Sterling Computers Corp. v. Fling et al
Plaintiff: Sterling Computers Corp.
Defendant: Kelyn Technologies, L.L.C. and Billie Jo Fling
Case Number: 4:2019cv04137
Filed: August 6, 2019
Court: US District Court for the District of South Dakota
Presiding Judge: Karen E Schreier
Nature of Suit: Contract: Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2019 Filing 42 Unopposed MOTION for Leave to Appear by Telephone at Temporary Restraining Order Hearing and Preliminary and Permanent Injunction Hearing by Billie Jo Fling, Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order Granting Motion for Leave to Appear by Telephone) (Hoyme, Christopher)
October 4, 2019 Filing 41 NOTICE of Appearance by Anna Mae Limoges on behalf of Sterling Computers Corp.. (Limoges, Anna)
October 1, 2019 Filing 40 Second AFFIDAVIT of Brad Moore re #34 Reply to Motion Response, #38 MOTION to Strike , #35 MOTION Limited Jurisdictional Discovery , #39 Brief, #36 Brief, #37 Reply Second. (Attachments: #1 Exhibit 1- Email Fling requests non-compete and handbook and shreds docs 11.15.18, #2 Exhibit 2 - Email Departure, #3 Exhibit 3 - Email Exit Information, #4 Exhibit 4 - Email Sterling Non-Compete and Non-Disclosure Agreements, #5 Exhibit 5 - Email Chain, #6 Exhibit 6 - Email Chain, #7 Exhibit 7 - Email Chain, #8 Exhibit 8 - Email Chain Redacted, #9 Exhibit 9 - Email Chain) (Juarez, Cesar) Modified on 10/2/2019 to add text (KLE).
October 1, 2019 Filing 39 BRIEF by Plaintiff Sterling Computers Corp. in Support re #38 MOTION to Strike (Juarez, Cesar) Modified on 10/2/2019 (KLE).
October 1, 2019 Filing 38 MOTION to Strike by Sterling Computers Corp.. (Juarez, Cesar)
October 1, 2019 Filing 37 REPLY Brief in Support of #7 Motion for Temporary Restraining Order and Preliminary and Permanent Injunction and in response to #27 & #23 Notice filed by Sterling Computers Corp (Juarez, Cesar) Modified on 10/2/2019 (KLE).
October 1, 2019 Filing 36 BRIEF by Plaintiff Sterling Computers Corp. in opposition to #18 MOTION to DISMISS Plaintiff's Complaint for Injunctive Relief or Other Relief and Demand for Jury Trial and in support #35 MOTION Limited Jurisdictional Discovery (Juarez, Cesar) Modified on 10/2/2019 to add text (KLE).
October 1, 2019 Filing 35 MOTION Limited Jurisdictional Discovery by Sterling Computers Corp.. (Attachments: #1 Exhibit 1 - Proposed Proposed Rogs & RFP to Kelyn) (Juarez, Cesar)
October 1, 2019 Filing 34 REPLY to Motion Response re #10 MOTION to Expedite DISCOVERY AND TO PRESERVE EVIDENCE, #24 MOTION to Stay Discovery Pending Determination of Its Motion to Dismiss filed by Sterling Computers Corp.. (Juarez, Cesar)
September 23, 2019 Opinion or Order Filing 33 ORDER granting #30 Motion for Admission Pro Hac Vice of Kathleen A. O'Grady. Signed by U.S. District Judge Karen E. Schreier on 9/23/2019. (DJP)
September 23, 2019 Opinion or Order Filing 32 ORDER granting #29 Motion for Admission Pro Hac Vice of Timothy M. Kratz. Signed by U.S. District Judge Karen E. Schreier on 9/23/2019. (DJP)
September 23, 2019 Filing 31 TEXT SCHEDULING ORDER: Hearing on motion for temporary restraining order and preliminary injunction set for 10/9/2019 at 09:30 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier Signed by U.S. District Judge Karen E. Schreier on 9/23/19. (HM)
September 20, 2019 Filing 30 MOTION for Attorney Kathleen A. O'Grady to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3157415) by Billie Jo Fling, Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order Granting Motion for Admission Pro Hac Vice) (Hoyme, Christopher)
September 20, 2019 Filing 29 MOTION for Attorney Timothy M. Kratz to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3157392) by Billie Jo Fling, Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order Granting Motion for Admission Pro Hac Vice) (Hoyme, Christopher)
September 17, 2019 Filing 28 RESPONSE in Opposition to Plaintiff's #10 Motion for Expedited Discovery and Preserve Evidence. (Hoyme, Christopher) Modified on 9/18/2019 (SLT).
