Casper Sleep Inc. v. Nectar Brand LLC et al
Plaintiff: Casper Sleep Inc.
Defendant: DreamCloud Brand LLC, Nectar Brand LLC, DreamCloud Holdings LLC and Resident Home LLC f/k/a DreamCloud Holdings LLC
Case Number: 1:2018cv04459
Filed: May 18, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Kevin Nathaniel Fox
Referring Judge: Paul G Gardephe
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 la
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Opinion or Order Filing 123 NOTICE OF APPEARANCE by Elizabeth Ruth Tuttle Newman, I on behalf of Casper Sleep Inc...(Tuttle Newman, Elizabeth)
November 16, 2021 Opinion or Order Filing 122 NOTICE OF APPEARANCE by Charles Edouard Moulins on behalf of DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Moulins, Charles)
November 5, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #121 MOTION for Daniel John Emam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292390. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
November 4, 2021 Opinion or Order Filing 121 MOTION for Daniel John Emam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292390. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Emam, Daniel)
October 26, 2021 Opinion or Order Filing 120 NOTICE OF APPEARANCE by Marc Greco on behalf of DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Greco, Marc)
October 15, 2021 Opinion or Order Filing 119 ORDER granting #118 Letter Motion for Extension of Time to Complete Discovery. The application is granted. The conference currently scheduled for November 23, 2021 is adjourned to January 6, 2022 at 9:15 a.m. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/15/2021) (ks)
October 15, 2021 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 3/24/2022., Fact Discovery due by 12/9/2021.), Set/Reset Hearings:( Pretrial Conference set for 1/6/2022 at 09:15 AM before Judge Paul G. Gardephe.) (ks)
October 12, 2021 Opinion or Order Filing 118 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Tyler Newby dated October 12, 2021. Document filed by DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Newby, Tyler)
July 27, 2021 Opinion or Order Filing 117 ORDER granting #116 Letter Motion for Extension of Time to Complete Discovery. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/27/2021) (rro)
July 27, 2021 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 2/7/2022., Fact Discovery due by 10/25/2021.), Set/Reset Hearings:( Pretrial Conference set for 11/23/2021 at 10:00 AM before Judge Paul G. Gardephe.) (rro)
July 26, 2021 Opinion or Order Filing 116 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Craig B. Whitney dated July 26, 2021. Document filed by Casper Sleep Inc...(Whitney, Craig)
June 7, 2021 Opinion or Order Filing 115 ORDER granting #114 Letter Motion for Extension of Time to Complete Discovery. The Application is granted. Deposition due by 8/24/2021. (Signed by Judge Paul G. Gardephe on 6/7/2021) (cf)
June 7, 2021 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 12/7/2021., Fact Discovery due by 8/24/2021., Pretrial Order due by 9/23/2021.), Set/Reset Hearings:( Pretrial Conference set for 9/23/2021 at 10:00 AM before Judge Paul G. Gardephe.) (cf)
June 4, 2021 Opinion or Order Filing 114 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Tyler G. Newby dated June 4, 2021. Document filed by DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Newby, Tyler)
April 23, 2021 Opinion or Order Filing 113 ORDER granting #112 Letter Motion for Extension of Time to Complete Discovery. The application is granted. The conference scheduled for June 4, 2021 is adjourned to September 2, 2021 at 10:00 a.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/23/2021) (ks)
April 23, 2021 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 11/16/2021., Fact Discovery due by 8/3/2021., Motions due by 11/16/2021., Responses due by 11/23/2021), Set/Reset Hearings:( Pretrial Conference set for 9/2/2021 at 11:00 AM before Judge Paul G. Gardephe.) (ks)
April 22, 2021 Opinion or Order Filing 112 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Craig B. Whitney dated April 22, 2021. Document filed by Casper Sleep Inc...(Whitney, Craig)
April 15, 2021 Opinion or Order Filing 111 ORDER denying as moot #106 Letter Motion to Compel (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
April 14, 2021 Opinion or Order Filing 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/2/21 has been filed by the court reporter/transcriber in the above-captioned matter. 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....(McGuirk, Kelly)
April 14, 2021 Opinion or Order Filing 109 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/2/2021 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. 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. Redaction Request due 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021..(McGuirk, Kelly)
April 2, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 4/2/2021. The discovery disputes presented in Docket Entry No. 106 were addressed and resolved. (Potter, Elizabeth)
April 1, 2021 Opinion or Order Filing 108 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on April 2, 2021, at 11:45 a.m. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 4/2/2021 at 11:45 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/1/2021) (va)
March 16, 2021 Opinion or Order Filing 107 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute; Dkt. No. 106. Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Paul G. Gardephe on 3/16/2021) (jca)
March 12, 2021 Opinion or Order Filing 106 JOINT LETTER MOTION to Compel Discovery addressed to Judge Paul G. Gardephe from Craig B. Whitney dated March 12, 2021. Document filed by Casper Sleep Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Whitney, Craig)
January 25, 2021 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 5/3/2021. (jca)
January 25, 2021 Opinion or Order Filing 105 ORDER granting #104 JOINT LETTER MOTION for Extension of Time to Complete Discovery in order to allow parties to engage in settlement discussions. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/25/2021) (jca)
January 25, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 5/3/2021. Fact Discovery due by 5/3/2021. Expert Discovery due by 8/16/2021. Motions due by 8/16/2021. Responses due by 8/23/2021 (jca) Modified on 2/4/2021 (jca).
