HearingPro, Inc. et al v. Miracle-Ear, Inc.
Plaintiff: HearingPro, Inc., Las Davis Enterprises, Inc. and Tiffany Davis
Defendant: Miracle-Ear, Inc.
Case Number: 0:2023cv00890
Filed: April 7, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Nancy E Brasel
Referring Judge: Leo I Brisbois
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 38 ORDER in Response to #12 Letter to District Judge. Plaintiff's request to file an early Motion for Declaratory Judgment is DENIED. Signed by Judge Nancy E. Brasel on 6/5/2023. (KMW)
May 31, 2023 Filing 37 TEXT ONLY ORDER--cancelling Motions Hearing. Upon preliminary consideration of Plaintiffs' Motion to Seal, [Docket No. 6] and the parties' Joint Motion to Seal, [Docket No. 24]; and the documents submitted in support thereof, the Court has determined that oral argument on the parties Motions are unnecessary and would offer no benefit to the Court in the consideration of said Motions. In light of the Court's finding that oral argument would be of no benefit to the Court in its consideration of the pending Motions, the Motions Hearing, in the present case, currently scheduled for June 5, 2023, before Magistrate Judge Leo I. Brisbois is hereby CANCELLED. The Court will take Plaintiffs' Motion to Seal, [Docket No. 6] and the parties' Joint Motion to Seal, [Docket No. 24], under advisement upon the written submissions as of June 5, 2023. (BMNF)
May 30, 2023 Filing 36 JOINT MOTION REGARDING CONTINUED SEALING re #18 Declaration in Support, #17 Redacted Document, #19 Exhibit, #16 Memorandum in Support of Motion filed by Miracle-Ear, Inc.. (Cockson, Michael)
May 30, 2023 Filing 35 NOTICE of Withdrawal as Attorney for Defendant Miracle-Ear, Inc. (McCann, Erin)
May 26, 2023 Opinion or Order Filing 34 ORDER FOR MODIFIED BRIEFING SCHEDULE #32 . The stipulation filed by the parties to extend the briefing schedule on the pending motion to dismiss is approved. Opposition shall be due 6/8/23 and the reply is due 6/29/23. Signed by Judge Nancy E. Brasel on 5/26/2023. (KMW)
May 26, 2023 Filing 33 PROPOSED ORDER TO JUDGE re #32 Stipulation. (Kunze, Megan)
May 26, 2023 Filing 32 STIPULATION for a Modified Briefing Schedule by Tiffany Davis, HearingPro, Inc., Las Davis Enterprises, Inc.. Jointly Signed by Miracle Ear, Inc.. (Kunze, Megan)
May 25, 2023 Filing 31 (Text-Only) NOTICE TO ATTORNEY: The Amended Notice of Hearing #29 does not list a courtroom. The Hearing on the parties' Joint Motion to Seal #24 is set for 6/5/2023 at 10:30 AM in Edward J. Devitt Courtroom (STP) before Magistrate Judge Leo I. Brisbois. (JLB)
May 24, 2023 Filing 30 PROPOSED ORDER TO JUDGE re #24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint filed by Miracle-Ear, Inc..(Cockson, Michael)
May 24, 2023 Filing 29 AMENDED NOTICE of Hearing on Motion: #24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint : Motion Hearing set for 6/5/2023 at 10:30 AM in [courtroom to be determined] before Magistrate Judge Leo I. Brisbois. (Cockson, Michael)
May 22, 2023 Filing 28 PROPOSED ORDER TO JUDGE re #24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint filed by Miracle-Ear, Inc..(Cockson, Michael)
May 22, 2023 Filing 27 Redacted Document for #1 Sealed Complaint . (Cockson, Michael)
May 22, 2023 Filing 26 MEMORANDUM in Support re #24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint filed by Miracle-Ear, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cockson, Michael)
May 22, 2023 Filing 25 NOTICE OF HEARING ON MOTION #24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint : Motion Hearing set for 6/5/2023 at 11:30 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Cockson, Michael)
May 22, 2023 Filing 24 Joint MOTION to SEAL #1 Complaint, and Seal Exhibits A and B to the Complaint filed by Miracle-Ear, Inc.. (Cockson, Michael)
May 22, 2023 Filing 23 LETTER TO DISTRICT JUDGE by Miracle-Ear, Inc. (Joint) of Plaintiff and Defendant. (Cockson, Michael)
May 12, 2023 Filing 22 LETTER TO DISTRICT JUDGE by Miracle-Ear, Inc. Responding to Plaintiffs' May 9, 2023 Letter. (Cockson, Michael)
May 10, 2023 Filing 21 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Jack Leon as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMP)
