Zinus Inc. v. Classic Brands, LLC
Plaintiff: Zinus Inc.
Defendant: Classic Brands, LLC
Case Number: 1:2019cv02901
Filed: October 3, 2019
Court: US District Court for the District of Maryland
Presiding Judge: Stephanie A Gallagher
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2019 Filing 60 Local Rule 103.3 Disclosure Statement by Zinus Inc. identifying Corporate Parent Zinus, Inc. for Zinus Inc..(Krauss, Gregory)
November 14, 2019 Opinion or Order Filing 59 JOINT SCHEDULING ORDER. Signed by Judge Stephanie A. Gallagher on 11/14/2019. (kw2s, Deputy Clerk)
November 14, 2019 Opinion or Order Filing 58 PAPERLESS ORDER confirming the agreement the parties reached during the telephonic scheduling conference held today. Plaintiff shall file its Opposition to Defendant's Motion for Discovery Under Rule 56(d), ECF 37, on or before December 3, 2019. Defendant shall file its Reply on or before December 17, 2019. The Court will set a schedule for briefing Plaintiff's Motion for Partial Summary Judgment, ECF 24, after considering Defendant's Motion for Discovery. Signed by Judge Stephanie A. Gallagher on 11/14/2019. (kw4s, Chambers)
November 14, 2019 Telephone Status Conference held on 11/14/2019 before Judge Stephanie A. Gallagher. (kw2s, Deputy Clerk)
November 8, 2019 Filing 57 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Proposed Joint Scheduling Order)(Krauss, Gregory)
October 24, 2019 Filing 56 PAPERLESS ORDER granting #54 Motion to Appear Pro Hac Vice on behalf of Michael Nesheiwat. Directing attorney Michael Nesheiwat to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/24/2019. (srd, Deputy Clerk)
October 23, 2019 Filing 55 PLAINTIFF AND COUNTERDEFENDANT ZINUS, INC.S FIRST AMENDED ANSWER to Complaint / Counterclaims of Classic Brands, LLC by Zinus Inc..(Krauss, Gregory)
October 23, 2019 Filing 54 MOTION to Appear Pro Hac Vice for Michael Nesheiwat (Filing fee $100, receipt number 0416-8307016.) by Classic Brands, LLC(Tiller, Steven)
October 22, 2019 Filing 53 PAPERLESS ORDER granting #52 Motion to Appear Pro Hac Vice on behalf of Jeffrey Lindenbaum. Directing attorney Jeffrey Lindenbaum to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/22/2019. (srd, Deputy Clerk)
October 21, 2019 Filing 52 MOTION to Appear Pro Hac Vice for Jeffrey A. Lindenbaum (Filing fee $100, receipt number 0416-8303504.) by Classic Brands, LLC(Tiller, Steven)
October 21, 2019 Filing 51 NOTICE of Appearance by Steven Edward Tiller on behalf of Classic Brands, LLC (Tiller, Steven)
October 15, 2019 Filing 50 PAPERLESS ORDER granting #47 Motion to Appear Pro Hac Vice on behalf of Thomas Lester Wallace. Directing attorney Thomas Lester Wallace to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk)
October 15, 2019 Filing 49 PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice on behalf of Darien K Wallace. Directing attorney Darien K Wallace to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk)
October 15, 2019 Filing 48 PAPERLESS ORDER granting #45 Motion to Appear Pro Hac Vice on behalf of Andrew C Palmer. Directing attorney Andrew C Palmer to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk)
October 10, 2019 Filing 47 MOTION to Appear Pro Hac Vice for Thomas Lester Wallace (Filing fee $100, receipt number 0416-8286464.) by Zinus Inc.(Krauss, Gregory)
October 10, 2019 Filing 46 MOTION to Appear Pro Hac Vice for Darien K. Wallace (Filing fee $100, receipt number 0416-8286459.) by Zinus Inc.(Krauss, Gregory)
October 10, 2019 Filing 45 MOTION to Appear Pro Hac Vice for Andrew C. Palmer (Filing fee $100, receipt number 0416-8286457.) by Zinus Inc.(Krauss, Gregory)
October 10, 2019 Filing 44 NOTICE of Appearance by Gregory A Krauss on behalf of Zinus Inc. (Krauss, Gregory)
October 7, 2019 Filing 43 Correspondence re: Transfer Letter sent to Counsel.(c/em 10/7/19 bmhs, Deputy Clerk)
October 7, 2019 Filing 42 Case transferred in from District of California Central; Case Number 2:19-cv-05455. Original file certified copy of transfer order and docket sheet received.