January 25, 2021 Opinion or Order Set/Reset Hearings: Pretrial Conference set for 6/3/2021 at 11:00 AM before Judge Paul G. Gardephe. (jca)
January 19, 2021 Opinion or Order Filing 104 JOINT LETTER MOTION for Extension of Time to Complete Discovery in order to allow parties to engage in settlement discussions addressed to Judge Paul G. Gardephe from Craig B. Whitney dated January 19, 2021. Document filed by Casper Sleep Inc...(Whitney, Craig)
January 19, 2021 Opinion or Order Filing 103 NOTICE of Withdrawal of Amelia K. Brankov as counsel for Plaintiff Casper Sleep Inc.. Document filed by Casper Sleep Inc...(Whitney, Craig)
November 12, 2020 Opinion or Order Filing 102 ANSWER to #99 Amended Complaint,, with JURY DEMAND. Document filed by DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Newby, Tyler)
November 6, 2020 Opinion or Order Filing 101 STIPULATION TO EXTEND TIME FOR DEFENDANTS NECTAR BRAND LLC, RESIDENT HOME LLC, AND DREAMCLOUD BRAND LLC TO RESPOND TO THIRD AMENDED COMPLAINT: BASED ON THE FOREGOING, THE PARTIES HEREBY STIPULATE that Defendants shall have until November 12, 2020 to respond to the TAC. SO ORDERED. DreamCloud Brand LLC answer due 11/12/2020; Nectar Brand LLC answer due 11/12/2020; Resident Home LLC f/k/a DreamCloud Holdings LLC answer due 11/12/2020. (Signed by Judge Paul G. Gardephe on 11/6/2020) (jca)
November 4, 2020 Opinion or Order Filing 100 PROPOSED STIPULATION AND ORDER. Document filed by DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC..(Newby, Tyler)
October 23, 2020 Opinion or Order Filing 99 THIRD AMENDED COMPLAINT amending #98 Amended Complaint,, against DreamCloud Brand LLC, Nectar Brand LLC, Resident Home LLC f/k/a DreamCloud Holdings LLC with JURY DEMAND.Document filed by Casper Sleep Inc.. Related document: #98 Amended Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Whitney, Craig)
October 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Craig Brian Whitney to RE-FILE re: Document No. #98 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Resident Home LLC f/k/a/ Dreamcloud Holdings LLC must be added to the docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
October 22, 2020 Opinion or Order Filing 98 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR THIRD AMENDED COMPLAINT amending #46 Amended Complaint against DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC with JURY DEMAND.Document filed by Casper Sleep Inc.. Related document: #46 Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Whitney, Craig) Modified on 10/23/2020 (sj).
October 21, 2020 Opinion or Order Filing 97 MEMO ENDORSEMENT granting #87 MOTION to Amend/Correct Motion for Leave to File Third Amended Complaint. ENDORSEMENT: Plaintiff's motion to file the proposed Third Amended Complaint is granted on consent. Plaintiff will file the Third Amended Complaint by October 23, 2020. The Clerk of the Court is directed to terminate the motion (Dkt. No. 87). SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/21/2020) (jca) Modified on 10/21/2020 (jca).
