Alpha Orthopedic Systems, LLC v. Kelley et al
Plaintiff: Alpha Orthopedic Systems, LLC
Defendant: Crossroads Sports Medicine, Inc. and Patrick Kelley
Case Number: 3:2021cv00079
Filed: February 5, 2021
Court: US District Court for the Western District of Kentucky
Presiding Judge: Charles R Simpson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2021 Opinion or Order Filing 23 ORDER by Senior Judge Charles R. Simpson, III on 3/30/2021, this matter is ADMINISTRATIVELY CLOSED with leave to reopen; Motion for temporary restraining order is denied.cc:counsel (KJA)
March 19, 2021 Filing 22 AGREED INJUNCTION Signed by Senior Judge Charles R. Simpson, III on 3/18/2021 granting #21 Proposed Agreed Injunction. cc: Counsel (SRH)
March 18, 2021 Filing 21 Proposed Agreed Order Agreed Injunction by Alpha Orthopedic Systems, LLC. (Imhof, Kevin)
March 12, 2021 Opinion or Order Filing 20 ORDER FOLLOWING TELEPHONIC CONERENCE for proceedings held before Senior Judge Charles R. Simpson, III. Telephone Conference held on 3/9/2021. The parties SHALL file an agreed injunction on or before 3/19/2021. Upon filing of the agreed injunction, the matter will be administratively closed, with leave to reopen, if necessary, upon motion to the Court. (Court Reporter: Becky Boyd) cc: counsel (SRH)
March 4, 2021 Filing 19 Notice of Filing Official Transcript re #18 Transcript - Court Official,,. Please review the complete Notice for instructions. (Boyd, Rebecca)
March 4, 2021 Filing 18 FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2-11-21, before Judge Charles R. Simpson. Court Reporter Rebecca S. Boyd, Telephone number (502) 625-3777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/2/2021. (Boyd, Rebecca)
March 1, 2021 Opinion or Order Filing 17 ORDER SCHEDULING TELEPHONIC CONFERENCE by Senior Judge Charles R. Simpson, III on 3/1/2021. Telephone Conference set for 3/9/2021 at 2:00 PM before Senior Judge Charles R. Simpson III. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 1-888-684-8852 and entering access code 2068314#. cc: counsel (SRH)
February 22, 2021 Filing 16 NOTICE to Take Deposition by Alpha Orthopedic Systems, LLC (Imhof, Kevin)
February 22, 2021 Filing 15 NOTICE to Take Deposition by Alpha Orthopedic Systems, LLC (Imhof, Kevin)
February 17, 2021 Filing 14 HEARING ORDER for proceedings held before Senior Judge Charles R. Simpson, III. Motion Hearing held on 2/11/2021 re #4 MOTION for Temporary Restraining Order and preliminary injunction #1 , filed by Alpha Orthopedic Systems, LLC.Limited Discovery due by 3/4/2021 to address testimony elicited during the hearing. A transcript of the hearing will be prepared and provided to the parties by 3/4/2021. Plaintiff's Supplemental Brief due by 3/12/2021. Defendant's Response Brief due by 3/22/2021. Plaintiff's reply brief due by 3/24/2021. Upon completion of the briefing, the matter will then stand submitted to the Court for decision. The parties agreed and stipulated on the record that a stand-still will remainin effect until this motion is decided by the Court. (Court Reporter Becky Boyd.) cc: counsel (SRH)
February 17, 2021 Filing 13 NOTICE of Correction of Statement by Alpha Orthopedic Systems, LLC (Attachments: #1 Declaration of Robby Schultz) (Imhof, Kevin)
February 15, 2021 Filing 12 NOTICE to Take Deposition by Alpha Orthopedic Systems, LLC (Imhof, Kevin)
February 12, 2021 Filing 11 NOTICE of Intent to Serve Subpoenas Duces Tecum by Alpha Orthopedic Systems, LLC (Attachments: #1 Copy of Subpoena Duces Tecum and Exhibit A (Certus Medical, LLC), #2 Copy of Subpoena Duces Tecum and Exhibit A (TRIO Medical, LLC), #3 Copy of Subpoena Duces Tecum and Exhibit A (Chad Lamar), #4 Copy of Subpoena Duces Tecum and Exhibit A (Christopher C. McConnell)) (Imhof, Kevin)
February 11, 2021 Opinion or Order Filing 10 TEXT ORDER by Senior Judge Charles R. Simpson, III on 2/11/2021, GRANTING #8 Motion for Kyle F. Biesecker to Appear Pro Hac Vice on behalf of the Defendants in this matter. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK)
February 11, 2021 Opinion or Order Filing 9 TELEPHONIC CONFERENCE ORDER signed by Senior Judge Charles R. Simpson, III on 2/10/2021. Telephonic Conference was held on 2/8/2021. Motion Hearing re: #4 MOTION for Temporary Restraining Order is set for 2/11/2021 at 01:30 PM before Senior Judge Charles R. Simpson III, to proceed by way of video teleconference. In advance of hearing, Plaintiff shall provide to the Court and opposing counsel any additional documents, other than what has been filed as exhibits to the Complaint and motion, it anticipates presenting as evidence at the hearing. (Court Reporter: Becky Boyd)cc: Counsel (RLK)
February 9, 2021 Filing 8 MOTION for Kyle F. Biesecker to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3282260. by Defendants Crossroads Sports Medicine, Inc., Patrick Kelley (Attachments: #1 Exhibit Certificate of Good Standing - Kyle F. Biesecker, #2 Affidavit Affidavit of Kyle F. Biesecker, #3 Proposed Order) (Dutkanych, Andrew)
February 9, 2021 Filing 7 NOTICE of Appearance by Andrew Dutkanych, III on behalf of Patrick Kelley (Dutkanych, Andrew)
February 9, 2021 Filing 6 NOTICE of Appearance by Andrew Dutkanych, III on behalf of Crossroads Sports Medicine, Inc. (Dutkanych, Andrew)
February 8, 2021 Proceedings held before Senior Judge Charles R. Simpson, III: Telephone Conference held on 2/8/2021. (Court Reporter Becky Boyd.) (RLK)
February 5, 2021 Filing 5 Summons Issued as to Crossroads Sports Medicine, Inc. and Patrick Kelley. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (SRH)
February 5, 2021 Filing 4 MOTION for Temporary Restraining Order by Plaintiff Alpha Orthopedic Systems, LLC. (Attachments: #1 Exhibit A- Declaration of Robby Schultz, #2 Proposed Order) (SRH)
February 5, 2021 Filing 3 Corporate Disclosure Statement by Alpha Orthopedic Systems, LLC. (SRH)
February 5, 2021 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (SRH)
February 5, 2021 Filing 1 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DAMAGES, filed by Alpha Orthopedic Systems, LLC., against Crossroads Sports Medicine, Inc. and Patrick Kelley. Filing fee $402, receipt number 0644-3280173. (Attachments: #1 Exhibit A- Independent Contractor Agreement, #2 Exhibit B- Cease and Desist letter to P. Kelley, #3 Cover Sheet, #4 Summons tendered) (SRH)

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Plaintiff: Alpha Orthopedic Systems, LLC
Represented By: Mark T. Hurst
Represented By: Jeffrey Calabrese
Represented By: Kevin A. Imhof
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Defendant: Crossroads Sports Medicine, Inc.
Represented By: Kyle F. Biesecker
Represented By: Andrew Dutkanych, III
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Defendant: Patrick Kelley
Represented By: Kyle F. Biesecker
Represented By: Andrew Dutkanych, III
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