Smith & Nephew v. Stryker Sales, LLC et al
| SMITH + NEPHEW, INC. and Smith & Nephew, Inc. |
| STRYKER SALES, LLC, CHAD COELLNER, C. COELLNER, INC., C. Coellner, Inc and Stryker Employment Company, LLC |
| Clerk W. Aaron Hall |
| 2:2021cv02772 |
| December 10, 2021 |
| U.S. District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Sheryl H Lipman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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Filing 35
ORDER SETTING BRIEFING SCHEDULE. Signed by Judge Sheryl H. Lipman on 1/28/22. (shl)
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| Filing 34 SETTING LETTER: (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): A Preliminary Injunction Hearing has been set for Friday, March 4, 2022 at 10:00 A.M. in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. All parties shall be prepared to present their witnesses and evidence at the hearing.This will be an in-court hearing. There will be limited seating for the public. The parties are instructed to notify the case manager if this will be an evidentiary hearing and if any other persons will attend other than the parties in this case. All persons entering a court facility must follow all rules adopted for the federal building. Participants may not enter the building, or they may be removed from the building, if they fail to comply with federal building rules and screening protocols. Everyone in the Courtroom will be required to wear a face covering over their mouth and nose. (smm) |
| Filing 33 SETTING LETTER: A Scheduling Conference has been set for Friday, February 11, 2022 at 2:00 P.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions. (smm) |
| Filing 32 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Clarence A. Wilson, James B. Fox, Jr. appeared for the plaintiff(s). Ryan Strain, Kevin J. Mahoney and Michael D. Wexler appeared for defendant(s). The court discussed the dates and deadlines with the parties. The court discussed the status of the case with the parties. The Preliminary Injunction Hearing currently set for Thursday, 2/10/2022 at 9:30 AM has been reset for Friday, March 4, 2022 at 10:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. The Scheduling Conference is reset for Friday, February 11, 2022 at 2:00 PM via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. (Court Reporter Candace Covey.) (smm) |
| Filing 31 Corporate Disclosure Statement by Stryker Employment Company, LLC. (Mahoney, Kevin) |
| Filing 30 Corporate Disclosure Statement by C. Coellner, Inc. (Mahoney, Kevin) |
| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by C. Coellner, Inc, Chad Coellner, Stryker Employment Company, LLC. (Mahoney, Kevin) |
| Filing 28 ANSWER to Complaint with Jury Demand by C. Coellner, Inc, Chad Coellner.(Mahoney, Kevin) |
| Filing 27 ANSWER to Complaint with Jury Demand by Stryker Employment Company, LLC.(Mahoney, Kevin) |
| Filing 26 REPORT of Rule 26(f) Planning Meeting . (Wilbon, Clarence) |
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Filing 25
ORDER TO SHOW CAUSE. Signed by Judge Sheryl H. Lipman on 1/12/22. (shl)
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| Filing 24 NOTICE of Appearance by Michael Dale Wexler on behalf of C. Coellner, Inc, Chad Coellner, Stryker Employment Company, LLC (Wexler, Michael) |
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Filing 23
ORDER denying in part and granting in part Defendant's Motion to Dissolve Temporary Restraining Order and Issuing Temporary Injunctive Relief #8 . Signed by Judge Sheryl H. Lipman on 12/30/21. (shl)
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| Filing 22 RESPONSE in Support re #8 MOTION to Dissolve Temporary Restraining Order /Defendant Chad Coellner's Motion to Dissolve Temporary Restraining Order filed by Chad Coellner. (Attachments: #1 Exhibit A)(Mahoney, Kevin) |
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Filing 21
ORDER granting #18 Defendant's Motion and Supporting Memorandum for Leave to File Reply. Signed by Judge Sheryl H. Lipman on 12/17/21. (shl)
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| Filing 20 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Motion Hearing held on 12/17/2021 in re: #8 Defendant's MOTION to Dissolve Temporary Restraining Order. Clarence Wilbon and Ben Fox appeared for the plaintiff. Kevin Mahoney and Ryan Strain appeared for the defendant. The court heard arguments as to #8 Defendant's Motion to Dissolve TRO as imposed by Shelby County Chancery Court. Basis for irreparable harm (nature and extent) as well as merits of TRO reviewed. Chancery Court TRO will remain in place until this court enters an order. Court will review parties submissions and enter an order by year end. The Court set a Preliminary Injunction Hearing for Thursday, 2/10/2022 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Motions, if any, will be due by 1/28/2022; response by 2/4/2022; and reply, if any, will be due by 2/8/2022. (Court Reporter: Lashawn Marshall, Alpha Reporting) (jrs) |
