Ever-Seal, Inc. v. DuraSeal, Inc.
| Ever-Seal, Inc. |
| DuraSeal, Inc. |
| 3:2022cv00365 |
| May 18, 2022 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Aleta A Trauger |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 53
RESPONSE in Opposition re #41 MOTION to Dismiss for Lack of Jurisdiction filed by Ever-Seal, Inc.. (Zralek, Stephen)
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Filing 52
MOTION for Leave to File Sur-Reply in Opposition to Plaintiff Ever-Seal, Inc.'s Show Cause Motion by DuraSeal, Inc.. (Attachments: #1 Attachment Proposed Order Granting Defendant's Motion for Leave to File a Sur-Reply)(Shumate, Thomas)
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Filing 51
NOTICE of Filing by Ever-Seal, Inc. re #50 Reply to Response to Motion (Attachments: #1 Exhibit A - Bankruptcy hearing transcript (pertinent parts), #2 Exhibit B - Halferty deposition transcript (pertinent parts), #3 Exhibit C - Seal-It Receipts, #4 Exhibit D - Seal-It Email)(Zralek, Stephen)
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Filing 50
REPLY to Response to re #36 MOTION for Order to Show Cause filed by Ever-Seal, Inc.. (Zralek, Stephen)
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Filing 49
ORDER: Finding good cause, the Court GRANTS Plaintiff's Motion #48 for leave of Court to file five (5) additional pages in its reply to the Contempt Motion such that Plaintiff will have a total of ten (10) pages for the reply. Signed by District Judge Eli J. Richardson on 7/11/2022. (bs)
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Filing 48
MOTION for Leave to To File Additional Pages in Reply to Plaintiff's Contempt Motion and in Response to Defendant's Show Cause Response re #36 MOTION for Order to Show Cause , #37 Memorandum in Support, #46 Notice (Other),, #38 Notice (Other), #45 Response in Opposition to Motion by Ever-Seal, Inc.. (Attachments: #1 Attachment Proposed Order for Motion for Leave)(Zralek, Stephen)
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Filing 47
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on July 1, 2022, Defendant filed a motion to dismiss with supporting memorandum and Exhibits (Docket Nos. #41 - #43 ). Responsive briefing shall be in accordance with Local Rule 7.01(a)(3) and (4). The Clerk is directed to forward the motion and any responsive briefing to the Honorable Eli J. Richardson, District Judge for his consideration. The initial case management conference remains scheduled for 3:00 p.m., August 18, 2022, (Docket Entry No. 29) by conference call using the Court's conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 7/6/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing 46
NOTICE of Filing by DuraSeal, Inc. re #45 Response in Opposition to Motion to Show Cause (Attachments: #1 Exhibit Exhibit A - Declaration of Thomas W. Shumate IV, #2 Exhibit Collective Exhibit B - Selected Filings From Case 00082, #3 Exhibit Collective Exhibit C - Selected Filings From Case 101-5, #4 Exhibit Collective Exhibit D - Selected Filings From 050-5, #5 Exhibit Exhibit E - Supplemental Declaration of Brad Halferty, #6 Exhibit Exhibit F - Excerpts from Brad Halferty's Deposition Transcript)(Shumate, Thomas)
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Filing 45
RESPONSE in Opposition re #36 MOTION for Order to Show Cause Why It Should Not Be Found In Contempt of Court and For Attorney's Fees filed by DuraSeal, Inc.. (Shumate, Thomas)
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Filing 44
BUSINESS ENTITY DISCLOSURE STATEMENT filed by DuraSeal, Inc.. (Shumate, Thomas)
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Filing 43
NOTICE of Filing by DuraSeal, Inc. re #41 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A - Declaration of Stephen Bradley Halferty, #2 Exhibit B - Mr. Halfertys Voluntary Petition for Individuals Filing for Bankruptcy, #3 Exhibit C - Ever-Seal, Inc.s Adversary Proceeding in Case No. 22-00101-05-DMW, #4 Exhibit D - Bankruptcy Courts Order Denying Relief from Automatic Stay, #5 Exhibit E - Proposed Order Granting Motion to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction and, in the Alternative, to Transfer Venue)(Shumate, Thomas)
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Filing 42
MEMORANDUM in Support of #41 MOTION to Dismiss for Lack of Jurisdiction filed by DuraSeal, Inc. . (Shumate, Thomas)
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Filing 41
MOTION to Dismiss for Lack of Jurisdiction by DuraSeal, Inc.. (Shumate, Thomas)
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Filing 40
