novo review though has never meant the appellate court starts over. Rather, it means the appellate court takes the facts as presented to the court below and reviews whether summary judgment is justified without giving special deference to the decision below. See, e.g., Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007) (stating on summary judgment review that Sixth Circuit looks at factual record as presented by the non-movant to district court); 1 Steven Alan Childress & Martha S. Davis, Federal Standards of Review § 2.14 (3d ed. 1999) ("[W]hat is meant [by de novo review] is merely appellate power, ability, and competency to come to a different conclusion on the record as determined below.") (emphasis added)

We generally decline to entertain factual recitations not brought to the district court's attention in the first instance. See Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007) ("[T]he opposing party 'has an affirmative duty to direct the court's attention to those specific portions of the record upon which it seeks to rely to create a genuine issue of material fact.'" (quoting In re Morris, 260 F.3d 654, 665 (6th Cir. 2001))); Sumpter v. Wayne Cnty., 868 F.3d 473, 490 (6th Cir. 2017) ("We have said time and again, district courts cannot be expected to dig through the record to find the seeds of a party's cause of action.").

The employer bears the burden of proving the reasonableness of the restraint. Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 991 (6th Cir. 2007).

Fourth, the Sixth Circuit has interpreted the repeated conduct factor to "require that the similar reprehensible conduct be committed against various different parties rather than repeated reprehensible acts within the single transaction with the plaintiff." Chicago Title Ins. Corp. V. Magnuson, 487 F.3d 985, 1000 (6th Cir. 2007) (citing Bach v. First Union Nat'l Bank, 149 Fed.App'x. 354, 365 (6th Cir. 2005). Thus, Plaintiff's assertion that Defendant engaged in separate actions against her is not relevant to the repeated conduct determination.