Direct Biologics, LLC v. McQueen
Plaintiff: Direct Biologics, LLC
Defendant: Adam McQueen, Vivex Biologics, Inc. and Vivex Biologics Group, Inc.
Case Number: 1:2022cv00381
Filed: April 21, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: Susan Hightower
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2022 Opinion or Order Filing 57 TRANSCRIPT REQUEST by Direct Biologics, LLC for dates of 5/2/2022, 5/3/2022, 5/16/2022. Proceedings Transcribed: Teleconference, TRO Hearing, PI Hearing. Court Reporter: Lily Reznik.. (Botkin, Ryan) (Main Document 57 replaced on 6/3/2022) (jv2).
June 3, 2022 Opinion or Order Notice of Correction: re #57 Appeal Transcript Request. This filing includes a fillable form. Fillable Forms must be flattened to permanently affix any signatures, or other items added to the document to include the case style, party names, dates, etc. These steps should be performed prior to filing your documents through CM/ECF. Instructions are on the Courts website on the CM/ECF page under Training, Printing to PDF. The Clerks Office has flattened this form. No further action required. Please take note for future filing purposes. (jv2)
May 31, 2022 Opinion or Order Filing 56 Appeal of Order entered by Magistrate Judge #55 , #54 by Direct Biologics, LLC. ( Filing fee $ 505 receipt number 0542-16086955) (Botkin, Ryan)
May 31, 2022 Opinion or Order NOTICE OF APPEAL following #56 Notice of Appeal (E-Filed) by Direct Biologics, LLC. Filing fee $ 505, receipt number 0542-16086955. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jv2)
May 26, 2022 Opinion or Order Filing 55 FINAL JUDGMENT. Signed by Judge Susan Hightower. (jv2)
May 26, 2022 Opinion or Order Filing 54 ORDER DENYING #6 Motion for Preliminary Injunction; DISSOLVING the #26 Temporary Restraining Order; GRANTING #48 Motion for Extension of Time to File Response; GRANTING #52 Motion for Leave to File Sealed Document; DENYING #33 Motion to Stay Case and refer Plaintiff's application for preliminary injunction to arbitration ; DENYING #39 Motion to Strike Brief in Support of Application for Preliminary Injunction; DENYING #40 Motion in Limine; DISMISSING AS MOOT #12 Motion to Dismiss and #50 Motion to Dismiss. Signed by Judge Susan Hightower. (jv2)
May 24, 2022 Opinion or Order Filing 53 RESPONSE to Motion, filed by Direct Biologics, LLC, re #39 MOTION to Strike Brief in Support of Application for Preliminary Injunction filed by Defendant Adam McQueen (Calaf, Maria)
May 23, 2022 Opinion or Order Filing 52 Opposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit R-2) (Botkin, Ryan)
May 23, 2022 Opinion or Order Filing 51 Plaintiff Direct Biologics, LLC's Reply in Support of Application for Preliminary Injunction by Direct Biologics, LLC. (Attachments: #1 Declaration)(Botkin, Ryan) Modified on 5/23/2022 to correct docket entry relationships and modify docket text (jv2). (Additional attachment(s) added on 5/26/2022: #2 Sealed Document Exhibit R-2) (jv2).