October 21, 2020 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 10/23/2020. (jca)
October 20, 2020 Opinion or Order Filing 96 LETTER addressed to Judge Paul G. Gardephe from Tyler G. Newby dated 10/20/2020 re: Defendants Response to Plaintiffs Motion to Amend Complaint. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC..(Turner, Shannon)
October 15, 2020 Opinion or Order Filing 95 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This Court will retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof. And as set forth herein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/15/2020) (ama)
October 15, 2020 Opinion or Order Filing 94 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL: re: #85 Notice (Other) filed by Casper Sleep Inc. ENDORSEMENT: The Clerk of the Court is directed to terminated Mr. Lawrence as counsel of record in this action. SO ORDERED., Attorney William Clayton Lawrence terminated. (Signed by Judge Paul G. Gardephe on 10/15/2020) (ama)
October 15, 2020 Opinion or Order Filing 93 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the Court adopts the following Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil Procedure 16 and 26(f). All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 5/4/2021. Responses due by 5/11/2021 Deposition due by 3/3/2021. Fact Discovery due by 3/3/2021. Expert Discovery due by 5/4/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 days. The next Pretrial Conference set for 4/1/2021 at 11:00 AM before Judge Paul G. Gardephe. And as set forth herein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/15/2020) (ama)
October 15, 2020 Opinion or Order Minute Entry for proceedings held via telephone before Judge Paul G. Gardephe: Status Conference held on 10/15/2020. (Court Reporter Carol Ganley) (mr)
October 14, 2020 Opinion or Order Filing 92 ORDER FOR ADMISSION PRO HAC VICE granting #91 MOTION for Benjamin G. Murray to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 10/14/2020) (jca)
October 13, 2020 Opinion or Order Filing 91 MOTION for Benjamin G. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22101373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Casper Sleep Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Murray, Benjamin)
October 13, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #91 MOTION for Benjamin G. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22101373. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 8, 2020 Opinion or Order Filing 90 JOINT LETTER addressed to Judge Paul G. Gardephe from Craig B. Whitney dated October 8, 2020 re: in compliance with the Court's Sept. 23, 2020 Order and in advance of initial pretrial conference scheduled for Oct. 15, 2020. Document filed by Casper Sleep Inc.. (Attachments: #1 revised proposed Case Management Plan).(Whitney, Craig)
October 6, 2020 Opinion or Order Filing 89 MEMORANDUM OF LAW in Support re: #87 MOTION to Amend/Correct Motion for Leave to File Third Amended Complaint. . Document filed by Casper Sleep Inc...(Whitney, Craig)
October 6, 2020 Opinion or Order Filing 88 DECLARATION of Craig B. Whitney in Support re: #87 MOTION to Amend/Correct Motion for Leave to File Third Amended Complaint.. Document filed by Casper Sleep Inc.. (Attachments: #1 Exhibit 1, #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, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit 2).(Whitney, Craig)
October 6, 2020 Opinion or Order Filing 87 MOTION to Amend/Correct Motion for Leave to File Third Amended Complaint. Document filed by Casper Sleep Inc...(Whitney, Craig)
September 23, 2020 Opinion or Order Filing 86 ORDER granting in part #72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6); granting #78 MOTION to Dismiss Plaintiff's Notice of Motion and Motion to Dismiss Defendants' Counterclaims Pursuant to Fed. Rule Civ. P. 12(b)(6). Defendants motion to dismiss Plaintiffs' claims in the Second Amended Complaint, to the extent they are premised on Defendants Sleep Authority website, promotional pricing and financing program, is granted. Plaintiffs motion to dismiss Defendants' counterclaims is granted. The Clerk of Court is directed to terminate the motions. (Dkt. No. 72, 78) The initial pretrial conference in this matter will take place on October 15, 2020 at 11:00 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Seven days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. Seven days before the conference, the parties will submit a joint letter addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claims and defenses; (2) any contemplated motions; and (3) the prospect for settlement. For the Court's convenience, the parties must set forth the conferences date and time in the joint letter's opening paragraph. In preparing their joint letter and proposed case management plan, the parties will consult the Court's Individual Practices and model Case Management Plan and Scheduling Order both of which are available on this District's website. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 9/23/2020) (jca)
September 23, 2020 Opinion or Order Set/Reset Hearings: Initial Conference set for 10/15/2020 at 11:00 AM before Judge Paul G. Gardephe. (jca)
