ProCraft Cabinetry, Inc. v. Sweet Home Kitchen and Bath, Inc. et al

Filing 271

ORDER: For the reasons in the accompanying Memorandum Opinion, it is hereby ORDERED: (1) Based on the Court's preliminary findings, it appears the Complaint must be dismissed. Pursuant to Federal Rule of Civil Procedure 56(f) (3), Procraft Ca binetry is on notice that the Court intends to dismiss the case. On or before May 18, 2018, Procraft Cabinetry may file a brief regarding why the Complaint (Doc. No. 235) should not be dismissed. The brief should include a Statement of Undisputed Facts, in compliance with Local Rule 56.01. On or before June 8, 2018, Huang and Lin shall file a response and respond to Procraft Cabinetry's Statement of Undisputed Facts. They may also file a statement of additional undisputed facts, in compliance with Local Rule 56.01. On or before June 13, 2018, Procraft Cabinetry may file a reply, limited to five pages; (2) The June 5, 2018 hearing is CANCELED. All discovery in this matter is STAYED, except with respect to allowing either par ty to obtain affidavits or declarations or take discovery with respect to the Courts sua sponte summary judgment motion in (2), in compliance with Federal Rule of Civil Procedure 56(d) (2). IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/27/18. (af)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
PROCRAFT CABINETRY, INC.,
Plaintiff,
v.
SWEET HOME KITCHEN AND BATH,
INC., et al.,
Defendants.

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No. 3:17-cv-01392
CHIEF JUDGE CRENSHAW

ORDER
For the reasons in the accompanying Memorandum Opinion, it is hereby ORDERED:
(1) Based on the Court’s preliminary findings, it appears the Complaint must be dismissed.
Pursuant to Federal Rule of Civil Procedure 56(f)(3), Procraft Cabinetry is on notice
that the Court intends to dismiss the case. On or before May 18, 2018, Procraft
Cabinetry may file a brief regarding why the Complaint (Doc. No. 235) should not be
dismissed. The brief should include a Statement of Undisputed Facts, in compliance
with Local Rule 56.01. On or before June 8, 2018, Huang and Lin shall file a response
and respond to Procraft Cabinetry’s Statement of Undisputed Facts. They may also file
a statement of additional undisputed facts, in compliance with Local Rule 56.01. On or
before June 13, 2018, Procraft Cabinetry may file a reply, limited to five pages;
(2) The June 5, 2018 hearing is CANCELED. All discovery in this matter is STAYED,
except with respect to allowing either party to “obtain affidavits or declarations or take
discovery” with respect to the Court’s sua sponte summary judgment motion in (2), in
compliance with Federal Rule of Civil Procedure 56(d)(2).

IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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