Tempur-Pedic North America, LLC et al v. Mattress Firm, Inc. et al
| Dan-Foam ApS, Tempur-Pedic North America, LLC and Tempur-Pedic Management, LLC. |
| Sinomax Group Limited, Ther-A-Pedic Associates, Inc., Mattress Firm, Inc. and Sinomax USA Inc. |
| 8:2018cv02147 |
| August 28, 2018 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 15, 2018. A more recent docket listing may be available from PACER.
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| ***PRO HAC VICE FEES paid Sinomax Group Limited, Sinomax USA Inc. (Filing fee $300 receipt number TPA053660.) Related document: #55 Unopposed MOTION for JAISON C. JOHN and TERRY D. MORGAN to appear pro hac vice. (EA) |
| Filing 95 NOTICE of compliance with Fee and Electronic Filing Requirements by Sinomax Group Limited, Sinomax USA Inc. (John, Jaison) Modified on 10/15/2018 (KMM). (improper signature) |
Filing 94
ORDER: This case is STAYED and ADMINISTRATIVELY CLOSED. No further action will be taken in this case until such time as the bankruptcy court lifts the stay or the stay lapses. The parties are directed to file a status report regarding the bankruptcy proceedings by February 4, 2019, and every 120 days thereafter. Signed by Judge Virginia M. Hernandez Covington on 10/5/2018. (KAK)
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| Filing 93 SUGGESTION of Bankruptcy by Mattress Firm, Inc.. (Bassel Frick, Irene) |
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Filing 92
ENDORSED ORDER granting (Doc. #90 ) Unopposed Motion for Extension of Time. The deadline for Plaintiffs to respond to Mattress Firm, Inc.'s Motion to Dismiss, and, Alternatively, Motion for More Definite Statement is extended to October 19, 2018. Signed by Judge Virginia M. Hernandez Covington on 10/4/2018. (KAK)
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| Filing 91 MOTION for leave to file Motion for Leave to File Reply by Ther-A-Pedic Associates, Inc.. (Torres, Christopher) |
| Filing 90 Unopposed MOTION for Extension of Time to File Response/Reply by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Whitehead, Sara) |
| Filing 89 RESPONSE re #48 Objection Opposition to Defendant Mattress Firm, Inc.'s Motion to Strike filed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Whitehead, Sara) |
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Filing 88
ENDORSED ORDER denying as moot #75 Plaintiff's Motion to Strike. Defendant Mattress Firm filed its #87 Notice of withdrawal of exhibits representing that the parties agree that such withdrawal renders Plaintiff's Motion to Strike moot. Signed by Magistrate Judge Sean P. Flynn on 10/3/2018. (CKR)
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| Filing 87 NOTICE of Withdrawal of Exhibits Rendering Plaintiffs' Motion to Strike (Dkt. 75) Moot, by Mattress Firm, Inc. re #72 Notice (Other), #75 MOTION to Strike #72 Notice (Other) , #76 Notice (Other) (Bassel Frick, Irene) Modified text on 10/3/2018 (KMM). |
| Filing 86 RESPONSE in Opposition re #42 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction filed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit A)(Whitehead, Sara) |
| Filing 85 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Melissa Pierson. (Pierson, Melissa) |
| Filing 84 TRANSCRIPT of Preliminary Injunction Hearing held on 9/25/2018 before Judge Sean P. Flynn. Court Reporter/Transcriber Melissa Pierson,Telephone number (813) 301-5336. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 10/22/2018, Redacted Transcript Deadline set for 11/1/2018, Release of Transcript Restriction set for 12/31/2018. (Pierson, Melissa) |
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Filing 83
ENDORSED ORDER granting the joint motion to extend. (Doc. #82 ). Sinomax USA's response to the Complaint is now due October 11, 2018. Plaintiffs' response to Sinomax Group's pending motion to dismiss is now due October 18, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/27/2018. (DMD)
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| Filing 82 Joint MOTION to extend time to file answer to Plaintiffs' Complaint and for Plaintiffs to file a response to Defendant Sinomax Group Limited's Motion to Dismiss for Lack of Personal Jurisdiction by Sinomax USA Inc.. (Mari, Frank) Modified relief and text on 9/27/2018 (KMM). |
