Martinez v. SmileDirectClub LLC et al
Plaintiff: Esmeralda Martinez
Defendant: SmileDirectClub LLC, SmileDirectClub Inc and Smile Outlets PLLC Individually doing business as Wildflower Orthodontics
Case Number: 3:2022cv02316
Filed: October 17, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2022 Filing 21 (Document Restricted) Defendant's Exhibit F: Supplement to SDC Financial LLC's Disclosure Statement. (ndt)
December 5, 2022 Opinion or Order Filing 20 ORDER granting sealed and/or ex parte motion #17 . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 12/5/2022) (ndt) Modified text on 12/6/2022 (ndt).
November 11, 2022 Filing 19 NOTICE of Rule 11 Agreement filed by Esmeralda Martinez (Kastl, Kristina)
November 7, 2022 Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Esmeralda Martinez. (Clerk QC note: No affiliate entered in ECF). (Kastl, Kristina)
November 4, 2022 Filing 17 (Document Restricted) Defendant's Motion for Leave to File Under Seal (Sealed pursuant to motion to seal) filed by SmileDirectClub Inc, SmileDirectClub LLC (Attachments: #1 Exhibit(s) F to Defendants' Amended Notice of Removal, #2 Additional Page(s) Certificate of Conference, #3 Proposed Order) (Riley, Cliff)
November 4, 2022 Filing 16 AMENDED DOCUMENT by SmileDirectClub Inc, SmileDirectClub LLC. Amendment to #1 Notice of Removal,,,,,. . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F slip sheet, #7 Cover Sheet, #8 Cover Sheet Supplement, #9 Cover Sheet Supplemental Cover Sheet, #10 Cover Sheet Supplement) (Riley, Cliff)
October 27, 2022 Filing 15 (Document Restricted) Sealed Exhibit B re: #14 Motion to Compel Arbitration filed by SmileDirectClub Inc, SmileDirectClub LLC. (ygl)
October 27, 2022 Filing 14 MOTION to Compel Arbitration filed by SmileDirectClub Inc, SmileDirectClub LLC. (Attachments: #1 Exhibit A) (ygl)
October 27, 2022 Filing 13 (Document Restricted) Sealed Exhibit B and Exhibit C re: #12 Motion to Dismiss filed by SmileDirectClub Inc, SmileDirectClub LLC. (Attachments: #1 Exhibit C) (ygl)
October 27, 2022 Filing 12 MOTION to Dismiss filed by SmileDirectClub Inc, SmileDirectClub LLC (Attachments: #1 Exhibit A) (ygl)
October 27, 2022 Opinion or Order Filing 11 ELECTRONIC ORDER - Before the Court is Defendant's Motion for Leave to File Under Seal (the "Motion"). Doc. No. 6; see Doc. No. 10. The Court GRANTS the Motion. The Clerk is DIRECTED to file Doc. No. 6-4, Doc. No. 6-5, Doc. No. 6-8 UNDER SEAL, and they shall remain SEALED as to the attachments to the Motion. The Clerk is DIRECTED TO UNSEAL and to file all other Attachments to the Motion, Doc. No. 6-1, Doc. No. 6-2, Doc. No. 6-3, Doc. No. 6-6, Doc. No. 6-7, as UNSEALED Attachments. The Clerk is also DIRECTED to UNSEAL the Motion itself, Doc. No. 6 and Defendant's Amended Certificate of Conference, Doc. No. 10.(Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 10/27/2022) (chmb)
October 26, 2022 Filing 10 Amended Certificate of Conference for Defendants' Motion for Leave to File Under Seal (Sealed pursuant to motion to seal) filed by SmileDirectClub Inc, SmileDirectClub LLC (Riley, Cliff) Modified restriction per 11 Electronic Order on 10/28/2022 (ygl).
