Aviva Sports, Inc. v. Manley Toy Direct, L.L.C.
Plaintiff: Aviva Sports, Inc.
Defendant: Fingerhut Direct Marketing, Inc., Menard, Inc., Kmart Corporation, Wal-Mart Stores, Inc., Manley Toys, Ltd. and Aquawood, LLC
Appellee: Manley Toy Direct L.L.C.
Case Number: 26-1458
Filed: March 13, 2026
Court: U.S. Court of Appeals, Eighth Circuit
Nature of Suit: Other Statutory Actions
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on September 8, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2026 CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [ # 5679355-2 ], filed by Appellant Aviva Sports, Inc. in 26-1458 [5681028] [26-1458, 26-1545] (SLC) [Entered: 09/08/2026 06:01 PM]
August 31, 2026 Paper copies Third Brief, [ # 5676516-2 ] filed by Aviva Sports, Inc. in 26-1458, 26-1545 10 paper copies received. Paper brief deficiency due 09/08/2026. SEE ATTACHED DEFICIENCY NOTICE. [5679355] [26-1458, 26-1545] (DNS) [Entered: 09/02/2026 03:00 PM]
August 26, 2026 BRIEF FILED - REPLY APPELLANT/CROSS APPELLEE filed by Aviva Sports, Inc. in 26-1458, 26-1545, w/service 08/26/2026, Length: 11,033 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Aviva Sports, Inc. due 08/31/2026 WITH certificate of service for paper briefs. Appellee Manley Toy Direct L.L.C. reply brief due on 09/16/2026 [5676516] [26-1458, 26-1545] (NDG) [Entered: 08/26/2026 01:57 PM]
August 26, 2026 CLERK ORDER:Appellant/cross-appellee''s motion to supplement record filed by Shelli L. Calland in 26-1458, 26-1545, [ # 5675625-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5676495] [26-1458, 26-1545] (NDG) [Entered: 08/26/2026 01:27 PM]
August 24, 2026 MOTION to supplement the record, filed by Attorney Shelli L. Calland for Appellant Aviva Sports, Inc. in 26-1458, for Appellee Aviva Sports, Inc. in 26-1545 w/service 08/24/2026 - FOR CAL. [5675625] [26-1458, 26-1545] (SLC) [Entered: 08/24/2026 04:11 PM]
August 24, 2026 THIRD brief of Aviva Sports, Inc. in 26-1458, 26-1545 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5675604] [26-1458, 26-1545]--[Edited 08/26/2026 to correct brief type by NDG] (SLC) [Entered: 08/24/2026 03:55 PM]
August 18, 2026 Brief deficiency notice sent to counsel, Attorney Shelli L. Calland for Appellant Aviva Sports, Inc. in 26-1458, and for Appellee Aviva Sports, Inc. in 26-1545. [5673359] [26-1458, 26-1545] (DNS) [Entered: 08/18/2026 01:46 PM]
August 17, 2026 THIRD brief of Aviva Sports, Inc. in 26-1458, 26-1545 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5673061] [26-1458, 26-1545] -[Edited 08/18/2026 by DNS to indicate type of brief] (SLC) [Entered: 08/17/2026 11:37 PM]
July 24, 2026 CORRECTED/INITIAL certificate of service for Paper Brief , Doc No. [ # 5663732-2 ], filed by Appellee Manley Toy Direct L.L.C. in 26-1458, Appellant Manley Toy Direct L.L.C. in 26-1545 [5664689] [26-1458, 26-1545] --[Edited 07/24/2026 by DNS to link paper brief] (BRU) [Entered: 07/24/2026 10:02 AM]
July 21, 2026 Paper copies Second Brief, [ # 5661711-2 ] filed by Manley Toy Direct L.L.C. in 26-1458, 26-1545 10 paper copies received. Paper brief deficiency due 07/27/2026. SEE ATTACHED DEFICIENCY NOTICE [5663732] [26-1458, 26-1545] (DNS) [Entered: 07/22/2026 11:41 AM]
July 16, 2026 BRIEF FILED - BRIEF APPELLEE/CROSS APPELLANT filed by Manley Toy Direct L.L.C. in 26-1458, 26-1545. w/service 07/16/2026 , Length: 11,072 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Manley Toy Direct L.L.C. due 07/21/2026 WITH certificate of service for paper briefs. Third brief of Aviva Sports, Inc. brief due on 08/17/2026. [5661711] [26-1458, 26-1545] (DNS) [Entered: 07/16/2026 09:51 AM]
