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USMJ_Webb

U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division) CIVIL DOCKET FOR CASE #: 5:13-cv-00141-BO

North Carolina State Board of Dental Examiners v. DentalCare Partners, Inc. et al Assigned to: District Judge Terrence W. Boyle Case in other court: Wake County Superior Court, 13-CVS-002336 Cause: 28:1331 Fed. Question Plaintiff North Carolina State Board of Dental Examiners

Date Filed: 02/27/2013 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

represented by Douglas J. Brocker The Brocker Law Offices, P.A. 5540 Centerview Drive Suite 200 Raleigh, NC 27606-3363 919-342-5537 Fax: 919-342-4951 Email: doug@brockerlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Carolin D. Bakewell Brocker Law Firm 5540 Centerview Dr., Ste. 200 Raleigh, NC 27606 919-828-4620 Fax: 834-8156 Email: carolin@brockerlawfirm.com ATTORNEY TO BE NOTICED

V. Defendant DentalCare Partners, Inc. represented by Stephen W. Petersen Smith Moore Leatherwood LLP P. O. Box 27525 434 Fayetteville St., Suite 2800 Two Hannover Square Raleigh, NC 27601 919-755-8834 Fax: 919-838-3125 Email: steve.petersen@smithmoorelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Johnny M. Loper Womble Carlyle Sandridge & Rice, PLLC P. O. Box 831 150 Fayetteville St., Suite 2100 Raleigh, NC 27602 919-755-2116 Fax: 919-755-6056 Email: JLoper@wcsr.com ATTORNEY TO BE NOTICED Mark Anderson Finkelstein Smith Moore LLP PO Box 27525 Raleigh, NC 27611 919-755-8819 Fax: 919-838-3124 Email: mark.finkelstein@smithmoorelaw.com ATTORNEY TO BE NOTICED Defendant Dental One, Inc. represented by Stephen W. Petersen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Johnny M. Loper (See above for address) ATTORNEY TO BE NOTICED Mark Anderson Finkelstein (See above for address) ATTORNEY TO BE NOTICED Defendant

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DCP Equity Partners, LLC

represented by Stephen W. Petersen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Johnny M. Loper (See above for address) ATTORNEY TO BE NOTICED Mark Anderson Finkelstein (See above for address) ATTORNEY TO BE NOTICED

Defendant DCP of Burlington NC, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Carmel Village (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Cary, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Charlotte, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Concord (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Crabtree Mall, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Durham, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Fayetteville (Raleigh), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Gastonia, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Greensboro, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Greenville NC, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Hickory (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant DCP of High Point (Greensboro) represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Hope Mills (131), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Huntersville (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Jacksonville, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Leland (Wilmington), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Lexington, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Matthews (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Monroe (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Raeford (125), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Salisbury (Charlotte), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of South Pointe (Durham), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Wake Forest (Raleigh) LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Wendover (Greensboro), LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DCP of Wilmington, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant DCP of Winston-Salem, LLC represented by Mark Anderson Finkelstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Drs. Aguero, Hughes & Assoc. represented by Adam Nicholas Olls Bailey & Dixon, L.L.P. P.O. Box 1351 2500 Two Hannover Square, 25th Floor Raleigh, NC 27602-1351 919-828-0731 Fax: 919-828-6592 Email: aolls@bdixon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats Bailey & Dixon P. O. Box 1351 Raleigh, NC 27602 919-828-0731 Fax: 828-6592 Email: dcoats@bdixon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray Bailey & Dixon, L.L.P. P.O. Box 1351 2500 Two Hannover Square, 25th Floor Raleigh, NC 27602-1351 919-828-0731 Fax: 919-828-6592 Email: jgray@bdixon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Beatriz R. Aguero, D.D.S. & Associates II, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Beatriz R. Aguero, D.D.S. & Associates IV, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Alston, Johal & Dunning, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Cameron & Roman I, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Cameron, Roman & Assoc., II, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Cameron & Roman III, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Ghodke, Lindsey & Assoc., P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Humble & Assoc., P.A. Defendant Drs. Johal, Dunning & Assoc. P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Drs. Johal, Dunning & Associates II, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Johal, Dunning & Associates IV, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Johal, Dunning & Associates V, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Johal, Dunning & Associates VI, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Johal, Dunning & Associates VII, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Drs. Lee & Associates II, P.A. represented by Ashley Huffstetler Campbell Ragsdale Liggett PLLC P.O. Box 31507

