Kroger Specialty Pharmacy FL 2, LLC et al v. Bessen
| Kroger Specialty Pharmacy FL 2, LLC and Kroger Prescription Plans, Inc. |
| Scarlette Bessen |
| 1:2023cv00816 |
| December 14, 2023 |
| US District Court for the Southern District of Ohio |
| Jeffery P Hopkins |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 18
REPLY to Response to Motion re #15 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Scarlette Bessen. (Redden, Brian)
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Filing 17
RESPONSE in Opposition re #15 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC. (Shank, Robert)
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Filing 16
NOTICE by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC re #14 Brief (Attachments: #1 Declaration of Janelle Grubbs) (Shank, Robert)
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Filing 15
MOTION to Dismiss for Lack of Jurisdiction by Defendant Scarlette Bessen. (Attachments: #1 Exhibit Affidavit of Scarlette Bessen in Support of Defendant's Motion to Dismiss) (Redden, Brian)
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Filing 14
BRIEF by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC. (Attachments: #1 Exhibit A - Declaration of Janelle Grubbs) (Shank, Robert)
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Filing 13
WAIVER OF SERVICE Returned Executed. Waiver sent to Scarlette Bessen on 1/10/2024, answer due 3/11/2024. (Shank, Robert)
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Filing 12
STIPULATED TEMPORARY STAUS QUO ORDER - Defendant Scarlette Bessen (Bessen) is hereby temporarily enjoined and restrained from using or disclosing Plaintiffs' trade secrets or confidential information that are in her possession, custody, or control, including customer lists and customer contact information. 2. This Order shall continue in effect until the Court determines whether this Court has personal jurisdiction over Bessen, following the parties' briefing on this issue. If the Court finds that it has personal jurisdiction over Bessen, this Order shall continue in effect until the Court decides Plaintiffs' Motion for Preliminary Injunction to be filed or for forty-five (45) days of the date of this Order, whichever date is sooner. 3. Nothing herein constitutes Bessen's consent to this Court's exercise of personal jurisdiction over her. However, Bessen will abide by this Order until the Court decides whether it has personal jurisdiction. Signed by Judge Jeffery P. Hopkins on 1/12/2024. (kmc)
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Minute Entry for proceedings held before Judge Jeffery P. Hopkins: Informal Preliminary Conference by telephone re #2 Motion for Temporary Restraining Order held on 1/11/2024. Attorneys Robert Shank and Blythe McGregor appeared on behalf of Plaintiffs. Attorneys Brian Redden and Robert Dawson appeared on behalf of Defendant. Counsel for Defendant intends to challenge jurisdiction. The parties agreed to hold in abeyance a ruling on #2 the Motion for Temporary Restraining Order to allow briefing regarding jurisdiction. The Parties shall submit a proposed stipulated status quo order by 1/12/24. Scheduling order to issue. (Court Reporter: Linda Mullen) (emv)
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Filing 11
SCHEDULING ORDER - Proposed Stipulated Temporary Restraining Order due by 1/12/2024. Initial Briefing Regarding Personal Jurisdiction due by 1/25/2024. Responsive Briefing due by 2/1/2024. Signed by Judge Jeffery P. Hopkins on 1/11/2024. (kmc)
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Filing 10
NOTICE by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC re #1 Complaint, #2 MOTION for Temporary Restraining Order , #9 Summons Issued Rule 65(B) Notice (Attachments: #1 Exhibit Correspondence dated 12.18.23, #2 Exhibit UPS Delivery receipt, #3 Exhibit Veritext Emails - Service Attempts) (Shank, Robert)
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Filing 9
Summons Issued as to Scarlette Bessen. (md)
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Filing 8
Corporate Disclosure Statement by Plaintiff Kroger Prescription Plans, Inc.. (Shank, Robert)
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Filing 7
Corporate Disclosure Statement by Plaintiff Kroger Specialty Pharmacy FL 2, LLC. (Shank, Robert)
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Filing 6
REQUEST for Issuance of Summons. (Shank, Robert)
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Filing 5
NOTICE by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC re #2 MOTION for Temporary Restraining Order Text Searchable Exhibits (Shank, Robert)
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Filing 4
NOTICE by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC re #1 Complaint, Text Searchable Exhibits (Shank, Robert)
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Filing 3
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filings, docket numbers #1 Complaint and #2 MOTION for Temporary Restraining Order and it appears that the Exhibits to each docket entry are not text searchable and therefore not in compliance with Local Rule 5.1 (c). You shall refile the Exhibits to docket #1 Complaint and #2 MOTION for Temporary Restraining Order as text searchable documents, using the ECF event "Notice (Other)," and linking the documents back to the original entries within 24-hours. Non-Compliance Deadline due by 12/18/2023. (eh)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (zmc)
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Filing 2
MOTION for Temporary Restraining Order by Plaintiffs Kroger Prescription Plans, Inc., Kroger Specialty Pharmacy FL 2, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Janelle Grubbs, #2 Exhibit 2 - List of Documents Sent to Personal Email, #3 Text of Proposed Order) (Shank, Robert)
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Filing 1
COMPLAINT against Scarlette Bessen ( Filing fee $ 405 paid - receipt number: AOHSDC-9731028), filed by Kroger Specialty Pharmacy FL 2, LLC, Kroger Prescription Plans, Inc.. (Attachments: #1 Exhibit A - Business Protection Agreement, #2 Exhibit B - List of Documents Sent to Personal Email, #3 Exhibit C - Letter to Scarlette Besson, #4 Civil Cover Sheet) (Shank, Robert)
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