Sizewise rentals inc
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1įor the next two years, defendant distributed plaintiff's equipment to the consumers, entered into rental contracts with them, and billed them. Pursuant to the Agreement, from Novemuntil October 31, 1999, defendant agreed to lease, and plaintiff agreed to supply, a set of eight bariatric products for rental in certain territories. In November 1997, plaintiff and defendant entered into a "Consignment for Rent/Rental Agreement" ("Agreement"). Although bariatric products generate less than 3% of defendant's total revenues, defendant considers such products an integral part of its product line because it endeavors to be a "one-stop shop" for its customers. Plaintiff does not conduct any business activity other than the manufacture and/or distribution of bariatric products.ĭefendant is currently engaged in the business of distributing and leasing all types of hospital and medical equipment, including bariatric equipment. Plaintiff was one of the first companies to market obese patient aids as a "full room environment," which means marketing a set of bariatric products as a complete package to care for all the needs of obese patients. Plaintiff's product line includes bariatric hospital beds, air mattresses, wheelchairs, commodes, walkers, lifts, and transfer systems. The term "bariatric equipment" in the context of this case means any product that is specifically designed for a patient weighing over 350 pounds. Plaintiff has been in business since approximately 1994 it is engaged in the business of distributing and leasing bariatric equipment to hospitals and other acute health care facilities. This court has diversity jurisdiction, as the action is between citizens of different states and the amount in controversy exceeds $75,000.
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is a Delaware corporation with its primary place of business in the State of New Jersey. Defendant Mediq/PRN Life Support Services, Inc. is a Kansas corporation with its primary place of business in Ellis, Kansas. The court makes the following findings of fact and conclusions of law pursuant to Fed. Plaintiff seeks to enjoin defendant from leasing any hospital beds, mattresses, support services, commodes, walkers, wheelchairs, lifts, or transfer systems that are designed to be used by patients whose weight exceeds 350 pounds to any hospital or facility that rented SizeWise equipment during the period of the contract that is at issue in this action.įollowing a hearing before the court and after carefully considering the arguments of counsel, as well as the testimony of witnesses, the exhibits, and the briefings submitted by the parties, the court concludes that plaintiff is entitled to a preliminary injunction as outlined below. The case is before the court on plaintiff's motion for preliminary injunction (Doc. brings this diversity action against defendant Mediq/PRN Life Support Services, Inc., alleging breach of implied covenant of good faith and fair dealing, breach of contract, fraudulent non-disclosure, negligent non-disclosure, and breach of fiduciary duty, and requesting damages, declaratory judgment, and an accounting.