On June 21, 2021 a
Hearing
was filed
involving a dispute between
Vikor Scientific, Llc,
and
Arroyo, Nicolas,
Eckerbrecht, Gary,
Frasch, Julie,
Genetic Technological Innovations. Llc S,
Glimcher S, Nicholas,
Lamb, Phillip,
Matlick, Susan,
Mcbride, Gina,
Nissel, Paul,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
7/14/2021 7:53 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
CAROLYN SELLERS DEPUTY
CAUSE NO. DC-21-07836
VIKOR SCIENTIFIC, LLC § IN THE DISTRICT COURT
Plaintiff, g
v. g 116th JUDICIAL DISTRICT
JULIE FRASCH, GINA MCBRIDE, PAUL g
NISSEL, SUSAN MATLICK, §
Defendants. g DALLAS COUNTY, TEXAS
PLAINTIFF’S SUPPLEMENTAL ORIGINAL PETITION
AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
TO THE HONORABLE DISTRICT COURT JUDGE:
COME NOW, Plaintiff Vikor Scientific, LLC (“Plaintiff’), and files this, its Supplemental
Original Petition and Application for a Temporary Restraining Order, Temporary Injunction, and
Permanent Injunction (the “Petition”) against Defendants. In support, Plaintiff would respectfully
Show this Honorable Court the following:
l. Plaintiff brings this supplement to ask for the following relief:
2. Because the Defendants have damaged and will continue to damage Plaintiff in the
manner set forth above, Plaintiff is entitled to a temporary injunction enjoining the Defendants and
any individuals acting in concert with the Defendants.
3. Plaintiff requests that such temporary injunction remain in effect until the tn'al of
this case and permanently. Plaintiff therefore prays that this Court enter an order enjoining the
Defendant from:
a. Using the Plaintiff’s Confidential Information for any purpose, including
but not limited to the marketing or other provision of services competitive
with those provided by Plaintiff;
——-I-—'—
Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and
Permanent Injunction- Page 1
b. Accessing Plaintiff’s computer systems, download files or any infomation
from Plaintiff’s computer systems or in any way interfere, disrupt, modify
or change any computer program used by Plaintiff or any data stored on
Plaintiff s computer systems; and
c. Directly or indirectly soliciting business, accepting business, contacting or
communicating With any existing client or customer of Plaintiff that
Defendants serviced or had direct contact with on behalf of Plaintiff during
Defendant’s employment with Plaintiff.
4. Plaintiff further prays that this Court enter an order enjoining the Defendant
McBride from competing with Plaintiff and providing services on behalf of any other organization
that are the same or substantially similar to those Defendant McBride provided on behalf of
Plaintiff in the following territories:
a.b.c.d.e.
Oregon;
Idaho;
Wyoming;
Washington; and
Montana
5. Plaintiff further prays that this Court enter an order enjoining the Defendant Frasch
from competing with Plaintiff and providing services on behalf of any other organization that are
the same or substantially similar to those Defendant Frasch provided on behalf of Plaintiff in the
following territories:
a. Texas
6. Plaintiff further prays that this Court enter an order enjoining the Defendant Matlick
from competing with Plaintiff and providing services on behalf of any other organization that are
the same or substantially similar to those Defendant Matlick provided on behalf of Plaintiff in the
following territories:
a. Texas
Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and
Permanent Injunction- Page 2
7. Plaintiff further prays that this Court enter an order enjoining the Defendant Nissel
from competing with Plaintiff and providing services on behalf of any other organization that are
the same or substantially similar to those Defendant Nissel provided on behalf of Plaintiff in the
following territories:
Florida;
a..b.C.d.
Georgia;
South Carolina; and
North Carolina
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the
following relief as laid out in the Original Petition as well as the following relief:
(a) Entry of a Temporary and Permanent Injunction, as requested herein
above;
Respectfully submitted,
JAMES S. BELL, P.C.
