BeoCare Group, Inc. et al v. Morrissey

Filing 81

ORDER granting 80 Motion to Amend/Correct Order granting Stay as to dfts Michael J. Morrissey, MB Health Performance, LLC, and MB Health, LLC; time extended for 10 days through and including 10/2/2014; granting 80 Motion to Stay proceedings as to EM Medical, LLC, Suzanne Serl, and William Smith; time extended to 10/24/2014. Signed by Magistrate Judge David S. Cayer on 9/23/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION FILE NO. 5:14-cv-00124-RLV-DSC
BEOCARE GROUP, INC. AND
BEOCARE, INC.,
Plaintiffs
v.
MICHAEL J. MORRISSEY (individually
and in his capacity as Manager and/or
Managing Member of EM International,
LLC, EM Medical, LLC, MB Health
Performance, LLC, and MB Health, LLC),
MEDICAL KNITTED STRUCTURES,
INC., GARRETT COOPER (individually
and in his capacity as Vice-President of
Medical Knitted Structures, Inc.), EM
INTERNATIONAL, LLC, EM
MEDICAL, LLC, SUZANNE SERL
(individually and in her capacity as
Manager of EM Medical, LLC), MB
HEALTH PERFORMANCE, LLC, MB
HEALTH, LLC, WILLIAM SMITH,
ALLIANCE LABS, LLC, AMY
POWERS VALENTINE (individually and
in her capacity as Manager and Member
of Alliance Labs, LLC) STEVEN
VALENTINE, PHARMACEUTICAL
SALES SOLUTIONS, LLC, ROBERT
THOMAS (individually and in his
capacity as Manager and Member of
Pharmaceutical Sales Solutions, LLC)

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ORDER EXTENDING STAY AS TO
DEFENDANTS MICHAEL J. MORRISSEY,
"MB HEALTH PERFORMANCE, LLC" AND
"MB HEALTH, LLC"; ORDER GRANTING
STAY AS TO CO-DEFENDANTS SUZANNE
SERL, EM MEDICAL, LLC AND WILLIAM
SMITH

Defendants.
THIS CAUSE comes before the Court upon the joint Motion of Plaintiffs and Defendants
Michael J. Morrissey, MB Health, LLC, MB Health Performance, LLC, Suzanne Serl, EM
Medical, LLC and William Smith (the "Parties") for an order (i) extending the stay in this action
that was entered on or about August 21, 2014, as to the proceedings and deadlines pertaining to

Plaintiffs and Defendants Michael J. Morrissey, MB Health Performance, LLC and MB Health,
LLC, and (ii) staying this action and all proceedings and deadlines arising herein insofar as such
action, proceedings and deadlines pertain to Defendants Suzanne Serl, EM Medical, LLC and
William Smith;
AND IT APPEARING that the Moving Parties have filed numerous pending Motions for
relief; that the continued prosecution and defense of this action by the Moving Parties with
respect to one another would require the Moving Parties to incur further considerable legal
expenses, and would require a substantial expenditure of this Court's time and attention; that the
Moving Parties have been involved in good faith efforts to settle this action among themselves
and that it would be in the best interests of the Moving Parties and this Court that the Motion be
granted;
IT IS, THEREFORE, ORDERED that:
(i) the stay of this action and all proceedings and deadlines arising herein, insofar as such
action, proceedings and deadlines pertain to (a) Plaintiffs' claims and applications for relief
pertaining to Defendants Michael J. Morrissey, MB Health, LLC and MB Health Performance,
LLC or (b) the claims and applications for relief of Defendants Michael J. Morrissey, MB
Health, LLC and MB Health Performance, LLC that pertain to Plaintiffs, BE AND HEREBY
ARE EXTENDED for ten (10) days, through and including Thursday, October 2, 2014;
(ii) this action and all proceedings and deadlines arising herein, insofar as such action,
proceedings and deadlines pertain to Defendants EM Medical, LLC and Suzanne Serl, BE AND
HEREBY ARE STAYED for thirty-two (32) and thirty (30) days respectively, through and
including Friday, October 24, 2014; and

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(iii) this action and all proceedings and deadlines arising herein, insofar as such action,
proceedings and deadlines pertain to Defendant William Smith, BE AND HEREBY ARE
STAYED for twenty-five (25) days, through and including Friday, October 24, 2014.
It is THEREFORE, ORDERED that the Joint Motion to Extend Stay as to Defendants
Michael J. Morrissey, MB Health, LLC and MB Health Performance, LLC, and that the Joint
Motion to Stay as to Co-Defendants Suzanne Serl, EM Medical, LLC and William Smith are
hereby GRANTED.
SO ORDERED.
Signed: September 23, 2014

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