October 3, 2019 Filing 41 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm)
October 3, 2019 Filing 40 MINUTES (IN CHAMBERS) The Court GRANTS Defendant's motion to transfer by Judge Philip S. Gutierrez granting #22 MOTION to Transfer Case: On balance, the Court concludes that, based on the convenience of the parties and in the interest of justice, the Central District is not the appropriate venue for this action. Accordingly, the Court GRANTS the motion to transfer the case to the District of Maryland. Case transferred to the Maryland. Original file, certified copy of transfer order and docket sheet sent. MD JS-6. Case Terminated. (bm)
October 2, 2019 Filing 39 AMENDED ANSWER and Affirmative Defenses and Counterclaims to Complaint (Attorney Civil Case Opening), #1 filed by Defendant/Counter-Claimant Classic Brands, LLC. (Cook, Noel)
October 1, 2019 Opinion or Order Filing 38 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Answer and Counterclaims #35 , for the following reasons: Other: Caption of document is incomplete/incorrect. (bm)
September 30, 2019 Filing 37 NOTICE OF MOTION AND MOTION for Relief from for Discovery Under FRCP 56(d) and in the Alternative for a 30-Day Extension of Time to Respond to Plaintiff's Summary Judgment Motion filed by Defendant/Counter-Claimant Classic Brands, LLC. Motion set for hearing on 12/9/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jeffrey Lindenbaum, #3 Declaration of Yuan Shaochun, #4 Declaration of Xie Yuxian, #5 Proposed Order) (Cook, Noel)
September 27, 2019 Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Answer to Complaint and Counterclaim #35 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): In addition to the plaintiff v. defendant caption, caption should also include Counterclaimant v. Counterdefendant. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
September 26, 2019 Filing 35 DOCUMENT STRICKEN ON 10/1/19. AMENDED ANSWER to Complaint (Attorney Civil Case Opening), #1 Affirmative Defenses and Counterclaims filed by Defendant Classic Brands, LLC. (Cook, Noel) Modified on 10/2/2019 (bm).
September 23, 2019 Filing 34 REPLY in Support NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District Court for the District of Maryland #22 filed by Defendant Classic Brands, LLC. (Attachments: #1 Supplemental Declaration of Michael Zippelli)(Cook, Noel)
September 16, 2019 Filing 33 MEMORANDUM in Opposition to Amended NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District Court for the District of Maryland #23 filed by Plaintiff Zinus Inc.. (Attachments: #1 Declaration D. Wallace, #2 Declaration L. Wallace, #3 Exhibit A to L. Wallace, #4 Exhibit B to L. Wallace, #5 Exhibit C to L. Wallace)(Wallace, Darien)
September 6, 2019 Filing 32 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #19 with JURY DEMAND filed by Plaintiff Zinus Inc..(Wallace, Darien)
September 5, 2019 Filing 31 NOTICE OF MOTION AND MOTION to Strike inequitable conduct affirmative defense filed by plaintiff Zinus Inc.. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum P&A, #2 Proposed Order) (Wallace, Darien)
September 4, 2019 Opinion or Order Filing 30 ORDER by Judge Philip S. Gutierrez: denying #25 Non-Resident Attorney Jeffrey A Lindenbaum APPLICATION to Appear Pro Hac Vice on behalf of Defendant Classic Brands, LLC. Pursuant to L.R. 83-2.1.3.4: Local counsel does not maintain office in District. Terming Attorney Jeffrey A Lindenbaum. (bm)
September 3, 2019 Opinion or Order Filing 29 ORDER by Judge Philip S. Gutierrez: granting #28 Non-Resident Attorney Jeffrey A Lindenbaum APPLICATION to Appear Pro Hac Vice on behalf of Defendant Classic Brands, LLC, designating Raffi V Zerounian as local counsel. (bm)
August 28, 2019 Filing 28 Amended APPLICATION of Non-Resident Attorney Jeffrey A. Lindenbaum to Appear Pro Hac Vice on behalf of Defendant Classic Brands, LLC (Pro Hac Vice Fee - $400 Previously Paid on 8/27/2019, Receipt No. 0973-24335225) filed by Defendant Classic Brands, LLC. (Attachments: #1 Proposed Order) (Zerounian, Raffi)
August 28, 2019 Filing 27 NOTICE of Appearance filed by attorney Raffi Vaheh Zerounian on behalf of Defendant Classic Brands, LLC (Attorney Raffi Vaheh Zerounian added to party Classic Brands, LLC(pty:dft))(Zerounian, Raffi)
August 27, 2019 Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jeffrey A. Lindenbaum to Appear Pro Hac Vice on behalf of Defendant Classic Brands, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24335225) #25 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt)
August 27, 2019 Filing 25 APPLICATION of Non-Resident Attorney Jeffrey A. Lindenbaum to Appear Pro Hac Vice on behalf of Defendant Classic Brands, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24335225) filed by Defendant Classic Brands, LLC. (Attachments: #1 Proposed Order) (Cook, Noel)