| Filing 81 NOTICE by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC re #8 MOTION for preliminary injunction Filing their PowerPoint Presentation Used as a Demonstrative Aid in Support of Their Motion for Preliminary Injunction (Attachments: #1 Exhibit A)(Whitehead, Sara) |
| Filing 80 CERTIFICATE of interested persons and corporate disclosure statement by Mattress Firm, Inc. identifying Other Affiliate Steinhoff International Holdings N.V. for Mattress Firm, Inc... (Bassel Frick, Irene) |
| Filing 79 NOTICE by Mattress Firm, Inc. (DEFENDANT MATTRESS FIRM, INC.'S NOTICE OF FILING POWERPOINT PRESENTATION) (Attachments: #1 Exhibit 1)(Bassel Frick, Irene) |
| Filing 77 Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: Preliminary Injunction Hearing held on 9/25/2018. Court Reporter: Melissa Pierson (EJC) |
| Filing 76 NOTICE by Mattress Firm, Inc. (DEFENDANT MATTRESS FIRM, INC.'S NOTICE OF FILING DECLARATION OF JODY PUTNAM FILED IN SUPPORT OF MATTRESS FIRM, INC.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION) (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Bassel Frick, Irene) |
| Filing 75 MOTION to Strike #72 Notice (Other) by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whitehead, Sara) |
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Filing 74
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 9, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/25/2018. (DMD)
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| Filing 73 NOTICE by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC of Filing Declarations of Stephanie Doussard, Jeremy Schachter and John D. Barksdale as to the Additional Photographs Filed in Support of Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Whitehead, Sara) |
| Filing 72 NOTICE by Mattress Firm, Inc. re #66 Order on Motion for Miscellaneous ReliefOrder on Motion to Quash (Mattress Firm, Inc.'s Notice of Filing Additional Images) (Attachments: #1 Exhibit Attachment 1- Additional Images, #2 Exhibit Attachment 2 - Putnam - Exhibit A, #3 Exhibit Attachment 3 - Putnam - Exhibit B, #4 Exhibit Attachment 4 - Putnam - Exhibit C)(Martin, Richard) |
| Filing 71 NOTICE by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC of Filing Additional Photographs as Evidence in Support of Their Motion for Preliminary Injunction (Attachments: #1 Exhibit A)(Whitehead, Sara) |
| Filing 70 NOTICE of compliance re #33 Compliance notice Of Filing an Affirmation and Certification of Service as To Defendant Sinomax Group Limited in Support of their Notice of Compliance by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC (Attachments: #1 Exhibit A, #2 Exhibit A)(Whitehead, Sara) |
| Filing 69 NOTICE by Sinomax Group Limited, Sinomax USA Inc. re #54 Notice (Other) of Resolution of Scheduling Conflict for September 25, 2018 Hearing (Mari, Frank) |
| Filing 68 NOTICE to the Courts to take judicial notice regarding #67 MOTION to Dismiss Plaintiff's Complaint by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1)(Martin, Richard) |
| Filing 67 MOTION to Dismiss Plaintiff's Complaint and, alternatively, MOTION for More Definite Statement by Mattress Firm, Inc.. (Attachments: #1 Exhibit Composite Exhibit 1)(Martin, Richard) . Modified relief and text on 9/24/2018 (KMM). |
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Filing 66
ORDER denying #47 Plaintiffs' Motion to Permit Use of Exemplar Mattresses and other Demonstrative Aids at Preliminary Injunction Hearing; denying as moot #49 Defendant Mattress Firm, Inc.'s Motion to Quash Subpoena under Rule 45(d)(3). See Order for further details. Signed by Magistrate Judge Sean P. Flynn on 9/21/2018. (NCR)
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| Filing 64 Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: MOTION HEARING held on 9/21/2018 re #49 MOTION to quash SUBPOENA UNDER RULE 45(d)(3) filed by Mattress Firm, Inc., #47 MOTION for miscellaneous relief, specifically to Permit Use of Exemplar Mattresses and Other Demonstrative Aids at the Preliminary Injunction Hearing filed by Tempur-Pedic Management, LLC., Dan-Foam ApS, Tempur-Pedic North America, LLC. (DIGITAL) (EJC) |
