Court Description: MEMORANDUM OPINION OF THE COURT. No. 78, 81 ) is GRANTED. ), On January 12, 2018, the Court issued a Temporary Injunction to maintain the status quo. (Valenti, Nicholas) (Entered: 02/02/2018), Emergency MOTION to Strike 99 Answer to Amended Complaint,,,,,, Third Party Complaint,,,,,, Counterclaim,,,,, 103 MOTION for Judgment on the Pleadings, 101 MOTION to Dismiss the Amended Complaint, 104 MOTION for Preliminary Injunction, MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Response/Reply by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit 1 - Email February 1, 2018)(Miller, Samuel) (Entered: 02/05/2018), NOTICE of Filing by Qiang Huang, Qiqi Jiang, Min Hua Lin (Attachments: # 1 Exhibit Ex. If the evidence offered by Procraft Cabinetry and Chen is "merely colorable," or "not significantly probative," or not enough to lead a fair-minded jury to find in its favor, the Court should grant summary judgment to Huang and Lin. 297 at 6; Doc. State Bd. If you are not a monthly donor, we allow five alerts and give a bonus of 10 alerts to anybody with the RECAP Extension installed. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/12/2018. Nken, 556 U.S. at 438, 129 S.Ct. served on Changuang Lin on 12-9-17, filed by ProCraft Cabinetry, Inc.. (Woodhouse, Maia) (Entered: 12/11/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Wenchen Chen served on 12/8/2017. Industry: Consumer Product Manufacturing. After weighing the relevant factors, the Court does not see any reason to depart from general rule. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. ( Id. ) Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/7/2018. Wenchen Chen, Mount Prospect, IL, pro se. (Id. (ab) (Entered: 10/26/2017), ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. From Free Law Project, a 501(c)(3) non-profit. (Entered: 11/06/2017), DECLARATION of Nicholas R. Valenti filed by ProCraft Cabinetry, Inc. re: 18 MOTION for Preliminary Injunction for Violations of the Racketeer Influenced and Corrupt Organizations Act. A - Huang Declaration, # 2 Exhibit Ex. 119 ) by end of day on January 29, 2018. 297 (citing Keller, 495 S.W.3d at 881-82 ) ). Our side panels are made from the finniest furniture grade plywood available, and 1/2 dovetails into the face frame for a secure connection No. )(af) (Entered: 01/29/2018), ORDER denying 121 Motion to Amend/Correct the Court's TRO. Sweet Home Kitchen and Bath, Inc., Hillside, IL, pro se. )(dt) (Entered: 02/01/2018), Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 2/1/2018 re deposition dispute. Exp. )(ab) (Entered: 01/12/2018), Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 1/12/2018. Signed by Magistrate Judge Jeffery S. Frensley on 1/19/2018. served on ProCraft Cabinetry Florida, LLC c/o Paul Chin Yang Lin, Registered Agent on 11-10-17, filed by ProCraft Cabinetry, Inc.. (Woodhouse, Maia) (Entered: 11/27/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. ProCraft Cabinetry Seattle, LLC served on 11/14/2017. 2012) ). Those are also dismissed. 2023 The President and Fellows of Harvard University. (Id. P. 12(f). Chen joins these arguments. When the claims against the defendant are dismissed, no party can be liable to that defendant so there is no ground for a third-party claim. It is fairly obvious that Procraft Cabinetry has standing to bring the Complaint: it alleges that it suffered injuries in fact, including trademark infringement, that are fairly traceable to the challenged conduct of the defendants and can be redressed by a favorable judicial decision. If Procraft Cabinetry is successful, it will be granted the exact relief it seeks: enjoinment of Huang and Lin's shareholder rights, preservation of the status quo, and continued prosecution of its appeal before the Sixth Circuit. Call (978) 687-6825 today or visit our kitchen and bath cabinetry showroom in the Village Mall at 436 Broadway, Methuen, Massachusetts. No. served on ProCraft Cabinetry