Sleep Number Corporation v. Unknown Party
| Sleep Number Corporation |
| Unknown Party |
| 2:2023cv00377 |
| March 2, 2023 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings PRELIMINARY INJUNCTION HEARING held on 3/16/2023, before Judge Michael T. Liburdi. Court Reporter: Cathy J. Taylor, RMR, CRR, CRC, Telephone number (602)322-7249. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 4/24/2023. Redacted Transcript Deadline set for 5/4/2023. Release of Transcript Restriction set for 7/3/2023. (SCH) |
| Filing 24 Additional Attachments to Main Document re: #22 Preliminary Injunction, Certificate of Service by Plaintiff Sleep Number Corporation. (Wagner, Ben) |
| Filing 23 TRANSCRIPT REQUEST by Sleep Number Corporation for proceedings held on 3/16/2023, Judge Michael T Liburdi hearing judge(s). (Wagner, Ben) |
Filing 22
PRELIMINARY INJUNCTION The bond previously posted by SLEEP NUMBER (see Doc. #10 ) shall remain in place and continue as the bond for purposes of this preliminary injunction as well. No additional bond is required. See attached Order for complete details. Signed by Judge Michael T. Liburdi on 3/17/2023. (ESG)
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| Filing 21 Additional Attachments to Main Document re: 20 Order on Motion for Preliminary Injunction,,,, Preliminary/Permanent Injunction Hearing,,,, Common Prompts (Text Only),,, Proposed Order Granting Preliminary Injunction by Plaintiff Sleep Number Corporation. (Wagner, Ben) |
| Filing 20 MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Preliminary Injunction Hearing held on 3/16/2023. Discussion held. For the reasons stated on the record, IT IS ORDERED granting the Motion for Preliminary Injunction (Doc. #5 ). Plaintiff shall, by March 16, 2023, file a proposed preliminary injunction order as discussed on the record. Counsel for Plaintiff shall also email to chambers a Microsoft Word document of the proposed preliminary injunction order. The email shall be addressed to liburdi_chambers@azd.uscourts.gov. IT IS FURTHER ORDERED that Plaintiff's counsel shall serve a copy of the proposed preliminary injunction order and this Order to Defendant as discussed on the record. APPEARANCES: Telephonic appearance by Ben Wagner for Plaintiffs. Defendants not present. (Court Reporter Cathy Taylor.) Hearing held 9:01 am to 9:28 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW) |
| Filing 19 DECLARATION of Ben L. Wagner re: #9 Temporary Restraining Order,,, Set/Reset Motion and R&R Deadlines/Hearings,, re Notice Required by TRO by Plaintiff Sleep Number Corporation. (Wagner, Ben) |
| Filing 18 AFFIDAVIT of Jodi L. Thomas re: 16 Order on Motion for Leave to Appear,, Certificate of Service by Plaintiff Sleep Number Corporation. (Wagner, Ben) |
| Filing 17 SERVICE EXECUTED filed by Sleep Number Corporation: Proof of Service re: Summons, Verified Complaint and Temporary Restraining Order upon Ultimate Licensee of comfort.com (Unknown Party) on 03/09/2023. (Wagner, Ben) |
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Filing 16
ORDER IT IS ORDERED conditionally granting Plaintiff's Motion to Appear Telephonically (Doc. #15 ). Should Defendant appear at tomorrow's hearing, or should more than mere formalities be required at the hearing, the Court is likely to reschedule. Defendant should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. Ordered by Judge Michael T. Liburdi.(ESG)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 15 EX PARTE MOTION for Leave to Appear Telephonically by Sleep Number Corporation. (Wagner, Ben) |
| Filing 14 DECLARATION of Ben L. Wagner re: #5 Emergency MOTION for Temporary Restraining Order and OSC re Preliminary Injunction MOTION for Preliminary Injunction Supplemental Declaration. filed by Sleep Number Corporation. (Attachments: #1 Exhibit)(Wagner, Ben) |
| Filing 13 NOTICE re: Witnesses at Preliminary Injunction Hearing by Sleep Number Corporation . (Wagner, Ben) |
| Filing 12 Summons Issued as to Unknown Party. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Pro hac vice motion(s) granted for Ben Lewis Wagner on behalf of Plaintiff Sleep Number Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 11 SUMMONS Submitted by Sleep Number Corporation. (Balser, Justin) |
| Filing 10 *NOTICE re: Posting Cash for Bond Requirement re: #9 Temporary Restraining Order by Plaintiff Sleep Number Corporation. (Balser, Justin) *Modified from additional attachment to notice on 3/8/2023 (SMF). |
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Filing 9
TEMPORARY RESTRAINING ORDER: Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order (Doc. #5 ) is granted. Preliminary Injunction Hearing is set for Thursday, March 16, 2023 at 9:00 a.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Defendant shall appear and show cause why a preliminary injunction on the same terms shall not issue. Any opposition brief shall be due by March 10, 2023. Plaintiff may file a reply by March 14, 2023. See order for details. Signed by Judge Michael T. Liburdi on 3/3/2023. (LMR)
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| Filing 8 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Hearing on Plaintiff's Motion for Temporary Restraining Order held on 3/3/2023. Discussion is held. For the reasons stated on the record, Temporary Restraining Order will issue. Hearing to be set on Plaintiff's request for preliminary injunction. APPEARANCES: Justin Balser and Ben Wagner telephonically for Plaintiff. Defendant neither present nor represented by counsel. (Court Reporter Cathy Taylor.) Hearing held 3:01 PM to 3:30 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) |
| Filing 7 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Sleep Number Corporation. (Balser, Justin) |
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Filing 6
ORDER: The Court is in receipt of Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order (Doc. #5 ). IT IS ORDERED setting a hearing on the Motion for Temporary Restraining Order for March 3, 2023 at 3:00 p.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Out-of-state counsel may appear telephonically. Counsel are directed to call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. Ordered by Judge Michael T. Liburdi on 3/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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| Filing 5 EX PARTE Emergency MOTION for Temporary Restraining Order and OSC re Preliminary Injunction by Sleep Number Corporation. (Attachments: #1 Declaration, #2 Proposed Order) (Balser, Justin). |
| Filing 4 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (Attachments: #1 AO 121)(MCO) |
| Filing 3 Filing fee paid, receipt number AAZDC-21658472. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-0377-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 2 Corporate Disclosure Statement by Sleep Number Corporation identifying Other Affiliate BlackRock Fund Advisors, Other Affiliate Vanguard Group Incorporated, Other Affiliate BlackRock Incorporated for Sleep Number Corporation. (Balser, Justin) (MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21658472 filed by Sleep Number Corporation. (Balser, Justin) (Attachments: #1 Civil Cover Sheet)(MCO) |
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| Plaintiff: Sleep Number Corporation | |
| Represented By: | Ben L Wagner |
| Represented By: | Justin Donald Balser |
| Represented By: | Ben Lewis Wagner |
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| Defendant: Unknown Party | |
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