| Filing 63 RESPONSE in Opposition re #47 MOTION for miscellaneous relief, specifically to Permit Use of Exemplar Mattresses and Other Demonstrative Aids at the Preliminary Injunction Hearing filed by Sinomax Group Limited, Sinomax USA Inc.. (Mari, Frank) |
| Filing 62 RESPONSE in Opposition re #47 MOTION for miscellaneous relief, specifically to Permit Use of Exemplar Mattresses and Other Demonstrative Aids at the Preliminary Injunction Hearing filed by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1)(Bassel Frick, Irene) |
| Filing 61 RESPONSE in Opposition re #8 MOTION for preliminary injunction filed by Sinomax Group Limited, Sinomax USA Inc.. (Mari, Frank) |
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Filing 60
ENDORSED ORDER granting #55 motion to appear pro hac vice. Attorneys Jaison C. John and Terry D. Morgan may appear pro hac vice on behalf of Defendant Sinomax USA Inc., with Attorney Frank M. Mari designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 9/21/2018. (NCR)
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| Filing 59 JOINDER in motion by Sinomax Group Limited, Sinomax USA Inc. re #49 MOTION to quash SUBPOENA UNDER RULE 45(d)(3) filed by Mattress Firm, Inc. and #48 Objections to Declaration and Supplemental Declaration of Richard W. Anderson and Certain Documentary Evidence and Motion to Stike filed by Mattress Firm, Inc.. (Mari, Frank) |
| Filing 58 NOTICE of pendency of related cases per Local Rule 1.04(d) by Sinomax Group Limited, Sinomax USA Inc.. Related case(s): yes (Mari, Frank) |
| Filing 57 CERTIFICATE of interested persons and corporate disclosure statement by Sinomax Group Limited, Sinomax USA Inc.. (Mari, Frank) |
| Filing 56 *** Terminated- Counsel notified to re-file using the event Joinder in Motion *** NOTICE by Sinomax Group Limited, Sinomax USA Inc. re #49 MOTION to quash SUBPOENA UNDER RULE 45(d)(3) , #48 Objection (Mari, Frank) Modified text and NEF regenerated on 9/21/2018 (KMM). |
| Filing 55 Unopposed MOTION for JAISON C. JOHN and TERRY D. MORGAN to appear pro hac vice by Sinomax Group Limited, Sinomax USA Inc.. (Mari, Frank) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 54 NOTICE by Sinomax Group Limited, Sinomax USA Inc. of Scheduling Conflict for September 25, 2018 Hearing (Attachments: #1 Exhibit 1 - Order Setting Oral Argument in Elite Amenities, Inc. v. Julington Creek Plantation Community Development District, #2 Exhibit 2 - Notice of Rescheduling Hearing (as to Time Only) in Elite Amenities, Inc. v. Julington Creek Plantation Community Development District)(Mari, Frank) |
| Filing 53 MOTION to Dismiss for Lack of Personal Jurisdiction by Sinomax Group Limited. (Mari, Frank) |
| Filing 52 NOTICE of Appearance by Frank Mari on behalf of Sinomax Group Limited, Sinomax USA Inc. (Mari, Frank) |
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Filing 51
ORDER: Defendant Mattress Firm, Inc.'s Motion to Transfer Case Under First-Filed Rule, or in the Alternative, Motion to Transfer Venue under 28 U.S.C. 1404 (Doc. #32 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 9/20/2018. (DMD)
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| Filing 50 NOTICE of hearing on motion re #47 MOTION for miscellaneous relief, specifically to Permit Use of Exemplar Mattresses and Other Demonstrative Aids at the Preliminary Injunction Hearing , #49 MOTION to quash SUBPOENA UNDER RULE 45(d)(3) . Motion Hearing set for 9/21/2018 at 02:00 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. The parties may appear telephonically at the hearing by calling toll-free number 1-888-398-2342 on the day of the hearing and entering access code 1502064 followed by security code 182147 when prompted.(NCR) |
| Filing 49 MOTION to quash SUBPOENA UNDER RULE 45(d)(3) by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1)(Bassel Frick, Irene) |
| Filing 48 OBJECTION re #9 Memorandum in support, #8 MOTION for preliminary injunction (OBJECTIONS TO DECLARATION AND SUPPLEMENTAL DECLARATION OF RICHARD W. ANDERSON AND CERTAIN DOCUMENTARY EVIDENCE AND MOTION TO STRIKE) by Mattress Firm, Inc. by Mattress Firm, Inc.. (Bassel Frick, Irene) |
| Filing 47 MOTION for miscellaneous relief, specifically to Permit Use of Exemplar Mattresses and Other Demonstrative Aids at the Preliminary Injunction Hearing by All Plaintiffs. (Whitehead, Sara) |