July 15, 2026 Brief deficiency notice sent to counsel, Attorney Brandon R. Underwood for Appellee Manley Toy Direct L.L.C. in 26-1458, and for Appellant Manley Toy Direct L.L.C. in 26-1545. [5661343] [26-1458, 26-1545] (DNS) [Entered: 07/15/2026 01:00 PM]
July 15, 2026 APPELLEE brief of Manley Toy Direct L.L.C. in 26-1458, 26-1545 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5661562] [26-1458, 26-1545] (BRU) [Entered: 07/15/2026 04:06 PM]
July 10, 2026 APPELLEE brief of Manley Toy Direct L.L.C. in 26-1545, 26-1458 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5659975] [26-1545, 26-1458] (BRU) [Entered: 07/10/2026 05:20 PM]
June 25, 2026 CLERK ORDER: Granting [ # 5654087-2 ] motion for extension of time to file brief filed by Brandon R. Underwood. Second brief of aplee/cr. aplnt Manley Toy Direct L.L.C. due on 07/10/2026. [5654746] [26-1545, 26-1458] (DNS) [Entered: 06/25/2026 11:38 AM]
June 25, 2026 CERTIFICATE OF COMPLIANCE filed by Attorney Brandon R. Underwood for Appellant Manley Toy Direct L.L.C. in 26-1545 correcting [ # 5654087-2 ] motion for extension of time to file brief filed by Attorney in 26-1458, 26-1545. [5654538] [26-1458, 26-1545] (BRU) [Entered: 06/25/2026 08:47 AM]
June 25, 2026 On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under [Rule 27], certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 5654087-2 ], submitted by Brandon R. Underwood in 26-1458 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [26-1458, 26-1545] (DNS) [Entered: 06/25/2026 08:11 AM]
June 24, 2026 MOTION for extension of time to file brief until 07/10/2026, filed by Attorney Brandon R. Underwood for Appellee Manley Toy Direct L.L.C. in 26-1458, Attorney Brandon R. Underwood for Appellant Manley Toy Direct L.L.C. in 26-1545 w/service 06/24/2026. [5654087] [26-1458, 26-1545] (BRU) [Entered: 06/24/2026 10:21 AM]
June 9, 2026 CORRECTED/INITIAL certificate of service for Court Record, Doc No. [ # 5647833-2 ], Court Record, Doc No. [ # 5649002-2 ], filed by Appellant Aviva Sports, Inc. [5649356] [26-1458] (SLC) [Entered: 06/09/2026 04:25 PM]
June 9, 2026 RECORD FILED - SEALED JOINT APPENDIX, 1 volume, Comments: 3 sets. Sealed Joint Appendix is paginated 'App. 678_1 to App. 678_53'. *Note: Volume 3 of the publicly available Joint Appendix contains a 1-page placeholder at App. 678 for R. Doc. 93 contained in this SEALED Appendix. Record Deficiency due on 06/15/2026 - SEE ATTACHED NOTICE. [5649002] [26-1458, 26-1545] (HAG) [Entered: 06/09/2026 09:56 AM]
June 9, 2026 CLERK ORDER: Appellant/Cross-Appellee's [ # 5647916-2 ] motion to seal is granted subject to further order of the Court. The Court is hereby sealing the following: Sealed Joint Appendix containing R. Doc. 93. [5648994] [26-1458, 26-1545] (HAG) [Entered: 06/09/2026 09:47 AM]
June 4, 2026 RECORD FILED - JOINT APPENDIX, 5 volumes, 1 box, Comments: 3 sets Record Deficiency due on 06/09/2026 - SEE ATTACHED NOTICE. [5647833] [26-1458, 26-1545] (HAG) [Entered: 06/04/2026 03:21 PM]
June 3, 2026 MOTION to seal portion of appendix, filed by Attorney Shelli L. Calland for Appellant/Cross-Appellee Aviva Sports, Inc. in 26-1458 & 26-1545 w/service 06/04/2026. [5647916] [26-1458, 26-1545] (HAG) [Entered: 06/04/2026 04:38 PM]
June 3, 2026 CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [ # 5645670-2 ], filed by Appellant Aviva Sports, Inc. [5647401] [26-1458]--[Edited 06/04/2026 by HAG to link to correct dkt entry and revise dkt txt] (SLC) [Entered: 06/03/2026 08:39 PM]
May 29, 2026 Paper copies Appellant/Petitioner Brief, [ # 5644165-2 ] filed by Aviva Sports, Inc. in 26-1458 10 paper copies received. w/Addendum attached Paper brief deficiency due 06/03/2026. SEE ATTACHED DEFICIENCY NOTICE. [5645670] [26-1458, 26-1545] (DNS) [Entered: 05/29/2026 02:03 PM]
