No. (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. (Doc. " Hanks v. First Am. No. From the clean lines and timeless styling of our ProCraft Series framed cabinets, Tenn. May 24, 2002). 297 (citing Keller, 495 S.W.3d at 881-82 ) ). On April 17, 2018, Huang and Lin filed the Third Party Complaint, which contained verified allegations that Chen improperly *758unilaterally directed Procraft Cabinetry to file this action. (Attachments: # 1 Attachment Unreported Decisions)(Miller, Casey) Modified on 4/18/2018 (am). ProCraft Cabinetry, Inc. - CourtListener.com On October 19, 2017, Procraft Cabinetry, at Chen's direction, filed the original Complaint, alleging essentially that Huang and Lin created the other entity Defendants, conspired with them to infringe on Procraft Cabinetry's trademarks, and are using the scheme to compete with Procraft Cabinetry and ultimately cut Chen out. Procraft Cabinetry makes four arguments that the contract is ambiguous. At ProCraft Cabinetry we strive to give you the highest quality and excellence. After that date it may be obtained through PACER. As to the first point, any further delay prejudices Lin and Huang. 368 at 3-4.) No. (ab) (Entered: 02/12/2018), TN State Bar status verified as active for Brian T. Boyd. We are a kitchen and bath cabinet manufacturer creating timeless styles for every taste. 142 ). (Id. Qiao Hunt, West Chester, OH, pro se. Bringing a lawsuit is instead a decision that involves more than $5,000.00, over which a majority vote will rule. United States District Court, M.D. WebPROCRAFT SPECIFICATION GUIDE | 2021 Professionally Crafted Cabinets. There is no indication in the Agreement that Chen would have any duty to ensure third parties' taxes were paid, such as Huang's, Lin's, or Procraft Florida, LLC's. (Miller, Samuel) (Entered: 11/06/2017), DECLARATION of Hui "Sophia" Chen filed by ProCraft Cabinetry, Inc. re: 18 MOTION for Preliminary Injunction for Violations of the Racketeer Influenced and Corrupt Organizations Act. Adkins, 360 S.W.3d at 412 (quoting Fisher, 343 S.W.3d at 780 ). 1749, 173 L.Ed.2d 550 (2009) ). (Entered: 01/09/2018), RESPONSE to Motion re 72 MOTION to Set Joint Telephonic Conference filed by Qingfen Chen, Wenchen Chen, Shengquan Guo, Qiang Huang, Qiqi Jiang, Changuang Lin, Changzhu Lin, Longrong Lin, Min Hua Lin, Paul Chin Yang Lin, Shaochun 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. 222, 71 L.Ed. Yao Zhao, Owens Cross Roads, AL, pro se. Adkins, 360 S.W.3d at 412-13. (Woodhouse, Maia) (Entered: 11/27/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Tao Yu Zheng served on 11/8/2017. Launched in 2010, the RECAP extension is a free tool for your browser that helps us collect the content you see on CourtListener. (Entered: 11/22/2017), NOTICE of Appearance by Kristi W. Arth on behalf of 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. (Arth, Kristi) (Entered: 11/22/2017), PROPOSED CASE MANAGEMENT ORDER Joint Proposed Preliminary Injunction Scheduling and Briefing Order 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.. (Arth, Kristi) (Entered: 11/22/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Qiqi Jiang served on 11/21/2017. Dec. 14, 2018, Cause: )(ab) (Entered: 01/17/2018), NOTICE by Qiang Huang, Min Hua Lin of Intent to Serve Subpoenas (Attachments: # 1 Attachment - Subpoena to Heritage Bank USA, Inc., # 2 Attachment - Subpoena to Toyota Industries Commercial Finance, Inc.)