Ault Chiropractic, LLP vs iCRco, Inc

Case No.: 19CV06083    

Nature of Proceedings: Vacate Entry of Sister State Judgment

TENTATIVE RULING:

For the reasons set forth herein, the motion of defendant iCRco, Inc., to vacate entry of sister state judgment is denied.

Background:

Dr. Robert Ault (Ault) is a licensed chiropractor since 2007 the owner/ operator of plaintiff Ault Chiropractic, LLC (Ault LLC or plaintiff). (Ault decl., ¶ 2.) Ault LLC operates at two locations, one in Portage County, Ohio, and one in Summit County, Ohio. (Ault decl., ¶ 4.) In the performance of its business, Ault LLC uses medical imaging machines such as the iDR Direct Radiography Devices (iDR) manufactured by defendant iCRco, Inc. (iCRco). (Ault decl., ¶ 5.)

In 2013, iCRco was contacted by a company in Ohio called Lupica Medical Systems (Lupica). (Neushul decl., ¶ 5.) Lupica was in the business of selling x-ray machines and wanted to purchase two imaging systems from iCRco for sale to a customer, ........