CAP Carpet, Inc. v. Future Foam, Inc. et al
Plaintiff: CAP Carpet, Inc.
Defendant: FFP Holdings, LLC, Future Foam Inc, Hickory Springs Manufacturing Company, Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products LLC, Flexible Foam Products, Inc., FXI-Foamex Innovations, Inc., Valle Foam Industries (1995) Inc, Vitafoam Products Canada Limited, Vitafoam Inc, Mohawk Industries Inc., Leggett & Platt Inc. and Woodbridge Foam Corporation
Case Number: 3:2013pf10004
Filed: April 29, 2013
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Cuyahoga
Presiding Judge: Jack Zouhary (MDL2196)
Nature of Suit: Anti-Trust
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 10, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2015 Certified Suggestion of Remand, Conditional Remand Order, Stipulated Record of Remand, member case docket sheet and the master docket provided electronically to District of Kansas (Wichita Division). Related documents #39 , #41 , #38 . (K,K)
June 9, 2015 Filing 41 Stipulated Record on Remand filed by CAP Carpet, Inc.. (Boulware, Brandon)
June 8, 2015 Filing 40 Joint Proposed Stipulation of Dismissal with Prejudice (as to CAP Carpet's claims against FFP Holdings LLC only) filed by CAP Carpet, Inc.. (Beil, William)
May 15, 2015 Filing 39 Conditional Remand Order by the Judicial Panel on Multidistrict Litigation remanding case to the District of Kansas. Related documents #37 , #38 . (K,K)
May 5, 2015 Filing 38 Suggestion of Remand The transferee Judge now suggests to the MDL Panel that CAP Carpet, Inc. be remanded to the U.S. District Court of Kansas. (Related document 1658 on 1:10md2196.) Signed by Judge Jack Zouhary (MDL2196) on 5/5/2015. (K,K)
November 7, 2014 Filing 37 Stipulation of Dismissal with Prejudice filed by CAP Carpet, Inc., Carpenter Company, Carpenter Holdings, Inc., and E.R. Carpenter, L.P.(K,K)
September 5, 2014 Opinion or Order Filing 36 Order of Dismissal of Defendant Mohawk Industries, Inc. with prejudice pursuant to FRCP 41(a)(2). Judge Jack Zouhary on 9/5/2014. (S,R)
February 25, 2014 Filing 35 Memorandum Opinion and Order RE: Arbitration. For the reasons discussed, Mohawks Motion to Compel Arbitration and Stay Claims of Direct Action (Non-Class) Plaintiff CAP Carpet, Inc. as they relate to Mohawk (Doc. #24 ) is granted. Defendant Mohawk Industries Inc's Motion to strike, or in the alternative, Motion for leave to File Supplemental Brief (Doc. #33 ) is denied. Judge Jack Zouhary on 2/25/2014.(S,R) Modified on 2/25/2014 (S,R).
February 10, 2014 Filing 34 Opposition to Mohawk Industries, Inc.'s #33 Motion to strike, or in the Alternative, Motion for leave to file supplemental brief filed by CAP Carpet, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boulware, Brandon) Modified on 2/11/2014 (S,R).
January 27, 2014 Filing 33 Motion to strike, or in the Alternative, Motion for Leave to File Supplemental Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims filed by Defendant Mohawk Industries Inc. (Attachments: #1 Exhibit A, Supplemental Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims, #2 Exhibit 1 to Supplemental Brief, Excerpt of January 15, 2013 Hearing Transcript, #3 Exhibit 2 to Supplemental Brief, Declaration of Anthony Patti)(Dowell, Matthew). Modified on 2/25/2014 (S,R).
January 23, 2014 Filing 32 Marginal Entry Order granting Mohawk Industries, Inc.'s Motion for leave to supplement the record on Motion to Compel Arbitration (Related Doc #24 , #31 ). Judge Jack Zouhary on 1/23/2014.(S,R)
January 14, 2014 Filing 31 Motion for leave to Supplement the Record on Mohawk Industries, Inc.'s Motion to Compel Arbitration filed by Plaintiff CAP Carpet, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of Brandon J.B. Boulware)(Beil, William)
January 10, 2014 Filing 30 Questions on Arbitration Matters to be discussed at Hearing on Class Certification. Judge Jack Zouhary (MDL2196) on 1/10/2014. (D,L)
January 9, 2014 Filing 29 Questions for the Hearing on Class Certification. Judge Jack Zouhary (MDL2196) on 1/9/2014. (D,L)
December 9, 2013 Filing 28 Reply to response to #24 Motion to stay claims and compel arbitration filed by Mohawk Industries Inc.. (Attachments: #1 Exhibit September 10, 2013 email from Matthew Reynolds to Bill Beil, #2 Exhibit July 25, 2012 email exchange between R. Eisler and T. Bonder)(Dowell, Matthew)
December 2, 2013 Filing 27 Marginal Order granting #25 Joint Stipulation to extend time until 11/29/2013 to respond to Mohawk Industries, Inc.'s #24 Motion to Compel. Jack Zouhary on 12/2/13. (S,R)
November 29, 2013 Filing 26 Opposition to #24 Motion to stay claims and compel arbitration and Suggestions in Support filed by CAP Carpet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Boulware, Brandon)
November 21, 2013 Filing 25 Joint Proposed Stipulation to Extend Time to Respond to Mohawk Industries, Inc.'s Motion to Compel Arbitration and Stay Claims filed by CAP Carpet, Inc.. Related document(s) #24 .(Boulware, Brandon)
November 8, 2013 Filing 24 Motion to compel arbitration and stay claims filed by Defendant Mohawk Industries Inc. (Attachments: #1 Brief in Support of Motion to Compel Arbitration and Stay Claims, #2 Exhibit Declaration of M. Scott Harkins)(Dowell, Matthew) Modified on 11/12/2013 (S,R).
