ENCORE MEDICAL, L.P. v. KENNEDY, et al
| ENCORE MEDICAL, L.P. |
| JAY KENNEDY, GEOFFREY MISCOE, MIR-COM PRODUCTS, LLC, BRYANNE ENTERPRISES, INC. and MIG RUNNER, LLC |
| JAY KENNEDY |
| ENCORE MEDICAL, L.P. |
| 3:2012cv00058 |
| March 23, 2012 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| XX US, Outside State |
| Kim R. Gibson |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
195
ORDER OF COURT denying 156 Motion in Limine; granting 158 Motion in Limine; denying 160 Motion in Limine; granting in part and denying in part 163 Motion in Limine; granting 167 Motion in Limine; granting 169 Motion in Limine, and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 1/15/2014. (dlg)
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Filing
116
MEMORANDUM OPINION AND ORDER OF COURT - IT IS HEREBY ORDERED that: 12 Motion to Vacate filed by Defendant Jay Kennedy is DENIED with respect to the portion of the Circuit Court's injunction prohibiting competition with sales of "the Produ ct" and GRANTED with respect to the portion of that injunction prohibiting competition with sales of "the Machine"; 65 Motion to Dismiss filed by the Plaintiff is GRANTED; the Motions for Summary Judgment filed by the Defendants (ECF Nos. 88 & 91 ) are GRANTED with respect to Counts VI, VIII and X of the Second Amended Complaint (ECF No. 48 at Paragraphs 199-203, 211-218, 228-242) and DENIED in all other respects; the Motion for Partial Summary Judgment filed by the Plainti ff (ECF No. 94 ) is DENIED; and the Circuit Court's injunction is MODIFIED to delete the language prohibiting Defendant Jay Kennedy from competing with sales of "the Machine." ECF No. 24 -1 at 10, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 3/5/2013. (dlg)
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Filing
73
MEMORANDUM AND ORDER: Consequently, the Court will GRANT Defendants' Motions (Docs. 21, 25, 27, 52, 54) insofar as they request transfer of this action to the Western District of Pennsylvania. Accordingly, and for the reason s stated: Plaintiff's Motion for Extension of Time (Doc. 17) is hereby DENIED AS MOOT; Defendants' Motions (Docs. 21, 25, 27, 52, 54) are hereby DENIED IN PART and GRANTED IN PART. To the extent the Motions seek dismissal of this action ba sed on a lack of personal jurisdiction, they are hereby DENIED. To the extent the Motions request that the Court transfer this action pursuant to 28 U.S.C. § 1404(a), they are hereby GRANTED; and The Clerk is DIRECTED to transfer the file in this case to the Western District of Pennsylvania. Signed by District Judge Harry S Mattice, Jr on 1:11-cv-187. (BJL)
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