Invacare Corporation v. Nordquist et al
Plaintiff: Invacare Corporation
Defendant: Michael Nordquist and Ki Mobility, LLC
Case Number: 1:2018cv00062
Filed: January 9, 2018
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: James S. Gwin
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2019 Opinion or Order Filing 51 Order to Release Preliminary Injunction Bond Obligations signed by Judge James S. Gwin on 1/14/19. (Related Doc. #50 ) (D,MA)
January 10, 2019 Filing 50 Motion for Order to Release Preliminary Injunction Bond Obligations filed by Plaintiff Invacare Corporation. Related document(s) #35 . (Attachments: #1 Proposed Order to Release Injunction Bond Obligations)(Vlasek, Jeffrey)
November 26, 2018 Opinion or Order Filing 49 Stipulation & Order signed by Judge James S. Gwin on 11/26/18 approving the parties' stipulated motion to convert the preliminary injunction into a permanent injunction with agreed upon modifications and to dismiss the instant case. (Related Doc. #48 ) (D,MA)
November 21, 2018 Filing 48 Stipulated Motion to Convert Preliminary Injunction to Permanent Injunction With Agreed Upon Modifications filed by Plaintiff Invacare Corporation. Related document(s) #44 . (Vlasek, Jeffrey)
November 14, 2018 Minute Order [non-document] of Telephone Conference held on 11/14/2018. Attorneys David Posner, Gregory Mersol and Jeffrey Vlasek attended on behalf of plaintiff. Attorney Jared Briant attended on behalf of defendants. The court conducted a telephone conference with counsel to the parties to address issues that have arisen in the finalization of a settlement agreement. In light of these discussions, the court hereby extends the deadline by which the parties must execute their settlement agreement to 11/19/2018 at 4:00 PM EST. The court sets a deadline of 12/4/2018 for the filing of a stipulated injunction and journal entry to conclude the action. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 11/14/2018. (Time: 23 minutes). (D,JJ)
November 13, 2018 IMPORTANT: Notice [non-document]: Telephone Conference set for 11/14/2018 at 2:00 PM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed separately. (D,JJ)
October 31, 2018 Opinion or Order Order [non-document]: Subsequent to the mediation conference conducted on October 25, 2018 the court contacted counsel for the parties and expressed a willingness to submit a confidential mediator's proposal for the resolution of all matters in dispute. Both the plaintiff and the defendants expressed a desire to receive and respond to such a proposal. On October 29, 2018 the magistrate judge submitted a proposal with a deadline to respond with an acceptance or rejection thereof by 4:00 p.m. on October 31, 2018. Both parties have accepted the proposal (subject to the execution of a comprehensive settlement agreement within 14 days). In accordance with the parties' agreement in principle to resolve the case, the court hereby ORDERS the parties to forthwith engage in negotiations on the final terms of a settlement agreement which shall include, inter alia, the terms of a permanent injunction as outlined in the mediator's proposal (which shall, in turn, include a listing of names of persons with whom Defendant Nordquist may not have contact on behalf of Defendant Ki Mobility; and disposition of the bond previously posted by Plaintiff Invacare). Magistrate Judge Thomas M. Parker on 10/31/2018. (D,JJ)
October 25, 2018 Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Mediation Conference held on 10/25/2018. Plaintiff Invacare Corporation representative Anthony LaPlaca appeared with counsel David Posner and Gregory Mersol. Defendant Michael Nordquist and Ki Mobility representative Doug Munsey appeared with counsel Jared Briant and Paul Wolfla. Despite extensive negotiations, the parties were unable to resolve their dispute during the mediation; however, Magistrate Judge Parker is continuing to work with the parties in order to reach a settlement. (Court Reporter: N/A. Time: 6 hours 33 minutes). (D,JJ)
October 23, 2018 Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 10/22/2018. Attorneys David Posner, Gregory Mersol and Jeffrey Vlasek participated on behalf of Plaintiff. Attorneys Jared B. Briant and Paul A. Wolfla participated on behalf of Defendants. The court and counsel separately discussed background information and issues in order to prepare for the upcoming Mediation Conference set for October 25, 2018 at 10:00 AM. (Court Reporter: N/A.) (D,JJ)
October 3, 2018 IMPORTANT: Notice [non-document]: Ex-parte Telephone Conference with PLAINTIFF's counsel is set for 10/22/2018 at 10:30 AM before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with DEFENSE counsel is set for 10/22/2018 at 11:30 AM before Magistrate Judge Thomas M. Parker. Call-in instructions were emailed separately. Modified to note change in date/time on 10/17/2018 (D,JJ).