October 24, 2013 Filing 23 Stipulation & Order re #21 Joint Stipulation to File Amended Answer. Judge Jack Zouhary on 10/24/2013. (D,L)
October 23, 2013 Filing 22 Amended Answer to #1 Complaint with Jury Demand filed by Mohawk Industries Inc.. (Bonder, Teresa)
October 23, 2013 Filing 21 Joint Proposed Stipulation to File Amended Answer Pursuant to Fed. R. Civ. P. 15 filed by Mohawk Industries Inc.. (Bonder, Teresa)
October 18, 2013 Filing 20 Notice of Service of Plaintiff's Responses and Objections to Defendants' First Request for Production of Documents and Things to All Plaintiffs filed by CAP Carpet, Inc.. (Beil, William)
September 24, 2013 Filing 19 Notice of Service of Rule 26 Initial Disclosures, Electronically Stored Information Disclosures, and Transactional Data Protocol Disclosures filed by CAP Carpet, Inc.. (Boulware, Brandon)
June 10, 2013 Filing 18 Answer to #1 Complaint with Jury Demand filed by Woodbridge Foam Corporation. (Kop, Allison)
June 10, 2013 Filing 17 Answer to #1 Complaint with Jury Demand filed by FXI-Foamex Innovations, Inc.. (Ryan, Peter)
June 10, 2013 Filing 16 Answer to #1 Complaint with Jury Demand filed by Leggett & Platt Inc.. (Novion, Laurie)
June 10, 2013 Filing 15 Answer to #1 Complaint with Jury Demand filed by Mohawk Industries Inc.. (Bonder, Teresa)
June 10, 2013 Filing 14 Answer to #1 Complaint with Jury Demand filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
June 10, 2013 Filing 13 Answer to #1 Complaint with Jury Demand And Affirmative Defenses to Direct Action Non-Class filed by Flexible Foam Products Inc. (Millard, Kendall) Modified on 6/11/2013 (S,R).
June 10, 2013 Filing 12 Answer to #1 Complaint with Jury Demand filed by Future Foam Inc. (Blinn, Meghan)
June 7, 2013 Filing 11 Answer to #1 Complaint with Jury Demand filed by E.R. Carpenter, L.P.. (Lukitsch, Bethany)
June 7, 2013 Filing 10 Answer to #1 Complaint with Jury Demand filed by Carpenter Holdings, Inc.. (Lukitsch, Bethany)
June 7, 2013 Filing 9 Answer to #1 Complaint with Jury Demand filed by Carpenter Company. (Lukitsch, Bethany)
June 3, 2013 Filing 8 Return of Service by registered mail executed upon Carpenter Company on 5/10/2013; Carpenter Holdings, Inc. on 5/10/2013; E.R. Carpenter, L.P. on 5/10/2013; FXI-Foamex Innovations, Inc. on 5/13/2013; Flexible Foam Products Inc on 5/8/2013; Future Foam Inc on 5/8/2013; Hickory Springs Manufacturing Company on 5/10/2013; Leggett & Platt Inc. on 5/13/2013; Mohawk Industries Inc. on 5/9/2013; Valle Foam Industries (1995) Inc on 5/9/2013; Woodbridge Foam Corporation on 5/9/2013, filed on behalf of CAP Carpet, Inc. Related document(s) #1 ,. (Attachments: #1 Summons Carpenter Company, #2 Summons Carpenter Holdings, Inc., #3 Summons E.R. Carpenter, L.P., #4 Summons Flexible Foam Products, #5 Summons Foamex Innovations, Inc., #6 Summons Future Foam, Inc., #7 Summons Hickory Springs Manufacturing Company, #8 Summons Leggett & Platte Inc, #9 Summons Mohawk Industries, Inc., #10 Summons Valle Foam Industries, #11 Summons Woodbridge Foam Corporation)(Beil, William)
May 17, 2013 Filing 7 Answer to #1 Complaint filed by Vitafoam Inc, Vitafoam Products Canada Limited. (Coleman, Timothy)
April 29, 2013 Filing 6 CASE TRANSFERRED IN from District of Kansas. Case number 6:13-cv-01140. Original file, certified copy of transfer order and docket sheet received.