March 23, 2020 Opinion or Order Filing 85 NOTICE of Withdrawal of William C. Lawrence as counsel for Plaintiff Casper Sleep Inc. due to his no longer being associated with Frankfurt Kurnit Klein & Selz, P.C., which continues to serve as counsel for Plaintiff. Document filed by Casper Sleep Inc...(Whitney, Craig)
January 16, 2020 Opinion or Order Filing 84 CERTIFICATE OF SERVICE of Nectar Brand LLC, DreamCloud Brand LLC and Resident Home LLC's Opposition to Plaintiff's Motion to Dismiss Defendants' Counterclaims served on Casper Sleep Inc. on 12/19/2019. Service was made by EMail. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
January 16, 2020 Opinion or Order Filing 83 MEMORANDUM OF LAW in Opposition re: #78 MOTION to Dismiss Plaintiff's Notice of Motion and Motion to Dismiss Defendants' Counterclaims Pursuant to Fed. Rule Civ. P. 12(b)(6). Nectar Brand LLC, DreamCloud Brand LLC and Resident Home LLC's Opposition to Plaintiff's Motion to Dismiss Defendants' Counterclaims. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
January 16, 2020 Opinion or Order Filing 82 REPLY MEMORANDUM OF LAW in Support re: #72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6). . Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
January 16, 2020 Opinion or Order Filing 81 CERTIFICATE OF SERVICE. Document filed by Casper Sleep Inc.. (Lawrence, William)
January 16, 2020 Opinion or Order Filing 80 REPLY MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss Plaintiff's Notice of Motion and Motion to Dismiss Defendants' Counterclaims Pursuant to Fed. Rule Civ. P. 12(b)(6). . Document filed by Casper Sleep Inc.. (Whitney, Craig)
January 16, 2020 Opinion or Order Filing 79 MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss Plaintiff's Notice of Motion and Motion to Dismiss Defendants' Counterclaims Pursuant to Fed. Rule Civ. P. 12(b)(6). . Document filed by Casper Sleep Inc.. (Whitney, Craig)
January 16, 2020 Opinion or Order Filing 78 MOTION to Dismiss Plaintiff's Notice of Motion and Motion to Dismiss Defendants' Counterclaims Pursuant to Fed. Rule Civ. P. 12(b)(6). Document filed by Casper Sleep Inc..(Whitney, Craig)
January 16, 2020 Opinion or Order Filing 77 CERTIFICATE OF SERVICE of Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint and Supporting Documents served on Casper Sleep Inc. on 11/21/2019. Service was made by EMail. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
January 16, 2020 Opinion or Order Filing 76 AFFIDAVIT of Tyler Newby in Support re: #72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6).. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit A)(Newby, Tyler)
January 16, 2020 Opinion or Order Filing 75 CERTIFICATE OF SERVICE. Document filed by Casper Sleep Inc.. (Whitney, Craig)
January 16, 2020 Opinion or Order Filing 74 MEMORANDUM OF LAW in Support re: #72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6). . Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Text of Proposed Order)(Newby, Tyler)
January 16, 2020 Opinion or Order Filing 73 MEMORANDUM OF LAW in Opposition re: #72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6). . Document filed by Casper Sleep Inc.. (Whitney, Craig)
January 16, 2020 Opinion or Order Filing 72 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss New Allegations in Plaintiff's Second Amended Complaint Pursuant to Fed. Rule Civ. P. 12(b)(6). Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
October 23, 2019 Opinion or Order Filing 71 ORDER: It is hereby ORDERED that the following briefing schedule will apply to Plaintiffs motion to dismiss Defendant's counterclaims, and Defendants' motion to dismiss the new allegations in Plaintiffs Second Amended Complaint: Moving papers are due by November 21, 2019; Opposition briefs are due by December 19, 2019; Reply briefs are due by January 16, 2020. The Clerk of the Court is directed to terminate the pre-motion letter motions. (Diet. Nos. 67, 68) It is farther ORDERED that the initial pretrial conference previously scheduled for October 24, 2019 is adjourned sine die. SO ORDERED. (Motions due by 11/21/2019, Responses due by 12/19/2019, Replies due by 1/16/2020.) (Signed by Judge Paul G. Gardephe on 10/23/2019) (jca)
October 18, 2019 Opinion or Order Filing 70 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Tyler G. Newby dated 10/18/2019 re: #68 LETTER MOTION for Conference (a Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Craig B. Whitney dated October 15, 2019. Opposing Request for Pre-Motion Conference. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
October 16, 2019 Opinion or Order Filing 69 LETTER addressed to Judge Paul G. Gardephe from Craig B. Whitney dated October 16, 2019 re: responding to October 11, 2019 letter submitted by Defendants requesting a pre-motion conference. Document filed by Casper Sleep Inc..(Whitney, Craig)
October 15, 2019 Opinion or Order Filing 68 LETTER MOTION for Conference (a Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Craig B. Whitney dated October 15, 2019. Document filed by Casper Sleep Inc..(Whitney, Craig)