May 19, 2022 Opinion or Order Filing 50 MOTION to Dismiss by Vivex Biologics Group, Inc., Vivex Biologics, Inc.. (Attachments: #1 Proposed Order)(Helfand, William)
May 19, 2022 Opinion or Order Filing 49 SUPPLEMENT to #37 Response in Opposition to Plaintiff's Application to Preliminary Injunction by Adam McQueen. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Helfand, William)
May 18, 2022 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply as to #34 Brief,,, by Adam McQueen. (Attachments: #1 Proposed Order)(Helfand, William)
May 17, 2022 Opinion or Order Filing 43 ORDER EXTENDING #26 TRO for 14 days or until the Court rules on the Application for Preliminary Injunction, whichever occurs first. ORDER that Defendant may file a Response to Plaintiffs #34 Brief in Support of Application for Preliminary Injunction by May 05/18/22; Plaintiff mayfile a Reply Brief by 05/20/22. Signed by Judge Susan Hightower. (klw)
May 16, 2022 Opinion or Order Filing 47 Exhibit List/EXHIBITS by Adam McQueen for #44 Motion Hearing re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC Exhibits 7-8 to be filed when ready/available (Attachments: #1 Exhibits 2-5, 9)(jv2)
May 16, 2022 Opinion or Order Filing 46 Exhibit List/EXHIBITS by Direct Biologics, LLC. for #44 Motion Hearing re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC (Attachments: #1 Exhibits 1-13)(jv2)
May 16, 2022 Opinion or Order Filing 45 Witness List for #44 Motion Hearing re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC. (jv2)
May 16, 2022 Opinion or Order Filing 44 Minute Entry for proceedings held before Judge Susan Hightower: Motion Hearing held on 5/16/2022 re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter FTR Gold - ERO.)(jv2)
May 16, 2022 Opinion or Order Filing 42 NOTICE of Filing Direct Biologics, LLC's Notice of Filing Supplemental Exhibit to Its Brief in Support of Application for Preliminary Injunction by Direct Biologics, LLC (Attachments: #1 Exhibit T)(Botkin, Ryan)
May 16, 2022 Opinion or Order Filing 41 DEFICIENCY NOTICE: re #38 Attachment (dm)
May 16, 2022 Opinion or Order Filing 40 MOTION in Limine by Adam McQueen. (Helfand, William)
May 16, 2022 Opinion or Order Filing 39 MOTION to Strike Brief in Support of Application for Preliminary Injunction by Adam McQueen. (Attachments: #1 Proposed Order)(Helfand, William)
May 16, 2022 Opinion or Order Filing 38 ATTACHMENT Exhibit T to #34 Brief,, by Direct Biologics, LLC. (Botkin, Ryan)
May 16, 2022 Opinion or Order Filing 37 RESPONSE in Opposition to Plaintiff's Application for Preliminary Injunction by Adam McQueen. (Helfand, William)
May 16, 2022 Opinion or Order Filing 36 Response in Opposition to Motion, filed by Direct Biologics, LLC, re #33 MOTION to Stay Case and refer Plaintiff's application for preliminary injunction to arbitration filed by Defendant Adam McQueen (Botkin, Ryan)
May 16, 2022 Opinion or Order Filing 35 Opposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Exhibit D, #2 Sealed Document Exhibit H, #3 Sealed Document Exhibit I, #4 Sealed Document Exhibit K, #5 Sealed Document Exhibit L, #6 Sealed Document Exhibit M, #7 Sealed Document Exhibit N, #8 Sealed Document Exhibit O, #9 Proposed Order) (Botkin, Ryan)
May 16, 2022 Opinion or Order Text Order GRANTING #35 Motion for Leave to File Sealed Document entered by Judge Susan Hightower. The Clerk shall file the exhibits attached to Plaintiff's motion under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (SH)
May 15, 2022 Opinion or Order Filing 34 BRIEF in Support of Application for Preliminary Injunction by Direct Biologics, LLC. (Attachments: #1 Affidavit Declaration of Mara Amelia Calaf, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Affidavit Declaration of Joe Schmidt)(Botkin, Ryan) (Additional attachment(s) added on 5/18/2022: #22 Sealed Exhibit D, #23 Sealed Exhibit H, #24 Sealed Exhibit I, #25 Sealed Exhibit K, #26 Sealed Exhibit L, #27 Sealed Exhibit M, #28 Sealed Exhibit N, #29 Sealed Exhibit O) (dm).