/s/ Connor Nash
James S. Bell
State Bar No.: 24049314
Email: iames@iamesbellpc.com
Connor Nash
State Bar No. 24116809
Email: connor@jamesbellpc.com
2808 Cole Ave.
Dallas, Texas 75204
Telephone: 214-668—9000
CERTIFICATE 0F SERVICE
This is to certify that a true and correct copy of the above and foregoing document has been
served on all counsel of record in accordance with the Texas Rules of Civil Procedure.
ISI COHIIOT N3SI1
Connor Nash
Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and
Permanent Injunction- Page 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Connor Nash
Bar No. 24116809
connor@jamesbellpc.com
Envelope ID: 55363289
Status as of 7/16/2021 2:59 PM CST
Associated Case Party: VIKOR SCIENTIFIC, LLC
Name BarNumber Email TimestampSubmitted Status
James SamueIBeII James@jamesbellpc.com 7/14/2021 7:53:55 PM SENT
Connor Nash connor@jamesbellpc.com 7/14/2021 7:53:55 PM SENT
Mallory Rice mallory@jamesbel|pc.com 7/14/2021 7:53:55 PM SENT
Associated Case Party: GARY ECKERBRECHT
Name BarNumber Email TimestampSubmitted Status
Dave Wishnew dwishnew@cw|.|aw 7/14/2021 7:53:55 PM SENT
Cameron Jean cjean@cwl.law 7/14/2021 7:53:55 PM SENT
Associated Case Party: GINA MCBRIDE
Name BarNumber Email TimestampSubmitted Status
James Erdle jerdle@gpm-law.com 7/14/2021 7:53:55 PM SENT
Aaron Martinez amartinez@gpm-law.com 7/14/2021 7:53:55 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Nicole Vazquez nvazquez@cwl.law 7/14/2021 7:53:55 PM SENT
Janie Gonzales jgonzales@cwl.law 7/14/2021 7:53:55 PM SENT
Victoria Patterson vpatterson@cw|.law 7/14/2021 7:53:55 PM SENT
Associated Case Party: PAUL NISSEL
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Connor Nash
Bar No. 24116809
connor@jamesbellpc.com
Envelope ID: 55363289
Status as of 7/16/2021 2:59 PM CST
Associated Case Party: PAUL NISSEL
Name BarNumber Email TimestampSubmitted Status
James Erdle jerdle@gpm-law.com 7/14/2021 7:53:55 PM SENT
Aaron Martinez amartinez@gpm-law.com 7/14/2021 7:53:55 PM SENT
Document Filed Date
July 20, 2021
Case Filing Date
June 21, 2021
Category
CNTR CNSMR COM DEBT
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FILED 7/14/2021 7:53 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS CAROLYN SELLERS DEPUTY CAUSE NO. DC-21-07836 VIKOR SCIENTIFIC, LLC § IN THE DISTRICT COURT Plaintiff, g v. g 116th JUDICIAL DISTRICT JULIE FRASCH, GINA MCBRIDE, PAUL g NISSEL, SUSAN MATLICK, § Defendants. g DALLAS COUNTY, TEXAS PLAINTIFF’S SUPPLEMENTAL ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION TO THE HONORABLE DISTRICT COURT JUDGE: COME NOW, Plaintiff Vikor Scientific, LLC (“Plaintiff’), and files this, its Supplemental Original Petition and Application for a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction (the “Petition”) against Defendants. In support, Plaintiff would respectfully Show this Honorable Court the following: l. Plaintiff brings this supplement to ask for the following relief: 2. Because the Defendants have damaged and will continue to damage Plaintiff in the manner set forth above, Plaintiff is entitled to a temporary injunction enjoining the Defendants and any individuals acting in concert with the Defendants. 3. Plaintiff requests that such temporary injunction remain in effect until the tn'al of this case and permanently. Plaintiff therefore prays that this Court enter an order enjoining the Defendant from: a. Using the Plaintiff’s Confidential Information for any purpose, including but not limited to the marketing or other provision of services competitive with those provided by Plaintiff; ——-I-—'— Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction- Page 1 b. Accessing Plaintiff’s computer systems, download files or any infomation from Plaintiff’s computer systems or in any way interfere, disrupt, modify or change any computer program used by Plaintiff or any data stored on Plaintiff s computer systems; and c. Directly or indirectly soliciting business, accepting business, contacting or communicating With any existing client or customer of Plaintiff that Defendants serviced or had direct contact with on behalf of Plaintiff during Defendant’s employment with Plaintiff. 