Eternal Beverages, Inc. v. English Mountain Spring Water Company, Inc.
| Tennessee Eastern District Court | |
| Judge: | Clifton L Corker |
| Referred: | Jill E Mccook |
| Case #: | 3:24-cv-00116 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Mar 13, 2024 |
| Last checked: Monday Sep 09, 2024 5:13 AM EDT |
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Counter Claimant
English Mountain Spring Water Company, Inc.
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Represented By
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Counter Defendant
Eternal Beverages, Inc.
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Represented By
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Defendant
English Mountain Spring Water Company, Inc.
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Represented By
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Plaintiff
Eternal Beverages, Inc.
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Represented By
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Tuesday, September 03, 2024 | ||
| 33 | 33
misc
Transcript
Tue 09/03 10:06 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 7, 2024, before Judge Corker. Court Reporter/Transcriber Karen Bradley, Telephone number (423)639-3918. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at[LINK:http://www.tned.uscourts.gov/electronic-case-filing] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/24/2024 . Redacted Transcript Deadline set for 10/4/2024 . Release of Transcript Restriction set for 12/2/2024 . (KJB) |
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| Tuesday, August 27, 2024 | ||
| 32 | 32
7
pgs
order
Scheduling Order
Tue 08/27 10:17 AM
SCHEDULING ORDER: Bench Trial set for 12/16/2025 09:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. The estimated length of trial is three (3) days. Final Pretrial Conference set for 12/2/2025 01:30 PM in Courtroom 420 - Greeneville before District Judge Clifton L Corker.Signed by District Judge Clifton L Corker on 8/27/24. (ABF) Modified on 8/27/2024 to add days of trial(KDO). |
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| Wednesday, August 14, 2024 | ||
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1
pgs
order
Order ~Util - Set Hearings
Wed 08/14 2:46 PM
ORDER: The parties have filed their Rule 26(f) Planning Meeting Report [Doc. 24]. A telephonic scheduling conference is hereby set for Tuesday, August 27, 2024, at 10:00 a.m. EST. The parties shall call the Courts conference line at 866-390-1828 and enter access code 4845352 at the appointed time.Signed by District Judge Clifton L Corker on 8/14/24. (ABF) |
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| 30 | 30
6
pgs
order
Order on Motion for Preliminary Injunction
Wed 08/14 2:43 PM
MEMORANDUM, OPINION AND ORDER: Eternals Motion for Preliminary Injunction [Doc. 17] is GRANTED. Signed by District Judge Clifton L Corker on 8/14/24. (ABF) |
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| Wednesday, August 07, 2024 | ||
| 29 | 29
trial
Exhibit List (Court Proceedings ONLY)
Wed 08/07 3:18 PM
Exhibit and Witness List Custody of Exhibits: All exhibits that pertain to Motion hearing returned to the offering party at the conclusion of the proceeding. Advisory Notice - At the conclusion of the trial or proceedings, pursuant to LR43.3, the offering party shall retain custody of exhibits and be responsible to the Court for preserving them until any appeal is concluded or the time for appeal has expired . Related document:28 Motion Hearing.(KDO) |
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| 28 | 28
minutes
Motion Hearing
Wed 08/07 3:16 PM
Minute Entry for proceedings held before District Judge Clifton L Corker: Motion Hearing held on 8/7/2024 re17 MOTION for Preliminary Injunction filed by Eternal Beverages, Inc. Advisory Notice: At the conclusion of the trial or proceedings, pursuant to LR43.3, the offering party shall retain custody of exhibits and be responsible to the Court for preserving them until any appeal is concluded or the time for appeal has expired . Order to enter. (Court Reporter Karen Bradley) (KDO) |
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| 27 | 27
notice
Notice (Other)
Wed 08/07 10:45 AM
NOTICE by Eternal Beverages, Inc. re26 Stipulation, of Corrected Exhibit 12 to Document 26 Joint Stipulation of Documents(Stovall, James) (Attachment 1 replaced on 8/7/2024 to fix pdf error causing document to not open) (JCK). (JCK). |
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Att: 1
Exhibit Corrected Version of Exhibit 12
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| Tuesday, August 06, 2024 | ||
