Tempur Sealy International, Inc. et al v. Seltyk Mattress, Inc.
Plaintiff: Tempur Sealy International, Inc., Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC., Tempur World, LLC., Dan-Foam APS and Sealy Technology, LLC
Defendant: Seltyk Mattress, Inc.
Case Number: 2:2022cv06194
Filed: August 31, 2022
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: Otis D Wright
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2022 Opinion or Order Filing 21 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED TO SHOW CAUSE IN WRITING No Later than November 28,2022 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's filing of a noticed motion for entry of default judgment for the defendants. Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
October 27, 2022 Opinion or Order Filing 20 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Seltyk Mattress, Inc. (lc)
October 26, 2022 Opinion or Order Filing 19 REQUEST for Clerk to Enter Default against Defendant Seltyk Mattress, Inc. filed by Plaintiffs Sealy Technology, LLC, Tempur Sealy International, Inc., Tempur World, LLC., Tempur-Pedic North America, LLC., Tempur-Pedic Management, LLC., Dan-Foam APS. (Riera, Mark)
October 26, 2022 Opinion or Order Filing 18 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDER TO SHOW CAUSE IN WRITING NO LATER THAN October 27, 2022 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendants. Answer by the defendant(s) In the event both documents are filed before the above date, the answer will take precedence.Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
October 20, 2022 Opinion or Order Filing 17 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court has reviewed Plaintiffs' Response to the Court's Order to Show Cause #16 . The Order to Show Cause is hereby DISCHARGED. (lc) Modified on 10/20/2022 (lc).
October 19, 2022 Opinion or Order Filing 16 Response to OSC filed by Plaintiffs Tempur World, LLC., Dan-Foam APS, Sealy Technology, LLC, Tempur Sealy International, Inc., Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. Response to OSC re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #15 (Riera, Mark)
October 18, 2022 Opinion or Order Filing 15 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff(s) is ORDER TO SHOW CAUSE in writing no later than October 19, 2022 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendant. In the event both documents are filed before the above date, the answer will take precedence.Answer by the defendant(s). The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc) Modified on 10/18/2022 (lc).
September 26, 2022 Opinion or Order Filing 14 PROOF OF SERVICE Executed by Plaintiff Sealy Technology, LLC, Tempur Sealy International, Inc., Tempur World, LLC., Tempur-Pedic North America, LLC., Tempur-Pedic Management, LLC., Dan-Foam APS, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Hector M. Flores in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons returned. (Riera, Mark)
September 2, 2022 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR MSJs. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerks Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
September 1, 2022 Opinion or Order Filing 12 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Receipt for Exhibits to Exhibits Custodian (G-78) 2 . The following error(s) was found: There is no Receipt for Exhibits document attach. (ghap)
September 1, 2022 Opinion or Order Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Seltyk Mattress, Inc. (ghap)
September 1, 2022 Opinion or Order Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
September 1, 2022 Opinion or Order Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
September 1, 2022 Opinion or Order Filing 8 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Pedro V. Castillo. (ghap)
August 31, 2022 Opinion or Order Filing 7 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Dan-Foam APS, a Danish corporation, Sealy Technology, LLC, a North Carolina limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur World, LLC., a Delaware limited liability company, Tempur-Pedic Management, LLC., Delaware limited liability company, Tempur-Pedic North America, LLC., a Delaware limited liability company,. (Riera, Mark)
August 31, 2022 Opinion or Order Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,, #1 filed by Plaintiff Dan-Foam APS, a Danish corporation, Sealy Technology, LLC, a North Carolina limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur World, LLC., a Delaware limited liability company, Tempur-Pedic Management, LLC., Delaware limited liability company, Tempur-Pedic North America, LLC., a Delaware limited liability company,. (Riera, Mark)
August 31, 2022 Opinion or Order Filing 5 NOTICE of Interested Parties filed by Plaintiffs Dan-Foam APS, a Danish corporation, Sealy Technology, LLC, a North Carolina limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur World, LLC., a Delaware limited liability company, Tempur-Pedic Management, LLC., Delaware limited liability company, Tempur-Pedic North America, LLC., a Delaware limited liability company,, (Riera, Mark)
August 31, 2022 Opinion or Order Filing 4 CIVIL COVER SHEET filed by Plaintiffs Dan-Foam APS, a Danish corporation, Sealy Technology, LLC, a North Carolina limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur World, LLC., a Delaware limited liability company, Tempur-Pedic Management, LLC., Delaware limited liability company, Tempur-Pedic North America, LLC., a Delaware limited liability company,. (Riera, Mark)
August 31, 2022 Opinion or Order Filing 3 EXHIBIT Filed filed by Plaintiffs Dan-Foam APS, a Danish corporation, Sealy Technology, LLC, a North Carolina limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur World, LLC., a Delaware limited liability company, Tempur-Pedic Management, LLC., Delaware limited liability company, Tempur-Pedic North America, LLC., a Delaware limited liability company,. as to Complaint (Attorney Civil Case Opening),,,, #1 . (Riera, Mark)
August 31, 2022 Opinion or Order Filing 2 RECEIPT FOR EXHIBITS submitted to Exhibits Custodian filedSubmitted to Custodian on 08/31/2022; #(Riera, Mark)
August 31, 2022 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-33905990 - Fee: $402, filed by Plaintiff Sealy Technology, LLC, a North Carolina limited liability company, Tempur World, LLC., a Delaware limited liability company, Tempur Sealy International, Inc., a Delaware corporartion, Tempur-Pedic North America, LLC., a Delaware limited liability company,, Tempur-Pedic Management, LLC., Delaware limited liability company, Dan-Foam APS, a Danish corporation. (Attorney Mark Riera added to party Dan-Foam APS, a Danish corporation(pty:pla), Attorney Mark Riera added to party Sealy Technology, LLC, a North Carolina limited liability company(pty:pla), Attorney Mark Riera added to party Tempur Sealy International, Inc., a Delaware corporartion(pty:pla), Attorney Mark Riera added to party Tempur World, LLC., a Delaware limited liability company(pty:pla), Attorney Mark Riera added to party Tempur-Pedic Management, LLC., Delaware limited liability company(pty:pla), Attorney Mark Riera added to party Tempur-Pedic North America, LLC., a Delaware limited liability company, (pty:pla))(Riera, Mark)

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Plaintiff: Tempur Sealy International, Inc.
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Plaintiff: Tempur-Pedic Management, LLC.
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Plaintiff: Tempur-Pedic North America, LLC.
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Plaintiff: Tempur World, LLC.
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Plaintiff: Dan-Foam APS
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Plaintiff: Sealy Technology, LLC
Represented By: Mark Riera
Represented By: Jessica Bromall Sparkman
Represented By: Stanley M Gibson
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Defendant: Seltyk Mattress, Inc.
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