cryolife8k92010.htm

0000914062-10-000425.txt : 20100920 0000914062-10-000425.hdr.sgml : 20100920 20100920165030 ACCESSION NUMBER: 0000914062-10-000425 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100920 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100920 DATE AS OF CHANGE: 20100920 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CRYOLIFE INC CENTRAL INDEX KEY: 0000784199 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 592417093 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13165 FILM NUMBER: 101080864 BUSINESS ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 BUSINESS PHONE: 7704193355 MAIL ADDRESS: STREET 1: 1655 ROBERTS BOULEVARD N W STREET 2: STE 142 CITY: KENNESAW STATE: GA ZIP: 30144 8-K 1 cryolife8k92010.htm 8-K cryolife8k92010.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

washington, d.c. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): September 20, 2010

_______________________

CRYOLIFE, INC.

(Exact name of registrant as specified in its charter)

_________________________

Florida	1-13165	59-2417093
(State or Other Jurisdiction of Incorporation)	(Commission File Number)	(IRS Employer Identification No.)

1655 Roberts Boulevard, N.W., Kennesaw, Georgia 30144

(Address of principal executive office) (zip code)

Registrant's telephone number, including area code: (770) 419-3355

_____________________________________________________________

(Former name or former address, if changed since last report)

_________________________

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Section 8 Other Events

Item 8.01 Other Events.

On September 20, 2010, the United States District Court, Northern District of Georgia, Atlanta Division, issued an order denying CryoLife's request for a preliminary injunction against Medafor, Inc. Although the order denies the preliminary injunction, it does not address the merits of the parties’ respective positions on the underlying issues, which the court views as more appropriately addressed after discovery and at summary judgment. As of the date of this filing, CryoLife has not received any communication from Medafor regarding this order. A copy of the order is attached as Exhibit 99.1 hereto.

Section 9 Financial Statements and Exhibits

Item 9.01(d) Exhibits.

(a) Financial Statements.

Not applicable.

(b) Pro Forma Financial Information.

Not applicable.

(d) Exhibits.

	Exhibit Number	Description

	99.1	Order issued on September 20, 2010

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, CryoLife, Inc. has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	CRYOLIFE, INC.


Date: September 20, 2010	By:	/s/ Steven G. Anderson
	Name:	Steven G. Anderson
	Title:	Chairman of the Board, President,
		and Chief Executive Officer

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EX-99.1 2 cryolife8k92010ex99.htm ORDER cryolife8k92010ex99.htm

EXHIBIT 99.1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

CRYOLIFE, INC.,

		Plaintiff,	CIVIL ACTION
	v.		NO. 1:09-CV-1150-CAP

MEDAFOR, INC.,

		Defendant.

O R D E R

This matter is before the court on the plaintiff s motion for preliminary injunction [Doc. No. 66]. The plaintiff, pursuant to Federal Rule of Civil Procedure 65(a), moves the court for a preliminary injunction which would prohibit the defendant from terminating the parties' EDA. The plaintiff seeks narrowly tailored injunctive relief and asks the court to enjoin the defendant from terminating the EDA based upon a February 10 letter which the defendant claims was an O.C.G.A. § 11-2-609 statutory UCC demand. In essence, this would be a partial injunction that would eliminate one of the defendant's potential defenses in this action. Ruling on the merits of a defense is more appropriate after discovery and at s ummary judgment. Thus, having carefully considered the record and the briefs of the parties, the court finds that an injunction is not the appropriate vehicle for these issues to be addressed. As such, the court exercises its discretion and DENIES the motion for preliminary injunction [Doc. No. 66].

SO ORDERED, this 20th day of September, 2010.

	/s/ Charles A. Pannell, Jr.
	CHARLES A. PANNELL, JR.
	United States District Judge