This case was last updated from U.S. District Courts on 11/23/2021 at 08:32:57 (UTC).

Dexcom, Inc. et al v. Medtronic, Inc. et al

Case Summary

On September 24, 2021, Dexcom, Inc. (“Dexcom'') and Charles Boykin(“Boykin”) (collectively, “Plaintiffs”), represented by Brook T. Barnes of Procopio Cory Hargreaves & Savitch, filed a contract lawsuit against Meditronic, Inc. (“Defendant” ) and Does 1-20, seeking declaratory and injunctive relief along with cost of suit for alleged unlawful non-compete and non-solicitation provisions drafted by the Defendant. This case was filed in U.S. District Court in the Southern District of California with Judge M. James Lorenz and Judge Linda Lopez presiding.

In the complaint, the Plaintiffs alleged that, “In 1999, Boykin accepted a position at Medtronic. On or about March 4, 2020, Medtronic required Boykin to sign a new at-will employment agreement, entitled “Employee Agreement.” Unassisted by counsel, Boykin signed the Employee Agreement as a condition to receive his “stay bonus” instead of pursuing a new opportunity in another division of Medtronic. A true and correct copy of the Employee Agreement is attached hereto as Exhibit 1.”

The Plaintiffs also alleged that, “Effective January 2, 2021, Boykin left Medtronic after Medtronic terminated his employment for cause. Medtronic alleged that Boykin did not follow expense reimbursement policies. In or around February 2021, Boykin started working at Dexcom as its Senior Director Global Technical Support.”

And that “On April 22, 2021, Boykin wrote back to Medtronic informing Medtronic that he had returned all Medtronic property and materials, and that he had not disclosed and did not intend to disclose any of Medtronic’s confidential information to any company or third party. A true and correct copy of Boykin’s April 22, 2021 letter is attached as Exhibit 3.”

The Plaintiffs further alleged that, “On July 19, 2021, Dexcom responded to Medtronic’s July 14, 2021 letter, reminding Medtronic that a) Dexcom has not received any confidential and/or proprietary information from Boykin; b) Boykin has not disclosed any confidential and/or proprietary information and Dexcom instructed Boykin to not rely on any confidential and/or proprietary information from Medtronic; c) the non-compete provisions in the Employee Agreement were unenforceable in California, where Boykin resides, as well as Texas, where Boykin formerly resided; and, d) Medtronic’s inevitable disclosure theory that Boykin could not work for Dexcom without violating his non-compete obligations had been rejected by California courts as an impermissible restraint on employment mobility. A true and correct copy of Dexcom’s July 19, 2021 letter is attached as Exhibit 7.”

The Plaintiffs laid down three claims for relief. The first and second claims for relief are for declaratory relief pursuant to Code of Civil Procedure § 1060 and 28 U.S.C. § 2201 by all Plaintiffs. The third claim alleged is for violation of California Unfair Competition Law Cal. Bus. & Prof. Code §§ 17200 et seq.

In their prayer for relief, the Plaintiffs requested the Court to grant a declaration that the present matter may properly proceed in California, that California law governs the enforceability of the Non-Compete Clause and the Non-Solicitation Clause and that the Non-Compete Clause and the Non-Solicitation Clause are invalid and unenforceable against the Plaintiffs. The Plaintiffs also requested the Court for an order enjoining Medtronic from continuing its attempts at enforcing the Non-Compete Clause and the Non-Solicitation Clause against the Plaintiffs along with restitution and costs of suit or any other relief that Court deems just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-01677

  • Filing Date:

    09/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Referral Judge

Linda Lopez

Presiding Judge

Cathy Ann Bencivengo

 

Party Details

Plaintiffs

Dexcom, Inc.

Charles Boykin

Defendants

Medtronic, Inc.

