Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/12/2018. "); Ruckelshaus v. Monsanto Co., 463 U.S. 1315, 1317, 104 S.Ct. That, again, is not the situation here because Procraft Cabinetry has standing to bring this lawsuit. at 3 (citing Tenn. Code Ann. The Court's Rule 56(f) Memorandum Opinion did not challenge Procraft Cabinetry's standing to bring this lawsuit. Intent to Request Transcript Redaction due 2/26/2018. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/12/2018. Order to enter. Procraft Cabinetry cannot allege that Huang and Lin were to become owners of it in the Complaint, obtain a judicial admission, and now argue that they actually were to become members of a different corporation. No. The Court is not persuaded by either of these contentions. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. (Tape #17jan2018.) Nos. ). ProCraft Cabinetry Florida, LLC, Deerfield Beach, FL, pro se. No. Signed by Magistrate Judge Jeffery S. Frensley on 2/2/18. "It is instead an exercise of judicial discretion, and [t]he propriety of its issue is dependent upon the circumstances of the particular case. " Id. (Doc. 119 ) by end of day on January 29, 2018. 12, [18), are REFERRED to the Magistrate Judge to discuss the extent of the limited discovery necessary to prepare for a hearing on the motion. Mere injuries, however substantial, in terms of money, time and energy necessarily expended in the absence of a stay, are not enough." ProCraft Cabinetry For the counterclaims, the entity defendants invoke the Court's jurisdiction because it has supplemental jurisdiction under 28 U.S.C. (citing Virginian R. Co., 272 U.S. at 672-673, 47 S.Ct. Nov. 29, 2004) ("Granting defendants a stay based solely on the possibility that the [appeals court] might decide the appeal quickly would remove the heavy burden placed on the moving party in justifying a stay by eliminating the rigor of the four-factor analysis."). (Attachments: # 1 Exhibit A - October 6, 2017 Correspondence, # 2 Exhibit B - June 27, 2017 Correspondence)(Miller, Samuel) Modified on 11/7/2017 (ab). (Phillips, Joshua) (Entered: 01/19/2018), MEMORANDUM in Support of 103 MOTION for Judgment on the Pleadings filed by Qiang Huang, Min Hua Lin, ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc. . 120 ) is GRANTED. Harvard asserts no copyright in caselaw retrieved from this site. (ab) Modified on 1/23/2018 (ab). (Attachments: # 1 Exhibit Letter of Intent of Withdraw)(Hollabaugh, Lela) (Entered: 02/12/2018), STATUS REPORT by Qingfen Chen, Wenchen Chen, Kevin Guo, Shengquan Guo, Qiang Huang, Qiqi Jiang, Changuang Lin, Changzhu Lin, Longrong Lin, Min Hua Lin, Paul Chin Yang Lin, Shaochun Lin, Shu Lin, Jia Liu, ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc., Xiguang Tang, Yao Zhao, Tao Yu Zheng. ), In March 2018, Procraft Cabinetry filed its Motion to Amend the First Amended Complaint (Doc. *763So. The parties are ORDERED to maintain the status quo. Referred To: Jeffery S. Frensley Date Filed: Oct. 19, 2017 Date Terminated: Now, after the Rule 56(f) Order, everything has changed. Casey Leigh Miller, E. Todd Presnell, Joel D. Eckert, Joshua J. Phillips, Kristi W. Arth, Lela M. Hollabaugh, Bradley Arant Boult Cummings LLP, William Bryan Jakes, III, Howell & Fisher, PLLC, Joseph F. Welborn, III, Taylor B. Mayes, Butler Snow LLP, Nashville, TN, Christina Lesko, Mary S. DiRago, Trent P. Cornell, Troutman Sanders LLP, Chicago, IL, for Defendants. Referred To: No. Prac. The first argument is not persuasive. WebCall us today at (754) 212-2277! Id. Signed by Magistrate Judge Jeffery S. Frensley on 1/5/2018. 255.) No. v. Ams. Adkins v. Bluegrass Estates, 360 S.W.3d 404, 412-13 (Tenn. Ct. App. (Attachments: # 1 Exhibit Exhibit A)(Miller, Casey) (Entered: 01/16/2018), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Shu Lin served on 1/12/2018. 