ORDER TO SHOW CAUSE: Having considered Plaintiff's filings, in addition to Plaintiff's Verified Complaint and previously-filed Declarations, as well as the Court's power to punish contempt pursuant to 18 U.S.C. 401 and the Court's inherent power, the Court finds Plaintiff's motion to be well taken and therefore GRANTS Plaintiff's Motion. Defendant is hereby ORDERED to show cause, through filings submitted to the Court, by July 5, 2022 why it should not be held in contempt and potentially fined for (allegedly) violating the TRO and the Preliminary Injunction. Upon review of Defendant's filings, the Court will decide whether to schedule a hearing on this matter or whether instead it will render a decision without a hearing. Signed by District Judge Eli J. Richardson on 6/21/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 39
AMENDED COMPLAINT against DuraSeal, Inc., filed by Ever-Seal, Inc.. (Attachments: #1 Exhibit A- Halferty Confidentiality Agreement, #2 Exhibit B - Goggins Confidentiality Agreement)(Zralek, Stephen)
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Filing 38
NOTICE of Filing by Ever-Seal, Inc. re #36 MOTION for Order to Show Cause , #37 Memorandum in Support (Attachments: #1 Exhibit Declaration of Mike Ryan, #2 Exhibit Third Declaration of Brad Perrigo, #3 Exhibit June 10, 2022 Screen Capture of DuraSeal Website Main Page, #4 Exhibit June 11, 2022 Screen Capture of DuraSeal Website FAQ Page, #5 Exhibit May 31, 2022 Email from Plaintiff's counsel to DuraSeal)(Zralek, Stephen)
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Filing 37
MEMORANDUM in Support of #36 MOTION for Order to Show Cause filed by Ever-Seal, Inc. . (Zralek, Stephen)
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Filing 36
MOTION for Order to Show Cause by Ever-Seal, Inc.. (Attachments: #1 Attachment Proposed Order Requiring Defendant to Show Cause Why It Should Not Be Found In Contempt Of Court)(Zralek, Stephen)
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Filing 35
ORDER granting #32 Motion for Extension of Time to Answer. Signed by Magistrate Judge Barbara D. Holmes on 6/13/2022. (bs)
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TN State Bar status verified as active for Thomas W. Shumate, IV admitted to this court. (bs)
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Filing 34
PRELIMINARY INJUNCTION. Signed by District Judge Eli J. Richardson on 6/10/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing 33
ORDER re #28 Amended Motion for Preliminary Injunction. The Court will not include the italicized portion of the sentence in its preliminary injunction order. Otherwise, however, the Court will include the remainder of Plaintiff's proposed additions. IT IS SO ORDERED. Signed by District Judge Eli J. Richardson on 6/10/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing 32
MOTION for Extension of Time to File Answer by DuraSeal, Inc.. (Attachments: #1 Attachment Proposed Order Granting Defendant's Unopposed Motion for Extension)(Shumate, Thomas)
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Filing 31
NOTICE of Appearance by Thomas W. Shumate, IV on behalf of DuraSeal, Inc. (Shumate, Thomas)
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Filing 29
ORDER: An initial case management conference is SCHEDULED for 3:00 p.m., Thursday, August 18, 2022, by telephone conference. Participants are directed to call 1-877-402-9753, access code 3808663#. Plaintiff's counsel shall serve a copy of this Order on Defendant and/or its counsel. Signed by Magistrate Judge Barbara D. Holmes on 6/9/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 28
Amended MOTION for Preliminary Injunction (proposed) by Ever-Seal, Inc.. (Zralek, Stephen)
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Filing 27
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 6/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 26
Proposed MOTION for Preliminary Injunction by Ever-Seal, Inc.. (Zralek, Stephen)
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Minute Entry for proceedings held before District Judge Eli J. Richardson: Motion Hearing held on 6/8/2022 re #26 Proposed MOTION for Preliminary Injunction filed by Ever-Seal, Inc., #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ever-Seal, Inc. Defendant was not present. Preliminary Injunction will be issued. Order to be submitted. (Court Reporter Debbie Watson.)(Hearing lasted :30)(Parise, Kelly)
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Filing 25
NOTICE of Filing by Ever-Seal, Inc. re #23 Order,, Terminate Motions,, Set Hearings, PLAINTIFFS DISCLOSURES FOR PRELIMINARY INJUNCTION HEARING (Zralek, Stephen)
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Filing 24
MEMORANDUM in Support of #19 Temporary Restraining Order filed by Ever-Seal, Inc. . (Attachments: #1 Exhibit A - Declaration of Steve Nelson, #2 Exhibit B. Declaration of Brad Perrigo)(Zralek, Stephen) Modified on 6/7/2022 (bs).
