Synergy Aesthetics, LLC v. Boe et al

5:19-cv-06082 | Missouri Western District Court

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Division St. Joseph
Judge Chief District Judge Beth Phillips
Filed July 5, 2019
Case Flags MAPN
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Breach of Contract
Jury Demand Defendant
Last Updated: 5 years, 3 months ago Show Interactive Timeline
Filing Date # Docket Text
12/9/2019
  • Motion for Judgment
Clerk's Judgment
12/9/2019
  • Order
Order
10/23/2019
  • Order
Order
9/12/2019
  • Scheduling Order
Scheduling Order
8/30/2019
  • Order
ORDER granting 26 : Defendants' Motion to Clarify is GRANTED. See Order for details. Plaintiff's motion for leave to file a sur-reply 41 is DENIED. Signed on 8/30/19 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 08/30/2019)
8/20/2019SUGGESTIONS in opposition re 41 MOTION for leave to file Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant Brenda Boe's Motion for Clarification filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc.. Reply suggestions due by 9/3/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit BB-Travel Itinerary)(Related document(s) 41 ) (Stumph-Turner, Megan) (Entered: 08/20/2019)
8/16/2019NOTICE of filing Plaintiff's Reply Suggestions in Support of Motion for Preliminary Injunction by Synergy Aesthetics, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sobczyk, Brian) (Entered: 08/16/2019)
8/16/2019
  • Motion to File
MOTION for leave to file Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant Brenda Boe's Motion for Clarification filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/30/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit Synergy's Proposed Sur-Reply to Boe's Motion for Clarification)(Sobczyk, Brian) (Entered: 08/16/2019)
8/13/2019NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re 38 Reply Suggestions to Motion, of Exhibit AA filed under sealed (Stumph-Turner, Megan) (Entered: 08/13/2019)
8/13/201939
  • Motion to FileGranted
ORDER granting 37 Defendants' motion for leave to file an exhibit under seal. Defendants are directed to file Exhibit AA to their reply suggestions to the motion to clarify within three business days. Signed on 8/13/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna) (Entered: 08/13/2019)
8/13/2019
  • Motion to File
Order on Motion for Leave to File
8/12/2019SUGGESTIONS in support re 37 MOTION for leave to file Reply Exhibit Under Seal, REPLY SUGGESTIONS to motion 26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc. (Attachments: # 1 Exhibit 1 - Affidavit of Brenda Boe)(Related document(s) 37 , 26 ) (Stumph-Turner, Megan) Modified on 8/13/2019: Docket text modified to reflect two filing events. NEF regenerated. (Melvin, Greg) (Entered: 08/12/2019)
8/12/2019
  • Motion to File Replyby Δ
MOTION for leave to file Reply Exhibit Under Seal filed by Megan R Stumph-Turner on behalf of All Defendants. Suggestions in opposition/response due by 8/26/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) (Entered: 08/12/2019)
8/9/2019NOTICE (SEALED) by Synergy Aesthetics, LLC re 34 Suggestions in Opposition to Motion, Sealed Exhibits (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sobczyk, Brian) (Entered: 08/09/2019)
8/9/201935
  • Motion to FileGranted
ORDER granting 33 motion for leave to file exhibits under seal. Plaintiff is directed to file under seal Exhibits A and B to its suggestions in opposition to the motion to clarify within three business days. Signed on 8/9/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna) (Entered: 08/09/2019)
8/9/2019
  • Motion to File
Order on Motion for Leave to File
8/8/2019SUGGESTIONS in opposition re 26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Brian Edward Sobczyk on behalf of Plaintiff Synergy Aesthetics, LLC. Reply suggestions due by 8/22/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 26 ) (Sobczyk, Brian) (Entered: 08/08/2019)
8/8/2019
  • Motion to File
MOTION for leave to file Exhibits Under Seal filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/22/2019 unless otherwise directed by the court. (Sobczyk, Brian) (Entered: 08/08/2019)
8/7/2019
  • Answer