October 11, 2019 Opinion or Order Filing 67 LETTER MOTION for Conference Request for Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated October 11, 2019. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
October 11, 2019 Opinion or Order Filing 66 JOINT LETTER addressed to Judge Paul G. Gardephe from Amelia K. Brankov dated October 11, 2019 re: in compliance with the Court's Sept. 27, 2019 Order and in advance of pretrial conference scheduled for Oct. 24, 2019. Document filed by Casper Sleep Inc.. (Attachments: #1 revised proposed Case Management Plan)(Brankov, Amelia)
October 1, 2019 Opinion or Order Filing 65 NOTICE OF CHANGE OF ADDRESS by William Clayton Lawrence on behalf of Casper Sleep Inc.. New Address: Frankfurt Kurnit Klein & Selz, P.C., 28 Liberty Street, 35th Floor, New York, NY, United States 10005, 212-980-0120. (Lawrence, William)
October 1, 2019 Opinion or Order Filing 64 NOTICE OF CHANGE OF ADDRESS by Amelia Katherine Brankov on behalf of Casper Sleep Inc.. New Address: Frankfurt Kurnit Klein & Selz, P.C., 28 Liberty Street, 35th Floor, New York, NY, United States 10005, 212-980-0120. (Brankov, Amelia)
October 1, 2019 Opinion or Order Filing 63 NOTICE OF CHANGE OF ADDRESS by Craig Brian Whitney on behalf of Casper Sleep Inc.. New Address: Frankfurt Kurnit Klein & Selz, P.C., 28 Liberty Street, 35th Floor, New York, NY, United States 10005, 212-980-0120. (Whitney, Craig)
September 27, 2019 Opinion or Order Filing 62 ORDER denying #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404. For the reasons stated above, Defendants' motion to transfer this case to the Northern District of California is denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 51). The Court will conduct an initial pretrial conference in this action on October 24, 2019 at 4:00 p.m. in Courtroom 705 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. Ten days before the conference, the parties will submit a joint letter addressing the following items in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claims and defenses; (2) any contemplated motions; and (3) the prospect for settlement. For the Court's convenience, the parties must set forth the conference's date and time in the joint letter's opening paragraph. In preparing their joint letter and proposed case management plan, the parties are directed to consult the Court's Individual Practices and model Case Management Plan and Scheduling Order - both of which are available on this District's website. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/27/2019) (jca)
September 27, 2019 Opinion or Order Set/Reset Hearings: Initial Conference set for 10/24/2019 at 04:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (jca)
September 12, 2019 Opinion or Order Filing 61 ORDER denying without prejudice #48 LETTER MOTION for Conference Request for Pre-Motion Conference on Motion to Dismiss or Strike. This letter motion is denied without prejudice to renewal pending the resolution of Defendants' motion to transfer. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/12/2019) (jca)
January 29, 2019 Opinion or Order Filing 60 ORDER denying #29 Letter Motion for Conference; denying #31 Letter Motion for Conference. Docket 29 and Docket 31 are requests for pre-motion conference to address Defendants' applications to file rule 12(b)(6) motions to dismiss. These requests are denied without prejudice pending determination of the pending motion to transfer. The Clerk will terminate Dkt. Nos. 29 and 31. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/29/2019) (jca)
December 21, 2018 Opinion or Order Filing 59 MEMORANDUM OF LAW in Opposition re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404. . Document filed by Casper Sleep Inc.. (Whitney, Craig)
December 21, 2018 Opinion or Order Filing 58 DECLARATION of Jeff Brooks in Opposition re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404.. Document filed by Casper Sleep Inc.. (Whitney, Craig)
December 21, 2018 Opinion or Order Filing 57 REPLY AFFIDAVIT of Craig Schmeizer in Support re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
December 21, 2018 Opinion or Order Filing 56 REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404. . Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
December 21, 2018 Opinion or Order Filing 55 CERTIFICATE OF SERVICE of Motion to Transfer and Supporting Documents served on Casper Sleep Inc. on 11/30/2018. Service was made by EMail. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
December 21, 2018 Opinion or Order Filing 54 AFFIDAVIT of Tyler Newby in Support re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newby, Tyler)
December 21, 2018 Opinion or Order Filing 53 AFFIDAVIT of Craig Schmeizer in Support re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Newby, Tyler)
December 21, 2018 Opinion or Order Filing 52 MEMORANDUM OF LAW in Support re: #51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404. . Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Transfer)(Newby, Tyler)
December 21, 2018 Opinion or Order Filing 51 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. Section 1404. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