(Arth, Kristi) (Entered: 01/19/2018), ORDER: For the reasons stated herein, the Plaintiff's request that the depositions for those parties represented by counsel related to the preliminary injunction hearing be conducted in the Middle District of Tennessee is GRANTED, and Defendants' Rule 26(c) Motion (Docket No. The Court may strike from a pleading "an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Accordingly, the Court grants summary judgment on Count Five of Huang and Lin's Third Party Complaint against Chen. Shearon v. Womack, No. All parties begin the analysis portion of their briefs discussing standing. ProCraft Cabinetry Paul Chin Yang Lin, Algonquin, IL, pro se. The parties are ORDERED to maintain the status quo. 2011-89 (WOB-CJS), 2013-32 (WOB-CJS), 2016 WL 7888037, at *1 (E.D. (hv), ORDER following 1/12/2018 telephone conference. No. (Doc. Referred To: Jeffery S. Frensley Date Filed: Oct. 19, 2017 Date Terminated: )(ab) (Entered: 11/07/2017), SUMMONS returned executed by ProCraft Cabinetry, Inc.. Yongchun Yang served on 11/4/2017. Sign up for our free summaries and get the latest delivered directly to you. Plaintiff's Notice of Intent to Serve Subpoena (Attachments: # 1 Attachment - Subpoena to Testify - Jeff Hawkins)(Miller, Samuel) (Entered: 01/29/2018), Plaintiff's Additional RESPONSE in Opposition re 120 Motion to Expedite Review and Ruling on Defendants' Motion for Review of the Magistrate Judge's January 19, 2018 Order filed by ProCraft Cabinetry, Inc. (Attachments: # 1 Exhibit 1 - Memorandum Decision, # 2 Exhibit 2 - Interrogatory Responses)(Miller, Samuel) Modified Text on 1/30/2018 (am). (Entered: 03/01/2018), NOTICE of Appearance by Joseph F. Welborn, III on behalf of Qiang Huang, Min Hua Lin (Welborn, Joseph) (Entered: 03/02/2018), NOTICE of Appearance by Taylor B. Mayes on behalf of Qiang Huang, Min Hua Lin (Mayes, Taylor) (Entered: 03/02/2018), MOTION for attorney(s) Trent P. Cornell to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2623562) by Qiang Huang, Min Hua Lin. In fact, whether a pleading is verified has no bearing on summary judgment. Dodds v. United States Dep't of Educ., 845 F.3d 217, 220 (6th Cir. )(ab) (Entered: 02/06/2018), MOTION to Withdraw Document 104 MOTION for Preliminary Injunction, 105 Memorandum in Support, by ProCraft Cabinetry Dallas, LLC, ProCraft Cabinetry Florida, LLC, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, Sweet Home Kitchen and Bath, Inc.. (Phillips, Joshua) (Entered: 02/06/2018), Emergency MOTION to Stay 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. ). 1991) ); see also PGP, LLC, v. TPII, LLC, 734 F. App'x 330, 333 (6th Cir. Therefore, the Court must look to a corporation's Charter-here, Procraft Cabinetry's Shareholders' Agreement-to determine how and when the corporation may file suit. Chen, as President, performed three tasks that were not shared with the Vice Presidents: (1) "represent[ing] and warrant[ing] that all debts and liabilities have been paid in full prior to the execution of this agreement"; (2) making "daily decisions that involve $5,000.00 or less in all Procraft locations"; and (3) "ensur[ing] all taxes are paid and that there are no outstanding debts." )(ab) (Entered: 01/10/2018), Set Deadlines/Hearings: Telephone Conference set for 1/12/2018 10:30 AM before Magistrate Judge Jeffery S. Frensley. A stay is not a matter of right, "even if irreparable injury might otherwise result." (Miller, Samuel) (Entered: 11/08/2017), ORDER: A Case Management Conference will be held on November 28, 2017, at 10:00 a.m. before the undersigned. Power Comm'n, 259 F.2d 921, 925 (D.C. Cir. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. 1749 (citing Virginian R. Co. v. United States, 272 U.S. 658, 672, 47 S.Ct. *754Andre 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. of Radioactive Mat. It is impossible to predict how long the Court of Appeals may take to resolve this matter. Paul Chin Yang Lin, Algonquin, IL, pro se. 160] on February 16, 2018, at 4:30 p.m. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. 1996) ("Issues that are not squarely presented to the trial court are considered waived and may not be raised on appeal."). 