION to Transfer Case filed by Kinetic Advantage LLC - MATTER ARGUED AND GRANTED - CASE WILL BE TRANSFERRED TO INDIANA - ORDER TO FOLLOW. Court Reporter: S. Wallace (pmil, ) (Main Document 24 replaced on 7/18/2024) (pmil, ). [Transferred from Virginia Eastern on 7/19/2024.]
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25 25 ORDER, for the reasons stated from the bench, Deft's7 Motion to Transfer Case is GRANTED ; this civil action be and is TRANSFERRED to the Southern District of Indiana. Signed by District Judge Patricia Tolliver Giles on 07/18/24. (pmil, ) [Transferred from Virginia Eastern on 7/19/2024.]
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Friday, July 19, 2024
26 26 3 pgs Case transferred in from District of Virginia Eastern; Case Number 1:24-cv-00361. Original file copy of transfer order and docket sheet received.
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27 27 1 pgs Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF)
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28 28 1 pgs MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF)
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