On July 13, 2018 a
Order
was filed
involving a dispute between
Biote Medical, Llc,
and
Rouzier, Neal, Md,
for OTHER (CIVIL)
in the District Court of Dallas County.
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CAUSE N0. DC~18~09135
BIOTE MEDICAL, LLc,
§ INTHE DISTRICT COURT
Plaintiff,
g
I
v.
g 44th JUDICIAL DiSTRICT
NEAL ROUZIER, M.D., g
Defendant.
g DALLAS COUNTY, TEXAS
ORDER GRANTING DISCOVERY REGARDING
ANTI-SLAPP MOTION AND SETTING DEA
DLINES
On October 19, 201 8, came on for consideration BioT
E Medical, LLC’s (“BioTE”) Motion
for Expedited Discovery under
TEX. CIV. PRAC. & REM. CODE 27.006(b) and Motion for
Continuance ofHearing on Motion to Dism
iss Pursuant to TEX. CIV. PRAC. & REM. CODE 27.004(c)
(the “Motion for Discovery”), and after considering the pleadings
onfile herein, and the arguments
of counsel, it appears to the Court that good cause
exists.
IT IS, THEREFORE, ORDERED, ADJUDG
ED AND DECREED that BioTB’s Motion
for Discovery is GRANTED as indicated below.
IT IS FURTHER ORDERED that BioTE may take the deposition
ofNeaI Rouzier, M.D.
‘
(“Defendant”) and serve 5 written
interrogatories and S requests for
production on the following
topics: the information of BioTE that Defendant had access to while working with BioTE, the
information of BioTE that Defendant took
or has in his possession, the informatio
n of BioTE that
Defendant has used or incorporated into his
current activities or shared with others, and to whom
such information has been shared. BioT
E may take the deposition of Defendant limited to two
(2)
hours; such preliminary deposition does
not prejudice BioTE’s right to re-depose
Defendant at a later
date on the full merits ofthe case in preparation for
trial. The parties are ORDERED to cooperate in
ORDER GRANTING DISCOVERY REGARDING
ANTI-SLAPP MOTIONAND SETTING DEADLINES
PAGE 1
the scheduling of depositions. Three days before the sche
duled deposition, BioTE shall provide
Defendant with copies of any document
s that it intends to use during the deposition
that were not
produced to BioTE by Defendant pursu
ant to this Order. BioTE shall serve its written disco
very
requests and deposition notice upon Defendant no later than Friday, October 26, 201 8. Defendant
shall serve his responses to BioTE’s written disco
very at least seven (7) days before the
scheduled
deposition.
IT IS FURTHER ORDERED that the hearing on Defendant’s TCP
A Moti on to Dismiss
currently scheduled for October 3
1, 20 1 8 is hereby removed fi'om the Court’s docket in acco
rdance
with §27.004(c) of the TCPA and reset for December 17, 2018 at 9:00 am. BioTE shall file and
serve Response
its to Defendant’s TCPA Motion to Dismiss on or before December
7, 2018.
Defendant shall file his reply, if
any, on or before December 12, 201 8.
IT IS FURTHER ORDERED that all other discovery not speci
fically authorized herein is
stayed pending the Court’s ruling on Defendan
t’s TCPA Motion to Dismiss.
SIGNED this [gm day ofNovember, 2018 at I I
55‘
'”
o’clock /
cam, ,
G PRE IDING
ORDER GRANTING DISCOVERY REGARDING
ANTI—SLAPP MOTION AND SETTING DEADLINE
S PAGE 2
AGREED AS TO FORM:
ls/ Rvgn K. Lurich
Ryan K. Lurich
Attomey for Plaintiff
/s/ Gregory M. Clifi
Gregory M. Clifi
Attorney for Defendant
#851471
ORDER GRANTING DISCOVERY REGARDING
ANTl-SLAPP MOTION AND SETTING DEADLINES
PAGE 3
Document Filed Date
November 18, 2018
Case Filing Date
July 13, 2018
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CAUSE N0. DC~18~09135 BIOTE MEDICAL, LLc, § INTHE DISTRICT COURT Plaintiff, g I v. g 44th JUDICIAL DiSTRICT NEAL ROUZIER, M.D., g Defendant. g DALLAS COUNTY, TEXAS ORDER GRANTING DISCOVERY REGARDING ANTI-SLAPP MOTION AND SETTING DEA DLINES On October 19, 201 8, came on for consideration BioT E Medical, LLC’s (“BioTE”) Motion for Expedited Discovery under TEX. CIV. PRAC. & REM. CODE 27.006(b) and Motion for Continuance ofHearing on Motion to Dism iss Pursuant to TEX. CIV. PRAC. & REM. CODE 27.004(c) (the “Motion for Discovery”), and after considering the pleadings onfile herein, and the arguments of counsel, it appears to the Court that good cause exists. IT IS, THEREFORE, ORDERED, ADJUDG ED AND DECREED that BioTB’s Motion for Discovery is GRANTED as indicated below. IT IS FURTHER ORDERED that BioTE may take the deposition ofNeaI Rouzier, M.D. ‘ (“Defendant”) and serve 5 written interrogatories and S requests for production on the following topics: the information of BioTE that Defendant had access to while working with BioTE, the information of BioTE that Defendant took or has in his possession, the informatio n of BioTE that Defendant has used or incorporated into his current activities or shared with others, and to whom such information has been shared. BioT E may take the deposition of Defendant limited to two (2) hours; such preliminary deposition does not prejudice BioTE’s right to re-depose Defendant at a later date on the full merits ofthe case in preparation for trial. The parties are ORDERED to cooperate in ORDER GRANTING DISCOVERY REGARDING ANTI-SLAPP MOTIONAND SETTING DEADLINES PAGE 1 the scheduling of depositions. Three days before the sche duled deposition, BioTE shall provide Defendant with copies of any document s that it intends to use during the deposition that were not produced to BioTE by Defendant pursu ant to this Order. BioTE shall serve its written disco very requests and deposition notice upon Defendant no later than Friday, October 26, 201 8. Defendant shall serve his responses to BioTE’s written disco very at least seven (7) days before the scheduled deposition. IT IS FURTHER ORDERED that the hearing on Defendant’s TCP A Moti on to Dismiss currently scheduled for October 3 1, 20 1 8 is hereby removed fi'om the Court’s docket in acco rdance with §27.004(c) of the TCPA and reset for December 17, 2018 at 9:00 am. BioTE shall file and serve Response its to Defendant’s TCPA Motion to Dismiss on or before December 7, 2018. Defendant shall file his reply, if any, on or before December 12, 201 8. IT IS FURTHER ORDERED that all other discovery not speci fically authorized herein is stayed pending the Court’s ruling on Defendan t’s TCPA Motion to Dismiss. SIGNED this [gm day ofNovember, 2018 at I I 55‘ '” o’clock / cam, , G PRE IDING ORDER GRANTING DISCOVERY REGARDING ANTI—SLAPP MOTION AND SETTING DEADLINE S PAGE 2 AGREED AS TO FORM: ls/ Rvgn K. Lurich Ryan K. Lurich Attomey for Plaintiff /s/ Gregory M. Clifi Gregory M. Clifi Attorney for Defendant #851471 ORDER GRANTING DISCOVERY REGARDING ANTl-SLAPP MOTION AND SETTING DEADLINES PAGE 3