Synergy Aesthetics, LLC v. Boe et al
| Synergy Aesthetics, LLC |
| Brenda Boe and Evolus, Inc. |
| 5:2019cv06082 |
| July 5, 2019 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Beth Phillips |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #26 : Defendants' Motion to Clarify is GRANTED. See Order for details. Plaintiff's motion for leave to file a sur-reply #41 is DENIED. Signed on 8/30/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 43 SUGGESTIONS in opposition re #41 MOTION for leave to file Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant Brenda Boe's Motion for Clarification filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc.. Reply suggestions due by 9/3/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit BB-Travel Itinerary)(Related document(s) #41 ) (Stumph-Turner, Megan) |
| Filing 42 NOTICE of filing Plaintiff's Reply Suggestions in Support of Motion for Preliminary Injunction by Synergy Aesthetics, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sobczyk, Brian) |
| Filing 41 MOTION for leave to file Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant Brenda Boe's Motion for Clarification filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/30/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Synergy's Proposed Sur-Reply to Boe's Motion for Clarification)(Sobczyk, Brian) |
| Filing 40 NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re #38 Reply Suggestions to Motion, of Exhibit AA filed under sealed (Stumph-Turner, Megan) |
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Filing 39
ORDER granting #37 Defendants' motion for leave to file an exhibit under seal. Defendants are directed to file Exhibit AA to their reply suggestions to the motion to clarify within three business days. Signed on 8/13/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna)
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| Filing 38 SUGGESTIONS in support re #37 MOTION for leave to file Reply Exhibit Under Seal, REPLY SUGGESTIONS to motion #26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Brenda Boe)(Related document(s) #37 , #26 ) (Stumph-Turner, Megan) Modified on 8/13/2019: Docket text modified to reflect two filing events. NEF regenerated. (Melvin, Greg) |
| Filing 37 MOTION for leave to file Reply Exhibit Under Seal filed by Megan R Stumph-Turner on behalf of All Defendants. Suggestions in opposition/response due by 8/26/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) |
| Filing 36 NOTICE (SEALED) by Synergy Aesthetics, LLC re #34 Suggestions in Opposition to Motion, Sealed Exhibits (Attachments: #1 Exhibit A, #2 Exhibit B)(Sobczyk, Brian) |
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Filing 35
ORDER granting #33 motion for leave to file exhibits under seal. Plaintiff is directed to file under seal Exhibits A and B to its suggestions in opposition to the motion to clarify within three business days. Signed on 8/9/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna)
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| Filing 34 SUGGESTIONS in opposition re #26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Brian Edward Sobczyk on behalf of Plaintiff Synergy Aesthetics, LLC. Reply suggestions due by 8/22/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #26 ) (Sobczyk, Brian) |
| Filing 33 MOTION for leave to file Exhibits Under Seal filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/22/2019 unless otherwise directed by the court. (Sobczyk, Brian) |
| Filing 32 ANSWER to Counterclaim of Brenda Boe on behalf of Synergy Aesthetics, LLC.(Sobczyk, Brian) (Main Document 32 replaced on 8/8/2019 per request of attorney) (Crocker, Susan). |
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Filing 31
ORDER setting deadlines. Plaintiff's response to Defendants' motion to clarify is due up to and including Thursday, August 8, 2019. Defendants' reply to the motion to clarify is due Monday, August 12, 2019. In addition, Plaintiff's reply to the motion for a preliminary injunction is extended to Friday, August 16, 2019. Signed on 8/2/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna)
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Filing 30
ORDER granting #24 motion to continue temporary restraining order. The temporary restraining order is extended until such time that the Court rules on Plaintiff's request for a preliminary injunction. Signed on 8/2/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna)
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| Filing 29 NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re #27 Suggestions in Support of Motion, Exhibit B (Filed Under Seal) (Stumph-Turner, Megan) |
| Filing 28 NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re #27 Suggestions in Support of Motion, Exhibit A (Filed Under Seal) (Stumph-Turner, Megan) |
| Filing 27 SUGGESTIONS in support re #26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc.. (Attachments: #1 Exhibit A (Under Seal), #2 Exhibit B (Under Seal))(Related document(s) #26 ) (Stumph-Turner, Megan) |
| Filing 26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Brenda Boe, Evolus, Inc.. Suggestions in opposition/response due by 8/16/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) |
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Filing 25