1030 E University Dr. Phoenix, AZ 85034-6512. The Court granted the motion to withdraw and other pending motions. Co., No. Because none of the Shareholders actually read the Shareholders' Agreement, Chen argues that the Agreement is not an accurate representation of the parties' intent. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. Spokeo, Inc. v. Robins, --- U.S. ----, 136 S.Ct. Tennessee, Nashville Division. This case was filed in U.S. District Courts, Georgia ProCraft Cabinetry Florida, LLC, Deerfield Beach, FL, pro se. Although the Court will analyze those arguments below, given the Court's conclusion that the Agreement is unambiguous, it is unnecessary to discuss the remaining forty pages of nonmaterial facts in Procraft Cabinetry's filings. ProCraft Cabinetry In response, Huang and Lin filed a Third Party Complaint against Sophia Chen, the third shareholder and president of Procraft Cabinetry, alleging that she usurped her corporate authority by unilaterally directing Procraft Cabinetry to bring this action. 299-3 at 10.) (Entered: 11/06/2017), DECLARATION of Tibor Kovacs filed by ProCraft Cabinetry, Inc. re: 18 MOTION for Preliminary Injunction for Violations of the Racketeer Influenced and Corrupt Organizations Act. Sweet Home Kitchen and Bath, Inc., Hillside, IL, pro se. Accordingly, the Court finds that the Shareholder's' Agreement is valid and binding.4, B. No. (Tape #Not Recorded.) 255.). In the Court's Rule 56(f) Memorandum Opinion, the Court found that Chen did not have the authority to direct the corporation to file this lawsuit (Doc. No. No. (Valenti, Nicholas) (Entered: 02/02/2018), MOTION to Quash Subpoena on Heritage Bank by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit Email with draft Joint Written Statement)(Valenti, Nicholas) (Entered: 02/02/2018), MEMORANDUM in Support of 138 MOTION to Quash Subpoena on Heritage Bank filed by ProCraft Cabinetry, Inc. . WebView ProCraft Cabinetry org chart to access information on key employees and get valuable insights about ProCraft Cabinetry organizational structure. No. The Court has reviewed each party's Briefs Regarding Party Deposition Location (Doc. Procraft Cabinetry Annual Revenue and Growth Rate 1-Year Growth Rate: 3-Year Growth Rate (CAGR): Note: Procraft Cabinetry's revenues are gauged from an analysis of company filings. 2018), "[t]he first two factors of the traditional standard are the most critical." (Entered: 01/31/2018), **WITHDRAWN PER DE: 258 **MEMORANDUM in Support of 132 MOTION for Protective Order 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. and Incorporated Response in Opposition to Plaintiff's Motion to Compel. solid wood with MDF center panel. The fact that Procraft Cabinetry did not issue the number of shares for which it was authorized does not make the Shareholders' Agreement ambiguous. 253.) No. At the time, Chen was the only shareholder of Procraft Cabinetry. (Id. ) No. The Court may grant summary judgment on grounds not raised by a party after "giving notice and a reasonable time to respond." (Doc. (Court Reporter Lise Matthews.) 372-2.) (Id. (Doc. A - Joint Written Statement, # 2 Exhibit Ex. 315.) 16-14183, 2017 WL 5892227, at *2 (E.D. 370). No. (Hollabaugh, Lela) (Entered: 02/12/2018), NOTICE of Appearance by Brian T. Boyd on behalf of Sophia Chen (Boyd, Brian) (Entered: 02/12/2018), RESPONSE in Opposition re 160 MOTION to Withdraw as Attorney and for Extension of Stay and Request for Sanctions filed by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit 1 - 2018-02-03 Letter from Bradley Arant to Bahou Miller and Baker Donelson re Operating Agreements)(Miller, Samuel) (Entered: 02/12/2018), MOTION Referral to United States Department of Justice For Investigation and Charges of Perjury and Other Crimes by ProCraft Cabinetry, Inc.. (Miller, Samuel) (Entered: 02/12/2018), ORDER A hearing is set on Defendants' Counsel's Motion to Withdraw (Doc. Nken, 556 U.S. at 428-29, 129 S.Ct. (Court Reporter Lise Matthews. This case involves neither limited liability companies, nor the ability to bring direct actions generally, and is on summary judgment rather than a motion to dismiss. Docket alerts are an advanced feature of CourtListener. 