Does 1-20

Attorney/Law Firm Details

Plaintiff Attorney

Brook T Barnes

Defendant Attorneys

Kurt A Kappes

Madeline Jean Orlando

Michael Dominick Lane

 

Court Documents

23 #3

Exhibit 1-5 to Dec of Madeline Orlando

23 #2

Declaration of Madeline Orlando in Support of Request for Judicial Notice

23 #1

Request for Judicial Notice in Support of Reply

23 #23

Main Document

#22

(#22) RESPONSE in Opposition re #16 MOTION to Dismiss or in the Alternative, Stay Proceedings filed by Charles Boykin, Dexcom, Inc.. (Barnes, Brook) (anh). (Entered: 11/15/2021)

#21

RESTRICTED

#19

(#19) MINUTE ORDER: An in-person hearing on Plaintiffs Application for Temporary Restraining Order and the Courts Order to Show Cause is set for October 29, 2021 at 2:00 p.m. in Courtroom 15A. [See Doc. No. 7 at 2.] If any parties want to listen to the hearing by telephone, they are instructed to connect (at least five minutes prior to the hearing) through an AT&T Teleconference connection at (888) 398-2342, access code: 1749358.(anh) (Entered: 10/27/2021)

16 #1

Memo of Points and Authorities

16 #16

Main Document

5 #6

Exhibit Exhibits 1-13 to Notice of Lodgment

5 #5

Notice Notice of Lodgment

5 #3

Declaration Declaration of Charles Boykin

5 #2

Declaration Declaration of Brook T. Barnes

5 #5

Main Document

#3

#2

1 #1

Civil Cover Sheet

1 #1

Main Document

34 More Documents Available
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Docket Entries

  • 11/22/2021
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  • Docket(#23) REPLY to Response to Motion re #16 MOTION to Dismiss or in the Alternative, Stay Proceedings filed by Medtronic, Inc.. (Attachments: #1 Request for Judicial Notice in Support of Reply, #2 Declaration of Madeline Orlando in Support of Request for Judicial Notice, #3 Exhibit 1-5 to Dec of Madeline Orlando)(Kappes, Kurt) (anh). (Entered: 11/22/2021)

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  • 11/15/2021
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  • Docket(#22) RESPONSE in Opposition re #16 MOTION to Dismiss or in the Alternative, Stay Proceedings filed by Charles Boykin, Dexcom, Inc.. (Barnes, Brook) (anh). (Entered: 11/15/2021)

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  • 10/29/2021
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  • Docket(#21) NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 10/29/2021 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Anne Roldan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/19/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/27/2022. (akr) (Entered: 10/31/2021)

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  • 10/29/2021
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  • Docket(#20) Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 10/29/2021 re #5 Ex Parte MOTION for Temporary Restraining Order filed by Charles Boykin, Dexcom, Inc. For reasons stated on the record, the motion is denied. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Brook Barnes).(Defendant Attorney Kurt Kappes). (no document attached) (lmh) (Entered: 10/29/2021)

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  • 10/27/2021
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  • Docket(#19) MINUTE ORDER: An in-person hearing on Plaintiffs Application for Temporary Restraining Order and the Courts Order to Show Cause is set for October 29, 2021 at 2:00 p.m. in Courtroom 15A. [See Doc. No. 7 at 2.] If any parties want to listen to the hearing by telephone, they are instructed to connect (at least five minutes prior to the hearing) through an AT&T Teleconference connection at (888) 398-2342, access code: 1749358.(anh) (Entered: 10/27/2021)

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  • 10/22/2021
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  • Docket(#18) RESPONSE TO ORDER TO SHOW CAUSE by Medtronic, Inc.. (Kappes, Kurt) (anh). (Entered: 10/22/2021)

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  • 10/22/2021
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  • Docket(#17) REPLY to Response to Motion re #5 Ex Parte MOTION for Temporary Restraining Order filed by Charles Boykin, Dexcom, Inc.. (Barnes, Brook) (anh). (Entered: 10/22/2021)

