Tempur-Pedic International, Inc. v. Waste to Charity, Inc. et al

Plaintiff: Tempur-Pedic International, Inc.
Defendant: Howard Hirsch, Eric Volovic, Waste to Charity, Inc., Broco Supply, Inc., Jack Fitzgerald, Thomas Scarello, Nelson Silva, Close Out Surplus and Savings, Inc., Ernest Peia and Action Distributors, Inc.
Counter Claimant: Broco Supply, Inc. and Close Out Surplus and Savings, Inc.
Counter Defendant: Tempur-Pedic International, Inc.
Case Number: 2:2007cv02015
Filed: February 13, 2007
Court: Arkansas Western District Court
Office: Fort Smith Office
County: Sebastian
Presiding Judge: Robert T. Dawson
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 20, 2014 300 Opinion or Order of the Court ORDER granting 299 Motion for Relief, as set forth. Signed by Honorable Robert T. Dawson on March 20, 2014. (lw)
November 15, 2013 293 Opinion or Order of the Court ORDER,as set forth. Non-jury Trial reset for 2/3/2014 09:00 AM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson. Signed by Honorable Robert T. Dawson on November 15, 2013. (lw)
October 9, 2013 290 Opinion or Order of the Court ORDER re 283 Motion for reduction of bond, as set forth. Signed by Honorable James R. Marschewski on October 9, 2013. (lw)
February 4, 2013 264 Opinion or Order of the Court ORDER granting 258 Motion to Reopen Case, as set forth. Signed by Honorable Robert T. Dawson on February 4, 2013. (lw)
June 17, 2010 248 Opinion or Order of the Court ORDER granting 245 Motion for Order. Tempur-Pedic and CSS are hereby directed to do a joint inventory of the Booneville Warehouse within 45 business days and report tot the court within fourteen business days the volume in units, style number, SKU and other product identifier of the donated goods. ADI is hereby directed to accommodate the Tempur-Pedic and CSS representative to make available to the joint inventory representative all of the goods where ever situated. Signed by Honorable James R. Marschewski on June 17, 2010. (lw)
November 25, 2008 241 Opinion or Order of the Court ORDER denying 236 Motion to Reopen Case. This matter remains stayed pending the resolution of the bankruptcy proceedings. Separate Defendants Waste to Charity, Jack Fitzgerald and Thomas Scarcello are directed to promptly inform the Court once their respective bankruptcy proceedings are concluded. Signed by Honorable Robert T. Dawson on November 25, 2008. (lw)
September 24, 2008 233 Opinion or Order of the Court ORDER re 231 Notice of Filing Bankruptcy filed by Waste to Charity, Inc. and 230 Notice of Filing Bankruptcy filed by Jack Fitzgerald. This case case has been removed from the trial docket of 10/6/08, and administratively terminated without prejudice to the right of the parties to reopen the proceedings upon conclusion of the bankruptcy proceedings. Signed by Honorable Robert T. Dawson on September 24, 2008. (lw)
February 6, 2008 221 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 158 , 162 and 175 Motions for Summary Judgment and denying Plaintiff's 165 Motion for Partial Summary Judgment. The Court finds that genuine issues of fac t exist as set forth. The bench trial of this matter is rescheduled for 10/6/2008; 09:00 AM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson. Signed by Honorable Robert T. Dawson on February 6, 2008. (mfr) Modified on 2/6/2008 to edit docket text (mfr).
February 16, 2007 4 Opinion or Order of the Court ORDER granting 2 Ex Parte MOTION for Temporary Restraining Order filed by Tempur-Pedic International, Inc. Show Cause Hearing under Rule 65 of the FRCvP set for 2/26/2007; 02:00 PM in Fort Smith -- 2nd flr (Rm 226) before James R. Marschewski. Further, Defendants shall preserve all materials as set forth. Further the requirement for security under Rule 65(c) is set at $200,000. Signed by Judge James R. Marschewski on February 16, 2007. (mfr)

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Search for this case: Tempur-Pedic International, Inc. v. Waste to Charity, Inc. et al
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Defendant: Howard Hirsch
Represented By: Rex W. Chronister
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Defendant: Eric Volovic
Represented By: Rex W. Chronister
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Defendant: Waste to Charity, Inc.
Represented By: Mark P. Rankin
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Defendant: Broco Supply, Inc.
Represented By: Rex W. Chronister
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Defendant: Jack Fitzgerald
Represented By: Mark P. Rankin
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Defendant: Thomas Scarello
Represented By: Eric M. Lieberman
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Defendant: Nelson Silva
Represented By: E. B. Chiles, IV
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Defendant: Close Out Surplus and Savings, Inc.
Represented By: E. B. Chiles, IV
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Defendant: Ernest Peia
Represented By: E. B. Chiles, IV
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Defendant: Action Distributors, Inc.
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Plaintiff: Tempur-Pedic International, Inc.
Represented By: Daniel McGillycuddy
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Counter claimant: Broco Supply, Inc.
Represented By: Rex W. Chronister
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Counter claimant: Close Out Surplus and Savings, Inc.
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Counter defendant: Tempur-Pedic International, Inc.
Represented By: Robert Ashley Frazier
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