1367(c)(3). 5-piece construction. WebWith 40 years of experience in the industry, ProCraft is a major kitchen and bath cabinet manufacturer providing innovative designs, industry leading quality and unparalleled Here, that the "no outstanding debts" clause is in the same task as "ensuring all taxes are paid" clause "illuminates" the reading of the "no outstanding debts" clause. 297 at 10.) Even if the Court were to find the Shareholders' Agreement to be ambiguous, Procraft Cabinetry foreclosed its second premise that the three shareholders intended to create a company other than Procraft Cabinetry, Inc., by entering in to the Agreement. (Tape #Not Recorded.) No. No. Fed. Changzhu Lin, Orland Park, IL, pro se. Authortiy of Metopolitan Gov't v. Momenta Pharm. Shaochun Lin, Oakland Gardens, NY, pro se. ProCraft Cabinetry, Inc. v. Sweet Home Kitchen and Bath, Inc. et al Follow case documents by RSS Available Case Documents The following documents for this case are available for you to view or download: Access additional case information on PACER Use the links below to access additional information about this case on the US Court's PACER Andre J. Bahou, Nicholas R. Valenti, Samuel F. Miller, Miller Legal Partners PLLC, Maia T. Woodhouse, Adams and Reese LLP, Wayne Edward Ramage, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Plaintiff. 1331, for its declaratory judgment claims (Doc. "[A]dmissions in the pleadings are generally binding on the parties and the Court." The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. State Bd. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. In order to substantiate a claim that irreparable injury is likely to occur, a movant must provide some evidence that the harm has occurred in the past and is likely to occur again. WebBe aware that John Cox, owner of Procraft has closed this shop. Although Procraft Cabinetry acknowledges the Court's analysis, it has offered no new arguments to cast it in doubt. Shaochun Lin, Oakland Gardens, NY, pro se. 48-18-402. 1540, 1547, 194 L.Ed.2d 635 (2016) (citing Valley Forge Christian Coll. at 3.) The parties are directed to confer on a proposed briefing order, including a target preliminary injunction date, to be submitted on or before November 22, 2017. No. Yongchun Yang, Nashville, TN, pro se. In response to the counterclaims, Procraft Cabinetry filed counter-counterclaims, also invoking 1367(a) for the Court's jurisdiction.5 (Doc. ProCraft Custom Cabinets, LLC, Stockbridge, GA, pro se. Expedited discovery in connection with the pending motions completed on or before January 18, 2018. Third, the Court considers the harm that the plaintiff will suffer in the absence of a stay against the harm defendants and third parties may incur. Corp. Express Office Prods. )(af) (Entered: 02/16/2018), Transcript filed for date of Feb. 16, 2018 before Judge Waverly D. Crenshaw Jr.. Court Reporterr: Lise Matthews, 615-589-7601, lise_matthews@tnmd.uscourts.gov. Webrights as shareholders of Procraft Cabinetry to end the lawsuit. A - Joint Written Statement, # 2 Exhibit Ex. Fourth, the Agreement only allocates 1,000 shares when the documents on file with the Tennessee Secretary of State say that it is authorized to allocate 10,000 shares. Corp., 89 F.3d 1244, 1254-55 (6th Cir. 22, 1999) (citing CSX Transp. 