Skyway USA, Inc. v. Synergistic Communications LLC
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
August 22, 2008
SKYWAY USA, INC., PLAINTIFF, v. SYNERGISTIC COMMUNICATIONS LLC, ET AL., DEFENDANTS.
MEMORANDUM OPINION AND ORDER
This matter is before the court on defendants Star Connect, LLC and Timothy Peabody's motion to dismiss for lack of personal jurisdiction and defendant Jeffrey Nesbit's motion to dismiss for lack of personal jurisdiction and failure to state a claim upon which relief may be granted. DE 55; DE 56. The court, having reviewed the record and being otherwise sufficiently advised, will deny both motions.
I. Background*fn1
The plaintiff, Skyway USA, Inc. ("Skyway"), is a Kentucky corporation with its primary business office in Louisville, Kentucky. As part of its business, Skyway provides rural customers with Internet access via satellite. Skyway does business with companies holding satellite "connectivity" in order to provide Internet access to its customers.
Internet Satellite Platform, Inc. ("ISAT") is among the companies with which Skyway has previously done business in order to gain the satellite connectivity necessary to its business. ISAT filed bankruptcy and its assets were purchased from the bankruptcy trustee by Synergistic Communications, LLC ("Synergistic") in 2005. Included among these assets were computers containing contact, account, and billing information for Skyway's customers. Synergistic was formed in Tennessee on December 9, 2004, and was recognized in Florida as a foreign LLC on March 18, 2005, with its address the same as ISAT's former address in Altamonte Springs, Florida. Synergistic posted on its website that it was a "privately owned subsidiary of Shiloh Communications." DE 62-3. Shiloh Communications, Inc., posted on its website that "Synergistic Communications, LLC (SynComm) has acquired ISAT and all of its assets as of Friday, November 26, 2004" and that "[w]e welcome ISAT to the Shiloh Media Group family." DE 62-4. Shiloh Media Group, LLC was formed by Nesbit, and the Nevada Secretary of State lists Nesbit and Gerald Drummonds as presidents of Shiloh Communications, Inc. DE 62-2. [...] http://ky.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20080822_0000495.WKY.htm/qx
Skyway USA, Inc. v. Synergistic Communications LLC et al Assigned to: Judge Jennifer B. Coffman Referred to: Magistrate Judge Dave WhalinCase in other court: Jefferson Circuit Court, 05-CI-05084
Cause: 28:1332 Diversity-Contract Dispute
Date Filed: 06/24/2005 Date Terminated: 03/31/2010 Jury Demand: Defendant Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
03/31/2010 96 ORDER by Judge Jennifer B. Coffman on 3/31/10 Dismissing Case WITH PREJUDICE for failure to prosecute. This action is STRICKEN from the active docket.cc:counsel (JBM) (Entered: 03/31/2010)
03/22/2010 95 Mail Returned as Undeliverable re: 94 . Mail addressed to Gerald Drummonds. (JBM) (Entered: 03/23/2010)
03/08/2010 94 ORDER by Judge Jennifer B. Coffman on 3/5/2010; within 14 days from date of entry of this order, parties to show cause why they have failed to follow the orders of the court and why the case should not be dismissed for failure to prosecute; failure of the parties to show cause may result in dismissal of the suit.cc:counsel (TLB) (Entered: 03/08/2010)
12/18/2009 93 ORDER by Judge Jennifer B. Coffman on 12/17/09; Status Report due within 14 days from the entry of this Order; Telephonic conference set for 12/17/09 is CANCELED' Claims against William G. Davis and Bruce Taylor are DISMISSED without prejudice.cc:counsel (JBM) (Entered: 12/18/2009)
11/18/2009 92 AGREED ORDER OF DISMISSAL of claims against Timothy P. Peabody by Judge Jennifer B. Coffman on 11/18/09; The Court dismisses all claims against Timothy P. Peabody with prejudice. Each party to pay their own court costs.cc:counsel (JBM) (Entered: 11/18/2009)
11/18/2009 91 AGREED JUDGMENT OF DISMISSAL by Judge Jennifer B. Coffman on 11/18/09; The Court hereby dismissed all claims against Jeffrey Nesbit with prejudice. cc:counsel (JBM) (Entered: 11/18/2009)
SUNRISE, FL NOVEMBER 15, 2013 – Wialan Technologies Inc. (OTC Pink: ACYD, the “company”), a next generation telecommunications provider, has announced that they are reorganizing management to accommodate permanent financing, new business relationship development, market expansion, and communications. In a board meeting yesterday, the company accepted Mr. Peabody’s resignation as CEO and board member and elected Mr. Freifeld as interim CEO and board member, the company also named Claudius Tapia, Director of Communications. Tim Peabody, ESQ. provided exceptional corporate guidance and structure experience during the merger process which concluded August 29, 2013. Mr. Peabody will continue supporting the company in other business ventures nationally and internationally. ...
***WARNING*** Stay far away from Attorney Tim Peabody. He is a liar, thief and cares not who he screws over. He is notorious for taking an idea or concept and pumping it up to get $ from investors to pay himself and then he is on to next victim. He was pumping Quiet Title in Federal Court Scamming homeowners out of money promising to cancel their mortgage to get a free house. He did a seminar tour of Florida telling all who would listen how much success he was having when in truth - HE NEVER HAD A SINGLE SUCCESSFUL CASE where he cleared title. He is nothing but a scammer. But he is smart lawyer. Tim Peabody will never be the one actually doing the scam. He will get someone else to do the scamming and he will "advise" them. This way when the shit hits the fan and music stops - it looks like someone else did scamming. BEWARE OF THIS GUY. People trust him because he is an "attorney" but he is not to be trusted.
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