Konopka v. Clemons

MEMORANDUM & ORDER According to the operative pleading in this case, plaintiff Christopher Konopka and defendant Christopher Clemons (“Clemons”) were partners in a business venture called Advanced Creative Gaming LLC (“ACG”). Compl. 12, ECF No. 1. The venture apparently ended badly; Konopka and Clemons ultimately “sought the dissolution” of ACG in a 2016 and 2017 litigation in Nevada state court. Id. 13; see Compl. Ex. A, ECF No. 3. That litigation was resolved by a settlement agreement pursuant to which Clemons agreed to pay Konopka $350,000 over time. Compl. 15. To the secure these payments, Konopka received a security interest in a patent held by ACG. Id. 20. Following the settlement agreement, but before Konopka could perfect the security interest, Clemons — who held the majority stake in ACG — transferred the patent (via assignment) to defendant Clemtek LLC, an entity that Clemons controlled alongside his parents Tandy and Donna Clemons (who are also defendants here). Id.

21–25, 46. When Clemons later defaulted on his settlement payments, id.