September 17, 2018 Opinion or Order Filing 47 Order setting Mediation/Settlement Conference. Mediation conference to be held on 10/25/2018 at 10:00 AM in Chambers 11B before Magistrate Judge Thomas M. Parker. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email or telephone to schedule the ex-parte telephone conference. Magistrate Judge Thomas M. Parker on 9/17/2018. (D,JJ)
September 13, 2018 Opinion or Order Filing 46 Order referring case to Magistrate Judge Thomas M. Parker for mediation the week of 10/22/18 signed by Judge James S. Gwin on 9/13/18. Counsel will receive further instructions from Judge Parker's chambers. (D,MA)
September 7, 2018 Filing 45 Minutes of status conference before Judge James S. Gwin on 9/7/18. (Court Reporter: None; Time: 19 min.) (D,MA)
September 5, 2018 IMPORTANT: Notice [non-document] that the 9/6/18 status conference is RESET AS TO TIME ONLY to accommodate the parties' travel schedules and will be held at 2:00 p.m., Chambers 18A before Judge James S. Gwin. (D,MA)
September 4, 2018 IMPORTANT: Notice [non-document] that the 9/6/18 status conference is RESET AS TO TIME ONLY due to a conflict on the Court's calendar and will now be held at 11:00 a.m., Chambers 18A before Judge James S. Gwin. (D,MA)
August 9, 2018 Opinion or Order Filing 44 Opinion & Order signed by Judge James S. Gwin on 8/9/18. The Court, for the reasons set forth in this order, grants in part and denies in part plaintiff's motion to modify the preliminary injunction. The Court enjoins defendants as described in Part III of this opinion. (Related Doc. #37 ) (D,MA)
July 27, 2018 Opinion or Order Filing 43 Marginal Entry Order Signed by Judge James S. Gwin on 7/27/2018.Granting Instanter Defendant's Motion for leave to file surreply and memorandum in support. (Related Doc #41 ); denying Motion to strike (Related Doc #42 ). (L,Ja)
July 26, 2018 Filing 42 Motion to strike Defendants' Unauthorized Surreply filed by Plaintiff Invacare Corporation. Related document(s) #41 . (Vlasek, Jeffrey)
July 25, 2018 Filing 41 Motion for leave to File Surreply and Memorandum in Support filed by Ki Mobility, LLC, Michael Nordquist. Related document(s) #40 . (Attachments: #1 Exhibit A - Defendants'Surreply, #2 Exhibit 1 to Surreply - Plaintiff's Responses to Defendants' Requests for Production, #3 Exhibit 2 to Surreply - Plaintiff's Responses to Defendants' Interrogatories, #4 Proposed Order)(Briant, Jared)
July 20, 2018 Filing 40 Reply in support of #37 SEALED Motion to Modify the Preliminary Injunction #36 , #34 filed by Invacare Corporation. (Vlasek, Jeffrey)
July 13, 2018 Filing 39 SEALED Document: Exhibit A to Declaration of Douglas Munsey filed by Ki Mobility, LLC, Michael Nordquist. Related document(s) #36 , #38 . (Attachments: #1 Exhibit B to Declaration of Douglas Munsey)(Briant, Jared)
July 13, 2018 Filing 38 Response to #37 SEALED Motion to Modify the Preliminary Injunction #36 , #34 filed by Ki Mobility, LLC, Michael Nordquist. (Attachments: #1 Affidavit - Declaration of Michael H. Nordquist, #2 Affidavit - Declaration of Jared B. Briant, #3 Exhibit A to Declaration of Jared B. Briant - Invacare 10Q, #4 Affidavit - Declaration of Douglas Munsey)(Briant, Jared)
June 29, 2018 Filing 37 SEALED Motion to Modify the Preliminary Injunction, with memorandum in support filed by Plaintiff Invacare Corporation. (Related document(s) #36 , #34 ). (Attachments: #1 Exhibit Declaration of Gregory V. Mersol, with exhibits, #2 Exhibit Defendants' Emails, #3 Exhibit Declaration of Dean Childers, #4 Proposed Order) (Vlasek, Jeffrey). Modified on 7/3/2018, filer notified of error with certificate of service page (H,SP).