ORDER granting #22 Defendants' Motion to file exhibits under seal is GRANTED and Exhibits A and B to Defendants' Motion to Clarify are allowed to be filed under seal. Signed on 8/2/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 24 MOTION to continue Plaintiff's Motion for Extension/Continuance of Temporary Restraining Order filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/15/2019 unless otherwise directed by the court. (Sobczyk, Brian) |
| Filing 23 PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 8/1/19 by Chief District Judge Beth Phillips. (Attachments: #1 Declaration) (Cordell, Annette) |
| Filing 22 MOTION for leave to file Exhibits Under Seal filed by Megan R Stumph-Turner on behalf of Brenda Boe, Evolus, Inc.. Suggestions in opposition/response due by 8/14/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) |
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Filing 21
ORDER granting #20 Plaintiff's Unopposed Motion for Extension of Time to File Reply in support of Preliminary Injunction is GRANTED, up to and including August 8, 2019. Signed on 7/24/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
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| Filing 20 MOTION for extension of time to file response/reply In Support of Preliminary Injunction filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/7/2019 unless otherwise directed by the court. (Sobczyk, Brian) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 19
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 9/5/2019. Rule 26 conference due by 8/22/2019. Signed on 7/22/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 18 Consent MOTION for protective order Plaintiff's Motion for Entry of Stipulated Protective Order filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/5/2019 unless otherwise directed by the court. (Sobczyk, Brian) |
| Filing 17 ANSWER to Complaint with Jury Demand on behalf of Evolus, Inc..(Stumph-Turner, Megan) |
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Filing 16
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. Synergy's motion to issue a temporary restraining order is GRANTED in part and DENIED in part. Boe is enjoined from soliciting business from clients she serviced during her time at Synergy. Boe is not prohibited from soliciting new customers (and may use information such as a customer list to do so). Signed on 7/18/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 15 Defendant Brenda Boe's ANSWER to Complaint with Jury Demand and, COUNTERCLAIM against Synergy Aesthetics, LLC on behalf of Brenda Boe.(Stumph-Turner, Megan) (Main Document 15 replaced on 7/17/2019 at the request of filer due to a clerical error; NEF regenerated) (Ellis, Lindsey). |
| Filing 14 DISCLOSURE OF CORPORATE INTERESTS filed by Brian Edward Sobczyk on behalf of Plaintiff Synergy Aesthetics, LLC.(Sobczyk, Brian) |
| Filing 13 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: PRELIMINARY INJUNCTION HEARING held on 7/12/2019 Time in court: 9:34 a.m. to 11:19 a.m.. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. (McIlvain, Kelly) |
| Filing 12 NOTICE of filing Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Brenda Boe, Evolus, Inc. (Attachments: #1 Exhibit A - Affidavit)(Stumph-Turner, Megan) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Brenda Boe, Evolus, Inc.. (Attachments: #1 Exhibit A)(Stumph-Turner, Megan) |
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Filing 10
ORDER TO SHOW CAUSE. Defendants have not properly alleged diversity jurisdiction. Before the close of business on Thursday, July 11, 2019, Defendants shall provide the Court with additional information establishing the citizenship for Plaintiff. They must identify all of the members of the Plaintiff LLC and the citizenship for each of those members. Signed on 7/9/19 by Chief District Judge Beth Phillips. (Cordell, Annette)
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| Filing 9 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Preliminary Injunction/Temporary Restraining Order Hearing set for 7/12/2019 09:30 AM in Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. (Cordell, Annette) |
| Filing 8 NOTICE OF REASSIGNMENT. Pursuant to ORDER at #7, this case is randomly reassigned to the Honorable Chief District Judge Beth Phillips for all further proceedings. Please note the new case number: 5:19-06082-CV-SJ-BP. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) |
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Filing 7
ORDER directing the Clerk of Court to randomly reassign this case for all further proceedings. Signed on 7/8/19 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| Filing 6 NOTICE of appearance by Megan R Stumph-Turner on behalf of All Defendants (Stumph-Turner, Megan) |
| Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 4 DISCLOSURE OF CORPORATE INTERESTS filed by David M. Eisenberg on behalf of Defendant Evolus, Inc..(Eisenberg, David) |
| Filing 3 NOTICE of appearance by John W. Cowden on behalf of All Defendants (Attorney John W. Cowden added to party Brenda Boe(pty:dft), Attorney John W. Cowden added to party Evolus, Inc.(pty:dft))(Cowden, John) |
| Filing 2 NOTICE of appearance by David M. Eisenberg on behalf of Brenda Boe, Evolus, Inc. (Eisenberg, David) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Platte County, Missouri County, case number 19AE-CC00197, filed by David M. Eisenberg on behalf of Evolus, Inc., Brenda Boe. Filing fee $ 400, receipt number AMOWDC-6387347. (Attachments: #1 Exhibit A-State Court Petition, #2 Exhibit B-Report, #3 Exhibit C-State Court File, #4 Civil Cover Sheet)(Eisenberg, David) |
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