| Filing 46 NOTICE of Appearance by Jillian Margaret Askren on behalf of Ther-A-Pedic Associates, Inc. (Askren, Jillian) |
| Filing 45 RESPONSE in Opposition re #8 MOTION for preliminary injunction filed by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Bassel Frick, Irene) |
| Filing 44 RESPONSE in Opposition re #8 MOTION for preliminary injunction filed by Ther-A-Pedic Associates, Inc.. (Attachments: #1 Exhibit Declaration of Gerry Borreggine)(Torres, Christopher) |
| Filing 43 RESPONSE in Opposition re #32 MOTION to transfer case UNDER FIRST-FILED RULE, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE UNDER 28 U.S.C. 1404 - Plaintiffs' Opposition to Defendant Mattress Firm, Inc.'s Motion to Transfer filed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Whitehead, Sara) |
| Filing 42 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction by Ther-A-Pedic Associates, Inc.. (Attachments: #1 Exhibit A - Declartation of Gerry Borreggine)(Torres, Christopher) |
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Filing 41
ENDORSED ORDER denying #34 Defendant's Mattress Firm Motion to postpone the preliminary injunction hearing before Magistrate Judge Flynn scheduled for September 25, 2018. The hearing will be held as scheduled. Signed by Magistrate Judge Sean P. Flynn on 9/14/2018. (NCR)
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Filing 40
ENDORSED ORDER granting #39 Motion for Leave to File Excess Pages. Defendant's response to the motion for preliminary injunction may not exceed twenty-five (25) pages. Signed by Magistrate Judge Sean P. Flynn on 9/13/2018. (NCR)
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| Filing 39 Unopposed MOTION for Leave to File Excess Pages by Mattress Firm, Inc.. (Bassel Frick, Irene) |
| ***PRO HAC VICE FEES paid Mattress Firm, Inc. (Filing fee $150 receipt number tpa053028.) Related document: #28 Unopposed MOTION for John B. Thomas, Esquire to appear pro hac vice. (ARC) |
| ***PRO HAC VICE FEES paid Mattress Firm, Inc. (Filing fee $150 receipt number tpa053028.) Related document: #27 Unopposed MOTION for Robin L. Harrison, Esquire to appear pro hac vice. (ARC) |
| Filing 38 RESPONSE in Opposition re #34 MOTION to Expedite (MATTRESS FIRM, INC.'S OPPOSED MOTION TO REQUIRE EXPEDITED RESPONSE ON MATTRESS FIRM'S MOTION TO TRANSFER CASE AND MOTION FOR EXPEDITED RULING) - Plaintiffs' Response to Mattress Firm's Request to Postpone or Cancel the September 25, 2018 Preliminary Injunction Hearing filed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Whitehead, Sara) |
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Filing 37
ENDORSED ORDER granting #31 motion to appear pro hac vice. Attorney Brandon L. Bigelow may appear pro hac vice on behalf of the plaintiffs, with Attorney Suzanne Barto Hill designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with electronic filing requirement and file a notice of compliance with said requirement. Signed by Magistrate Judge Sean P. Flynn on 9/12/2018. (NCR)
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| Filing 36 NOTICE of supplemental authority re #33 Compliance notice of Filing An Affirmation and Certification of Service as to Defendant Sinomax Group Limited in Support of Their Notice of Compliance by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit A)(Whitehead, Sara) |
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Filing 35
ENDORSED ORDER: Defendant Mattress Firm has filed a motion (Doc. #34 ), seeking to (1) expedite Plaintiffs' deadline to respond to the motion to transfer to September 17, 2018 and (2) postpone the preliminary injunction hearing before Magistrate Judge Flynn scheduled for September 25, 2018, until after the motion to transfer is ruled on. Mattress Firm represents that Plaintiffs consent to filing their response by September 17 but oppose rescheduling the September 25 hearing. The Court grants the motion to the extent the Court directs Plaintiffs to respond to the motion to transfer by September 17, 2018. However, the Court refers the motion to Magistrate Judge Flynn to the extent the motion seeks to reschedule the preliminary injunction hearing. Signed by Judge Virginia M. Hernandez Covington on 9/11/2018. (DMD)