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2840 Plaza Place, Suite 400 Raleigh, NC 27612 919-787-5200 Fax: 919-783-8991 Email: acampbell@rl-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Legler & Associates, P.A. Defendant Dr. McClary & Associates III, P.A. Defendant Dr. McClary & Associates II, P.A. Defendant Dr. R. Edward Mooring, Jr. & Assoc. P.A. Defendant Drs. Patel, Alston & Assoc., P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Christopher M. Silvoy, DMD & Assoc. P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Silvoy & Associates I, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Smith & Associates IV, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant

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Benson J. Ybanez, D.D.S. & Assoc., P.A.

represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Benson J. Ybanez, DDS & Assoc. II, P.A. represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Youssef & Associates, P.A. Defendant R. Aguero Beatriz represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Stacey D. Alston represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Clifton Smith Cameron represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant

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Joseph M. Curley

represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Richard B. Dunning represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Manisha N. Ghodke represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Timothy Hughes represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Lindsey R. Williams Defendant Peeranan Songlin Lee represented by Ashley Huffstetler Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Robert John Legler Defendant Adrai F. Lindsey represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Jotinder K. Johal represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Randall Lee McClary Defendant Ronald Edward Mooring, Jr. Defendant Harish B. Patel represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Eric James Roman represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Christopher M. Silvoy represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant James Nelson Smith represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Benson J. Ybanez represented by Adam Nicholas Olls (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David S. Coats (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey P. Gray (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Nabil Naguib Youssef, Jr.

Date Filed 02/27/2013

Docket Text

1 NOTICE OF REMOVAL by Dental One, Inc. from Wake County Superior, case number 13-CVS-002336. ( Filing fee $ 350 receipt number 0417-2412930), filed by Dental One, Inc. (Attachments: # 1 Index of Attachments, # 2 Civil Cover Sheet, # 3 Exhibit Complaint, # 4 Exhibit Cover Letter and Order Assigning Case, # 5 Exhibit Motion for Temporary Restraining Order and Memorandum in Support, # 6 Exhibit Temporary Restraining Order, # 7 Exhibit Goode Affidavit, # 8 Exhibit Friddle Affidavit) (Finkelstein, Mark) (Entered: 02/27/2013) 2 NOTICE of Appearance by Mark Anderson Finkelstein on behalf of Dental One, Inc. (Finkelstein, Mark) (Entered: 02/27/2013) 3 FINANCIAL DISCLOSURE STATEMENT by Dental One, Inc. (Finkelstein, Mark) (Entered: 02/27/2013) 4 NOTICE of Hearing to CALENDAR HEARING on Preliminary Injunction set for 2/28/2013 at 2:00 p.m. in Raleigh - 7th Floor Courtroom 2 before District Judge Terrence W. Boyle. (Ruffin, L.) (Entered: 02/28/2013) 5 NOTICE of Appearance by Stephen W. Petersen on behalf of DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. (Petersen, Stephen) (Entered: 02/28/2013) 6 NOTICE of Appearance by Johnny M. Loper on behalf of DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. (Loper, Johnny) (Entered: 02/28/2013) 7 NOTICE of Appearance by Douglas J. Brocker on behalf of All Plaintiffs (Brocker, Douglas) (Entered: 02/28/2013) 8 NOTICE of Appearance by Jeffrey P. Gray on behalf of Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Adrai F. Lindsey, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez (Gray, Jeffrey) (Entered: 02/28/2013) 9 NOTICE of Appearance by David S. Coats on behalf of Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Adrai F. Lindsey, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez (Coats, David) (Entered: 02/28/2013) 10 NOTICE of Appearance by Adam Nicholas Olls on behalf of Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Adrai F. Lindsey, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez (Olls, Adam) (Entered: 02/28/2013) 11 FINANCIAL DISCLOSURE STATEMENT by Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV,