ANSWER to Counterclaim of Brenda Boe on behalf of Synergy Aesthetics, LLC.(Sobczyk, Brian) (Main Document 32 replaced on 8/8/2019 per request of attorney) (Crocker, Susan). (Entered: 08/07/2019)
8/2/201931
  • Order
ORDER setting deadlines. Plaintiff's response to Defendants' motion to clarify is due up to and including Thursday, August 8, 2019. Defendants' reply to the motion to clarify is due Monday, August 12, 2019. In addition, Plaintiff's reply to the motion for a preliminary injunction is extended to Friday, August 16, 2019. Signed on 8/2/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna) (Entered: 08/02/2019)
8/2/201930
  • Motion to ContinueGranted
ORDER granting 24 motion to continue temporary restraining order. The temporary restraining order is extended until such time that the Court rules on Plaintiff's request for a preliminary injunction. Signed on 8/2/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna) (Entered: 08/02/2019)
8/2/2019NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re 27 Suggestions in Support of Motion, Exhibit B (Filed Under Seal) (Stumph-Turner, Megan) (Entered: 08/02/2019)
8/2/2019NOTICE (SEALED) by Brenda Boe, Evolus, Inc. re 27 Suggestions in Support of Motion, Exhibit A (Filed Under Seal) (Stumph-Turner, Megan) (Entered: 08/02/2019)
8/2/2019SUGGESTIONS in support re 26 MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Defendants Brenda Boe, Evolus, Inc.. (Attachments: # 1 Exhibit A (Under Seal), # 2 Exhibit B (Under Seal))(Related document(s) 26 ) (Stumph-Turner, Megan) (Entered: 08/02/2019)
8/2/2019
  • Motion to Continue
Order, Order on Motion to Continue
8/2/2019
  • Motionby Δ
MOTION to clarify REGARDING SCOPE OF ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER filed by Megan R Stumph-Turner on behalf of Brenda Boe, Evolus, Inc.. Suggestions in opposition/response due by 8/16/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) (Entered: 08/02/2019)
8/2/2019
  • Motion to File
ORDER granting 22 Defendants' Motion to file exhibits under seal is GRANTED and Exhibits A and B to Defendants' Motion to Clarify are allowed to be filed under seal. Signed on 8/2/19 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 08/02/2019)
8/1/2019
  • Motion to Continue
MOTION to continue Plaintiff's Motion for Extension/Continuance of Temporary Restraining Order filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/15/2019 unless otherwise directed by the court. (Sobczyk, Brian) (Entered: 08/01/2019)
8/1/2019
  • Motion for Protective Order
PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 8/1/19 by Chief District Judge Beth Phillips. (Attachments: # 1 Declaration) (Cordell, Annette) (Entered: 08/01/2019)
7/31/2019
  • Motion to Fileby Δ
MOTION for leave to file Exhibits Under Seal filed by Megan R Stumph-Turner on behalf of Brenda Boe, Evolus, Inc.. Suggestions in opposition/response due by 8/14/2019 unless otherwise directed by the court. (Stumph-Turner, Megan) (Entered: 07/31/2019)
7/24/201921
  • Motion to Extend Time to File ReplyGranted
ORDER granting 20 Plaintiff's Unopposed Motion for Extension of Time to File Reply in support of Preliminary Injunction is GRANTED, up to and including August 8, 2019. Signed on 7/24/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) (Entered: 07/24/2019)
7/24/2019NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) (Entered: 07/24/2019)
7/24/2019
  • Motion to Extend Time to File Response
MOTION for extension of time to file response/reply In Support of Preliminary Injunction filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/7/2019 unless otherwise directed by the court. (Sobczyk, Brian) (Entered: 07/24/2019)
7/22/2019
  • Order
ORDER. RULE 16 NOTICE. Proposed scheduling order due by 9/5/2019. Rule 26 conference due by 8/22/2019. Signed on 7/22/19 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 07/22/2019)
7/20/2019
  • Motion for Protective Order
Consent MOTION for protective order Plaintiff's Motion for Entry of Stipulated Protective Order filed by Brian Edward Sobczyk on behalf of Synergy Aesthetics, LLC. Suggestions in opposition/response due by 8/5/2019 unless otherwise directed by the court. (Sobczyk, Brian) (Entered: 07/20/2019)