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  • 10/21/2021
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  • Docket(#16) MOTION to Dismiss or in the Alternative, Stay Proceedings by Medtronic, Inc.. (Attachments: #1 Memo of Points and Authorities)(Kappes, Kurt) (anh). (Entered: 10/21/2021)

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  • 10/18/2021
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  • Docket(#15) NOTICE of Errata to Defendant's Opposition to Motion for Preliminary Injunction and Request for Judicial Notice by Medtronic, Inc. (Attachments: #1 Exhibit 6 to the Request for Judicial Notice and Declaration of Madeline Orlando)(Kappes, Kurt) (anh). (Entered: 10/18/2021)

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  • 10/15/2021
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  • Docket(#14) RESPONSE in Opposition re #5 Ex Parte MOTION for Temporary Restraining Order filed by Medtronic, Inc.. (Attachments: #1 Declaration of Madeline Orlando ISO Request for Judicial Notice, #2 Exhibits 1-5 to Declaration of Madeline Orlando, #3 Request for Judicial Notice)(Kappes, Kurt) (anh). (Entered: 10/15/2021)

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3 More Docket Entries
  • 10/01/2021
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  • Docket(#10) SUMMONS Returned Executed by Dexcom, Inc., Charles Boykin. Medtronic, Inc. served. (Barnes, Brook) (anh). (Entered: 10/01/2021)

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  • 09/30/2021
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  • Docket(#9) NOTICE of Appearance by Madeline Jean Orlando on behalf of Medtronic, Inc. (Orlando, Madeline)Attorney Madeline Jean Orlando added to party Medtronic, Inc.(pty:dft) (anh). (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#8) NOTICE of Appearance by Kurt A Kappes on behalf of Medtronic, Inc. (Kappes, Kurt)Attorney Kurt A Kappes added to party Medtronic, Inc.(pty:dft) (anh). (Entered: 09/30/2021)

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  • 09/30/2021
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  • Docket(#7) ORDER Setting Briefing Schedule for Application for Temporary Restraining Order [Doc. No. #5 ]. Signed by Judge Cathy Ann Bencivengo on 9/30/2021.(anh) (Entered: 09/30/2021)

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  • 09/29/2021

  • Docket(#6) MINUTE ORDER OF RECUSAL: Judge Marilyn L. Huff hereby recuses from this case and directs the Clerk to randomly reassign this case to another district judge. This case has been randomly reassigned to Judge Cathy Ann Bencivengo for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this case. The new case number is 21-cv-1677-CAB-LL. SO ORDERED by Judge Marilyn L. Huff on 9/29/2021. (no document attached) (smy) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket(#5) Ex Parte MOTION for Temporary Restraining Order by Charles Boykin, Dexcom, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Brook T. Barnes, #3 Declaration Declaration of Charles Boykin, #4 Declaration Declaration of Chuck Donlon, #5 Notice Notice of Lodgment, #6 Exhibit Exhibits 1-13 to Notice of Lodgment)(Barnes, Brook) (anh). (Entered: 09/29/2021)

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  • 09/28/2021

  • Docket(#4) MINUTE ORDER. Judge M. James Lorenz is no longer assigned as presiding Judge. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 21cv1677-H-LL.(no document attached) (sjt) (Entered: 09/28/2021)

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  • 09/24/2021
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  • Docket(#3) Exhibit List (Exhibits 1-7 to Complaint) by Dexcom, Inc.. (Barnes, Brook) (jpp). (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (rmc). (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#1) COMPLAINT with Jury Demand against Medtronic, Inc.; Does 1-20 ( Filing fee $ 402 receipt number ACASDC-16162324.), filed by Dexcom, Inc., Charles Boykin. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1677-L-LL. Judge M. James Lorenz and Magistrate Judge Linda Lopez are assigned to the case. (Barnes, Brook) (fth) (rmc). (Entered: 09/24/2021)

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