May 27, 2026 ADDENDUM of APPELLANT FILED by Appellant Aviva Sports, Inc. in 26-1458 , w/service 05/27/2026 [5644167] [26-1458, 26-1545] (DNS) [Entered: 05/27/2026 08:33 AM]
May 27, 2026 BRIEF FILED - APPELLANT BRIEF filed by Aviva Sports, Inc. in 26-1458 w/service 05/27/2026 , Length: 9,255 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Aviva Sports, Inc. due 06/01/2026 WITH certificate of service for paper briefs. Second brief of aplee/cr. aplnt Manley Toy Direct L.L.C. due on 06/26/2026. [5644165] [26-1458, 26-1545] (DNS) [Entered: 05/27/2026 08:31 AM]
May 27, 2026 CLERK ORDER:The motion to supplement record filed by Shelli L. Calland in 26-1458, 26-1545, [ # 5640456-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5644161] [26-1458, 26-1545] (DNS) [Entered: 05/27/2026 08:25 AM]
May 26, 2026 APPELLANT brief of Aviva Sports, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5644106] [26-1458] (SLC) [Entered: 05/26/2026 06:07 PM]
May 21, 2026 Second brief deficiency notice sent to counsel, Attorney Shelli L. Calland for Appellant Aviva Sports, Inc. [5642887] [26-1458] (DNS) [Entered: 05/21/2026 02:57 PM]
May 20, 2026 Addendum of APPELLANT submitted for review by Aviva Sports, Inc.. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5642481] [26-1458] (SLC) [Entered: 05/20/2026 04:59 PM]
May 20, 2026 APPELLANT brief of Aviva Sports, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5642477] [26-1458] (SLC) [Entered: 05/20/2026 04:55 PM]
May 15, 2026 Addendum deficiency notice sent to counsel, Attorney Shelli L. Calland for Appellant Aviva Sports, Inc.. New electronic copy of addendum due on 05/20/2026 [5640611] [26-1458] (DNS) [Entered: 05/15/2026 11:09 AM]
May 15, 2026 Brief deficiency notice sent to counsel, Attorney Shelli L. Calland for Appellant Aviva Sports, Inc.. [5640606] [26-1458] (DNS) [Entered: 05/15/2026 11:06 AM]
May 14, 2026 MOTION to supplement the record., filed by Attorney Shelli L. Calland for Appellant Aviva Sports, Inc. in 26-1458 w/service 05/14/2026. [5640456] [26-1458, 26-1545] - FOR CAL (SLC) [Entered: 05/14/2026 11:24 PM]
May 14, 2026 Addendum of APPELLANT submitted for review by Aviva Sports, Inc.. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5640453] [26-1458] (SLC) [Entered: 05/14/2026 11:11 PM]
May 14, 2026 APPELLANT brief of Aviva Sports, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5640452] [26-1458] (SLC) [Entered: 05/14/2026 11:08 PM]
April 2, 2026 CORPORATE disclosure statement filed by Appellee Manley Toy Direct L.L.C. in 26-1458, Appellant Manley Toy Direct L.L.C. in 26-1545. - FOR CAL [5625144] [26-1458, 26-1545] (BRU) [Entered: 04/02/2026 05:33 PM]
March 31, 2026 ***LOCKED DOCUMENT*** DESIGNATION of record filed by Appellee Manley Toy Direct L.L.C. in 26-1458, Appellant Manley Toy Direct L.L.C. in 26-1545. w/service 03/31/2026 [5624088] [26-1458, 26-1545] --[Edited 03/31/2026 by DNS] Document has been refiled as Method of Appendix Preparation and Statement of Issues. See docket ID nos. 5624126 and 5624128. (BRU) [Entered: 03/31/2026 03:13 PM]
March 31, 2026 STATEMENT of issues filed by Appellee Manley Toy Direct L.L.C. in 26-1458, Appellant Manley Toy Direct L.L.C. in 26-1545 - w/service 03/31/2026. [5624128] [26-1458, 26-1545] (BRU) [Entered: 03/31/2026 03:38 PM]
March 31, 2026 METHOD of appendix preparation filed by Appellee Manley Toy Direct L.L.C. in 26-1458, Appellant Manley Toy Direct L.L.C. in 26-1545 - Joint Appendix - w/service 03/31/2026 [5624126] [26-1458, 26-1545] (BRU) [Entered: 03/31/2026 03:37 PM]