4. Plaintiff further prays that this Court enter an order enjoining the Defendant McBride from competing with Plaintiff and providing services on behalf of any other organization that are the same or substantially similar to those Defendant McBride provided on behalf of Plaintiff in the following territories: a.b.c.d.e. Oregon; Idaho; Wyoming; Washington; and Montana 5. Plaintiff further prays that this Court enter an order enjoining the Defendant Frasch from competing with Plaintiff and providing services on behalf of any other organization that are the same or substantially similar to those Defendant Frasch provided on behalf of Plaintiff in the following territories: a. Texas 6. Plaintiff further prays that this Court enter an order enjoining the Defendant Matlick from competing with Plaintiff and providing services on behalf of any other organization that are the same or substantially similar to those Defendant Matlick provided on behalf of Plaintiff in the following territories: a. Texas Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction- Page 2 7. Plaintiff further prays that this Court enter an order enjoining the Defendant Nissel from competing with Plaintiff and providing services on behalf of any other organization that are the same or substantially similar to those Defendant Nissel provided on behalf of Plaintiff in the following territories: Florida; a..b.C.d. Georgia; South Carolina; and North Carolina PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the following relief as laid out in the Original Petition as well as the following relief: (a) Entry of a Temporary and Permanent Injunction, as requested herein above; Respectfully submitted, JAMES S. BELL, P.C. /s/ Connor Nash James S. Bell State Bar No.: 24049314 Email: iames@iamesbellpc.com Connor Nash State Bar No. 24116809 Email: connor@jamesbellpc.com 2808 Cole Ave. Dallas, Texas 75204 Telephone: 214-668—9000 CERTIFICATE 0F SERVICE This is to certify that a true and correct copy of the above and foregoing document has been served on all counsel of record in accordance with the Texas Rules of Civil Procedure. ISI COHIIOT N3SI1 Connor Nash Plaintiff’s Supplemental Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction- Page 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Connor Nash Bar No. 24116809 connor@jamesbellpc.com Envelope ID: 55363289 Status as of 7/16/2021 2:59 PM CST Associated Case Party: VIKOR SCIENTIFIC, LLC Name BarNumber Email TimestampSubmitted Status James SamueIBeII James@jamesbellpc.com 7/14/2021 7:53:55 PM SENT Connor Nash connor@jamesbellpc.com 7/14/2021 7:53:55 PM SENT Mallory Rice mallory@jamesbel|pc.com 7/14/2021 7:53:55 PM SENT Associated Case Party: GARY ECKERBRECHT Name BarNumber Email TimestampSubmitted Status Dave Wishnew dwishnew@cw|.|aw 7/14/2021 7:53:55 PM SENT Cameron Jean cjean@cwl.law 7/14/2021 7:53:55 PM SENT Associated Case Party: GINA MCBRIDE Name BarNumber Email TimestampSubmitted Status James Erdle jerdle@gpm-law.com 7/14/2021 7:53:55 PM SENT Aaron Martinez amartinez@gpm-law.com 7/14/2021 7:53:55 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Nicole Vazquez nvazquez@cwl.law 7/14/2021 7:53:55 PM SENT Janie Gonzales jgonzales@cwl.law 7/14/2021 7:53:55 PM SENT Victoria Patterson vpatterson@cw|.law 7/14/2021 7:53:55 PM SENT Associated Case Party: PAUL NISSEL Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Connor Nash Bar No. 24116809 connor@jamesbellpc.com Envelope ID: 55363289 Status as of 7/16/2021 2:59 PM CST Associated Case Party: PAUL NISSEL Name BarNumber Email TimestampSubmitted Status James Erdle jerdle@gpm-law.com 7/14/2021 7:53:55 PM SENT Aaron Martinez amartinez@gpm-law.com 7/14/2021 7:53:55 PM SENT