A hearing was held Thursday morning for a judge to determine whether or not a local doctor could open a new OBGYN practice. 

Dr. Gary Ott who owns Women's Care of Western Pennsylvania filed a lawsuit against his former employee, Dr. Kelly Duckett. 

Duckett was employed at Women's Care from July 2009 through December 2012. 

Under Duckett's contract, if she ever left the practice she could not start a practice or work for one within a 65 mile radius. 

According to court documents Ott argues that Duckett breached the restrictive covenants contained in her employment agreement. 

Documents state that Ducket "misappropriated Women's Care confidential proprietary and trade secret information for benefit and for the benefit of her company Life's Journey, OBGYN, P.C. thereby unfairly competiting with Women's Care." 

On Thursday at the Clearfield County courthouse Ott and his attorney's requested that the judge grant them an injunction. 

The injunction would prevent Duckett from opening her practice which has been under construction along West Park Avenue in DuBois. 

Duckett's attorneys argued that Duckett was promised by Ott that should be become a partner within his practice at some point during her three year contract. 

Documents show that Duckett was never offered the opportunity to become a partner. 

Despite the non-compete agreement the judge can rule that Duckett's business can operate if there is a need for OBGYN's in the surrounding area. 

According to Ott's attorneys, there is not a shortage of doctors within that field in the area. 

The attorney said that for an emergency appointment patients can see doctor Ott within 24-48 hours. 

He said non-emergency appointments can be made within three weeks. 

Duckett's attorney, Joel Sansone argued the opposite. 

Sansone said that a recent report by the Central Pennsylvania Physicians Risk Retention Group states that there is insufficient coverage in the surrounding area. 

After back and forth testimony the judge spoke to both attorney's in the judge's chambers. 

Sansone told 6 News the judge made a ruling to deny the motion Ott was seeking. 

Sansone said that Duckett has received the 'go-ahead' to begin seeing patients at her new office. 

Duckett told 6 News that she will begin seeing patients on Monday. 

On April 2, a hearing will be held where a judge will determine whether or not Ott has enough evidence and testimony for an injunction to be filed. 

Sansone said he is confident that Duckett will be able to keep her practice open.