April 26, 2013 Filing 5 CONDTIONAL TRANSFER ORDER. Signed by deputy clerk on 4/26/2013. (aa) [Transferred from ksd on 4/29/2013.]
April 12, 2013 Filing 4 CORPORATE DISCLOSURE STATEMENT by CAP Carpet, Inc. . (Beil, William) [Transferred from ksd on 4/29/2013.]
April 12, 2013 SUMMONS ISSUED as to Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Valle Foam Industries (1995) Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (smg) [Transferred from ksd on 4/29/2013.]
April 12, 2013 FILING FEE PAID: in the amount of $ 350, receipt number W4631005495. (smg) [Transferred from ksd on 4/29/2013.]
April 11, 2013 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff CAP Carpet, Inc. - trial to be held in Wichita. (smg) [Transferred from ksd on 4/29/2013.]
April 11, 2013 Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff CAP Carpet, Inc. (smg) [Transferred from ksd on 4/29/2013.]
April 11, 2013 Filing 1 COMPLAINT (Summons Issued) with trial location of Wichita, filed by CAP Carpet, Inc..(smg) [Transferred from ksd on 4/29/2013.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: CAP Carpet, Inc. v. Future Foam, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: FFP Holdings, LLC
Represented By: Bradley R. Love
Represented By: Caitlin S. Schroeder
Represented By: Christopher J. Bayh
Represented By: Deborah Pollack-Milgate
Represented By: Kathleen M. Anderson
Represented By: Kendall Millard
Represented By: Larry A. Mackey
Represented By: Michael D. Mustard
Represented By: Rachel K. Steinhofer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Future Foam Inc
Represented By: Edward G. Warin
Represented By: John P. Passarelli
Represented By: Matthew S. Noren
Represented By: Meghan M. Blinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hickory Springs Manufacturing Company
Represented By: Anitra G. Royster
Represented By: Frank A. Hirsch, Jr.
Represented By: Heather B. Adams
Represented By: Matthew P. McGuire
Represented By: Matthew D. Montaigne
Represented By: Michael R. Hoernlein
Represented By: Richard A. McAvoy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Carpenter Company
Represented By: Bethany G. Lukitsch
Represented By: Howard Feller
Represented By: James H. Walsh
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Carpenter Holdings, Inc.
Represented By: Howard Feller
Represented By: James H. Walsh
Represented By: Bethany G. Lukitsch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: E.R. Carpenter, L.P.
Represented By: Howard Feller
Represented By: James H. Walsh
Represented By: Bethany G. Lukitsch
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Flexible Foam Products LLC
Represented By: Bradley R. Love
Represented By: Caitlin S. Schroeder
Represented By: Christopher J. Bayh
Represented By: Deborah Pollack-Milgate
Represented By: Kathleen M. Anderson
Represented By: Kendall Millard
Represented By: Larry A. Mackey
Represented By: Michael D. Mustard
Represented By: Rachel K. Steinhofer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Flexible Foam Products, Inc.
Represented By: Bradley R. Love
Represented By: Caitlin S. Schroeder
Represented By: Christopher J. Bayh
Represented By: Deborah Pollack-Milgate
Represented By: Kathleen M. Anderson
Represented By: Kendall Millard
Represented By: Larry A. Mackey
Represented By: Michael D. Mustard
Represented By: Rachel K. Steinhofer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: FXI-Foamex Innovations, Inc.
Represented By: F. Brenden Coller
Represented By: Francis P. Newell
Represented By: Kevin T. Kerns
Represented By: Lezlie Madden
Represented By: Peter M. Ryan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Valle Foam Industries (1995) Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vitafoam Products Canada Limited
Represented By: Wesley M. Mullen
Represented By: Timothy J. Coleman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vitafoam Inc
Represented By: Wesley M. Mullen
Represented By: Timothy J. Coleman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mohawk Industries Inc.
Represented By: Allison S. Thompson
Represented By: Kara F. Kennedy
Represented By: Matthew L. Dowell
Represented By: Randall L. Allen
Represented By: Teresa T. Bonder
Represented By: Valarie C. Williams
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Leggett & Platt Inc.
Represented By: Aaron M. Herzig
Represented By: Chad R. Ziepfel
Represented By: Daniel R. Warncke
Represented By: James R. Jeffery
Represented By: James P. Silk, Jr.
Represented By: Jeanne M. Janchar
Represented By: Joseph M. Rebein
Represented By: Laurie A. Novion
Represented By: Peter J. O'Shea
Represented By: Susan B. Nelson
Represented By: Victoria L. Nilles
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Woodbridge Foam Corporation
Represented By: Candice E.M. Ray
Represented By: Cynthia E. Richman
Represented By: Daniel G. Swanson
Represented By: Dhananjay S. Manthripragada
Represented By: Jamie E. France
Represented By: Matthew E. Liebson
Represented By: Nicola T. Hanna
Represented By: Robert F. Ware
Represented By: Allison C. Kop
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: CAP Carpet, Inc.
Represented By: Brandon J.B. Boulware
Represented By: James A. Walker
Represented By: William D. Beil
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?