Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al
| Aviva Sports, Inc. |
| Menard, Inc., Kmart Corporation, Aquawood, L.L.C., Manley Toys, Ltd., Fingerhut Direct Marketing, Inc. and Wal-Mart Stores, Inc. |
| Manley Toy Direct L.L.C. |
| 4:2018cv00434 |
| November 8, 2018 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| James E Gritzner |
| Other Statutory Actions |
| 28 U.S.C. § 1963 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 REPLY to re #43 Brief/Other Reply to Aviva's Response to Objections by Manley Toy Direct L.L.C.. (Smith, Patrick) |
| Filing 43 BRIEF Response to Objections to Order Denying Motion to Set Aside Judgment by Aviva Sports, Inc. re #41 Objection . (Sugimura, Derek) |
| Filing 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. |
| Senior Judge James E. Gritzner and Chief Magistrate Judge Helen C. Adams added. (kjw) |
| 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) |
| Filing 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) |
Filing 40
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)
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| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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). |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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) |
| Filing 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). |
| Filing 21 Writ of Garnishment Issued (mlp, ) |
| Filing 20 MOTION for Writ of Execution by Aviva Sports, Inc.. (Attachments: #1 Writ of General Execution)(O'Neill, Bryan) |
| Filing 18 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #17 Judgment, #16 Order on Motion for Order to Show Cause (O'Neill, Bryan) |
| Filing 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). |
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Filing 16
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)
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| Filing 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, ) |
| Filing 14 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #13 Order to Show Cause, #12 MOTION for Order to Show Cause (O'Neill, Bryan) |
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Filing 13
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)
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| Filing 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) |
| Filing 11 CERTIFICATE OF SERVICE by Aviva Sports, Inc. re #9 Order on Motion for Miscellaneous Relief, (O'Neill, Bryan) |
| Filing 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) |
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Filing 9
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)
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| Filing 8 Letter from Court to counsel: advising of prior affiliation. Letter faxed to counsel on 12/7/2015. (kln) |
| Filing 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) |
| Filing 6 Writ Issued (Eratta #4 ) (jm) |
| Filing 5 Errata Writ of General Execution re #3 Motion for Writ filed by Aviva Sports, Inc.. (O'Neill, Bryan) |
| Filing 4 Writ Issued (jm) |
| Filing 3 MOTION for Writ of Execution by Aviva Sports, Inc.. (Attachments: #1 Order to Levy)(O'Neill, Bryan) |
| Filing 2 NOTICE by Aviva Sports, Inc. Praecipe Request for Execution (O'Neill, Bryan) |
| Filing 1 Miscellaneous Case filed, filed by Aviva Sports, Inc.. Out of District Judgment (Attachments: #1 Minnesota Judgment) (don, ) |
| Magistrate Judge Helen C. Adams added. (don, ) |
| Filing fee: $ 46.00, receipt number IAS40014668 for Out of District Judgment by Aviva Sports, Inc. (don, ) |
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