May 9, 2023 Filing 20 PROPOSED ORDER TO JUDGE re #13 MOTION to Dismiss/General Complaint filed by Miracle-Ear, Inc..(Cockson, Michael)
May 9, 2023 Filing 19 SEALED EXHIBIT Exhibit A re #18 Declaration in Support filed by Miracle-Ear, Inc..(Cockson, Michael)
May 9, 2023 Filing 18 Declaration of Michael Cockson in Support of #13 MOTION to Dismiss/General Complaint filed by Miracle-Ear, Inc.. (Attachments: #1 Exhibit(s) Redacted Exhibit A)(Cockson, Michael)
May 9, 2023 Filing 17 Redacted Document for #16 Sealed Memorandum of Law in Support of Miracle-Ear's Motion to Dismiss the Complaint filed by Miracle-Ear, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cockson, Michael)
May 9, 2023 Filing 16 SEALED MEMORANDUM in Support re #13 MOTION to Dismiss/General Complaint filed by Miracle-Ear, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cockson, Michael)
May 9, 2023 Filing 15 MEET and CONFER STATEMENT re #13 Motion to Dismiss/General filed by Miracle-Ear, Inc..(Cockson, Michael)
May 9, 2023 Filing 14 NOTICE OF HEARING ON MOTION #13 MOTION to Dismiss/General Complaint : Motion Hearing set for 7/24/2023 at 10:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Cockson, Michael)
May 9, 2023 Filing 13 MOTION to Dismiss/General Complaint filed by Miracle-Ear, Inc.. (Cockson, Michael)
May 9, 2023 Filing 12 LETTER TO DISTRICT JUDGE by Tiffany Davis, HearingPro, Inc., Las Davis Enterprises, Inc. . (Kunze, Megan)
May 1, 2023 Filing 11 (Text-Only) NOTICE of Non-Compliance with #Local Rule 7.1 Civil Motion Practice for #6 Motion to Seal Document filed by attorney John A Sullivan. No Meet & Confer Statement Filed. No Memorandum of Law Filed. No Notice of Hearing on Motion Filed. No Word Count Compliance Certificate Filed. Supporting Documents not filed simultaneously with Motion. No Proposed Order filed in CM/ECF. Proposed Order not emailed to the Judge in word processing format. Please file according to the rule and contact the appropriate chambers if further direction is needed. (JLB)
April 19, 2023 Filing 10 SUMMONS Returned Executed by HearingPro, Inc., Tiffany Davis, Las Davis Enterprises, Inc.. Miracle-Ear, Inc. served on 4/18/2023, answer due 5/9/2023. (Sullivan, John)
April 10, 2023 Filing 9 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Sarah E. Crippen as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMP)
April 7, 2023 Filing 8 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Las Davis Enterprises, Inc.. (Sullivan, John)
April 7, 2023 Filing 7 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for HearingPro, Inc.. (Sullivan, John)
April 7, 2023 Filing 6 MOTION to SEAL #1 Complaint, filed by Tiffany Davis, HearingPro, Inc., Las Davis Enterprises, Inc.. (Sullivan, John)
April 7, 2023 Filing 5 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #1 Sealed Document(s) - [1-1] Sealed Exhibit 1, [1-2] Sealed Exhibit 2 . (Sullivan, John)
April 7, 2023 Filing 4 Summons Issued as to Miracle-Ear, Inc. (MKB)
April 7, 2023 Filing 3 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 23-cv-890 (NEB/LIB).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB)
April 7, 2023 Filing 2 Redacted Document for #1 Sealed Complaint . (Sullivan, John)
April 7, 2023 Filing 1 SEALED COMPLAINT against Miracle-Ear, Inc. (filing fee $ 402, receipt number AMNDC-10188466) filed by HearingPro, Inc., Las Davis Enterprises, Inc. and Tiffany Davis. Filer requests summons issued. (Attachments: #1 Exhibit(s) Sealed Exhibit A, #2 Exhibit(s) Sealed Exhibit B, #3 Civil Cover Sheet) (Sullivan, John)

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Plaintiff: HearingPro, Inc.
Represented By: Megan Kunze
Represented By: Sarah E. Crippen
Represented By: John A Sullivan
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Plaintiff: Las Davis Enterprises, Inc.
Represented By: Megan Kunze
Represented By: Sarah E. Crippen
Represented By: John A Sullivan
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Plaintiff: Tiffany Davis
Represented By: Megan Kunze
Represented By: Sarah E. Crippen
Represented By: John A Sullivan
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Defendant: Miracle-Ear, Inc.
Represented By: Erin L McCann
Represented By: Michael F Cockson
Represented By: Nathan A Brennaman
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