Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al

Plaintiff: Aviva Sports, Inc.
Defendant: Menard, Inc., Kmart Corporation, Aquawood, L.L.C., Manley Toys, Ltd., Fingerhut Direct Marketing, Inc. and Wal-Mart Stores, Inc.
Petitioner: Manley Toy Direct L.L.C.
Case Number: 4:2018cv00434
Filed: November 8, 2018
Court: Iowa Southern District Court
0 Judge: Helen C Adams
1 Judge: James E Gritzner
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1963
Jury Demanded By: None

Docket Report

This docket was last retrieved on November 8, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
November 8, 2018 43 BRIEF Response to Objections to Order Denying Motion to Set Aside Judgment by Aviva Sports, Inc. re #41 Objection . (Sugimura, Derek)
November 8, 2018 Senior Judge James E. Gritzner and Chief Magistrate Judge Helen C. Adams added. (kjw)
November 8, 2018 42 Case transferred in from District of Iowa Southern; Case Number 4:15-mc-00040. Original file certified copy of transfer order and docket sheet received.
October 26, 2018 Senior Judge James E. Gritzner and Chief Magistrate Judge Helen C. Adams added. Chief Magistrate Judge Helen C. Adams no longer assigned to case. (don)
October 25, 2018 41 OBJECTIONS to #40 Order on Motion to Set Aside Judgment by Manley Toy Direct L.L.C.. (Attachments: #1 Exhibit Notice of Garnishment and Interrogatories)(Smith, Patrick)
October 12, 2018 40 Featured Case ORDER denying #22 Manley Toy Direct's Motion to Set Aside Default Judgment. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 10/12/2018. (kln)
July 30, 2018 39 TRANSCRIPT of Proceedings re 38 Motion Hearing, held on 6/19/2018 before Judge Adams. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-38. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 8/23/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (Martin, Terri)
June 19, 2018 38 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Motion hearing held on 6/19/2018. Attorneys Stephen Weisbrod and Bryan ONeill appeared for plaintiff. Attorney Patrick Smith appeared for defendant. Oral argument on MTDs motion to set aside default judgment #22 . Separate order to follow. Total Court Time: 1 hour. (Court Reporter Terri Martin.) (kln)
June 4, 2018 37 TEXT ORDER Setting Hearing on Motion #22 MOTION to Set Aside Judgment : In-person Motion Hearing set for 6/19/2018 at 03:00 PM in Des Moines - Room 455 - 4th Floor South before Chief Magistrate Judge Helen C. Adams. Counsel are notified the courtroom location for this hearing may change but the Court will advise via email if that occurs. Signed by Chief Magistrate Judge Helen C. Adams on 6/4/2018. (kln)
June 4, 2018 36 TEXT ORDER granting #35 Aviva's Motion for Leave to File Surreply. Aviva has shown good cause for the surreply. The Court will consider the surreply [35-1] attached to the motion. No further briefing requests by either party will be granted. Signed by Chief Magistrate Judge Helen C. Adams on 6/4/2018. (kln)
June 1, 2018 35 MOTION for Leave to File Surreply by Aviva Sports, Inc.. Responses due by 6/15/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Proposed Surreply, #2 Proposed Order)(Sugimura, Derek)
May 24, 2018 34 TEXT ORDER: ORDER granting #33 MTD's motion to file overlength brief. The Reply brief and materials attached to the motion shall stand in the record as filed at [33-1] through [33-6]. Signed by Chief Magistrate Judge Helen C. Adams on 5/24/2018.(kln)
May 24, 2018 33 MOTION to file overlength brief by Manley Toy Direct L.L.C.. Responses due by 6/7/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: #1 Brief in Support MTD's Reply to Plaintiff's Resistance to Motion to Set Aside Default Judgment, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Smith, Patrick) Modified on 5/25/2018 linked to motion #22 (don).
May 14, 2018 32 TEXT ORDER: ORDER granting #31 MTD's motion to extend deadline to reply (unopposed). MTD shall have to and including 5/25/2018 to file its reply to its motion to set aside default judgment #22 . Signed by Chief Magistrate Judge Helen C. Adams on 5/14/2018.(kln)
May 14, 2018 31 Unresisted MOTION for Extension of Time to File Reply by Manley Toy Direct L.L.C.. Responses due by 5/29/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Smith, Patrick)
May 11, 2018 30 RESPONSE to Motion re #22 MOTION to Set Aside Judgment filed by Aviva Sports, Inc.. Replies due by 5/18/2018. (Attachments: #1 Affidavit of D. Sugimura, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Sugimura, Derek)
May 2, 2018 29 TEXT ORDER granting #25 Motion for Leave to Appear Pro Hac Vice Stephen A. Weisbrod. Signed by Clerk of Court John Courter on 5/2/2018. (kjw)
April 30, 2018 28 TEXT ORDER granting in part and denying in part #27 ASI's Motion for Extension of Time to File Resistance to Motion to Set Aside Judgment. The deadline to file a resistance to Manley Toy Direct's motion to set aside default judgment #22 is extended to 5/11/2018. ASI's request for discovery will be considered in conjunction with the ruling on the motion to set aside judgment. Signed by Chief Magistrate Judge Helen C. Adams on 4/30/2018. (kln)
April 27, 2018 27 MOTION for Extension of Time to File (Expedited) by Aviva Sports, Inc.. Responses due by 5/11/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: #1 Decl. of D. Sugimura, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Sugimura, Derek)