December 6, 2018 Opinion or Order Filing 50 PROPOSED PROTECTIVE ORDER. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit 1 - STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER, #2 Exhibit 2- BLACKLINE re STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER) (Newby, Tyler)
December 3, 2018 Opinion or Order Filing 49 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Craig B. Whitney dated December 3, 2018 re: #48 LETTER MOTION for Conference Request for Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated November 28, 2018. . Document filed by Casper Sleep Inc.. (Whitney, Craig)
November 28, 2018 Opinion or Order Filing 48 LETTER MOTION for Conference Request for Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated November 28, 2018. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
November 16, 2018 Opinion or Order Filing 47 ORDER terminating #26 Letter Motion for Conference. It is hereby ORDERED that the following briefing schedule will apply to Defendants'. motion to transfer: Moving papers are due by November 30, 2018; Opposition is due by December 14, 2018; Any reply is due by December 21, 2018. The Clerk of the Court is directed to terminate the letter motion. (Dkt. No. 26) It is further ORDERED that the initial pretrial conference previously scheduled for Thursday, November 29, 2018 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 11/16/2018) (cf)
November 16, 2018 Opinion or Order Set/Reset Deadlines: Motions due by 11/30/2018. Responses due by 12/14/2018 Replies due by 12/21/2018. (cf)
November 14, 2018 Opinion or Order Filing 46 SECOND AMENDED COMPLAINT amending #28 Amended Complaint,, against DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC with JURY DEMAND.Document filed by Casper Sleep Inc.. Related document: #28 Amended Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Order Permitting Filing of Second Amended Complaint)(Whitney, Craig)
November 14, 2018 Opinion or Order Filing 45 STIPULATION: 1. Pursuant to Fed. R. Civ. P. 15(a)(2), Defendants consent to the filing by Plaintiff of the Second Amended Complaint in the above-captioned action, without prejudice to their ability to request a pre-motion conference to file a motion to dismiss the added allegations; and 2. Plaintiff shall be permitted to file the Second Amended Complaint. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 11/13/2018) (cf)
November 9, 2018 Opinion or Order Filing 44 ORDER: It is hereby ORDERED that the conference scheduled in this matter on November 9, 2018 is adjourned to November 29, 2018 at 11:15 a.m. Initial Conference set for 11/29/2018 at 11:15 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 11/9/2018) (mro)
November 8, 2018 Opinion or Order Filing 43 PROPOSED STIPULATION AND ORDER. Document filed by Casper Sleep Inc.. (Whitney, Craig)
November 7, 2018 Opinion or Order Filing 42 MEMO ENDORSEMENT withdrawing #21 Motion to Transfer Case; withdrawing #22 Motion to Transfer Case. ENDORSEMENT: The Clerk of Court is directed to terminate the motions (Dkt. No. 21-24). SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/7/2018) (rro)
November 2, 2018 Opinion or Order Filing 41 JOINT LETTER addressed to Judge Paul G. Gardephe from Amelia K. Brankov dated November 2, 2018 re: in compliance with the Court's Notice of Pretrial Conference, dated May 23, 2018, and attaching revised proposed Case Management Plan. Document filed by Casper Sleep Inc.. (Attachments: #1 revised proposed Case Management Plan)(Brankov, Amelia)
October 5, 2018 Opinion or Order Filing 40 ORDER granting #39 Letter Motion to Adjourn Conference. It is hereby ORDERED that the conference in this action previously scheduled for October 18, 2018 is adjourned to November 9, 2018 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 11/9/2018 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/5/2018) (kgo)
October 4, 2018 Opinion or Order Filing 39 CONSENT LETTER MOTION to Adjourn Conference currently scheduled for October 18, 2018 addressed to Judge Paul G. Gardephe from Tyler G. Newby dated October 4, 2018. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
September 14, 2018 Opinion or Order Filing 38 ORDER: granting #37 Letter Motion to Adjourn Conference. It is hereby ORDERED that the conference in this action previously scheduled for October 4, 2018 is adjourned to October 18, 2018 at 11:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Initial Conference set for 10/18/2018 at 11:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 9/14/2018) (jca)
September 12, 2018 Opinion or Order Filing 37 CONSENT LETTER MOTION to Adjourn Conference currently scheduled for Oct. 4, 2018 addressed to Judge Paul G. Gardephe from Craig B. Whitney dated September 12, 2018. Document filed by Casper Sleep Inc..(Whitney, Craig)
September 11, 2018 Opinion or Order Filing 36 ORDER: It is hereby ORDERED that the conference in this action previously scheduled for September 13, 2018 is adjourned to October 4, 2018 at 11:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Initial Conference set for 10/4/2018 at 11:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 9/11/2018) (jca) Modified on 9/11/2018 (jca).
