Opinion

Endure Industries Inc v. Vizient Inc

Court
District Court, N.D. Texas
Filed
Jan 8, 2023
Cited by
0 cases
Authority
More cited than 29.9%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ENDURE INDUSTRIES INC. §

§

Plaintiff, §

§

v. § Civil Action No. 3:20-CV-3190-X

§

VIZIENT INC., et al., §

§

Defendants. §

MEMORANDUM OPINION AND ORDER

Before the Court is Vizient’s1 motion to dismiss Endure Industries, Inc.’s

(“Endure”) complaint for failure to state a claim. [Doc. No. 105]. Having carefully

reviewed the parties’ arguments and the applicable law, the Court finds that the

points of dispute contained therein are more appropriate for resolution at the

summary-judgment stage of this case. Accordingly, the Court DENIES the motion.2

As it awaits the parties’ summary-judgment arguments, the Court eagerly

anticipates reviewing a fuller evidentiary record that will presumably illuminate

several questions. Did Endure bring its antimonopoly action against the correct

party, given that Vizient is a Group Purchasing Organization (“GPO”) that does not

sell medical supplies and Endure is a seller of medical supplies? Is Endure currently

1 “Vizient” consists of Vizient, Inc.; Vizient Supply, LLC; Vizient Source, LLC; and Provista,

Inc.

2 In denying this motion, the Court neither adopts nor endorses any of Endure’s allegations,

including its version of the relevant market in this case. As it must, the Court merely takes Endure’s

allegations as true at the motion-to-dismiss stage. See Bustos v. Martini Club, Inc., 599 F.3d 458, 461

(5th Cir. 2010).

selling medical supplies through a different GPO, and, if so, how did losing its bid

with Vizient exclude Endure from the market or prevent it from competing? Why

was Endure submitting bids seeking to partner with Vizient if it believed Vizient was

using unlawful monopolistic and anticompetitive practices?

As this case progresses, the Court also hopes to learn more about the scope of

the injunctive relief Endure seeks, the extent and basis for Endure’s jury demand,

and the authority backing Endure’s claim for attorney’s fees.

The Court ORDERS the parties to meet and confer within fourteen days of

this Order, after which counsel shall submit a Joint Proposal. The format for this

Joint Proposal can be found at the United States District Court for the Northern

District of Texas website under Judges > District Judges > Judge Brantley Starr >

Standard Forms.3 The Joint Proposal must contain the following items.

1. A proposed time limit to file motions for leave to join other parties and

to amend the pleadings;

2. Proposed time limits to file various types of motions;

3. A proposed plan and schedule for discovery, including a time limit to

complete discovery;

4. A proposal for limitations, if any, to be placed upon discovery;

5. A proposed time limit to designate expert witnesses;

6. A proposed trial date, estimated number of days required for trial, and

whether a jury has been demanded;

7. A proposed date for commencing settlement negotiations;

8. Whether the parties will consent to trial (jury or non-jury) before a

United States Magistrate Judge;4

3 http://www.txnd.uscourts.gov/judge/judge-brantley-starr.

4 Before responding to this question, counsels are directed to carefully review the provisions of

28 U.S.C. § 636(c) and, specifically, section 636(c)(3).

9. Whether the parties are considering mediation or arbitration to resolve

this litigation, and if not then why not;

10. Any other proposals regarding scheduling and discovery and that the

parties believe will facilitate expeditious and orderly preparation for

trial, including the parties’ positions on a consolidated discovery

schedule; and

11. Any other matters relevant to the status and disposition of this case.

IT ISSO ORDERED this &th day of January, 2023.

BRANTLEY ARR

UNITED S#ATES DISTRICT JUDGE

5 The Court encourages the early use of mediation or arbitration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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