Direct Biologics, LLC v. McQueen
| Direct Biologics, LLC |
| Adam McQueen, Vivex Biologics, Inc. and Vivex Biologics Group, Inc. |
| 1:2022cv00381 |
| April 21, 2022 |
| US District Court for the Western District of Texas |
| Susan Hightower |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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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).
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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)
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Filing 56
Appeal of Order entered by Magistrate Judge #55 , #54 by Direct Biologics, LLC. ( Filing fee $ 505 receipt number 0542-16086955) (Botkin, Ryan)
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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)
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Filing 55
FINAL JUDGMENT. Signed by Judge Susan Hightower. (jv2)
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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)
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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)
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Filing 52
Opposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit R-2) (Botkin, Ryan)
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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).
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Filing 50
MOTION to Dismiss by Vivex Biologics Group, Inc., Vivex Biologics, Inc.. (Attachments: #1 Proposed Order)(Helfand, William)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 41
DEFICIENCY NOTICE: re #38 Attachment (dm)
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Filing 40
MOTION in Limine by Adam McQueen. (Helfand, William)
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Filing 39
MOTION to Strike Brief in Support of Application for Preliminary Injunction by Adam McQueen. (Attachments: #1 Proposed Order)(Helfand, William)
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Filing 38
ATTACHMENT Exhibit T to #34 Brief,, by Direct Biologics, LLC. (Botkin, Ryan)
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Filing 37
RESPONSE in Opposition to Plaintiff's Application for Preliminary Injunction by Adam McQueen. (Helfand, William)
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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)
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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)
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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)
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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).
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Filing 33
MOTION to Stay Case and refer Plaintiff's application for preliminary injunction to arbitration by Adam McQueen. (Helfand, William)
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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)
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Filing 31
ORDER GRANTING IN PART AND DENYING IN PART #29 Motion to Compel. Signed by Judge Susan Hightower. (dm)
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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)
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Filing 29
MOTION to Compel Plaintiff's Responses to Expedited Discovery by Adam McQueen. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Helfand, William)
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Filing 28
TRANSCRIPT REQUEST by Adam McQueen for proceedings held on 5/3/2022. Proceedings Transcribed: Hearing.. (Helfand, William)
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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)
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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)
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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).
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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).
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Filing 23
Witness List for #22 Motion Hearing held before Magistrate Judge Hightower on 05/03/2022. (jv2)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 11
ORDER, ( Telephone Conference set for 4/28/2022 at 03:00 PM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm)
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Filing 10
Summons Issued as to Vivex Biologics Group, Inc., Vivex Biologics, Inc.. (dm)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS by Direct Biologics, LLC. (Botkin, Ryan)
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Filing 8
Opposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Botkin, Ryan)
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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)
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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).
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Filing 5
COMPLAINT , filed by Direct Biologics, LLC.(Botkin, Ryan)
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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)
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Filing 3
SUPPLEMENT to #2 JS44 (Civil Cover Sheet) Submitted by Adam McQueen. (Helfand, William)
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Filing 2
JS44 (Civil Cover Sheet) submitted by Adam McQueen. (Helfand, William)
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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)
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl)
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DEMAND for Trial by Jury by Direct Biologics, LLC. (dl)
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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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