September 6, 2018 Opinion or Order Filing 35 JOINT LETTER addressed to Judge Paul G. Gardephe from Amelia K. Brankov dated September 6, 2018 re: in compliance with the Court's Notice of Pretrial Conference, dated May 23, 2018, and attaching proposed Case Management Plan. Document filed by Casper Sleep Inc.. (Attachments: #1 proposed Civil Case Management Plan and Scheduling Order)(Brankov, Amelia)
August 29, 2018 Opinion or Order Filing 34 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Craig B. Whitney dated August 29, 2018 re: #31 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated August 17, 2018. . Document filed by Casper Sleep Inc.. (Whitney, Craig)
August 23, 2018 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply re #31 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated August 17, 2018. The Application is granted. SO ORDERED. Responses due by 8/29/2018. (Signed by Judge Paul G. Gardephe on 8/23/2018) (ne)
August 20, 2018 Opinion or Order Filing 32 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #31 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated August 17, 2018. addressed to Judge Paul G. Gardephe from Craig B. Whitney dated August 20, 2018. Document filed by Casper Sleep Inc..(Whitney, Craig)
August 17, 2018 Opinion or Order Filing 31 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Dismiss or Strike addressed to Judge Paul G. Gardephe from Tyler G. Newby dated August 17, 2018. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
August 8, 2018 Opinion or Order Filing 30 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Tyler G. Newby dated August 8, 2018 re: #29 LETTER MOTION for Conference Plaintiff's letter requesting a pre-motion conference on a motion to dismiss Defendants' counterclaims addressed to Judge Paul G. Gardephe from Craig B. Whitney dated August 3, 2018. . Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
August 3, 2018 Opinion or Order Filing 29 LETTER MOTION for Conference Plaintiff's letter requesting a pre-motion conference on a motion to dismiss Defendants' counterclaims addressed to Judge Paul G. Gardephe from Craig B. Whitney dated August 3, 2018. Document filed by Casper Sleep Inc..(Whitney, Craig)
August 3, 2018 Opinion or Order Filing 28 FIRST AMENDED COMPLAINT amending #1 Complaint,, against DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC with JURY DEMAND.Document filed by Casper Sleep Inc.. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Whitney, Craig)
July 24, 2018 Opinion or Order Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Craig B. Whitney dated July 24, 2018 re: #26 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Transfer addressed to Judge Paul G. Gardephe from Tyler G. Newby dated July 19, 2018. . Document filed by Casper Sleep Inc.. (Whitney, Craig)
July 19, 2018 Opinion or Order Filing 26 LETTER MOTION for Conference Request For Pre-Motion Conference on Motion to Transfer addressed to Judge Paul G. Gardephe from Tyler G. Newby dated July 19, 2018. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
July 16, 2018 Opinion or Order Filing 25 NOTICE of Defendants' Notice of Withdrawal of Motion to Transfer Pursuant to 28 U.S.C. 1404 re: #23 Affidavit in Support of Motion,, #22 MOTION to Transfer Case Nectar Brand LLC, DreamCloud Brand LLC and DreamCloud Holdings LLC's Motion to Transfer Pursuant to 28 U.S.C. 1404., #24 Affidavit in Support of Motion, #21 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Newby, Tyler)
July 13, 2018 Opinion or Order Filing 24 AFFIDAVIT of Tyler Newby in Support re: #22 MOTION to Transfer Case Nectar Brand LLC, DreamCloud Brand LLC and DreamCloud Holdings LLC's Motion to Transfer Pursuant to 28 U.S.C. 1404., #21 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newby, Tyler)
July 13, 2018 Opinion or Order Filing 23 AFFIDAVIT of Craig Scheizer in Support re: #22 MOTION to Transfer Case Nectar Brand LLC, DreamCloud Brand LLC and DreamCloud Holdings LLC's Motion to Transfer Pursuant to 28 U.S.C. 1404., #21 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. 1404.. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Newby, Tyler)