October 26, 2022 Opinion or Order Filing 9 ELECTRONIC ORDER - Before the Court is Defendant's Motion for Extension of Time to Comply with Court Order (the "Motion"). Doc. No. 8. The Court GRANTS the Motion. The deadline for Defendants SmileDirectClub, LLC and SmileDirectClub, Inc. (collectively, "Defendants") to comply with the Court's October 19, 2022, Order, Doc. No. 5, is hereby extended to November 4, 2022. The Court notes, however, that per N.D. Tex. Civ. R. 7.1(h), motions to extend time require a certificate of conference indicating whether the motion is unopposed or opposed. Future filings that do not comply with this Districts Local Rules may be stricken or unfiled. (Ordered by Judge Ed Kinkeade on 10/26/2022) (chmb)
October 26, 2022 ***Please Disregard, Entered in Error*** Civil Case Terminated per #21 Stipulation of Dismissal. (ygl) Modified on 10/26/2022 (ygl).
October 25, 2022 Filing 8 MOTION to Extension of Time to Comply with Court Order filed by SmileDirectClub Inc, SmileDirectClub LLC. (Attachments: #1 Proposed Order) (Riley, Cliff) Modified on 10/26/2022 (ygl).
October 25, 2022 Opinion or Order Filing 7 ELECTRONIC ORDER: Before the Court is Defendant's Motion for Leave to File Under Seal (the "Motion"). Doc. No. 6. According to Defendant, "Defendant's counsel reached out to Plaintiffs counsel to confer regarding the sealing of Plaintiff's personal health information. Plaintiff's counsel has not responded. Therefore under Local Rule 7.1, this motion is presumed opposed." Id. at 4. The Court ORDERS Plaintiff to respond to the Motion by October 28, 2022. The Court will rule on the Motion without a response from Plaintiff in the event that Plaintiff fails to timely comply with this Order. (Ordered by Judge Ed Kinkeade on 10/25/2022) (chmb)
October 24, 2022 Filing 6 Defendant's Motion for Leave to File Under Seal (Sealed pursuant to motion to seal) filed by SmileDirectClub Inc, SmileDirectClub LLC (Attachments: #1 Proposed Order, #2 SmileDirect's Motion to Dismiss, #3 Exhibit(s) Exhibit A to SmileDirect's Motion to Dismiss, #4 (Document Restricted)Exhibit(s) Exhibit B to SmileDirect's Motion to Dismiss, #5 (Document Restricted)Exhibit(s) Exhibit C to SmileDirect's Motion to Dismiss, #6 SDC's Motion to Compel Arbitration, #7 Exhibit(s) Exhibit A to SDC's Motion to Compel Arbitration, #8 (Document Restricted) Exhibit(s) Exhibit B to SDC's Motion to Compel Arbitration) (Riley, Cliff) Modified restriction per 11 Electronic Order on 10/28/2022 (ygl).
October 19, 2022 Opinion or Order Filing 5 ORDER: The Court ORDERS Plaintiff to file a brief by November 9, 2022, addressing: (1) whether Wildflower was improperly joined to this action; and (2) the effect, if any, on this Courts subject-matter jurisdiction. Defendants may file a response within fourteen (14) days of Plaintiff's brief. Unless otherwise specified, this Court's Local Civil Rules govern the parties filings. (Ordered by Judge Ed Kinkeade on 10/19/2022) (chmb)
October 19, 2022 Opinion or Order Filing 4 ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). Defendants shall file an amended notice of removal by October 26, 2022. (Ordered by Judge Ed Kinkeade on 10/19/2022) (chmb)
October 17, 2022 Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mms)
October 17, 2022 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SmileDirectClub Inc. (Clerk QC note: No affiliate entered in ECF). (Riley, Cliff) Modified text on 10/17/2022 (mms).
October 17, 2022 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by SmileDirectClub Inc, SmileDirectClub LLC. (Filing fee $402; receipt number ATXNDC-13229133) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Cover Sheet, #6 Cover Sheet Supplement, #7 Cover Sheet Supplement, #8 Cover Sheet Supplement) (Riley, Cliff) Modified parties on 10/17/2022 (mms).

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Plaintiff: Esmeralda Martinez
Represented By: Kristina N Kastl
Represented By: Susan Anne Allen
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Defendant: SmileDirectClub LLC
Represented By: Cliff P Riley
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Defendant: SmileDirectClub Inc
Represented By: Cliff P Riley
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Defendant: Smile Outlets PLLC Individually doing business as Wildflower Orthodontics
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