Vaughn v. Orthotech LLC
Plaintiff: Samuel Vaughn
Defendant: Orthotech LLC doing business as SmileSet doing business as Dr. Direct Retainers
Case Number: 3:2026cv00632
Filed: February 26, 2026
Court: U.S. District Court for the Northern District of Texas
Presiding Judge: David L Horan
Referring Judge: Reed O'Connor
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 10, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2026 Filing 29 Brief/Memorandum in Support filed by Orthotech LLC re #28 Response/Objection Reply in Support of Defendant's Motion to Dismiss Pursuant to Rules 12(B)(1) and 12(B)(6) (Domino, Frank)
July 28, 2026 Filing 28 RESPONSE in Opposition filed by Samuel Vaughn re: #27 MOTION to Dismiss (rekc)
July 28, 2026 Filing 27 MOTION to Dismiss the #18 Amended Complaint Pursuant to Fed.R.Civ.P. 12(B)(1) and 12(B(6) filed by Orthotech LLC. (Attachments: #1 Brief, #2 Appendix, #3 Proposed Order) (rekc)
July 28, 2026 Opinion or Order Filing 26 ORDER DIRECTING CLERK TO RE-FILE PREMATURE MOTION TO DISMISS AND RESPONSE AND ALLOWING REPLY ORDER: The Court GRANTS IN PART Defendant OrthoTech, LLC's unopposed motion to reinstate briefing [Dkt. No. #25 ] to the extent that the Court DIRECTS the Clerk of Court to refile OrthoTech's motion to dismiss [Dkt. No. #21 ] as a new motion filed as of July 28, 2026, the date that the parties agree the 60-day abatement period expires. The Clerk shall also refile Plaintiff Samuel Vaughn's response to the motion to dismiss [Dkt. No. #22 ] as a new response as of July 28. And OrthoTech may file a reply brief as to this motion by August 10, 2026. (Ordered by Magistrate Judge David L. Horan on 7/28/2026) (rekc)
July 22, 2026 Filing 25 MOTION Reinstate Briefing Effective July 28, 2026 re #24 Notice (Other), filed by Orthotech LLC (Attachments: #1 Proposed Order) (Domino, Frank)
June 25, 2026 Filing 24 NOTICE of Compliance and Service of Amended DTPA Demand Letter re: #23 Memorandum Opinion and Order filed by Samuel Vaughn (Attachments: #1 Exhibit(s) Exhibit A: USPS Tracking History Printout for June 8 2026 Demand letter, #2 Exhibit(s) Exhibit B: DTPA Demand Letter (Dated May 29 2026), #3 Exhibit(s) Exhibit C: USPS Certified Mail Return Receipt (Green Card) for May 29 2026 letter) (Vaughn, Samuel)
May 28, 2026 Opinion or Order Filing 23 Memorandum Opinion and Order: The Court therefore GRANTS Defendant OrthoTech, LLC's motion to abate [Dkt. No. #17 ] and will hold this entire case in ABEYANCE until sixty days after Plaintiff Samuel Vaughn serves a notice that complies with the DTPA. The Court also TERMINATES AS MOOT OrthoTech's motion to dismiss the superseded complaint [Dkt. No. #16 ] and DISMISSES WITHOUT PREJUDICE AS PREMATURE OrthoTech's motion to dismiss the amended complaint [Dkt. No. #21 ]. (Ordered by Magistrate Judge David L. Horan on 5/28/2026) (ndt)
May 26, 2026 Filing 22 RESPONSE AND OBJECTION filed by Samuel Vaughn re: #21 MOTION to Dismiss the Amended Complaint Pursuant to Fed.R.Civ.P. 12(B)(1) and 12(B(6) (Vaughn, Samuel)
May 21, 2026 Filing 21 MOTION to Dismiss the Amended Complaint Pursuant to Fed.R.Civ.P. 12(B)(1) and 12(B(6) filed by Orthotech LLC (Attachments: #1 Brief In Support, #2 Appendix, #3 Proposed Order Order) (Domino, Frank)
May 21, 2026 Filing 20 REPLY filed by Orthotech LLC re: #19 Response/Objection (Domino, Frank)
May 11, 2026 Filing 19 RESPONSE AND OBJECTION filed by Samuel Vaughn re: #17 MOTION Abate (Vaughn, Samuel)
May 11, 2026 Filing 18 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Samuel Vaughn. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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) Table of Exhibits, #2 Exhibit(s) Exhibit A - OrthoTech TCPA Violations Log, #3 Exhibit(s) Exhibit B - SmileDirectClub Wind-down Notice (Jan 16, 2024), #4 Exhibit(s) Exhibit C - National Do-Not-Call Registry Verification, #5 Exhibit(s) Exhibit D - Pre-Suit Notice and Proof of Service) (Vaughn, Samuel)