3:17-cv-01392. 362 at 8-11.) (Doc. On balance, the Court finds that Procraft Cabinetry has failed to meet its "heavy burden of demonstrating that a stay is warranted. 270), and Procraft Cabinetry concedes that the remaining facts are only material if the Court finds the Shareholders' Agreement ambiguous (which it does not). "When all federal claims are dismissed before trial, the balance of considerations usually will point to dismissing the state law claims." Id. While it is true that latent ambiguity and mutual mistake would allow the Court to review extraneous information to determine the intent of the parties, the Court has discussed the Shareholders' Agreement at length in its Memorandum Opinion and concluded that it was not ambiguous. 372.) In evaluating the harm that will occur depending upon whether the stay is granted, courts look to three factors: (1) the substantiality of the injury alleged; (2) the likelihood of its occurrence; and (3) the adequacy of the proof provided. (Id. 297 at 7.). Instead, Chen, as President of Procraft Cabinetry, was to ensure that Procraft Cabinetry's taxes were paid. *764The Court may decline to exercise supplemental jurisdiction over the state law claims if it dismisses "all claims over which it has original jurisdiction." Learn more. 292-1 at 2. In fact, that sentence defines the "Company Services" as "cabinetry sales." No. PROCRAFT CABINETRY, INC., Plaintiff, v. SWEET HOME KITCHEN AND BATH, INC., et al., Defendants. Shortly after, on October 1, 2018, Procraft Cabinetry filed a notice, appealing the Courts Signed by Magistrate Judge Jeffery S. Frensley on 1/5/2018. This factor therefore also weighs against a stay. at 15-16.) ProCraft Cabinetry, Houston, LLC, Houston, TX, pro se. at 3 (citing Tenn. Code Ann. 1348. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. Whether Chen Had the Authority to Direct the Corporation to File the Lawsuit. For the reasons above, that injunction was improvidently granted. (Entered: 01/19/2018), MOTION for Leave to File Excess Pages for Responsive Pleading by Qingfen Chen, Wenchen Chen, Kevin Guo, Shengquan Guo, Qiqi Jiang, Changuang Lin, Changzhu Lin, Longrong Lin, Paul Chin Yang Lin, Shaochun Lin, Shu Lin, Jia Liu, Xiguang Tang, Yao Zhao, Tao Yu Zheng. Nken, 556 U.S. at 434, 129 S.Ct. 2505 ). 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. (Doc. 5, 93 L.Ed.2d 1 (1986) (Powell, J., in chambers) ("It is no doubt true that, absent [a stay], the applicant here will suffer irreparable injury. 2001). (Valenti, Nicholas) (Entered: 02/02/2018), Emergency MOTION to Strike 99 Answer to Amended Complaint,,,,,, Third Party Complaint,,,,,, Counterclaim,,,,, 103 MOTION for Judgment on the Pleadings, 101 MOTION to Dismiss the Amended Complaint, 104 MOTION for Preliminary Injunction, MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Response/Reply by ProCraft Cabinetry, Inc.. (Attachments: # 1 Exhibit 1 - Email February 1, 2018)(Miller, Samuel) (Entered: 02/05/2018), NOTICE of Filing by Qiang Huang, Qiqi Jiang, Min Hua Lin (Attachments: # 1 Exhibit Ex. (Doc. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am). See, e.g., Consumer Fin. Griepentrog, 945 F.2d at 154 (citations omitted). 