Urbandale on 12/5/17, filed by ProCraft Cabinetry, Inc.. (Woodhouse, Maia) (Entered: 12/05/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Jia Liu served on 12/6/2017. (ab) (Entered: 01/05/2018), ORDER: Telephone Conference set for 1/30/2018 10:00 AM. 2001). "It is the universal rule that a contract must be viewed beginning to end and all its terms must pass in review, for one clause may modify, limit or illuminate another.". Chen would instead have the authority to "ensure" that there are no debts, and if she needed to collect a debt, she would have to bring it to the attention of the Shareholders. The Court has determined that the Shareholders' Agreement is valid and binding, Huang and Lin are shareholders in Procraft Cabinetry, and therefore, a continued enjoinment of Huang and Lin's contractual rights is not in the public interest. (Woodhouse, Maia) (Entered: 11/21/2017), NOTICE of Change of Address by Samuel F. Miller (Miller, Samuel) (Entered: 11/21/2017), NOTICE of Status of Service by ProCraft Cabinetry, Inc. (Woodhouse, Maia) Modified on 11/22/2017 (ab). Accordingly, the Court dismissed Procraft Cabinetry's complaint. 372.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. Thats why weve created a wide range of beautiful, affordable cabinet door styles that will add the wow factor your customers want in their kitchens and bathrooms. As the Court previously explained, if Chen thought it was necessary for the corporation to file a lawsuit but could not obtain a majority vote of the shareholders, a derivative lawsuit on behalf of the corporation would have been appropriate. 369 at 6-14.) Standing is a doctrine that "limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong." But a stay achieves this result by temporarily suspending the source of authority to act the order or judgment in question not by directing an actor's conduct." (Woodhouse, Maia) (Entered: 11/30/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Xiguang Tang served on 11/28/2017. (Entered: 11/06/2017), DECLARATION of Tibor Kovacs filed by ProCraft Cabinetry, Inc. re: 12 MOTION for Preliminary Injunction for Trademark Infringement. at 24.) She argues that many of the entity defendants, Huang, and Lin owe money to Procraft Cabinetry, which puts the task of collecting that money to her. Nken, 556 U.S. at 434, 129 S.Ct. 369 at 6-12.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. 8 at 86.) No. 235-29.) The Cabinet and Granite Depot, LLC, Cincinnati, OH, pro se. (Doc. B - 30b6 Deposition Notice for ProCraft Miami, # 3 Exhibit Ex. Nken, 556 U.S. at 435, 129 S.Ct. Because Procraft Cabinetry has not established a strong likelihood of success on the merits of its appeal, this factor weighs against a stay. (Id. 368 at 3-4.) The Court may grant summary judgment on grounds not raised by a party after "giving notice and a reasonable time to respond." No. In the Court's Rule 56(f) Memorandum Opinion, the Court found that Chen did not have the authority to direct the corporation to file this lawsuit (Doc. (ab), ORDER on certain pending motions. A preliminary injunction hearing date is requested no earlier that January 22, 2018. (Doc. 5, 93 L.Ed.2d 1 (1986) (Powell, J., in chambers) ("It is no doubt true that, absent [a stay], the applicant here will suffer irreparable injury. WebProCraft Cabinetry, Hillside, Illinois. R. Civ. JPD has been proudly selling ProCraft products since 2013. (Entered: 01/31/2018), AMENDED STIPULATED PROTECTIVE ORDER Signed by Magistrate Judge Jeffery S. Frensley on 1/31/18. Corp. Express Office Prods. Prot. The Court must view the "inferences to be drawn from the underlying factsin the light most favorable to the party opposing the motion." )(af) (Entered: 01/29/2018), MOTION for Consolidation of the Hearings on the Parties' Motions for Preliminary Injunction With the Trial on the Merits by Qiang Huang, Min Hua Lin, ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc.. (Eckert, Joel) (Entered: 01/30/2018), MEMORANDUM in Support of 127 MOTION for Consolidation of the Hearings on the Parties' Motions for Preliminary Injunction With the Trial on the Merits filed by Qiang Huang, Min Hua Lin, ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc. . Andre J. Bahou, Nicholas R. Valenti, Samuel F. Miller, Miller Legal Partners PLLC, Maia T. Woodhouse, Adams and Reese LLP, Wayne Edward Ramage, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Plaintiff. (Doc. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. No. WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGEPending before the Court is ProCraft Cabinetry, Inc.'s ("Procraft Cabinetry") Motion to Stay Pending Appeal (Doc. Nos. "A genuine dispute between the parties on an issue of material fact must exist to render summary judgment inappropriate." ProCraft Cabinetry Rule 12(f) motions are "viewed with disfavor by the federal courts are infrequently granted." (Doc. No. (Doc. 1367(c)(3). Id. Changuang Lin, Richton Park, IL, pro se. (Woodhouse, Maia) (Entered: 11/21/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Sweet Home Kitchen and Bath, Inc. served on 11/16/2017. Nken, 556 U.S. at 428, 129 S.Ct. ProCraft Cabinetry, Houston, LLC, Houston, TX, pro se. 325 at 1-2.) Griepentrog, 945 F.2d at 154 (citing Wisconsin Gas Co. v. Fed. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/29/18. The Court granted a temporary injunction preventing Huang and Lin from voting as shareholders of Procraft Cabinetry to end this lawsuit. Id. K-Cherry Glaze; K-Cinnamon Glaze; K-Espresso Glaze; Ice White Shaker; K-White; Pepper Shaker; Lait Grey Shaker; Gramercy White; Signature Pearl; Uptown White; Greystone Shaker; Nova Light Grey Shaker; Midtown Grey; Townplace Crema; Cabinet Specs; ProCraft Cabinetry. Under Tennessee law, each officer of a corporation "has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by direction of an officer authorized by the board of directors to prescribe the duties of other officers." No. (Id. (Court Reporter Lise Matthews. Get free summaries of new Middle District of Tennessee US Federal District Court opinions delivered to your inbox! (Doc. 1367(a). Dealer Locator - ProCraft Cabinetry PROCRAFT CABINETRY v. SWE | 343 F.Supp.3d 734 (2018) - Leagle (602) 753-3663. In addition, the harm alleged must be both certain and immediate, rather than speculative or theoretical. "A stay is an intrusion into the ordinary processes of administration and judicial review." Compress & Warehouse Co., Inc., 78 S.W.3d 885, 890 (Tenn. 2002). (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. Procraft Cabinetry, Inc. v. Sweet Home Kitchen & Bath, Inc., 348 F The parties are ORDERED to maintain the status quo. Nken, 556 U.S. at 428-29, 129 S.Ct. Prac. ProCraft Cabinetry Seattle, LLC, Kent, WA, pro se. It is undisputed that the Shareholders' Agreement is a "true and correct copy of the Shareholders' Agreement of Procraft Cabinetry Inc. Solid Wood Corner Brackets. No. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/15/2018. Referred To: 1540, 1547, 194 L.Ed.2d 635 (2016) (citing Valley Forge Christian Coll. Docket alerts are an advanced feature of CourtListener. "In contrast, [Huang and Lin] have demonstrated that they and the public will likely suffer significant harm if the stay is granted." Qiang Huang, Lisle, IL, pro se. The Telephone Conference is set for Friday, January 12, 2018, at 10:30 a.m. (hv), SUMMONS returned executed by ProCraft Cabinetry Florida, LLC, Min Hua Lin, Qiang Huang, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, ProCraft Cabinetry Dallas, LLC, Sweet Home Kitchen and Bath, Inc. Sophia Chen served on 1/29/2018. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION. The Cabinet and Granite Depot, LLC, Cincinnati, OH, pro se. United States District Court for the Middle District of Tennessee. Court Description: MEMORANDUM OPINION OF THE COURT. 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