May 8, 2026 Filing 17 MOTION Abate filed by Orthotech LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Brief in Support of Motion to Abate, #2 Exhibit(s) Appendix to Motion to Abate, #3 Proposed Order Proposed Order) (Domino, Frank)
May 8, 2026 Filing 16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(1) and 12(B)(6) filed by Orthotech LLC (Attachments: #1 Brief In Support, #2 Exhibit(s) Appendix, #3 Proposed Order Order) (Domino, Frank)
April 24, 2026 Filing 15 NOTICE of Attorney Appearance by Frank Anthony Domino on behalf of Orthotech LLC. (Filer confirms contact info in ECF is current.) (Domino, Frank)
April 24, 2026 Filing 14 NOTICE of Attorney Appearance by John Ross Owen on behalf of Orthotech LLC. (Filer confirms contact info in ECF is current.) (Owen, John)
April 9, 2026 Opinion or Order Filing 13 ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Mark S. Eisen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 4/9/2026.)
April 9, 2026 Opinion or Order Filing 12 ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Abigail Riffee-Neri. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 4/9/2026.)
April 8, 2026 Opinion or Order Filing 11 ORDER DENYING #8 MOTION TO EXPEDITE DISCOVERY (Ordered by Magistrate Judge David L. Horan on 4/8/2026) (ykp)
April 8, 2026 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16343712) filed by Orthotech LLC (Attachments: #1 Proposed Order)Attorney Abby Riffee added to party Orthotech LLC(pty:dft) (Riffee, Abby)
April 8, 2026 Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16343661) filed by Orthotech LLC (Attachments: #1 Proposed Order)Attorney Mark S Eisen added to party Orthotech LLC(pty:dft) (Eisen, Mark)
April 7, 2026 Filing 8 First MOTION for Discovery and for Rule 16 Scheduling Conference filed by Samuel Vaughn (Attachments: #1 Exhibit(s) Exhibit A: Scheduling Rule 26 conference, #2 Exhibit(s) Exhibit B: Refusal of Conference, #3 Exhibit(s) Exhibit C: Impasse Email) (Vaughn, Samuel)
March 23, 2026 Filing 7 WAIVER OF SERVICE Returned Executed as to Orthotech LLC. Waiver sent on 3/9/2026. (Vaughn, Samuel)
March 3, 2026 Opinion or Order Filing 6 ORDER REGARDING SERVICE: The Court further advises Vaughn that, if proper service is not made and shown to the Court through a filed proof of service (or a waiver of service obtained and filed with the Court) before the 90th day after the filing of this action (which was on 2/26/2026) that is not a Saturday, Sunday, or legal holiday which will be 5/27/2026-this case is subject to dismissal without prejudice unless Vaughn shows both (1) good cause for this failure and (2) good cause for the Court to extend the time for service for an appropriate, specified period. (Ordered by Magistrate Judge David L. Horan on 3/3/2026) (ykp)
February 26, 2026 Filing 5 Summons Issued as to Orthotech LLC. (kxm)
February 26, 2026 Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Samuel Vaughn. (Clerk QC note: No affiliate entered in ECF). (kxm)
February 26, 2026 Filing 3 COMPLAINT WITH JURY DEMAND against Orthotech LLC filed by Samuel Vaughn. (Filing fee $405; Receipt number 300022575) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (kxm)
February 26, 2026 Filing 2 Notice and Instruction to Pro Se Party. (kxm)
February 26, 2026 Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (kxm)

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Plaintiff: Samuel Vaughn
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Defendant: Orthotech LLC doing business as SmileSet doing business as Dr. Direct Retainers
Represented By: Mark S Eisen
Represented By: John Ross Owen
Represented By: Frank Anthony Domino
Represented By: Abby Riffee
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