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Filing 23
ORDER: Pending before the Court is Plaintiff's "Motion to Reset Preliminary Injunction Hearing" (Doc. No. #21 , "Motion"). The Motion is GRANTED, and the preliminary injunction hearing is reset for June 8, 2022 at 9:00 a.m. Absent extraordinary circumstances, the hearing will conclude on that day. Signed by District Judge Eli J. Richardson on 6/1/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 30
RECEIPT #36614 in the amount of $10,000 posted by Ever-Seal, Inc. re #17 Bond. (bs)
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Filing 22
NOTICE by Ever-Seal, Inc. of Efforts to Serve Defendant (Zralek, Stephen)
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Filing 21
MOTION to Reset Preliminary Injunction Hearing by Ever-Seal, Inc.. (Zralek, Stephen)
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Filing 20
ORDER: A hearing on Plaintiff's Motion for Preliminary Injunction is set for June 9, 2022 at 10:00 a.m. Absent extraordinary circumstances, the hearing will conclude on that day. The parties shall file with the Court by 5:00 p.m. on June 7, 2022, the following pertaining to the preliminary injunction hearing: (1) any affidavits; (2) witness lists; (3) exhibit lists; (4) any depositions and/or deposition designations; (5) any stipulations; (6) any motions in limine; and (7) any supplemental briefs. Plaintiff shall take all reasonable steps to ensure that Defendant, which appears to remain unrepresented in this matter, receives a copy of this Order. Signed by District Judge Eli J. Richardson on 5/31/2022. (bs)
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Filing 19
TEMPORARY RESTRAINING ORDER: For the reasons discussed in the Court's May 26, 2022 Memorandum Opinion (Doc. No. #15 ), and with Plaintiff having posted a bond in the amount of ten thousand dollars ($10,000.00) in a form satisfactory to the Clerk of Court, the Court finds that a temporary restraining order is justified in this case. That Defendant and all agents, servants, employees, officers, attorneys, successors, licensees, partners, assigns, vendors acting in concert or participation with Defendant and each other immediately cease: 1. Competing on projects directly with Ever-Seal. DuraSeal must inquire whether each prospective customer has been in communication with Ever-Seal or has received a bid from Ever-Seal. If so, DuraSeal must cease all communication with that prospective customer and forego or withdraw any bid with that prospective customer. 2. Using marketing materials that are derived from the ones used by Ever-Seal or its current or former agents, including Halferty. 3. Using the same products and vendors as Ever-Seal, including but not limited to Seal-It. 4. Representing to prospective customers that DuraSeal is an authorized distributor or authorized applicator of Seal-It, or that it has a 25-year manufacturer backed warranty from SealIt. 5. Soliciting, hiring, contracting, or working with any employees or independent contractors from Ever-Seal who currently work with Ever-Seal or did so within the past two years. 6. Using the services of any employee or independent contractor of Ever-Seal who left or was terminated from Ever-Seal within the past two years. This case is set for hearing on Plaintiff's motion for preliminary injunction on June 9, 2022, at 10:00 a.m. Signed by District Judge Eli J. Richardson on 5/31/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 18
ORDER: The Court will adopt Plaintiff's recommendation as to what activities of Defendant's to enjoin with one exception: the Court will strike the words "substantially similar" from paragraph 2, due to Court's concerns regarding the ambiguity of the phrase "substantially similar" and the Court's belief that Plaintiff will adequately be protected even without this phrase included in the TRO. Other than this one exception, Plaintiff's recommendation will be adopted verbatim in a TRO that the Court will enter immediately. Signed by District Judge Eli J. Richardson on 5/31/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 17
SURETY BOND by SURETEC INSURANCE COMPANY in the amount of $ 10,000.00 posted by Ever-Seal, Inc. (Bond forwarded to Finance Dept.) (bs)
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Filing 16
SUPPLEMENT filed by Ever-Seal, Inc. re #15 Memorandum Opinion of the Court,,,,,, Terminate Motions,,,,,. (Attachments: #1 Exhibit A - Declaration of Brad Perrigo)(Zralek, Stephen)
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Filing 15
