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Kantsevoy v. LumenR, LLC | 301 F. Supp. 3d 577 (2018)

In Kantsevoy versus LumenR, we’ll look at the issues of contract formation and amending pleadings after a court’s deadline.

In June of 2010, Gregory Piskun, the founder of LumenR, sent Dr. Sergey Kantsevoy an email asking Kantsevoy if he would be interested in consulting work at LumenR. Piskun’s email stated that LumenR would first show Kantsevoy new medical technology. If Kantsevoy was interested, then LumenR would pay Kantsevoy $500 per hour or $2,500 per day for his services. Piskun’s email also stated that if Kantsevoy was excited about the technology, then LumenR could create an equityownership package that could be lucrative in the future. Kantsevoy replied, quote, “Yes, I am interested,” unquote, to Piskun’s email.

After Kantsevoy performed some consulting work for LumenR, Kantsevoy sued LumenR for breach of contract. Among other claims, Kantsevoy argued that the 2010 email exchange between Piskun and Kantsevoy created a binding contract and that Kantsevoy wasn’t paid in accordance with the terms set out in the contract. LumenR claimed that the emails didn’t create a binding contract, and LumenR asserted counterclaims against Kantsevoy. When LumenR asserted its counterclaims, it was aware of the core operative facts that LumenR needed to know to assert all its relevant counterclaims.

The district court set a scheduling order that set various deadlines for the case. LumenR moved to amend its answer and counterclaims six months after the court’s deadline. Kantsevoy opposed LumenR’s motion and argued that LumenR didn’t show good cause to amend the order after the deadline. LumenR argued that there was good cause because the relevant facts of the case weren’t fully developed until after the discovery deadline had passed.

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