235.) (hv), ORDER following 1/12/2018 telephone conference. No. A. Huang, Lin, and Chen entered into the agreement because they saw a "growing market opportunity to provide company services for both residential and commercial needs," and wanted to pursue that "opportunity by their engagement with The Company." Sign up for our free summaries and get the latest delivered directly to you. 297, 330, 336, 358), and the issue is ripe for decision. Shu Lin, Addison, IL, pro se. WebCount Five of the Third Party Complaint demands that Chen direct Procraft Cabinetry to withdraw this lawsuit. The same allegations were repeated in the Amended Complaint (Doc. Id. (Doc. ProCraft Cabinetry Florida, LLC, Deerfield Beach, FL, pro se. Dealer Locator - ProCraft Cabinetry PROCRAFT CABINETRY 270 at 3.) Yao Zhao, Owens Cross Roads, AL, pro se. Procraft Cabinetry Wenchen Chen, Mount Prospect, IL, pro se. (Arth, Kristi) (Entered: 12/14/2017), RESPONSE in Opposition re 60 MOTION for Extension of Time to Complete Discovery and Proposed Deadline Change filed by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit 1 - Email)(Miller, Samuel) (Entered: 12/15/2017), NOTICE by ProCraft Cabinetry, Inc. re 6 Notice of Case Management Conference AND STATUS OF SERVICE (Miller, Samuel) (Entered: 12/15/2017), NOTICE of Change of Address by Samuel F. Miller (Miller, Samuel) (Entered: 12/15/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Shengquan Guo served on 12/16/2017. Longrong Lin, Tinley Park, IL, pro se. WebProCraft Cabinetry, Inc. v. Sweet Home Kitchen and Bath, Inc. et al, No. at 981 (quoting Empress Health & Beauty Spa, Inc. v. Turner, 503 S.W.2d 188, 190-91 (Tenn. 1973) ). Def. Monthly donors can create unlimited docket alerts. United States District Court, M.D. (Doc. In response, Plaintiffs cite numerous opinions from this Circuit holding that "[m]ere injuries, however, Full title:PROCRAFT CABINETRY, INC., Plaintiff, v. SWEET HOME KITCHEN AND BATH, INC., Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION. No. (Entered: 01/19/2018), MOTION for Judgment on the Pleadings by Qiang Huang, Min Hua Lin, ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc.. (Miller, Casey) (Entered: 01/19/2018), MOTION for Preliminary Injunction by ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc.. (Attachments: # 1 Exhibit 1-Declaration of Peter Huang, # 2 Exhibit 2-Declaration of Charlotte Pancino, # 3 Exhibit 3-Declaration of Janusz Pyjor, # 4 Exhibit 4-Declaration of Paul Lin, # 5 Exhibit 5-Declaration of Rosimeiri Monteiro, # 6 Exhibit 6-Declaration of Nathan Liu, # 7 Exhibit 7-Declaration of Braxton Brannon, # 8 Exhibit 8-Declaration of Tao Zheng, # 9 Exhibit 9-Declaration of Wenchen Chen, # 10 Exhibit 10-Derivative Demand Letter, # 11 Exhibit 11-Article re Buford Warehouse Lease)(Phillips, Joshua) (Entered: 01/19/2018), MEMORANDUM in Support of 104 MOTION for Preliminary Injunction filed by ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc. . No. 297 at 27.) & Proc. After hundreds of filings and multiple hearings over a six OUR FRAMED CABINETS The ProCraft Series Signed by Magistrate Judge Jeffery S. Frensley on 11/9/2017. No. at 15-16.) You already receive all suggested Justia Opinion Summary Newsletters. Specifically, the Court held that Tennessee law allows every corporation to defend its interests, including to "sue and be sued," "unless its charter provides otherwise." Procraft Cabinetry argues that Huang and Lin will not be harmed because (1) there will only be a negligible and "short-lived" delay on appeal and (2) the stay will prevent Lin and Huang from breaching their fiduciary duties, if any, to Procraft Cabinetry. 87/427,749, # 3 Exhibit C - WHOIS Registry - ProCraft Kitchen Website, # 4 Exhibit D - ProCraft Kitchen Website Screenshots, # 5 Exhibit E - PC Chicago Website Screenshots, # 6 Exhibit F - PC Florida Website Screenshots, # 7 Exhibit G - WHOIS Registry - PC Florida Website, # 8 Exhibit H - PC Urbandale Website Screenshots, # 9 Exhibit I - PC Kentucky Website Screenshots, # 10 Exhibit J - ProCraft Website Screenshots, # 11 Exhibit K - Sweet Home Letter, # 12 Exhibit L - PC Dallas Letter, # 13 Exhibit M - PC Houston Letter, # 14 Exhibit N - PC Florida Letter, # 15 Exhibit O - PC Seattle Letter, # 16 Exhibit P - Corporation