June 15, 2018 Opinion or Order Filing 36 Stipulated Protective Order signed by Judge James S. Gwin on 6/15/18. (Related Doc. #28 ) (D,MA)
June 8, 2018 Filing 35 Injunction Bond in the amount of $ $25,000 filed by Invacare Corporation. (Vlasek, Jeffrey)
June 1, 2018 Opinion or Order Filing 34 Opinion & Order signed by Judge James S. Gwin on 6/1/18. The Court, for the reasons set forth in this order, grants in part and denies in part plaintiff's motion for a preliminary injunction. The Court enjoins defendants Nordquist and Ki Mobility as described in Part III.D of this order. (Related Doc. #17 ) (D,MA)
May 9, 2018 Filing 33 Minutes of hearing on motion for preliminary injunction before Judge James S. Gwin on 5/3/18. (Court Reporter: S. Trischan; Time: 2 hrs. 43 mins.) (Related Doc. #17 ) (D,MA)
May 8, 2018 Filing 32 Post Hearing Brief filed by Ki Mobility, LLC, Michael Nordquist. (Briant, Jared)
May 8, 2018 Filing 31 Post Trial Brief in Support of its Motion for a Preliminary Injunction filed by Invacare Corporation. Related document(s) #17 . (Vlasek, Jeffrey)
May 4, 2018 Filing 30 Transcript of Preliminary Injunction Hearing Proceedings held on May 3, 2018 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [155 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2018. Redaction Request due 5/25/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/2/2018. (T,S)
May 2, 2018 Filing 29 Stipulated Production and Exchange of Exhibits in Preparation for Hearing on #17 filed by Invacare Corporation. (Vlasek, Jeffrey)
May 1, 2018 Filing 28 Stipulated Motion for protective order filed by Plaintiff Invacare Corporation. (Vlasek, Jeffrey)
April 30, 2018 Filing 27 Prelimiary Injunction Hearing Brief filed by Ki Mobility, LLC, Michael Nordquist. (Briant, Jared)
April 30, 2018 Filing 26 Pre-Trial Brief In Support of Plaintiff's Motion for Preliminary Injunction filed by All Plaintiffs. Related document(s) #17 . (Attachments: #1 Exhibit Declaration of Gregory V. Mersol)(Vlasek, Jeffrey)
April 30, 2018 IMPORTANT: Notice [non-document] that the 5/3/18 preliminary injunction hearing is RESET AS TO TIME ONLY due to a conflict on the Court's calendar and will now be held at 8:30 a.m., Courtroom 18A before Judge James S. Gwin. (D,MA)
April 19, 2018 Opinion or Order Filing 25 Order signed by Judge James S. Gwin on 4/19/18 that plaintiff shall identify experts by 5/21/18 and defendants shall identify experts by 6/4/18. (D,MA)
April 19, 2018 Opinion or Order Filing 24 Case Management Conference Plan/Order signed by Judge James S. Gwin on 4/19/18. Case is assigned to the standard track. Parties to be joined and pleadings amended 4/26/18. Dispositive motions to be filed by 8/20/18 with responses due 9/3/18 and replies due 9/10/18. All discovery to be completed by 11/19/18. Status conference set for 9/6/18 at 4:00 p.m., and final pretrial conference set for 11/29/18 at 12:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 12/3/18 at 8:00 a.m., Courtroom 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix A: Proposed Final Pretrial Order, #2 Appendix B: Exhibit List, #3 Appendix C: Witness List)(D,MA)
April 19, 2018 Filing 23 Minutes of case management conference before Judge James S. Gwin on 4/19/18. IMPORTANT: Both parties shall file a preliminary injunction hearing brief by 4/30/18. If either party wishes to file a post-hearing brief, that party must so move at the close of the hearing. (Court Reporter: None; Time: 49 min.) (D,MA)
April 16, 2018 Filing 22 Response to #17 Motion for preliminary injunction and Memorandum in Support filed by Ki Mobility, LLC, Michael Nordquist. (Attachments: #1 Declaration of Jared B. Briant, #2 Exhibit A - Defendants' Closing Argument, #3 Exhibit B - Jacono v. Invacare Corporation., #4 Exhibit C - Ruling and Order Dated 12-3-2003, #5 Declaration of Michael H. Nordquist, #6 Exhibit A - July 14, 1993 Letter, #7 Exhibit B - May 25, 1995 Memo, #8 Exhibit C - Sept. 8, 1995 Memo, #9 Exhibit D - May 26, 2000 Letter, #10 Exhibit E - Compilation of Patents, #11 Exhibit F - Compliation of News Articles, #12 Declaration of Douglas Munsey)(Briant, Jared)
April 16, 2018 Filing 21 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Invacare Corporation. (Mersol, Gregory)
April 16, 2018 Filing 20 Attorney Appearance by Jeffrey R. Vlasek filed by on behalf of All Plaintiffs. (Vlasek, Jeffrey)
April 13, 2018 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 4/13/18 granting the motion to appear pro hac vice of Attorney Jared B. Briant on behalf of defendants. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc. #19 ) (D,MA)
April 10, 2018 Filing 19 Motion for attorney Jared B. Briant to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8648006, filed by Ki Mobility, LLC, Michael Nordquist. (Attachments: #1 Exhibit A - Declaration of Jared B. Briant, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(Wolfla, Paul)