September 17, 2019 Filing 27 RESPONSE in Opposition to Plaintiff's #7 Motion for Temporary Restraining Order and Preliminary Injunctive Relief. (Attachments: #1 Exhibit, #2 Exhibit)(Hoyme, Christopher) Modified on 9/18/2019 (SLT).
September 17, 2019 Filing 26 Defendant BillieJo Fling's ANSWER to #1 Complaint for Injunctive and Other Relief and Demand for Jury Trial by Billie Jo Fling. (Hoyme, Christopher)
September 17, 2019 Filing 25 BRIEF by Defendant Kelyn Technologies, L.L.C. in Support of Kelyn Technologies, LLC's #24 Motion to Stay Discovery Pending Determination of Its Motion to Dismiss (Hoyme, Christopher) Modified on 9/18/2019 (SLT).
September 17, 2019 Filing 24 MOTION to Stay Discovery Pending Determination of Its Motion to Dismiss by Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order Granting Motion to Stay) (Hoyme, Christopher)
September 17, 2019 Filing 23 NOTICE by Kelyn Technologies, L.L.C. Kelyn Technologies, LLC's Opposition to Plaintiffs Motion for Temporary Restraining Order and Preliminary and Permanent Injunction. (Hoyme, Christopher)
September 13, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion to Extend Deadlines. Signed by U.S. District Judge Karen E. Schreier on 9/13/2017. (DJP)
September 12, 2019 Filing 21 BRIEF by Defendant Kelyn Technologies, L.L.C. Support of #20 Motion for Extension of Time to Respond (Hoyme, Christopher) Modified on 9/13/2019 (SLT).
September 12, 2019 Filing 20 MOTION to Extend Deadlines MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTION, AND MOTION FOR EXPEDITED DISCOVERY by Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order Granting Motion for Extension of Time to Respond) (Hoyme, Christopher)
September 11, 2019 Filing 19 BRIEF by Defendant Kelyn Technologies, L.L.C. re #18 MOTION to DISMISS Plaintiff's Complaint for Injunctive Relief or Other Relief and Demand for Jury Trial (Attachments: #1 Attachment Affidavit of Nita Cronin) (Hoyme, Christopher)
September 11, 2019 Filing 18 MOTION to DISMISS Plaintiff's Complaint for Injunctive Relief or Other Relief and Demand for Jury Trial by Kelyn Technologies, L.L.C.. (Hoyme, Christopher)
September 3, 2019 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of Time to Answer. Billie Jo Fling answer due 9/17/2019; Kelyn Technologies, L.L.C. answer due 9/17/2019. Signed by U.S. District Judge Karen E. Schreier on 9/3/19. (SLW)
August 30, 2019 Filing 16 BRIEF by Defendants Billie Jo Fling, Kelyn Technologies, L.L.C. in Support of #15 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint (Hoyme, Christopher) Modified on 9/3/2019 to link to motion (KLE).
August 30, 2019 Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint for Injunctive and Other Relief and Demand for Jury Trial by Billie Jo Fling, Kelyn Technologies, L.L.C.. (Attachments: #1 Proposed Order for Extension of Time to Respond) (Hoyme, Christopher)
August 30, 2019 Filing 14 NOTICE of Appearance by Christopher E. Hoyme on behalf of Billie Jo Fling, Kelyn Technologies, L.L.C.. (Hoyme, Christopher)
August 22, 2019 Filing 13 CERTIFICATE OF SERVICE by Sterling Computers Corp. . (Joyce, Meghann)
August 22, 2019 Filing 12 BRIEF in Support of #10 MOTION FOR EXPEDITED DISCOVERY AND TO PRESERVE EVIDENCE by Plaintiff Sterling Computers Corp. (Joyce, Meghann) Modified on 8/23/2019 to link to motion (KLE).