7/19/2019
  • Answerby Δ
ANSWER to Complaint with Jury Demand on behalf of Evolus, Inc..(Stumph-Turner, Megan) (Entered: 07/19/2019)
7/18/2019
  • Motion for Temporary Restraining OrderPartial
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER. Synergy's motion to issue a temporary restraining order is GRANTED in part and DENIED in part. Boe is enjoined from soliciting business from clients she serviced during her time at Synergy. Boe is not prohibited from soliciting new customers (and may use information such as a customer list to do so). Signed on 7/18/19 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 07/18/2019)
7/17/2019Defendant Brenda Boe's ANSWER to Complaint with Jury Demand and, COUNTERCLAIM against Synergy Aesthetics, LLC on behalf of Brenda Boe.(Stumph-Turner, Megan) (Main Document 15 replaced on 7/17/2019 at the request of filer due to a clerical error; NEF regenerated) (Ellis, Lindsey). (Entered: 07/17/2019)
7/16/2019 DISCLOSURE OF CORPORATE INTERESTS filed by Brian Edward Sobczyk on behalf of Plaintiff Synergy Aesthetics, LLC.(Sobczyk, Brian) (Entered: 07/16/2019)
7/12/2019Minute Entry. Proceedings held before Chief District Judge Beth Phillips: PRELIMINARY INJUNCTION HEARING held on 7/12/2019 Time in court: 9:34 a.m. to 11:19 a.m.. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. (McIlvain, Kelly) (Entered: 07/12/2019)
7/11/2019NOTICE of filing Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Brenda Boe, Evolus, Inc. (Attachments: # 1 Exhibit A - Affidavit)(Stumph-Turner, Megan) (Entered: 07/11/2019)
7/10/2019
  • Responseby Δ
RESPONSE TO ORDER TO SHOW CAUSE by Brenda Boe, Evolus, Inc.. (Attachments: # 1 Exhibit A)(Stumph-Turner, Megan) (Entered: 07/10/2019)
7/9/2019
  • Order
ORDER TO SHOW CAUSE. Defendants have not properly alleged diversity jurisdiction. Before the close of business on Thursday, July 11, 2019, Defendants shall provide the Court with additional information establishing the citizenship for Plaintiff. They must identify all of the members of the Plaintiff LLC and the citizenship for each of those members. Signed on 7/9/19 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 07/09/2019)
7/8/20199 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Preliminary Injunction/Temporary Restraining Order Hearing set for 7/12/2019 09:30 AM in Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 07/08/2019)
7/8/20198NOTICE OF REASSIGNMENT. Pursuant to ORDER at #7, this case is randomly reassigned to the Honorable Chief District Judge Beth Phillips for all further proceedings. Please note the new case number: 5:19-06082-CV-SJ-BP. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) (Entered: 07/08/2019)
7/8/20197
  • Order
ORDER directing the Clerk of Court to randomly reassign this case for all further proceedings. Signed on 7/8/19 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) (Entered: 07/08/2019)
7/8/2019
  • Order
Order Transferring/Reassigning Case, Order
7/5/2019NOTICE of appearance by Megan R Stumph-Turner on behalf of All Defendants (Stumph-Turner, Megan) (Entered: 07/05/2019)
7/5/2019NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.

Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Woods, Gloria) (Entered: 07/05/2019)
7/5/2019 DISCLOSURE OF CORPORATE INTERESTS filed by David M. Eisenberg on behalf of Defendant Evolus, Inc..(Eisenberg, David) (Entered: 07/05/2019)
7/5/2019NOTICE of appearance by John W. Cowden on behalf of All Defendants (Attorney John W. Cowden added to party Brenda Boe(pty:dft), Attorney John W. Cowden added to party Evolus, Inc.(pty:dft))(Cowden, John) (Entered: 07/05/2019)
7/5/2019NOTICE of appearance by David M. Eisenberg on behalf of Brenda Boe, Evolus, Inc. (Eisenberg, David) (Entered: 07/05/2019)
7/5/2019NOTICE OF REMOVAL from Circuit Court of Platte County, Missouri County, case number 19AE-CC00197, filed by David M. Eisenberg on behalf of Evolus, Inc., Brenda Boe. Filing fee $ 400, receipt number AMOWDC-6387347. (Attachments: # 1 Exhibit A-State Court Petition, # 2 Exhibit B-Report, # 3 Exhibit C-State Court File, # 4 Civil Cover Sheet)(Eisenberg, David) (Entered: 07/05/2019)