| 26 | 26
2
pgs
misc
Stipulation
Tue 08/06 8:07 PM
STIPULATION Joint Stipulation of Documents: exhibits for evidentiary hearing on Plaintiff's motion for preliminary injunction by Eternal Beverages, Inc..(Stovall, James) |
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Att: 1
9 pgs
Exhibit 1,
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Att: 2
30 pgs
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
11 pgs
Exhibit 12
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| Thursday, August 01, 2024 | ||
| 25 | 25
1
pgs
order
Order Setting Hearing on Motion
Thu 08/01 8:30 AM
ORDER Setting Hearing on Motion 17 MOTION for Preliminary Injunction : Motion Hearing set for 8/7/2024 11:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker.Signed by District Judge Clifton L Corker on 8/1/24. (ABF) |
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| Wednesday, June 12, 2024 | ||
| 24 | 24
5
pgs
misc
Report of Rule 26(f) Planning Meeting
Wed 06/12 5:33 PM
REPORT of Rule 26(f) Planning Meeting. (Stovall, James) |
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| Thursday, May 23, 2024 | ||
| 23 | 23
11
pgs
respm
Reply to Response to Motion
Thu 05/23 8:36 PM
REPLY to Response to Motion re17 MOTION for Preliminary Injunction filed by Eternal Beverages, Inc.. (Stovall, James) |
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| Thursday, May 16, 2024 | ||
| 22 | 22
24
pgs
respm
Response to Motion
Thu 05/16 3:18 PM
RESPONSE to Motion re17 MOTION for Preliminary Injunction filed by English Mountain Spring Water Company, Inc..(Harris, Lindy) |
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Att: 1
Exhibit 1-Interim Water Supply Agreement,
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Att: 2
Exhibit 2-Test Results,
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Att: 3
Exhibit 3-English Mountain correspondence February 7, 2024,
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Att: 4
Exhibit 4-English Mountain correspondence February 16, 2024,
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Att: 5
Exhibit 5-December 18, 2023 email correspondence between counsel,
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Att: 6
Exhibit 6-February 2, 2024 correspondence redlined Long-Term Water Supply Agreement
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| Wednesday, May 15, 2024 | ||
| 21 | 21
5
pgs
answer
Answer to Counterclaim
Wed 05/15 7:36 PM
ANSWER to12 Answer to Complaint,, Counterclaim, by Eternal Beverages, Inc..(Stovall, James) |
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| Friday, May 03, 2024 | ||
| 20 | 20
20
pgs
respoth
Memorandum in Support of Motion
Fri 05/03 1:55 PM
MEMORANDUM in Support of Motion re17 MOTION for Preliminary Injunction filed by Eternal Beverages, Inc.. (Stovall, James) |
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| 19 | 19
respm
Affidavit in Support of Motion
Fri 05/03 1:54 PM
AFFIDAVIT in Support re17 MOTION for Preliminary Injunction Declaration of Mark Hostetter filed by Eternal Beverages, Inc..(Stovall, James) |
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Att: 1
Exhibit A - Resume,
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Att: 2
Exhibit B - Assured Bio Labs Reports,
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Att: 3
Exhibit C - Microbac Lab Reports
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| 18 | 18
respm
Affidavit in Support of Motion
Fri 05/03 1:52 PM
AFFIDAVIT in Support re17 MOTION for Preliminary Injunction Declaration of Trygve Morkemo filed by Eternal Beverages, Inc..(Stovall, James) |
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Att: 1
Exhibit A - Agreement
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| 17 | 17
motion
Preliminary Injunction
Fri 05/03 1:50 PM
MOTION for Preliminary Injunction by Eternal Beverages, Inc.. (Stovall, James) |
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| Tuesday, April 30, 2024 | ||
| 16 | 16
2
pgs
notice
Notice of Consent/Nonconsent
Tue 04/30 11:04 AM
NOTICE OF NONCONSENT by English Mountain Spring Water Company, Inc. (Harris, Lindy) |
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| Monday, April 29, 2024 | ||
| 15 | 15
1
pgs
misc
Certificate of Corporate Interest
Mon 04/29 11:05 AM
Certificate of Corporate Interest by English Mountain Spring Water Company, Inc.. (Harris, Lindy) |
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| 14 | 14
4
pgs
order
Order ~Util - Set Deadlines
Mon 04/29 8:41 AM
ORDER: Generally, scheduling orders will be entered by the Court after a telephonic scheduling conference unless otherwise requested by the parties. It is therefore ORDERED : 1. As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. Signed by District Judge Clifton L Corker on 04/29/2024. (CAT) |
