Kantsevoy v. LumenR LLC

301 F. Supp. 3d 577 (2018)

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Kantsevoy v. LumenR LLC

United States District Court for the District of Maryland
301 F. Supp. 3d 577 (2018)

  • Written by Rose VanHofwegen, JD
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Facts

Gregory Piskun founded LumenR LLC (LumenR) (defendant), a company developing a new medical technology. In June 2010, Piskun sent Dr. Sergey Kantsevoy (plaintiff) an email inquiring about Kantsevoy’s interest in consulting. The email began with the question, “Let’s start by introducing the technology to you?” It then said that if doing so was acceptable, then LumenR would pay Kantsevoy $500 per hour or $2,500 per day for his services, including meetings, labs, and clinical studies. The email further said that if Kantsevoy happened to become excited about the technology’s future, then LumenR could create an equity-ownership package that might provide Kantsevoy with substantial compensation upon exiting the venture. Kantsevoy responded that he was interested in consulting. In 2017, after having performed various consulting services, Kantsevoy sued LumenR for breach of contract. Kantsevoy alleged, among other things, that (1) the email exchange created a binding contract and (2) LumenR breached by failing to pay the agreed rates and to provide an equity package. LumenR responded that the emails did not create an enforceable contract, and asserted counterclaims. The district court issued a scheduling order specifying deadlines for pleading amendments, discovery, and pretrial motions. When LumenR sought to amend its answer to add an additional counterclaim six months after the amendment deadline, Kantsevoy objected. Additionally, the parties moved for judgment on the pleadings. The district court considered both whether to grant leave to amend and the viability of the parties’ claims.

Rule of Law

Issue

Holding and Reasoning (Hollander, J.)

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