Elrod et al v. Aspen Dental Management, Inc.
| David J. Elrod, D.M.D. and David J. Elrod |
| Aspen Dental Management, Inc. |
| 3:2018cv00755 |
| August 12, 2018 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Montgomery |
| Aleta A Trauger |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
PRELIMINARY INJUNCTION ORDER: As set forth in the accompanying Memorandum, the court finds, first, that the relief requested by the plaintiffs is not barred by the terms of the arbitration provision in the BSA. Second, based on the evidence submitted by the parties, the court finds that the plaintiffs have established a substantial likelihood of success on the merits of their breach of contract claim and that the other factors the court must consider- risk of irreparable harm to the plaintiffs if injunctive relief is not granted, risk of harm to others if it is granted, and whether the public interest is advanced by an injunction-weigh at least modestly in favor of granting an injunction. Accordingly, the plaintiffs' motion is GRANTED, and it is hereby ORDERED that the defendant is ENJOINED from terminating the Business Services Agreement. This matter is REFERRED to arbitration with the American Health Lawyers Association. The Clerk is DIRECTED to administratively close this matter, to be reopened only upon a request by either party. Signed by District Judge Aleta A. Trauger on 8/23/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
|
| Filing 22 MEMORANDUM Signed by District Judge Aleta A. Trauger on 8/23/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
|
Filing 21
ORDER granting #19 Motion for Benjamin B. Coulter to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/20/18. (dt)
|
| AL State Bar status verified as active for Benjamin B. Coulter. (dt) |
|
Filing 20
ORDER granting #16 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 8/17/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
|
| Filing 19 MOTION for attorney(s) Benjamin B. Coulter to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2733691) by David J. Elrod, D.M.D., David J. Elrod. (Attachments: #1 Attachment Certificate of Good Standing)(Spoden, M.) |
| Filing 18 Sealed Document Notice of Filing Declarations Under Seal filed by David J. Elrod, D.M.D., David J. Elrod. (Attachments: #1 Exhibit Ex. A - Elrod Declaration, #2 Exhibit Ex. B - Sherfield Declaration, #3 Exhibit Ex. C - Cagle Declaration)(Spoden, M.) |
| Filing 17 Sealed Document Reply Brief in Support of Motion for Preliminary Injunction filed by David J. Elrod, D.M.D., David J. Elrod. (Spoden, M.) |
| Filing 16 MOTION for Leave to File Document Under Seal by David J. Elrod, D.M.D., David J. Elrod. (Spoden, M.) |
| Filing 15 NOTICE of Filing by David J. Elrod, D.M.D., David J. Elrod (Attachments: #1 Attachment Restraining Order/Injunction Bond)(Spoden, M.) |
| Filing 14 BUSINESS ENTITY DISCLOSURE STATEMENT filed by David J. Elrod, D.M.D.. (Spoden, M.) |
| Filing 13 GREEN CARD RETURNED Executed Return of Service on Summons Acknowledgement filed by David J. Elrod, D.M.D., David J. Elrod. (Spoden, M.) |
|
Filing 12
ORDER granting #9 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 8/15/18. (dt)
|
| Filing 11 Sealed Document Second Declaration of Justin Kohlbrenner filed by Aspen Dental Management, Inc.. (Attachments: #1 Attachment Ex. A - Memorandum of Understanding)(Parham, W. Travis) |
| Filing 10 Sealed Document Aspen Dental's Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Aspen Dental Management, Inc.. (Parham, W. Travis) |
| Filing 9 MOTION for Leave to File Document Under Seal by Aspen Dental Management, Inc.. (Parham, W. Travis) |
| Filing 8 NOTICE of Filing by David J. Elrod, D.M.D., David J. Elrod (Attachments: #1 Exhibit Exhibit A - Restraining Order, #2 Exhibit Exhibit B - Order granting Motion for Exp. Discovery)(Spoden, M.) |
|
Filing 7
ORDER: The defendant shall respond to the plaintiffs' filings by August 14, 2018, and the plaintiffs may file a reply by August 16, 2018. The temporary restraining order issued by the state court will remain in effect until August 24, 2018 or another date by court order. Signed by District Judge Aleta A. Trauger on 8/14/18. (dt)
|
| Minute Entry for proceedings held before District Judge Aleta A. Trauger: Scheduling Conference held on 8/13/2018. Defendant to respond by 8/14/18. Plaintiff to reply by 8/16/18. (kb) |
| Filing 6 NOTICE of Initial Case Management Conference set for 10/15/2018 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt) |
| Filing 5 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for Robert Earl Boston, W. Travis Parham, L. Wells Trompeter and M. Clark Spoden. (dt) |
| Filing 3 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Aspen Dental Management, Inc. (dt) |
| Filing 2 NOTICE to Counsel of Removal of Action to the United States District Court for the Middle District of Tennessee by Aspen Dental Management, Inc. (dt) |
| Filing 1 NOTICE OF REMOVAL by Aspen Dental Management, Inc. from Chancery Court of Montgomery County, Tennessee, case number MC-CH-CV-CD18-26. (Filing fee $ 400 receipt number 0650-2729294) (Attachments: #1 Exhibit A, Part 1 - State Court Pleadings, #2 Exhibit A, Part 2 - State Court Pleadings, cont'd, #3 Exhibit B - Declaration of Justin Kohlbrenner, #4 Attachment - Civil Cover Sheet)(dt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