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P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Adrai F. Lindsey, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez. (Gray, Jeffrey) (Entered: 02/28/2013) 02/28/2013 12 NOTICE by Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Adrai F. Lindsey, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez Notice of Non-Consent to Removal (Gray, Jeffrey) (Entered: 02/28/2013) 13 Minute Entry for proceedings before District Judge Terrence W. Boyle: Docket Call regarding Calendar Hearing held in Raleigh, NC on 2/28/2013 - all parties present and ready to proceed with oral arguments - at this time the TRO is extended until 3:00 p.m. on Thursday March 7th, 2013 - notice of hearing will be issued - order to follow. (Court Reporter Shelia Darden) (Ruffin, L.) (Entered: 02/28/2013) TEXT Order - The Temporary Restraining Order extended until 3:00 p.m. on Thursday March 7, 2013 at which time the Court will hear the necessity of further extension of the Temporary Restraining Order and any pending motions related to jurisdiction Calendar call set for 3/7/2013 at 2:00 p.m. in Raleigh - 7th Floor - Courtroom 2. SO ORDERED by District Judge Terrence W. Boyle. (Ruffin, L.) (Entered: 02/28/2013) 14 NOTICE of Appearance by Carolin D. Bakewell on behalf of North Carolina State Board of Dental Examiners (Bakewell, Carolin) (Entered: 03/01/2013) 15 FINANCIAL DISCLOSURE STATEMENT by North Carolina State Board of Dental Examiners (Brocker, Douglas) (Entered: 03/01/2013) 16 OFFICIAL TRANSCRIPT OF PRELIMINARY INJUNCTION Proceedings held on 2/28/2013, before District Judge Terrence W. Boyle. Court Reporter Shelia Darden, Husby, Inc. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website. Redaction Request due 3/28/2013. Redacted Transcript Deadline set for 4/7/2013. Release of Transcript Restriction set for 6/5/2013. (Steele, F.) (Entered: 03/04/2013) NOTICE of Filing of Official Transcript - DE 16 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) (Entered: 03/04/2013) 17 NOTICE of Appearance by Ashley Huffstetler Campbell on behalf of Peeranan Songlin Lee (Campbell, Ashley) (Entered: 03/05/2013) 18 FINANCIAL DISCLOSURE STATEMENT by Peeranan Songlin Lee (Campbell, Ashley) (Entered: 03/05/2013) 19 AFFIDAVIT of Keith Newton by DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. (Attachments: # 1 Exhibit 1 - Management Agreement Between DCP of Cary, LLC and Dr. Ghodke & Associates, P.A., Dated as of December 26, 2004) (Petersen, Stephen) (Entered: 03/06/2013) 20 MOTION to Approve Payment of Interim Fees Under Temporary Restraining Order regarding 1 Notice of Removal by DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. (Loper, Johnny) (Entered: 03/06/2013) 21 Memorandum in Support regarding 20 MOTION to Approve Payment of Interim Fees Under Temporary Restraining Order regarding 1 Notice of Removal filed by DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. (Loper, Johnny) (Entered: 03/06/2013) NOTICE TO COUNSEL regarding 14 Notice of Appearance. For future reference, counsel should flatten all fillable forms prior to efiling. (Heath, D.) (Entered: 03/06/2013) 22 NOTICE by DCP Equity Partners, LLC, Dental One, Inc., DentalCare Partners, Inc. Preliminary Opposition to Remand and Memorandum on Federal Subject Matter Jurisdiction (Attachments: # 1 Exhibit Exhibit 1 - United States Federal Trade Commission Letter of May 25, 2012 (the "FTC Letter") to The Honorable Stephen LaRoque, # 2 Exhibit Exhibit 2 - In the Matter of The North Carolina Board of Dental Examiners, Dkt. No. 9343, Opinion and Final Order of the Commission, Dec. 7, 2011) (Petersen, Stephen) (Entered: 03/06/2013) 23 MOTION to Remand by North Carolina State Board of Dental Examiners. (Brocker, Douglas) (Entered: 03/06/2013) 24 Memorandum in Support regarding 23 Motion to Remand by North Carolina State Board of Dental Examiners. (Brocker, Douglas) Modified on 3/8/2013 to correct event. (Rudd, D.) (Entered: 03/06/2013) Motions submitted to District Judge Terrence W. Boyle: 23 MOTION to Remand , 20 MOTION to Approve Payment of Interim Fees Under TRO regarding 1 Notice of Removal and 24 MOTION to Remand Memorandum in Support. (Ruffin, L.) (Entered: 03/07/2013) Docket entries 19 AFFIDAVIT of Keith Newton and 22 Preliminary Opposition to Remand and Memorandum submitted to District Judge Terrence W. Boyle's chambers for review. (Ruffin, L.) (Entered: 03/07/2013) 25 Minute Entry for proceedings before District Judge Terrence W. Boyle: Motion Hearing held in Raleigh, NC on 3/7/2013 regarding 23 MOTION to Remand filed by North Carolina State Board of Dental Examiners and 20 MOTION to Approve Payment of Interim Fees Under TRO - all parties present and ready to proceed with oral arguments - the Court will allow fees to be paid - defendants will be allowed to supplement the response in opposition to the motion to remand - the TRO will remain in force with modification. Text Order to follow. (Court Reporter Donna Tomawski) (Ruffin, L.) (Entered: 03/08/2013) NOTICE TO COUNSEL regarding 19 Affidavit. Counsel should reflect on all future filings the "Division" in which the case has been assigned (Western). (Heath, D.) (Entered: 03/08/2013) TEXT ORDER granting 20 Motion to Approve Payment of Interim Fees Under Temporary Restraining Order - the TRO, with modification, is extended until the court rules on the Motion to Remand - the defendant's have until 5:00 pm on Thursday March

