RX Medical LLC et al v. Melton et al
| RX Medical LLC, ROK Sales LLC and ROK Medical Managment LLC |
| Rob Melton, Justin Poos, Brady Cline, Todd Perry, Shelby Bullard, Greg Mason, Josh McDonald, Kristy Moore, Digss Investments LLC, Stryker Corporation, Summit Spine Solutions LLC and RD Medical LLC |
| 5:2022cv00731 |
| August 24, 2022 |
| US District Court for the Western District of Oklahoma |
| Patrick R Wyrick |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 LETTER from USDC WDOK remanding case to Oklahoma County District Court. (ks) |
Filing 27
ORDER Remanding case to the District Court of Oklahoma County, as the federal question is no longer present, and declining supplemental jurisdiction over the five remaining state law claims (as more fully set out in order). Signed by Judge Patrick R Wyrick on 9/1/2022. (ks)
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| Filing 26 RESPONSE in Opposition re #15 MOTION for Preliminary Injunction and Brief in Support filed by All Defendants. (Phansalkar, Kiran) |
| Filing 25 ENTRY of Appearance by Michael D Wexler on behalf of Shelby Bullard, Brady Cline, Digss Investments LLC, Greg Mason, Josh McDonald, Rob Melton, Kristy Moore, Todd Perry, Justin Poos, RD Medical LLC, Stryker Corporation, Summit Spine Solutions LLC (Wexler, Michael) |
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Filing 24
ENTER ORDER Striking the Hearing on Defendants' Emergency Motion to Dissolve Ex Parte Temporary Restraining Order (Dkt. 6), scheduled for Wednesday, August 31, 2022 at 10:00 a.m.. Signed by Judge Patrick R Wyrick on 8/30/2022. (ks)
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| Filing 23 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Employee Non-Compete Agreements, #2 Exhibit 2 - Confidentiality & Non-Competition Agreements)(Ryan, Jason) |
| Filing 22 MOTION for Leave to Conduct Limited, Expedited Discovery by All Defendants. (Attachments: #1 Exhibit 1 - First Expedited Rogs, #2 Exhibit 2 - First Expedited RFP)(Phansalkar, Kiran) |
| Filing 21 MOTION to Quash Subpoenas by All Defendants. (Phansalkar, Kiran) |
| Filing 20 NOTICE (other) by All Plaintiffs of Intent to Amend Their Pleading to Remove Their Claim Under the Federal Computer Fraud and Abuse Act (Ryan, Jason) |
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Filing 19
ORDER granting #11 and #12 Motions to Appear Pro Hac Vice; Michael D. Wexler and Kevin J. Mahoney are admitted to practice before this Court for the limited purpose of participating in this case on behalf of Defendant, provided each counsel becomes properly registered and files an entry of appearance, consistent with LCvR 83.4. Signed by Judge Patrick R Wyrick on 8/30/2022. (ks)
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| Filing 18 Receipt for Money Received in the amount of $50, receipt number OKW500091823 regarding #12 MOTION for Leave to Appear Pro Hac Vice (Kevin J. Mahoney) (dtb) |
| Filing 17 Receipt for Money Received in the amount of $50, receipt number OKW500091822 regarding #11 MOTION for Leave to Appear Pro Hac Vice (Michael D. Wexler) (dtb) |
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Filing 16
ORDER - At the hearing, set for August 31, 2022, in addition to the arguments related to dissolving the Temporary Restraining Order and Plaintiffs' Motion for a Preliminary Injunction (Dkt. 15), the parties should be prepared to address whetherin light of Van Buren v. United States--Plaintiffs have sufficiently pled a claim under the Computer Fraud and Abuse Act, and if not, whether declining to exercise supplemental jurisdiction over the remaining state law claims is appropriate under 28 U.S.C. 1367(c)(3). Additionally, the parties should also be prepared to address whether the five state law claims substantially predominate over the Computer Fraud and Abuse Act claim, and if so, whether declining to exercise supplemental jurisdiction over the remaining state law claims is appropriate under 28 U.S.C. 1367(c)(2) (as more fully set out in order). Signed by Judge Patrick R Wyrick on 8/30/2022. (ks)
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| Filing 15 MOTION for Preliminary Injunction and Brief in Support by All Plaintiffs. (Ryan, Jason) |
| Filing 14 RESPONSE in Opposition re #6 EMERGENCY MOTION for Temporary Restraining Order (DISSOLUTION OF TRO) filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Audio Recording Transcript, #2 Exhibit 2-Melton Email Matching Price, #3 Exhibit 3-Mullins Declaration, #4 Exhibit 4-Horton Declaration, #5 Exhibit 5-Melton-Stryker Agreement, #6 Exhibit 6-Photograph of Supplies, #7 Exhibit 7-Code of Business Conduct)(Ryan, Jason) |
| Filing 13 NOTICE of Subpoena by All Plaintiffs (Attachments: #1 Exhibit 1 - Subpoena to Defendant Melton, #2 Exhibit 2 - Subpoena to Defendant Poos, #3 Exhibit 3 - Subpoena to Defendant Cline)(Neller, Corey) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice (Kevin J. Mahoney) by All Defendants. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice - Mahoney)(Phansalkar, Kiran) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice (Michael D. Wexler) by All Defendants. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice - Wexler)(Phansalkar, Kiran) |
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Filing 10
ORDER Setting Hearing on Motion #6 Emergency Motion for Temporary Restraining Order (DISSOLUTION OF TRO) : Motion Hearing set for 8/31/2022 10:00 AM in Courtroom 503 before Judge Patrick R Wyrick. Responses due by 8/29/2022. Signed by Judge Patrick R Wyrick on 8/25/2022. (ks)
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| Filing 9 ENTRY of Appearance by Corey A Neller on behalf of All Plaintiffs (Neller, Corey) |
| Filing 8 ENTRY of Appearance by Patrick R Pearce, Jr on behalf of All Plaintiffs (Pearce, Patrick) |
| Filing 7 ENTRY of Appearance by Jason A Ryan on behalf of All Plaintiffs (Ryan, Jason) |
| Filing 6 EMERGENCY MOTION for Temporary Restraining Order (DISSOLUTION OF TRO) by All Defendants. (Attachments: #1 Exhibit 1 - Poos Declaration, #2 Exhibit 2 - Notice of Hearing, #3 Exhibit 3 - TRO, #4 Exhibit 4 - 08-23-22 Letter, #5 Exhibit 5 - 08-24-22 Letter)(Phansalkar, Kiran) |
| Filing 5 ENTRY of Appearance by Preston M Sullivan, I on behalf of All Defendants (Sullivan, Preston) |
| Filing 4 ENTRY of Appearance by J Dillon Curran on behalf of All Defendants (Curran, J) |
| Filing 3 ENTRY of Appearance by Kiran A Phansalkar on behalf of All Defendants (Phansalkar, Kiran) |
| Filing 2 Receipt for Money Received from All Defendants in the amount of $402, receipt number OKW500091757 regarding #1 Notice of Removal, (dtb) |
| Filing 1 NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2022-4032 filed by All Defendants. (Attachments: #1 Exhibit 1 - Verified Petition, #2 Exhibit 2 - EOA obo Plf, #3 Exhibit 3 - Emergency M4TRO, #4 Exhibit 4 - Plfs TRO, #5 Exhibit 5 - NOH - Emergency M4TRO, #6 Exhibit 6 - Notice of Filing Notice of Removal, #7 Exhibit 7 - Docket Sheet (CJ-2022-4032) fed, #8 Civil Cover Sheet)(so) |
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