MEMORANDUM OPINION AND ORDER: Plaintiff's Motion for Temporary Restraining Order #8 will be granted on the basis that Plaintiff is likely to succeed on the merits of its tortious interference with a business relationship claim. Accordingly, the Court will enter a temporary restraining order as to the second category of Plaintiff's requested injunctive relief, which requested enjoining DuraSeal from "engaging in conduct that constitutes intentional interference with Ever-Seals business relations." However, prior to the Court issuing a temporary restraining order, Plaintiff must file, on or before June 2, 2022, a supplemental filing that proposes language that more specifically describes what conduct shall be enjoined (i.e., what particular actions and with what persons those particular actions are prohibited). The Court therefore will require Plaintiff to post security in the amount of ten thousand dollars ($10,000.00), in a form satisfactory to the Clerk of Court prior to the issuance of the TRO. A hearing to consider Plaintiff's Motion for Preliminary Injunction will be set after the TRO is entered. Signed by District Judge Eli J. Richardson on 5/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 14
ORDER granting #7 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Breanna Spackler to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 05/24/2022. (lh)
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Filing 13
SUMMONS returned executed by Ever-Seal, Inc.. DuraSeal, Inc. served on 5/20/2022. (Attachments: #1 Attachment FedEx Receipt of Delivery)(Zralek, Stephen)
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Filing 12
ORDER: The plaintiff has filed a case that is clearly related to an earlier case filed by the same plaintiff without designating the new case as a case related to an earlier-filed case, Case No. 3:22-cv-0082, assigned to Judge Richardson of this court. Judge Trauger and Judge Richardson have discussed this matter and agreed that this case is clearly related to his case and, as such, should be transferred to him. Therefore, pursuant to Administrative Order 176, it is hereby ORDERED that the Clerk shall transfer this case to Judge Richardson. (District Judge Richardson reassigned case). Signed by District Judge Aleta A. Trauger on 5/19/2022. (bs)
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Filing 11
Additional Attachments to Main Document re: #8 MOTION for Temporary Restraining Order . (Zralek, Stephen)
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Filing 10
NOTICE of Filing by Ever-Seal, Inc. re #8 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A - Halferty dep transcript excerpts, #2 Exhibit B- Halferty excerpts of testimony, #3 Exhibit C- Declaration of Tim Lucero, #4 Exhibit D- Declaration of Steve Nelson, #5 Exhibit E- Groggins' Confidentiality Agreement)(Zralek, Stephen)
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Filing 9
MEMORANDUM in Support of #8 MOTION for Temporary Restraining Order filed by Ever-Seal, Inc. . (Zralek, Stephen)
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Filing 8
MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Ever-Seal, Inc.. (Zralek, Stephen). Added MOTION for Preliminary Injunction on 6/7/2022 (bs). Modified text on 6/8/2022 (hb).
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Filing 7
MOTION for attorney Breanna Spackler to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3597446) by Ever-Seal, Inc.. (Zralek, Stephen)
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Filing 6
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ever-Seal, Inc. (bs)
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Filing 5
NOTICE of Initial Case Management Conference set for 7/25/2022 at 02:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (bs)
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Filing 4
Summons issued as to DuraSeal, Inc. (Service copies to be picked up by counsel at Clerk's Office intake window (open 9am-3pm) (bs)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (bs)
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Filing 2
NOTICE of Business Entity Disclosure Statement filing requirement. (bs)
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Filing 1
COMPLAINT against DuraSeal, Inc. (Filing fee $402, Receipt number ATNMDC-3596985), filed by Ever-Seal, Inc. (Attachments: #1 Exhibit A - Confidentiality Agreement, #2 Civil Cover Sheet, #3 Business Entity Disclosure)(bs)
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TN State Bar status verified as active for Stephen J. Zralek admitted to this court. (bs)
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NOTICE TO COUNSEL Breanna R. Spackler: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 6/8/2022. (bs)
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MO State Bar status verified as active for Breanna R. Spackler not admitted to this court - Local counsel secured. (bs)
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| Plaintiff: Ever-Seal, Inc. | |
| Represented By: | Breanna R. Spackler |
| Represented By: | Stephen J. Zralek |
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| Defendant: DuraSeal, Inc. | |
| Represented By: | Thomas W. Shumate, IV |
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