341-1 at 2.) But a stay achieves this result by temporarily suspending the source of authority to act the order or judgment in question not by directing an actor's conduct." A - Huang Declaration, # 2 Exhibit Ex. A preliminary injunction hearing date is requested no earlier that January 22, 2018. Id. Tenn. Code Ann. Med. Intent to Request Transcript Redaction due 2/26/2018. NASHVILLE DIVISION PROCRAFT CABINETRY, INC., No. Jia Liu, Frisco, TX, pro se. 119 ) by end of day on January 29, 2018. In interpreting an ambiguous provision in a contract, Tennessee applies "established rules of construction to aid in determining the contracting parties' intent." Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/12/2018. M2017-00560-COA-R3-CV, 2018 WL 2230674, at *5 (Tenn. Ct. App. No. ProCraft Cabinetry Dallas, LLC, Dallas, TX, pro se. ProCraft has grown into a major kitchen and bath cabinet manufacturer. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/15/2018. The same allegations were repeated in the Amended Complaint (Doc. 3:2017cv01392 - Document 270 (M.D. 294-2.) No. Matsushita Elec. (Doc. The first two premises of both of Procraft Cabinetry's and Chen's arguments are flawed. This factor weighs against a stay. Expedited discovery in connection with the pending motions completed on or before January 18, 2018. ProCraft Cabinetry WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE, *755Procraft Cabinetry, Inc. ("Procraft Cabinetry") brought this action against multiple entities and individuals including two of its shareholders, Qiang Huang and Min Hua Lin, alleging trademark infringement, violations of the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. (Attachments: # 1Exhibit A - Photographs of PC Dallas Showroom, # 2Exhibit B - Marketing Materials)(Miller, Samuel) Modified on 11/7/2017 (ab). (Doc. Corp. Express Office Prods. As previously explained, Procraft Cabinetry had argued that Huang and Lin violated the valid Shareholders' Agreement and attempted to enforce the contract. 368, 370) will be denied. (Doc. Sign up for our free summaries and get the latest delivered directly to you. No. Signed by Magistrate Judge Jeffery S. Frensley on 1/19/2018. ProCraft Cabinetry Florida, LLC, Deerfield Beach, FL, pro se. Further, Procraft Cabinetry argues that, even if the Shareholders' Agreement was valid and binding, Chen was authorized to unilaterally file the lawsuit in the execution of her fiduciary duties as President of Procraft Cabinetry. 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." (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER. (Attachments: # 1 Exhibit A - October 6, 2017 Correspondence, # 2 Exhibit B - June 27, 2017 Correspondence)(Miller, Samuel) Modified on 11/7/2017 (ab). For example, if Chen joined with another shareholder to direct the corporation to sue the other, the corporation would have had proper authority to file that lawsuit. Third-party claims are authorized by Federal Rule of Civil Procedure 14, which allows a defendant to "serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it." 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 (Attachments: # 1 Exhibit Exhibit A-Transcript Excerpts, # 2 Exhibit Exhibit B-Proposed Order)(Arth, Kristi) (Entered: 01/26/2018), ORDER: Defendants' Motion to Expedite Review and Ruling on Defendants' Motion for Review (Doc. Kitchen Cabinet ratings for 2020. Reviews 704, 163 L.Ed.2d 547 (2005). )(ab) (Entered: 01/19/2018), **WITHDRAWN PER DE: 258 ** ANSWER to 75 Amended Complaint,,,,,,,,,,,,,, THIRD PARTY COMPLAINT Verified against ProCraft Custom Cabinets, LLC, Hui Chen, COUNTERCLAIM against ProCraft Cabinetry, Inc. by ProCraft Cabinetry Florida, LLC, Min Hua Lin, Qiang Huang, ProCraft Cabinetry Seattle, LLC, ProCraft Cabinetry, Houston, LLC, ProCraft Cabinetry Dallas, LLC, Sweet Home Kitchen and Bath, Inc.. (Attachments: # 1 Exhibit 1-Shareholders Agreement, # 2 Exhibit 2-Territory Map, # 3 Exhibit 3-PC Chicago Arts.

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