KCI USA, Inc. v. Healthcare Essentials, Inc.
Plaintiff: KCI USA, Inc.
Defendant: Healthcare Essentials, Inc.
Case Number: 1:2014cv00549
Filed: March 12, 2014
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Lesley Wells
Nature of Suit: Other Personal Property Damage
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
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Date Filed Document Text
September 19, 2018 Opinion or Order Filing 439 Memorandum of Opinion and Order For the reasons set forth herein, the Court denies the Cavitch Attorneys' Motion to Reconsider and Revise the 7/16/2018 Order imposing sanctions [ECF No. 363 ] (ECF No. 383 ). The Court orders that all De fendants are jointly and severally liable to KCI for $2,464,313.55 in attorney fees and costs. The Court also orders that the Cavitch firm, Attorney Komlavi Atsou, and Attorney Michael R. Rasor are each liable to KCI for $365,200.67, and At torney Eric J. Weiss is liable to KCI for $290,488.30. All amounts are owed jointly and severally, and all amounts are subject to post-judgment interest as described herein. The Court also clarifies that Defendants are obligated to pay post-judgment interest on their damages liability (see ECF No. 438 ). Judge Benita Y. Pearson on 9/19/2018. (JLG)
September 10, 2018 Opinion or Order Filing 438 Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the proposed order for stipulated damages and trebles that figure. The Court awards $645,016,638.00 in monetary relief jointly and severally against all Defendants. Judge Benita Y. Pearson on 9/10/2018. Related document(s) 367 , 381 . (JLG)
July 16, 2018 Opinion or Order Filing 363 Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's Omnibus Motions for Sanctions (ECF No. 333 ) is granted. KCI is entitled to attorney fees and costs, in the form or sanctions, from the Cavitch Firm and indiv idual attorneys Michael R. Rasor, Komlavi Atsou, and Eric Weiss. The Court shall conduct a hearing to determine the sanctions on 8/3/2018 at 10:00 a.m. Plaintiff's brief in support of its damages shall be filed not later than 14 days before the hearing. Any responsive brief shall be filed not later than 7 days prior to the hearing. If necessary, Plaintiff may reply not later than 3 days before the hearing. Judge Benita Y. Pearson on 7/16/2018. (JLG)
June 29, 2018 Opinion or Order Filing 360 Findings of Fact and Conclusions of Law The Court enters findings of fact and conclusions of law in support of its determination that case-terminating sanctions in the form of default judgment on all counts in Plaintiff's Third Amended C omplaint (ECF No. 276 ) against Defendants Healthcare Essentials, Inc., Healthcare Essentials, LLC, Healthcare Essentials Medical Devices, LLC, RT Acquisition, Inc., Ryan Tennebar, and Colin Tennebar are warranted. For good cause shown, Plaintiff K CI USA, Inc.'s Motion for Order to Show Cause (ECF No. 269 ) is granted. Plaintiff's Motions for Default Judgment against Defendants Daniel Rader, Anthony Estrada, and Abel Cortez, ECF Nos. 355 and 359 , are also granted. A hearing sha ll be held to allow the Court to determine the amount of damages due Plaintiff. This hearing shall address damages with respect to all Defendants. The hearing shall be held on 7/13/2018 at 10:00 a.m. Plaintiff's brief in support of its damages shall be filed not later than 14 days before the hearing. Any responsive brief shall be filed not later than 7 days prior to the hearing. If necessary, Plaintiff may reply not later than 3 days before the hearing. Judge Benita Y. Pearson on 6/29/2018. (JLG)
March 21, 2018 Opinion or Order Filing 358 Memorandum of Opinion and Order For the reasons set forth herein, Attorneys James S. Gentile and Rhys B. Cartwright-Jones' Motion to Withdraw as counsel for Defendants Healthcare Essentials, Inc., Healthcare Essentials, LLC, Healthcare Essentials Medical Devices, LLC, RT Acquisition, Inc., and Ryan H. Tennebar, and Counter-Claimant Healthcare Essentials, LLC, ECF No. 356 , is denied. Judge Benita Y. Pearson on 3/21/2018. (JLG)
February 21, 2018 Opinion or Order Filing 354 Memorandum of Opinion and Order For the reasons set forth herein, Interested Party Cavitch, Familo & Durkin, LPA's Motion to Strike (ECF No. 348 ) is denied. Judge Benita Y. Pearson on 2/21/2018. (JLG)
November 8, 2017 Opinion or Order Filing 326 Memorandum of Opinion and Order For the reasons set forth herein, the Court hereby denies Defendants' Joint Motion to Stay (ECF No. 321 ). The Show Cause Hearing shall commence on Thursday, 11/9/2017, at 1:00 p.m. Defendant Ryan Tennebar's presence at the Show Cause Hearing is excused. Defendant Colin Tennebar shall appear with his counsel. Judge Benita Y. Pearson on 11/8/2017. (JLG)
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Plaintiff: KCI USA, Inc.
Represented By: Thomas O. Crist
Represented By: David A. Landman
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Defendant: Healthcare Essentials, Inc.
Represented By: Alexander E. Goetsch
Represented By: Michael R. Rasor
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