April 9, 2018 Filing 18 Jury Demand filed by Ki Mobility, LLC. (Wolfla, Paul)
April 9, 2018 Opinion or Order IMPORTANT: Order [non-document] entered by Judge James S. Gwin on 4/9/18 that defendants shall file a response to plaintiff's motion for preliminary injunction by 4/16/18. Hearing on the motion set for 5/3/18 at 10:00 a.m., Courtroom 18A. (Related Doc. #17 ) (D,MA)
April 6, 2018 Filing 17 Motion for preliminary injunction and Memorandum in Support filed by Plaintiff Invacare Corporation. (Attachments: #1 Exhibit A - Declaration of Dean Childers, #2 Exhibit B - Oct. 5, 2017 Letter to Mike Nordquist from Invacare, #3 Exhibit C - Oct. 5, 2017 Letter to Ki Mobility from Invacare, #4 Proposed Order Preliminary Injunction Order)(Posner, David)
March 30, 2018 Opinion or Order Filing 16 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 3/30/18 setting a conference for 4/19/18 at 9:30 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Attachment 1: Parties' Planning Meeting Report, #2 Attachment 2: Local Civil Rule 30.1) (D,MA)
March 30, 2018 Filing 15 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 3/30/18. (D,MA)
March 30, 2018 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 3/30/18 granting in part defendants' motion for an extension of time until 3/27/18 to file an answer to plaintiff's complaint. (Related Doc. #10 ) (D,MA)
March 27, 2018 Filing 14 Answer to #1 Complaint, with Jury Demand filed by Michael Nordquist. (Wolfla, Paul)
March 27, 2018 Filing 13 Answer to #1 Complaint, with Jury Demand filed by Ki Mobility, LLC. (Wolfla, Paul)
March 27, 2018 Filing 12 Amended Attorney Appearance by Paul A. Wolfla filed by on behalf of Ki Mobility, LLC, Michael Nordquist. Related document(s) #9 .(Wolfla, Paul)
March 13, 2018 Filing 11 Corporate Disclosure Statement filed by Ki Mobility, LLC. (Wolfla, Paul)
March 13, 2018 Filing 10 Motion for extension of time until 4/3/2018 to answer or respond to Plaintiff's Complaint filed by Defendant Ki Mobility, LLC. Related document(s) #1 . (Attachments: #1 Proposed Order)(Wolfla, Paul)
March 13, 2018 Filing 9 Attorney Appearance by Paul A. Wolfla filed by on behalf of Ki Mobility, LLC. (Wolfla, Paul)
February 26, 2018 Filing 8 Return of Service by Clerk by certified mail executed upon Ki Mobility, LLC on 2/20/2018; Michael Nordquist on 2/20/2018, filed on behalf of Invacare Corporation. Related document(s) #7 . (W,Jo)
February 16, 2018 Service by Clerk. Summons and Complaint addressed to Ki Mobility, LLC Receipt # 70060810000328274413, Michael Nordquist Receipt # 70060810000328274406 placed in U.S. Mail. Type of service: certified mail. (S,SR)
February 14, 2018 Filing 7 Original Summons issued to counsel for service upon Ki Mobility, LLC, Michael Nordquist. (P,WL)
February 14, 2018 Filing 6 Praecipe for issuance of Original Summons filed by Invacare Corporation. (Attachments: #1 Summons Michael Nordquist Summons, #2 Summons KI Mobility, LLC Summons)(Posner, David)
February 12, 2018 Filing 5 FILING ERROR - Attorney to re-file. Praecipe for issuance of Original Summons to Michael Nordquist filed by Invacare Corporation. (Attachments: #1 Complaint Complaint)(Posner, David) Modified as error on 2/13/2018 (P,WL).
February 12, 2018 Filing 4 FILING ERROR - Attorney to re-file. Praecipe for issuance of Original Summons KI Mobility, LLC filed by Invacare Corporation. (Attachments: #1 Complaint Complaint)(Posner, David) Modified as error on 2/13/2018 (P,WL).
January 10, 2018 Filing 3 Magistrate Consent Form issued. No summons provided, no summons issued. (W,Jo)
January 10, 2018 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (W,Jo)
January 10, 2018 Judge James S. Gwin assigned to case. (W,Jo)
January 9, 2018 Filing 2 Corporate Disclosure Statement filed by All Plaintiffs. (Mersol, Gregory)
January 9, 2018 Filing 1 Complaint With Request for Injunctive Relief against All Defendants. Filing fee paid $ 400, Receipt number 0647-8497275.. Filed by Invacare Corporation. (Attachments: #1 Exhibit A- Non-Competition Agreement, #2 Exhibit B - 10/5/17 Letter to Mike Nordquist, #3 Exhibit C - 10/5/17 Letter to Doug Munsey, #4 Exhibit D - 11/6/17 Letter to Andrew Littman, #5 Exhibit E - 11/6/17 Letter to Doug Munsey, #6 Civil Cover Sheet) (Mersol, Gregory)

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Plaintiff: Invacare Corporation
Represented By: Gregory V. Mersol
Represented By: David A. Posner
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Defendant: Michael Nordquist
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Defendant: Ki Mobility, LLC
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