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| Filing 34 MOTION to Expedite (MATTRESS FIRM, INC.'S OPPOSED MOTION TO REQUIRE EXPEDITED RESPONSE ON MATTRESS FIRM'S MOTION TO TRANSFER CASE AND MOTION FOR EXPEDITED RULING) by Mattress Firm, Inc.. (Bassel Frick, Irene) |
| ***PRO HAC VICE FEES paid Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC (Filing fee $150 receipt number TPA052987.) Related document: #31 Unopposed MOTION for Brandon L. Bigelow to appear pro hac vice. (EA) |
| Filing 33 NOTICE of compliance re #26 Order, #23 Order Setting Hearing on Motion - Plaintiffs' Notice of Compliance with the Court's Orders Regarding Service of Pleadings and Papers by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whitehead, Sara) |
| Filing 32 MOTION to transfer case UNDER FIRST-FILED RULE, OR IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE UNDER 28 U.S.C. 1404 by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Bassel Frick, Irene) |
| Filing 31 Unopposed MOTION for Brandon L. Bigelow to appear pro hac vice by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Hill, Suzanne) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 30
ENDORSED ORDER granting #27 motion to appear pro hac vice; granting #28 motion to appear pro hac vice. Attorneys John B. Thomas and Robin L. Harrison may appear pro hac vice on behalf of Defendant Mattress Firm, Inc., with Attorneys Irene Bassel Frick and Richard Martin designated as local counsels pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsels shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 9/10/2018. (NCR)
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| Filing 29 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Mattress Firm, Inc.. Related case(s): yes (Bassel Frick, Irene) |
| ***PRO HAC VICE FEES paid Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC (Filing fee $150 receipt number TPA052886.) Related document: #21 MOTION for Edward Maluf to appear pro hac vice. (EA) |
| ***PRO HAC VICE FEES paid Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC (Filing fee $150 receipt number TPA052886.) Related document: #22 MOTION for Jeremy Schachter to appear pro hac vice. (EA) |
| Filing 28 Unopposed MOTION for John B. Thomas, Esquire to appear pro hac vice by Mattress Firm, Inc.. (Bassel Frick, Irene) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 27 Unopposed MOTION for Robin L. Harrison, Esquire to appear pro hac vice by Mattress Firm, Inc.. (Bassel Frick, Irene) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 26
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/5/2018. (TWL)
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| Filing 25 NOTICE of pendency of related cases per Local Rule 1.04(d) by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. Related case(s): no (Whitehead, Sara) |
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Filing 24
ORDER granting #21 motion to appear pro hac vice; granting #22 motion to appear pro hac vice. Attorneys Edward Maluf and Jeremy Schachter may appear pro hac vice on behalf of Plaintiffs, with Attorney Suzanne Barto Hill designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 9/4/2018. (NCR)
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Filing 23
ORDER Setting Hearing on Motion #8 MOTION for preliminary injunction: Motion Hearing set for 9/25/2018 at 02:00 PM in Tampa Courtroom 11B before Magistrate Judge Sean P. Flynn. See Order for further details. Signed by Magistrate Judge Sean P. Flynn on 9/4/2018. (NCR)
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| Filing 22 MOTION for Jeremy Schachter to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Exhibit)(Whitehead, Sara) Motions referred to Magistrate Judge Sean P. Flynn. Modified image and text on 9/4/2018 (KMM).*** Attachment removed- not to be filed on CM/ECF *** |
| Filing 21 MOTION for Edward Maluf to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Exhibit )(Whitehead, Sara) Motions referred to Magistrate Judge Sean P. Flynn. Modified image and text on 9/4/2018 (KMM). *** Attachment removed- not to be filed on CM/ECF *** |
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Filing 20
ORDER: Plaintiffs Tempur-Pedic North America, LLC, Tempur-Pedic Management, LLC, and Dan-Foam ApS's Renewed Motion for Temporary Restraining Order (Doc. #14 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 8/31/2018. (DMD)