August 22, 2019 Filing 11 PROPOSED ORDER by Sterling Computers Corp. GRANTING TEMPORARY RESTRAINING ORDER (Joyce, Meghann)
August 22, 2019 Filing 10 MOTION to Expedite DISCOVERY AND TO PRESERVE EVIDENCE by Sterling Computers Corp.. (Attachments: #1 Exhibit 1: PLAINTIFF STERLING COMPUTERS CORPORATIONS INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT BILLIE JO FLING (FIRST SET), #2 Exhibit 2: PLAINTIFF STERLING COMPUTERS CORPORATIONS INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT KELYN TECHNOLOGIES, L.L.C. (FIRST SET)) (Joyce, Meghann) Modified on 8/23/2019 (KLE).
August 22, 2019 Filing 9 AFFIDAVIT of Brad Moore IN SUPPORT OF #7 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTION AND IN SUPPORT OF #10 MOTION FOR EXPEDITED DISCOVERY AND TO PRESERVE EVIDENCE. (Attachments: #1 Exhibit 1: Sterling 2015 Handbook Relevant Portions, #2 Exhibit 2: Fling Employment Agreement, #3 Exhibit 3: Letter to Fling December 3, 2018, #4 Exhibit 4: Kelyn Team Profiles from Website Before and After Changes, #5 Exhibit 5: Letter to Fling May 30, 2019, #6 Exhibit 6: Letter to Kelyn May 30, 2019) (Joyce, Meghann) Modified on 8/23/2019 to delete duplicate words and link to motions (KLE).
August 22, 2019 Filing 8 BRIEF by Plaintiff Sterling Computers Corp. IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTION #7 (Joyce, Meghann) Modified on 8/23/2019 to link to motion (KLE).
August 22, 2019 Filing 7 MOTION for Temporary Restraining Order AND PRELIMINARY AND PERMANENT INJUNCTION by Sterling Computers Corp.. (Joyce, Meghann)
August 16, 2019 Filing 6 CERTIFICATE OF SERVICE by Sterling Computers Corp. re #4 Return of Service Executed, #5 Return of Service Executed . (Joyce, Meghann)
August 16, 2019 Filing 5 RETURN OF SERVICE Executed upon Defendant Billie Jo Fling on Billie Jo Fling (Joyce, Meghann)
August 16, 2019 Filing 4 RETURN OF SERVICE Executed upon Defendant Kelyn Technologies, L.L.C. on Lynita Cronin, Registered Agent (Joyce, Meghann)
August 7, 2019 Filing 3 CORPORATE Disclosure Statement by Sterling Computers Corp.. (Joyce, Meghann)
August 6, 2019 Filing 2 Summons Issued as to Billie Jo Fling, Kelyn Technologies, L.L.C.. Two Summmons(es), a Rule 73 Memo, and AO 85 for each party delivered to Plaintiff's counsel via electronic delivery. (Attachments: #1 Fling Summons, #2 Kelyn Technologies Summons, #3 AO85)(DJP)
August 6, 2019 Filing 1 COMPLAINT with Jury Demand, ($400 fee paid, receipt# 0869-3126628).) filed by Sterling Computers Corp. in shell case on 8/6/2019. (Attachments: #1 Ex 1 - Excerpts Sterling Employee Handbook 2015, #2 Ex 2 - Employment Agreement) (DJP)

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Plaintiff: Sterling Computers Corp.
Represented By: Cesar A. Juarez
Represented By: Meghann M. Joyce
Represented By: Anna Mae Limoges
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Defendant: Kelyn Technologies, L.L.C.
Represented By: Kathleen A. O'Grady
Represented By: Timothy Kratz
Represented By: Christopher E. Hoyme
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Defendant: Billie Jo Fling
Represented By: Kathleen A. O'Grady
Represented By: Timothy Kratz
Represented By: Christopher E. Hoyme
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