May 13, 2022 Opinion or Order Filing 33 MOTION to Stay Case and refer Plaintiff's application for preliminary injunction to arbitration by Adam McQueen. (Helfand, William)
May 12, 2022 Opinion or Order Filing 32 Minute Entry for proceedings held before Judge Susan Hightower: Motion Hearing held on 5/12/2022 re #29 MOTION to Compel Plaintiff's Responses to Expedited Discovery filed by Adam McQueen (Minute entry documents are not available electronically.). (Court Reporter Zoom.)(dm)
May 12, 2022 Opinion or Order Filing 31 ORDER GRANTING IN PART AND DENYING IN PART #29 Motion to Compel. Signed by Judge Susan Hightower. (dm)
May 12, 2022 Opinion or Order Filing 30 ORDER, Set Zoom Hearing for #29 MOTION to Compel Plaintiff's Responses to Expedited Discovery ( Motion Hearing set for 5/12/2022 at 03:00 PM before Judge Susan Hightower,). Signed by Judge Susan Hightower. (dm)
May 11, 2022 Opinion or Order Filing 29 MOTION to Compel Plaintiff's Responses to Expedited Discovery by Adam McQueen. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Helfand, William)
May 11, 2022 Opinion or Order Filing 28 TRANSCRIPT REQUEST by Adam McQueen for proceedings held on 5/3/2022. Proceedings Transcribed: Hearing.. (Helfand, William)
May 6, 2022 Opinion or Order Filing 27 RESPONSE to Motion, filed by Direct Biologics, LLC, re #12 MOTION to Dismiss Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Adam McQueen (Attachments: #1 Exhibit, #2 Exhibit)(Botkin, Ryan)
May 4, 2022 Opinion or Order Filing 26 ORDER GRANTING IN PART AND DENYING IN PART #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC. and GRANTING IN PART AND DENYING IN PART #7 Opposed MOTION to Expedite Discovery filed by Direct Biologics, LLC,. A Preliminary Injunction Hearing is set for 5/16/2022 at 01:30 PM before Judge Susan Hightower. Signed by Judge Susan Hightower. (jv2)
May 3, 2022 Opinion or Order Filing 25 Plaintiff's EXHIBIT LIST for #22 Motions Hearing held before Magistrate Judge Hightower on 05/03/2022. (Attachments: #1 Plaintiff's Exhibits 1, 4 and 5)(jv2) (Additional attachment(s) added on 5/4/2022: #2 Sealed Exhibits 2-3) (jv2).
May 3, 2022 Opinion or Order Filing 24 Defendant's EXHIBIT LIST for #22 Motions Hearing held before Magistrate Judge Hightower on 05/03/2022. (jv2) (Additional attachment(s) added on 5/4/2022: #1 Exhibit 2) (jv2). (Attachment 1 replaced on 5/4/2022) (jv2).
May 3, 2022 Opinion or Order Filing 23 Witness List for #22 Motion Hearing held before Magistrate Judge Hightower on 05/03/2022. (jv2)
May 3, 2022 Opinion or Order Filing 22 Minute Entry for proceedings held before Judge Susan Hightower: Motion Hearing held on 5/3/2022 re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Direct Biologics, LLC, #7 Opposed MOTION to Expedite Discovery filed by Direct Biologics, LLC. Motion taken under advisement. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter FTR Gold - ERO.)(jv2)
May 3, 2022 Opinion or Order Filing 21 Response in Opposition to Motion, filed by Adam McQueen, re #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction filed by Plaintiff Direct Biologics, LLC (Helfand, William)
May 2, 2022 Opinion or Order Filing 20 ATTACHMENT Proposed Order on Plaintiff's Motion for Temporary Restrianing Order & Proposed Order on Plaintiff's Motion to Expedite Discovery to #6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction, #7 Opposed MOTION to Expedite Discovery by Direct Biologics, LLC. (Attachments: #1 Proposed Order)(Botkin, Ryan)
May 2, 2022 Opinion or Order Filing 19 SUMMONS Returned Executed by Direct Biologics, LLC. Vivex Biologics Group, Inc. served on 4/28/2022, answer due 5/19/2022; Vivex Biologics, Inc. served on 4/28/2022, answer due 5/19/2022. (Botkin, Ryan)
May 2, 2022 Opinion or Order Filing 18 ORDER Setting Hearing on #6 Opposed MOTION for Temporary Restraining Order: Hearing set for 5/3/2022 at 02:30 PM before Judge Susan Hightower. Signed by Judge Susan Hightower. (jv2)
May 2, 2022 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Susan Hightower: Telephone Conference held on 5/2/2022. Written order to follow. (Minute entry documents are not available electronically.) (Court Reporter AT&T Conference Line.)(jv2)