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7, 2013 to supplement their response in opposition to the plaintiff's motion to remand. SO ORDERED by District Judge Terrence W. Boyle on 3/7/2013. (Ruffin, L.) (Entered: 03/08/2013) 03/12/2013 03/12/2013 26 NOTICE of Appearance by Ashley Huffstetler Campbell on behalf of Drs. Lee & Associates II, P.A. (Campbell, Ashley) (Entered: 03/12/2013) 27 Consent MOTION for Extension of Time to File Answer regarding 1 Notice of Removal,, by DCP Equity Partners, LLC, DCP of Burlington NC, LLC, DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Greenville NC, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Salisbury (Charlotte), LLC, DCP of South Pointe (Durham), LLC, DCP of Wake Forest (Raleigh) LLC, DCP of Wendover (Greensboro), LLC, DCP of Wilmington, LLC, DCP of Winston-Salem, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order) (Finkelstein, Mark) (Entered: 03/12/2013) 28 First MOTION for Extension of Time to File Answer by Dr. Lee & Associates II, PA and by Peeranan Songlin Lee. (Attachments: # 1 Text of Proposed Order Proposed Order) (Campbell, Ashley) (Entered: 03/12/2013) MOTIONS REFERRED to Julie A. Richards, Clerk of Court: 28 First MOTION for Extension of Time to File Answer by Dr. Lee & Associates II, PA and, 27 Consent MOTION for Extension of Time to File Answer regarding 1 Notice of Removal. (Edwards, S.) (Entered: 03/13/2013) 29 NOTICE by DCP Equity Partners, LLC, DCP of Burlington NC, LLC, DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Greenville NC, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Salisbury (Charlotte), LLC, DCP of South Pointe (Durham), LLC, DCP of Wake Forest (Raleigh) LLC, DCP of Wendover (Greensboro), LLC, DCP of Wilmington, LLC, DCP of WinstonSalem, LLC, DentalCare Partners, Inc. regarding 1 Notice of Removal,, (Finkelstein, Mark) (Entered: 03/13/2013) 30 MOTION for Extension of Time to File Answer to Complaint by Stacey D. Alston, R. Aguero Beatriz, Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Assoc., P.A., Benson J. Ybanez, DDS & Assoc. II, P.A., Clifton Smith Cameron, Joseph M. Curley, Dr. Christopher M. Silvoy, DMD & Assoc. P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., Drs. Alston, Johal & Dunning, P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Assoc., II, P.A., Drs. Ghodke, Lindsey & Assoc., P.A., Drs. Johal, Dunning & Assoc. P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Patel, Alston & Assoc., P.A., Richard B. Dunning, Manisha N. Ghodke, Timothy Hughes, Jotinder K. Johal, Harish B. Patel, Eric James Roman, Christopher M. Silvoy, James Nelson Smith, Benson J. Ybanez. (Attachments: # 1 Exhibit Waiver of Defenses of Personal Jurisdiction, Insufficiency of Process & Insufficiency of Service of Process, # 2 Text of Proposed Order Order Allowing Consent Motion for Extension of Time to Respond to Complaint) (Gray, Jeffrey) (Entered: 03/13/2013)

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