April 26, 2018 26 TEXT ORDER granting #23 Motion for Leave to Appear Pro Hac Vice Derek Y. Sugimura; granting #24 Motion for Leave to Appear Pro Hac Vice Shelli L. Calland. Signed by Clerk of Court John Courter on 4/26/2018. (kjw)
April 24, 2018 25 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3481315 Fee paid in the amount of $75. by Aviva Sports, Inc.. (O'Neill, Bryan)
April 24, 2018 24 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3481309 Fee paid in the amount of $75. by Aviva Sports, Inc.. (O'Neill, Bryan)
April 24, 2018 23 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3481303 Fee paid in the amount of $75. by Aviva Sports, Inc.. (O'Neill, Bryan)
April 20, 2018 22 MOTION to Set Aside Judgment by Manley Toy Direct LLC. Responses due by 5/4/2018. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Attachments: #1 Brief in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Statement of Reason)(Smith, Patrick) Modified on 5/14/2018, corrected party/filer (kjw).
February 24, 2016 21 Writ of Garnishment Issued (mlp, )
February 19, 2016 20 MOTION for Writ of Execution by Aviva Sports, Inc.. (Attachments: #1 Writ of General Execution)(O'Neill, Bryan)
February 9, 2016 18 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #17 Judgment, #16 Order on Motion for Order to Show Cause (O'Neill, Bryan)
February 1, 2016 17 JUDGMENT in favor of Aviva Sports, Inc. against Manley Toys, Ltd.. Signed by Magistrate Judge Helen C. Adams on 2/1/2016. (ml) Modified on 2/3/2016 to fix the date the order was signed (ml).
February 1, 2016 16 Featured Case ORDER granting #12 plaintiff's Motion for Order to Show Cause. Judgment to be entered as set out in order. Signed by Magistrate Judge Helen C. Adams on 2/1/2016. (kln)
January 28, 2016 15 Minute Entry for proceedings held before Magistrate Judge Helen C. Adams: Show Cause Hearing held on 1/28/2016. (Court Reporter Kelli Mulcahy.) (tak, )
January 6, 2016 14 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #13 Order to Show Cause, #12 MOTION for Order to Show Cause (O'Neill, Bryan)
December 23, 2015 13 Featured Case ORDER TO SHOW CAUSE: Show Cause Hearing set for 1/28/2016 at 11:00 AM in Des Moines - Room 460 - 4th Floor North before Magistrate Judge Helen C. Adams. See order for particulars. Signed by Magistrate Judge Helen C. Adams on 12/23/2015. (kln)
December 23, 2015 12 MOTION for Order to Show Cause by Aviva Sports, Inc.. Responses due by 1/11/2016 (Attachments: #1 Exhibit 1, #2 Brief in Support of Motion, #3 Declaration of Derek Y. Sugimura)(O'Neill, Bryan)
December 11, 2015 11 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #9 Order on Motion for Miscellaneous Relief, (O'Neill, Bryan)
December 11, 2015 10 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #7 MOTION Require Garnishee to Answer Judgment Creditor's Garnishment Interrogatories and Related Papers (O'Neill, Bryan)
December 7, 2015 9 Featured Case ORDER granting #7 Motion to Require Garnishee to Answer Judgment Creditor's Garnishment Interrogatories and Related Papers. See order for particulars. Judgment Creditor responsible for service of order and filing proof of service. Signed by Magistrate Judge Helen C. Adams on 12/7/2015. (kln)
December 7, 2015 8 Letter from Court to counsel: advising of prior affiliation. Letter faxed to counsel on 12/7/2015. (kln)
December 7, 2015 7 MOTION Require Garnishee to Answer Judgment Creditor's Garnishment Interrogatories and Related Papers by Aviva Sports, Inc.. Responses due by 12/24/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Brief in Support of Motion)(O'Neill, Bryan)
October 28, 2015 6 Writ Issued (Eratta #4 ) (jm)
October 28, 2015 5 Errata Writ of General Execution re #3 Motion for Writ filed by Aviva Sports, Inc.. (O'Neill, Bryan)
October 22, 2015 4 Writ Issued (jm)
October 22, 2015 3 MOTION for Writ of Execution by Aviva Sports, Inc.. (Attachments: #1 Order to Levy)(O'Neill, Bryan)
September 29, 2015 2 NOTICE by Aviva Sports, Inc. Praecipe Request for Execution (O'Neill, Bryan)
September 18, 2015 Filing fee: $ 46.00, receipt number IAS40014668 for Out of District Judgment by Aviva Sports, Inc. (don, )
September 18, 2015 Magistrate Judge Helen C. Adams added. (don, )
September 18, 2015 1 Miscellaneous Case filed, filed by Aviva Sports, Inc.. Out of District Judgment (Attachments: #1 Minnesota Judgment) (don, )

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Search for this case: Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al
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Defendant: Menard, Inc.
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Defendant: Kmart Corporation
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Defendant: Aquawood, L.L.C.
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Defendant: Manley Toys, Ltd.
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Defendant: Fingerhut Direct Marketing, Inc.
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Defendant: Wal-Mart Stores, Inc.
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Petitioner: Manley Toy Direct L.L.C.
Represented By: Patrick D Smith
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Plaintiff: Aviva Sports, Inc.
Represented By: Shelli L. Calland
Represented By: Thomas D Hanson
Represented By: Bryan Patrick O'Neill
Represented By: Stephen A. Weisbrod
Represented By: Derek Yoshio Sugimura
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