August 20, 2019 Filing 24 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to infringement of certain beds filed by plaintiff Zinus Inc.. Motion set for hearing on 10/21/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum P&A, #2 Proposed Order SUF, #3 Proposed Order, #4 Declaration Lawrie, #5 Declaration Green, #6 Declaration Ketchum, #7 Declaration Solorzano, #8 Declaration Palmer, #9 Exhibit Exh 1 to Palmer, #10 Exhibit Exh 2 to Palmer, #11 Exhibit Exh 3 to Palmer, #12 Exhibit Exh 4 to Palmer, #13 Exhibit Exh 5 to Palmer, #14 Exhibit Exh 6 to Palmer) (Wallace, Darien)
August 20, 2019 Filing 23 Amended NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District Court for the District of Maryland filed by Defendant Classic Brands, LLC. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Cook, Noel)
August 20, 2019 Filing 22 NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District Court for the District of Maryland filed by Defendant Classic Brands, LLC. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Noel Cook, #3 Declaration of Michael Zippelli, #4 Proposed Order) (Cook, Noel)
August 20, 2019 Opinion or Order Filing 21 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 10/28/2019 at 02:00 PM. (wm)
August 16, 2019 Filing 20 CERTIFICATE of Interested Parties filed by Defendant and Counterclaimant Classic Brands, LLC, identifying Classic Brands, LLC; Classic Brands Holdings, LLC; A&M Classic Holdco, LLC; A&M Capital Opportunities, LLC; Michael Zippelli; Xiong Yu; Daniel Dietz; and John Zippelli. (McFarlane, Robert)
August 16, 2019 Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against Zinus Inc. filed by Defendant Classic Brands, LLC.(McFarlane, Robert)
July 19, 2019 Opinion or Order Filing 18 ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS by Judge Philip S. Gutierrez. The response of Defendant Classic Brands, LLC, to the complaint filed by Plaintiff in this action shall be due on 8/16/2019. (yl)
July 17, 2019 Filing 17 CERTIFICATE OF SERVICE filed by Defendant Classic Brands, LLC, re Stipulation for Extension of Time to File Response/Reply #16 served on 07/17/2019. (Cook, Noel)
July 17, 2019 Filing 16 STIPULATION for Extension of Time to File to initial Complaint by not more than 30 days filed by Defendant Classic Brands, LLC. (Attachments: #1 Proposed Order)(Cook, Noel)
July 17, 2019 Filing 15 NOTICE of Appearance filed by attorney Rosanna W Gan on behalf of Defendant Classic Brands, LLC (Attorney Rosanna W Gan added to party Classic Brands, LLC(pty:dft))(Gan, Rosanna)
July 17, 2019 Filing 14 NOTICE of Appearance filed by attorney Robert A McFarlane on behalf of Defendant Classic Brands, LLC (Attorney Robert A McFarlane added to party Classic Brands, LLC(pty:dft))(McFarlane, Robert)
July 17, 2019 Filing 13 NOTICE of Appearance filed by attorney Noel M Cook on behalf of Defendant Classic Brands, LLC (Attorney Noel M Cook added to party Classic Brands, LLC(pty:dft))(Cook, Noel)
June 28, 2019 Filing 12 PROOF OF SERVICE Executed by Plaintiff Zinus Inc., upon Defendant Classic Brands, LLC served on 6/26/2019, answer due 7/17/2019. Service of the Summons and Complaint were executed upon Kevin Lewinsky, Manager in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Wallace, Darien)
June 28, 2019 Opinion or Order Filing 11 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
June 25, 2019 Opinion or Order Filing 10 ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Stephen V. Wilson. Case transferred from Judge Stephen V. Wilson to Judge Philip S. Gutierrez for all further proceedings. Case number now reads 2:19-cv-05455 PSG(Ex). (rn)
June 24, 2019 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Classic Brands, LLC. (car)
June 24, 2019 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
June 24, 2019 Filing 7 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Charles F. Eick. (car)
June 22, 2019 Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Zinus Inc.. (Wallace, Darien)
June 22, 2019 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Zinus Inc.. (Wallace, Darien)
June 22, 2019 Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Zinus Inc. identifying Zinus Inc. (Korea) as Corporate Parent. (Wallace, Darien)
June 22, 2019 Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Zinus Inc., identifying Zinus Inc. (Korea). (Wallace, Darien)
June 22, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Zinus Inc.. (Wallace, Darien)
June 22, 2019 Filing 1 COMPLAINT Receipt No: 0973-23967376 - Fee: $400, filed by plaintiff Zinus Inc.. (Attachments: #1 Declaration Wallace, #2 Exhibit A-D to decl Wallace, #3 Declaration Green) (Attorney Darien Kenneth Wallace added to party Zinus Inc.(pty:pla))(Wallace, Darien)

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Defendant: Classic Brands, LLC
Represented By: Steven Edward Tiller
Represented By: Michael Nesheiwat
Represented By: Jeffrey A Lindenbaum
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Plaintiff: Zinus Inc.
Represented By: Gregory A Krauss
Represented By: Andrew C Palmer
Represented By: Darien K Wallace
Represented By: Thomas Lester Wallace
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