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Filing 19
ORDER granting #16 Parties' Unopposed Motion for Substitution of Party Defendant. Stryker Sales, LLC terminated. Signed by Judge Sheryl H. Lipman on 12/17/21. (shl)
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| Filing 18 MOTION for Leave to File Reply in Support of His Motion to Dissolve Temporary Restraining Order by Chad Coellner. (Attachments: #1 Exhibit 1 - Proposed Reply)(Mahoney, Kevin) |
| Filing 17 RESPONSE in Opposition re #8 MOTION to Dissolve Temporary Restraining Order /Defendant Chad Coellner's Motion to Dissolve Temporary Restraining Order filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit Exhibit A - IU North Police Report, #2 Exhibit Exhibit B - Photographs, #3 Exhibit Exhibit C - Text Messages, #4 Exhibit Exhibit D - Declaration of Josh Wendahl)(Wilbon, Clarence) |
| Filing 16 MOTION to Substitute Party proposed order submitted by Smith & Nephew, Inc.. (Wilbon, Clarence) |
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Filing 15
TEXT ONLY ORDER GRANTING #14 MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Sheryl H. Lipman on 12/16/2021. (shl)
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| Filing 14 Corrected MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by C. Coellner, Inc, Chad Coellner, Stryker Sales, LLC. (Mahoney, Kevin) |
| Filing 13 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #12 Corrected MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) filed by C. Coellner, Inc, Stryker Sales, LLC, Chad Coellner has been filed. However, the following deficiency has been found: Filer failed to include the required TWO certificates of good standing, both issued within the last 30 days. This motion will be termed, pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) |
| Filing 12 Corrected MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by C. Coellner, Inc, Chad Coellner, Stryker Sales, LLC. (Mahoney, Kevin) |
| Filing 11 NOTICE of Hearing on Motion: A Hearing on Defendant's Motion to Dissolve Temporary Restraining Order #8 has been set for Friday, December 17, 2021 at 2:00 P.M. in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. All counsel who wish to participate/be heard on the above motion(s) must appear in person on the specified date and time. This will be an in-court hearing. There will be limited seating for the public. The parties are instructed to notify the case manager if this will be an evidentiary hearing and if any other persons will attend other than the parties in this case. All persons entering a court facility must follow all rules adopted for the federal building. Participants may not enter the building, or they may be removed from the building, if they fail to comply with federal building rules and screening protocols. Everyone in the Courtroom will be required to wear a face covering over their mouth and nose. (smm) |
| Filing 10 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3768293) filed by C. Coellner, Inc, Stryker Sales, LLC, Chad Coellner has been filed. However, the following deficiency has been found: Certificates of Good Standing must be current (within 30 days) of filing phv motion. This motion will be termed pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3768293) by C. Coellner, Inc, Chad Coellner, Stryker Sales, LLC. (Mahoney, Kevin) |
| Filing 8 MOTION to Dissolve Temporary Restraining Order /Defendant Chad Coellner's Motion to Dissolve Temporary Restraining Order by All Defendants. (Attachments: #1 Memorandum of Law in Support of Motion to Dissolve TRO, #2 Exhibit A - Declaration of Chad Coellner, #3 Exhibit B - Declaration of Eric Soderstrom, #4 Exhibit C - Declaration of Marty Rosenberg)(Strain, Ryan) |
| Filing 7 NOTICE of Appearance by George T. Lewis, III on behalf of C. Coellner, Inc, Chad Coellner, Stryker Sales, LLC (Lewis, George) |
| Filing 6 SETTING LETTER: A Scheduling Conference has been set for Thursday, January 20, 2022 at 1:30 P.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions. (smm) |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg) |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg) |
| Filing 2 Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (btg) |
| Filing 1 NOTICE OF REMOVAL by C. COELLNER, INC., CHAD COELLNER, STRYKER SALES, LLC from Chancery Court for Shelby County, TN, case number CH-21-1657-3 (Filing fee $ 402 receipt number ATNWDC-3766823), filed by C. COELLNER, INC., CHAD COELLNER, STRYKER SALES, LLC. (Attachments: #1 Exhibit 1 - State Court Pleadings, #2 Exhibit 2 - Verified Application for Temporary Restraining Order, #3 Exhibit 3 - Notice of Filing Notice of Removal, #4 Civil Cover Sheet)(Strain, Ryan) |
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