May 2, 2022 Opinion or Order Text Order GRANTING #8 Motion for Leave to File Sealed Document entered by Judge Susan Hightower. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ssw)
April 29, 2022 Opinion or Order Filing 16 ORDER SETTING Telephone Conference for 5/2/2022 at 10:00 AM before Judge Susan Hightower re #6 Opposed MOTION for Temporary Restraining Order and a Preliminary Injunction, #7 Opposed MOTION for Expedited Discovery, #8 Opposed Motion for Leave to File Under Seal, and #12 MOTION to Dismiss or, alternatively, MOTION to Transfer Venue. Signed by Judge Susan Hightower. (jv2)
April 29, 2022 Opinion or Order Filing 15 ORDER that this case is REFERRED AND REASSIGNED to Judge Susan Hightower to conduct all proceedings and order the entry of judgment. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (jv2)
April 29, 2022 Opinion or Order Filing 14 Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 4/29/2022 (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2)
April 28, 2022 Opinion or Order Filing 13 Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 4/28/2022 (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2)
April 28, 2022 Opinion or Order Filing 12 MOTION to Dismiss , Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Adam McQueen. (Attachments: #1 Proposed Order)(Helfand, William)
April 27, 2022 Opinion or Order Filing 11 ORDER, ( Telephone Conference set for 4/28/2022 at 03:00 PM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm)
April 27, 2022 Opinion or Order Filing 10 Summons Issued as to Vivex Biologics Group, Inc., Vivex Biologics, Inc.. (dm)
April 26, 2022 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS by Direct Biologics, LLC. (Botkin, Ryan)
April 25, 2022 Opinion or Order Filing 8 Opposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Botkin, Ryan)
April 25, 2022 Opinion or Order Filing 7 Opposed MOTION to Expedite Discovery by Direct Biologics, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Botkin, Ryan)
April 25, 2022 Opinion or Order Filing 6 Opposed MOTION for Temporary Restraining Order and A Preliminary Injunction by Direct Biologics, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Botkin, Ryan) (Additional attachment(s) added on 5/2/2022: #4 Sealed Exhibit A, #5 Sealed Exhibit B, #6 Sealed Exhibit F, #7 Sealed Exhibit G) (jv2). Added MOTION for Preliminary Injunction on 5/20/2022 per chambers (jv2).
April 25, 2022 Opinion or Order Filing 5 COMPLAINT , filed by Direct Biologics, LLC.(Botkin, Ryan)
April 25, 2022 Opinion or Order Filing 4 ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Lee Yeakel. (dl)
April 25, 2022 Opinion or Order Filing 3 SUPPLEMENT to #2 JS44 (Civil Cover Sheet) Submitted by Adam McQueen. (Helfand, William)
April 25, 2022 Opinion or Order Filing 2 JS44 (Civil Cover Sheet) submitted by Adam McQueen. (Helfand, William)
April 21, 2022 Opinion or Order Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)
April 21, 2022 Opinion or Order If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl)
April 21, 2022 Opinion or Order DEMAND for Trial by Jury by Direct Biologics, LLC. (dl)
April 21, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Adam McQueen (Filing fee $402 receipt number 0542-15954648), filed by Adam McQueen. (Attachments: #1 Appendix A - Plaintiff's Original Petition, #2 Appendix B - Motion for Expedited Discovery and Request for Emergency Hearing on Same, #3 Appendix C - Proposed Order Granting Emergency Hearing, #4 Appendix D - Proposed Order Granting Motion for Expedited Discovery)(Helfand, William)

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Plaintiff: Direct Biologics, LLC
Represented By: Ryan A. Botkin
Represented By: Asra Syed
Represented By: Maria Amelia Calaf
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Defendant: Adam McQueen
Represented By: William Scott Helfand
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Defendant: Vivex Biologics, Inc.
Represented By: William Scott Helfand
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Defendant: Vivex Biologics Group, Inc.
Represented By: William Scott Helfand
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