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| Filing 19 NOTICE by Mattress Firm, Inc. re #18 Response in Opposition to Motion NOTICE OF FILING EXHIBITS IN SUPPORT OF MATTRESS FIRM, INC.'S RESPONSE IN OPPOSITION TO PLAINTIFFS' RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER (Attachments: #1 Exhibit A, #2 Exhibit B)(Bassel Frick, Irene) |
| Filing 18 RESPONSE in Opposition re #14 MOTION for temporary restraining order and Certification of Compliance with FRCP 65(b)(1)(B) - Renewed filed by Mattress Firm, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bassel Frick, Irene) |
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Filing 17
ENDORSED ORDER: Plaintiffs have filed a renewed motion for temporary restraining order against Defendant Mattress Firm. (Doc. #14 ). At approximately 11:50 am today, counsel for Defendants called chambers to express their intention to appear and respond to the motion at some time today. Because the motion for temporary restraining order seeks to enjoin Mattress Firm from selling its allegedly infringing mattresses over the impending Labor Day weekend, the Court finds it necessary to rule on the motion today. Accordingly, if Defendants wish to respond to the motion for temporary restraining order, they must file their response on the docket by 3:00 pm today. If none is filed by that time, the Court will rule on the motion for temporary restraining order without the benefit of a response. Signed by Judge Virginia M. Hernandez Covington on 8/31/2018. (DMD)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC identifying Corporate Parent Tempur Sealy International, Inc. for Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC.. (Whitehead, Sara) |
| Filing 15 DECLARATION of Joseph M. Kamer re #14 MOTION for temporary restraining order and Certification of Compliance with FRCP 65(b)(1)(B) - Renewed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit A)(Whitehead, Sara) |
| Filing 14 MOTION for temporary restraining order and Certification of Compliance with FRCP 65(b)(1)(B) - Renewed by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Whitehead, Sara) |
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Filing 13
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/29/2018. (TWL)
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Filing 12
ORDER: Plaintiffs Tempur-Pedic North America, LLC, Tempur-Pedic Management, LLC, and Dan-Foam ApS's Motion for Temporary Restraining Order (Doc. #7 ) is DENIED. Plaintiffs' Motion for Preliminary Injunction (Doc. #8 ) is referred to the Honorable Sean P. Flynn, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 8/29/2018. (DMD)
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| Filing 11 DECLARATION of Richard W. Anderson re #9 Memorandum in support, #7 MOTION for temporary restraining order , #8 MOTION for preliminary injunction , #10 Declaration by Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Hill, Suzanne) |
| Filing 10 DECLARATION of Richard W. Anderson re #8 MOTION for preliminary injunction , #9 Memorandum in support, #7 MOTION for temporary restraining order by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Hill, Suzanne) |
| Filing 9 MEMORANDUM in support re #7 Motion for temporary restraining order, #8 Motion for preliminary injunction filed by Dan-Foam ApS, Tempur-Pedic Management, LLC., Tempur-Pedic North America, LLC. (Attachments: #1 Exhibit 1-4, #2 Text of Proposed Order)(Hill, Suzanne) |
| Filing 8 MOTION for preliminary injunction by All Plaintiffs. (Hill, Suzanne) |
| Filing 7 MOTION for temporary restraining order by All Plaintiffs. (Hill, Suzanne) |
| Filing 6 Trademark Report sent to Alexandria, VA. (Attachments: #1 Copy of Complaint) (EA) |
| Filing 5 SUMMONS issued as to Sinomax Group Limited. (EA) |
| Filing 4 SUMMONS issued as to Ther-A-Pedic Associates, Inc.. (EA) |
| Filing 3 SUMMONS issued as to Sinomax USA Inc.. (EA) |
| Filing 2 SUMMONS issued as to Mattress Firm, Inc.. (EA) |
| Filing 1 COMPLAINT against Mattress Firm, Inc., Sinomax Group Limited, Sinomax USA Inc., Ther-A-Pedic Associates, Inc. with Jury Demand (Filing fee $ 400 receipt number TPA052741) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(EA) |
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