[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 22-12877

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ARNO RESOURCES, LLC, 

Plaintiff-Appellant,

versus

EPIC TECH, LLC, 

FRONTIER SOFTWARE SYSTEMS, LLC, 

RED ROCK INVESTMENTS, LLC, 

CRIMSON SKY, LLC, 

CRIMSON SKY II, LLC, et al.,

Defendants-Appellees.

____________________

USCA11 Case: 22-12877 Document: 31-1 Date Filed: 10/06/2023 Page: 1 of 3
2 Opinion of the Court 22-12877

Appeal from the United States District Court

for the Northern District of Georgia

D.C. Docket No. 1:20-cv-02540-ELR

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Before JORDAN, ROSENBAUM, and HULL, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Arno Resources, LLC appeals the district 

court’s order dismissing its complaint against: (1) six corporate 

entities—Epic Tech, LLC, Frontier Software Systems, LLC, Red 

Rock Investments, LLC, Crimson Sky, LLC, Crimson Sky II, LLC, 

and Winter Sky, LLC; and (2) six individuals—Bob Mosley, Sr., Bob 

Mosley, Jr., Starita Mosley, J. Michael Caldwell, Tim Caldwell, and 

Erik Nordin. Arno’s complaint raised several claims stemming 

from a “Development Agreement” between Custom Game 

Design, Inc.—Arno’s predecessor-in-interest—and Gateway 

Gaming, LLC—a now-dissolved, non-defendant corporation 

owned and operated by Mosley, Sr. and J. Michael Caldwell. 

Under the Development Agreement, Gateway paid Custom 

$855,400 to create gaming applications, and Custom granted 

Gateway a perpetual worldwide license to use Custom’s 

proprietary gaming terminals and “back-end” software required to 

run the gaming applications (collectively the “Software”). Arno’s 

claims centered on its allegations that the Software licensed to 

Gateway under the Development Agreement was 

non-transferrable to a third party and that defendants-appellees 

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22-12877 Opinion of the Court 3

improperly transferred or assigned that Software license to some of 

the corporate defendants. 

The corporate and individual defendants filed motions to 

dismiss on multiple grounds. In ruling on the motions, the district 

court: (1) dismissed without prejudice for lack of personal 

jurisdiction Arno’s claims against Mosley, Sr., Mosley, Jr., Starita 

Mosley, and J. Michael Caldwell; and (2) dismissed with prejudice 

for failure to state a claim for relief Arno’s claims against the 

corporate defendants and the remaining individual defendants. 

Regarding this latter ruling, the district court concluded that the 

Development Agreement did not prohibit the transfer of the 

Software license Gateway paid for and received.

After careful consideration of the parties’ briefs and the 

entire record, and with the benefit of oral argument, we find no 

reversible error and affirm the district court’s dismissal of Arno’s 

complaint: (1) without prejudice as to defendants Mosley Sr., 

Mosley, Jr., Starita Mosley, and J. Michael Caldwell; and (2) with 

prejudice as to defendants Tim Caldwell, Erik Nordin, Epic Tech, 

LLC, Frontier Software Systems, LLC, Red Rock Investments, 

LLC, Crimson Sky, LLC, Crimson Sky II, LLC, and Winter Sky, 

LLC.

AFFIRMED.

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