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| Friday, April 26, 2024 | ||
| 13 | 13
1
pgs
order
Order Regarding Availability of Magistrate Judge
Fri 04/26 1:15 PM
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on 4/26/2024. (MKM) |
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| 12 | 12
20
pgs
answer
Answer to Complaint Counterclaim
Fri 04/26 12:22 PM
ANSWER to1 Complaint, , COUNTERCLAIM against Eternal Beverages, Inc. by English Mountain Spring Water Company, Inc..(Harris, Lindy) |
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Att: 1
39 pgs
Exhibit 1-EMSW correspondence 2-7-24,
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Att: 2
4 pgs
Exhibit 2-EMSW correspondence 2-16-24,
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Att: 3
9 pgs
Exhibit 3-Interim Water Supply Agreement,
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Att: 4
Exhibit 4-Long-Term Water Supply Agreement
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notice
Notice of Failure to File CCI
Fri 04/26 1:33 PM
NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by English Mountain Spring Water Company, Inc. (MKM) |
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| Friday, March 22, 2024 | ||
| 11 | 11
service
Summons Returned Executed (non-USA)
Fri 03/22 2:32 PM
SUMMONS Returned Executed by Eternal Beverages, Inc.. English Mountain Spring Water Company, Inc. served on 3/20/2024. (Stovall, James) |
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| Thursday, March 21, 2024 | ||
| 10 | 10
misc
Stipulation
Thu 03/21 11:09 AM
STIPULATION re1 Complaint, of Extension of Time to Respond to Complaint by English Mountain Spring Water Company, Inc.. (Logue, Gregory) |
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| 9 | 9
notice
Notice of Appearance
Thu 03/21 11:06 AM
NOTICE of Appearance by Lindy Degnan Harris on behalf of English Mountain Spring Water Company, Inc. (Harris, Lindy) |
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notice
Notice of Appearance
Thu 03/21 11:04 AM
NOTICE of Appearance by Gregory C Logue on behalf of English Mountain Spring Water Company, Inc. (Logue, Gregory) |
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| Thursday, March 14, 2024 | ||
| 7 | 7
misc
Certificate of Corporate Interest
Thu 03/14 3:02 PM
Certificate of Corporate Interest by Eternal Beverages, Inc. (KSH) (KSH) |
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| 6 | 6
misc
Certificate of Citizenship
Thu 03/14 2:31 PM
Certificate of Citizenship by Eternal Beverages, Inc.. (Stovall, James) |
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| 5 | 5
5
pgs
order
Order Governing Sealing Confidential Information
Thu 03/14 12:30 PM
Order Governing Sealing Confidential Information.Signed by District Judge Clifton L Corker on 3/14/24. (KSH) |
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| 4 | 4
1
pgs
order
Order Governing Motions To Dismiss
Thu 03/14 12:29 PM
Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 3/14/24. (KSH) |
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| 3 | 3
1
pgs
order
Order Governing Depositions
Thu 03/14 12:28 PM
Order Governing Depositions. Signed by District Judge Clifton L Corker on 3/14/24. (KSH) |
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| 2 | 2
service
Summons Issued
Thu 03/14 12:27 PM
Summons Issued as to English Mountain Spring Water Company, Inc. (KSH) |
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notice
Notice of Failure to File Certificate of Citizenship
Thu 03/14 12:31 PM
NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1 by Eternal Beverages, Inc.. (KSH) |
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| Wednesday, March 13, 2024 | ||
| 1 | 1
10
pgs
cmp
Complaint
Wed 03/13 2:23 PM
COMPLAINT against English Mountain Spring Water Company, Inc. ( Filing fee $ 405 receipt number ATNEDC-5622226.), filed by Eternal Beverages, Inc..(Stovall, James) |
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Att: 1
9 pgs
Exhibit A,
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Att: 2
Summons TO BE ISSUED,
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Att: 3
Other Civil Cover Sheet,
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Att: 4
1 pgs
Other Corporate Disclosure Statement
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utility
Add and Terminate Judges
Thu 03/14 12:20 PM
District Judge Clifton L Corker and Magistrate Judge Jill E McCook added. (KSH) |
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