File Detail Report - Sweet Home, # 17 Exhibit Q - PC Dallas Certificate of Formation, # 18 Exhibit R - PC Houston Certificate of Formation, # 19 Exhibit S - Registration Details - PC Seattle, # 20 Exhibit T - Entity Details - PC Florida, # 21 Exhibit U - Corporate Certificate - CGD, # 22 Exhibit V - Corporation Details - CGD, # 23 Exhibit W - Corporate Certificate - PC Kentucky, # 24 Exhibit X - Corporation Details - PC Kentucky, # 25 Exhibit Y - Certificate of Assumed Name - PC Kentucky, # 26 Exhibit Z - Certificate of Authority - CGD, # 27 Exhibit AA - Certificate of Revocation - CGD, # 28 Exhibit AB - Filing History Screenshot - U.S. App. D - Decl. 3:17-cv-01392. (See Doc. We manufact Indeed, some of the objectives at the scheduled shareholders' meeting include ascertaining the financial status of Procraft Cabinetry, reviewing financial records, and discussing monthly and quarterly financial update protocols. Nken, 556 U.S. at 434, 129 S.Ct. Trust Ins. (Doc. (Attachments: # 1 Attachment Unreported Decisions)(Miller, Casey) Modified on 4/18/2018 (am). ProCraft Cabinetry, Inc. v. Sweet Home Kitchen and Bath, (Doc. From the clean lines and timeless styling of our ProCraft Series framed cabinets, Signed by Magistrate Judge Jeffery S. Frensley on 1/19/2018. )(dt) (Entered: 02/02/2018), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Kevin Guo served on 1/13/2018. Importantly, the Court's order also dissolved a previously entered temporary restraining order ("TRO") preventing Huang and Lin from exercising their rights as shareholders of Procraft Cabinetry to end the lawsuit. 1749. (ab) (Entered: 10/20/2017), MOTION for Leave to File Document Under Seal by ProCraft Cabinetry, Inc.. (Attachments: # 1 Attachment - Proposed Order)(Miller, Samuel) (Entered: 10/20/2017), Sealed Document SEALED COMPLAINT and SEALED EXHIBIT 29 filed by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit - SEALED Exhibit 29 - ProCraft Shareholder Agreement)(Miller, Samuel) (Entered: 10/20/2017), Summons issued as to All Defendants (Service copies mailed to attorney). )(ab) (Entered: 02/13/2018), MOTION for Contempt and Request for Expedited Determination by ProCraft Cabinetry, Inc.. (Miller, Samuel) (Entered: 02/13/2018), Third Party MOTION for Contempt by Sophia Chen. at 1.) (Entered: 11/06/2017), CERTIFICATE of Service filed by ProCraft Cabinetry, Inc. re 15 Declaration, filed by ProCraft Cabinetry, Inc., 14 Declaration, filed by ProCraft Cabinetry, Inc.. (Miller, Samuel) (Entered: 11/06/2017), MOTION for Preliminary Injunction for Violations of the Racketeer Influenced and Corrupt Organizations Act by ProCraft Cabinetry, Inc.. (Attachments: # 1 Attachment Proposed Order)(Miller, Samuel) (Entered: 11/06/2017), MEMORANDUM in Support of 18 MOTION for Preliminary Injunction for Violations of the Racketeer Influenced and Corrupt Organizations Act filed by ProCraft Cabinetry, Inc. . No. There is no ambiguity. Tenn.), Date of Last Known Filing: 48-13-102(1) ) ). WebProCraft Cabinetry, Hillside, Illinois. (Attachments: # 1 Exhibit 1 - December 11-12, 2017 Email Chain between Counsel, # 2 Exhibit 2 - Search Results for Certified Court Interpreter, # 3 Exhibit 3 - December 29, 2017 Email Chain between Counsel, # 4 Exhibit 4 - January 5, 2018 Email to Counsel)(Arth, Kristi) (Entered: 01/10/2018), ORDER granting 72 Motion For an Emergency Telephone Conference. 1749. Sleek, modern, and designed to give any room a distinctive appeal. Casey Leigh Miller, E. Todd Presnell, Joel D. Eckert, Joshua J. Phillips, Kristi W. Arth, Lela M. Hollabaugh, Bradley Arant Boult Cummings LLP, William Bryan Jakes, III, Howell & Fisher, PLLC, Joseph F. Welborn, III, Taylor B. Mayes, Butler Snow LLP, Nashville, TN, Christina Lesko, Mary S. DiRago, Trent P. Cornell, Troutman Sanders LLP, Chicago, IL, for Defendants.