March 30, 2026 DESIGNATION of record filed by Appellant Aviva Sports, Inc. in 26-1458. w/service 03/30/2026 [5623614] [26-1458, 26-1545] (SAW) [Entered: 03/30/2026 04:25 PM]
March 30, 2026 METHOD of appendix preparation filed by Appellant Aviva Sports, Inc. in 26-1458 - Joint Appendix - w/service 03/30/2026 [5623447] [26-1458, 26-1545] (SAW) [Entered: 03/30/2026 02:12 PM]
March 30, 2026 STATEMENT of issues filed by Appellant Aviva Sports, Inc. - w/service 03/30/2026. [5623440] [26-1458] (SAW) [Entered: 03/30/2026 02:08 PM]
March 25, 2026 CROSS APPEAL BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 05/04/2026. BRIEF APPELLANT, Aviva Sports, Inc. due 05/14/2026. Appendix due 05/14/2026. Appellee/cross Appellant brief due 30 days from the date the court issues the Notice of Docket Activity filing the appellant's brief. [5622136] [26-1458, 26-1545] (MMH) [Entered: 03/25/2026 04:17 PM]
March 24, 2026 APPEARANCE filed by Sarah B. Golwitzer for Appellee Manley Toy Direct L.L.C. w/service 03/24/2026 [5621497] [26-1458] (SBG) [Entered: 03/24/2026 01:55 PM]
March 24, 2026 APPEARANCE filed by Brandon R. Underwood for Appellee Manley Toy Direct L.L.C. w/service 03/24/2026 [5621492] [26-1458] (BRU) [Entered: 03/24/2026 01:53 PM]
March 24, 2026 CORPORATE disclosure statement filed by Appellant Aviva Sports, Inc.. - FOR CAL [5621434] [26-1458] (SAW) [Entered: 03/24/2026 12:16 PM]
March 24, 2026 APPEARANCE filed by Stephen A. Weisbrod for Appellant Aviva Sports, Inc. w/service 03/24/2026 [5621430] [26-1458] (SAW) [Entered: 03/24/2026 12:12 PM]
March 16, 2026 BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 04/27/2026. Appendix due 05/05/2026. BRIEF APPELLANT, Aviva Sports, Inc. due 05/05/2026 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5618842] [26-1458] (MMH) [Entered: 03/16/2026 01:04 PM]
March 13, 2026 Originating court document filed consisting of Report and Recommendation 1/13/26, Order Adopting R&R 2/11/26, notice of appeal, and docket entries [5618554] [26-1458] (MMH) [Entered: 03/13/2026 04:19 PM]
March 13, 2026 Civil case docketed. [5618542] [26-1458] (MMH) [Entered: 03/13/2026 04:05 PM]

Access additional case information on PACER

Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Search for this case: Aviva Sports, Inc. v. Manley Toy Direct, L.L.C.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Aviva Sports, Inc.
Represented By: Stephen Adam Weisbrod
Represented By: Derek Y. Sugimura
Represented By: Robert Cardell Gainer
Represented By: Shelli L. Calland
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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fingerhut Direct Marketing, 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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Menard, 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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kmart Corporation
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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Wal-Mart Stores, 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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Manley Toys, Ltd.
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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Aquawood, LLC
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 [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Appellee: Manley Toy Direct L.L.C.
Represented By: Brandon R. Underwood
Represented By: Bridget R. Penick
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 [ 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?