Sterling Computers Corp. v. Fling et al
| Sterling Computers Corp. |
| Kelyn Technologies, L.L.C. and Billie Jo Fling |
| 4:2019cv04137 |
| August 6, 2019 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Contract: Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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| 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) |
| Filing 41 NOTICE of Appearance by Anna Mae Limoges on behalf of Sterling Computers Corp.. (Limoges, Anna) |
| 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). |
| Filing 39 BRIEF by Plaintiff Sterling Computers Corp. in Support re #38 MOTION to Strike (Juarez, Cesar) Modified on 10/2/2019 (KLE). |
| Filing 38 MOTION to Strike by Sterling Computers Corp.. (Juarez, Cesar) |
| 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). |
| 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). |
| Filing 35 MOTION Limited Jurisdictional Discovery by Sterling Computers Corp.. (Attachments: #1 Exhibit 1 - Proposed Proposed Rogs & RFP to Kelyn) (Juarez, Cesar) |
| 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) |
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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 28 RESPONSE in Opposition to Plaintiff's #10 Motion for Expedited Discovery and Preserve Evidence. (Hoyme, Christopher) Modified on 9/18/2019 (SLT). |
| 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). |
| 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) |
| 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). |
| 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) |
| 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) |
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Filing 22
ORDER granting #20 Motion to Extend Deadlines. Signed by U.S. District Judge Karen E. Schreier on 9/13/2017. (DJP)
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| 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). |
| 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) |
| 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) |
| 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) |
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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)
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| 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). |
| 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) |
| Filing 14 NOTICE of Appearance by Christopher E. Hoyme on behalf of Billie Jo Fling, Kelyn Technologies, L.L.C.. (Hoyme, Christopher) |
| Filing 13 CERTIFICATE OF SERVICE by Sterling Computers Corp. . (Joyce, Meghann) |
| 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). |
| Filing 11 PROPOSED ORDER by Sterling Computers Corp. GRANTING TEMPORARY RESTRAINING ORDER (Joyce, Meghann) |
| 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). |
| 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). |
| 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). |
| Filing 7 MOTION for Temporary Restraining Order AND PRELIMINARY AND PERMANENT INJUNCTION by Sterling Computers Corp.. (Joyce, Meghann) |
| Filing 6 CERTIFICATE OF SERVICE by Sterling Computers Corp. re #4 Return of Service Executed, #5 Return of Service Executed . (Joyce, Meghann) |
| Filing 5 RETURN OF SERVICE Executed upon Defendant Billie Jo Fling on Billie Jo Fling (Joyce, Meghann) |
| Filing 4 RETURN OF SERVICE Executed upon Defendant Kelyn Technologies, L.L.C. on Lynita Cronin, Registered Agent (Joyce, Meghann) |
| Filing 3 CORPORATE Disclosure Statement by Sterling Computers Corp.. (Joyce, Meghann) |
| 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) |
| 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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