July 13, 2018 Opinion or Order Filing 22 MOTION to Transfer Case Nectar Brand LLC, DreamCloud Brand LLC and DreamCloud Holdings LLC's Motion to Transfer Pursuant to 28 U.S.C. 1404. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
July 13, 2018 Opinion or Order Filing 21 MOTION to Transfer Case Defendants' Notice of Motion and Motion to Transfer Pursuant to 28 U.S.C. 1404. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Newby, Tyler)
July 13, 2018 Opinion or Order Filing 20 ANSWER to #1 Complaint,, with JURY DEMAND., COUNTERCLAIM against Casper Sleep Inc.. Document filed by DreamCloud Holdings LLC, DreamCloud Brand LLC, Nectar Brand LLC.(Newby, Tyler)
June 20, 2018 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Tyler G. Newby to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 6/20/2018) (cf)
June 15, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Tyler G. Newby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15202790. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
June 14, 2018 Opinion or Order Filing 18 MOTION for Tyler G. Newby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15202790. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Newby, Tyler)
June 13, 2018 Opinion or Order Filing 17 ORDER granting #15 Letter Motion for Extension of Time to Answer. The Application is granted. DreamCloud Brand LLC answer due 7/13/2018; DreamCloud Holdings LLC answer due 7/13/2018 (Signed by Judge Paul G. Gardephe on 6/13/2018) (cf)
June 8, 2018 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DreamCloud Holdings LLC for DreamCloud Brand LLC, Nectar Brand LLC. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Turner, Shannon)
June 8, 2018 Opinion or Order Filing 15 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Paul G. Gardephe from Shannon E. Turner dated June 8, 2018. Document filed by DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC.(Turner, Shannon)
June 1, 2018 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. DreamCloud Brand LLC served on 5/25/2018, answer due 6/15/2018. Service was accepted by Mai Yang, Authorized to Accept. Document filed by Casper Sleep Inc.. (Whitney, Craig)
June 1, 2018 Opinion or Order Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. DreamCloud Holdings LLC served on 5/25/2018, answer due 6/15/2018. Service was accepted by Mai Yang, Authorized to Accept. Document filed by Casper Sleep Inc.. (Whitney, Craig)
May 24, 2018 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Amelia Katherine Brankov on behalf of Casper Sleep Inc.. (Brankov, Amelia)
May 23, 2018 Opinion or Order Filing 11 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 9/13/2018 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/23/2018) (ne)
May 22, 2018 Opinion or Order Filing 10 NOTICE OF APPEARANCE by William Clayton Lawrence on behalf of Casper Sleep Inc.. (Lawrence, William)
May 21, 2018 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to DreamCloud Holdings LLC. (sj)
May 21, 2018 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to DreamCloud Brand LLC. (sj)
May 21, 2018 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Nectar Brand LLC. (sj)
May 21, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Craig Brian Whitney to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (sj)
May 21, 2018 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj)
May 21, 2018 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj)
May 21, 2018 Opinion or Order Case Designated ECF. (sj)
May 18, 2018 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to DreamCloud Brand LLC, re: #1 Complaint,,. Document filed by Casper Sleep Inc.. (Whitney, Craig)
May 18, 2018 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to DreamCloud Holdings LLC, re: #1 Complaint,,. Document filed by Casper Sleep Inc.. (Whitney, Craig)
May 18, 2018 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Nectar Brand LLC, re: #1 Complaint,,. Document filed by Casper Sleep Inc.. (Whitney, Craig)
May 18, 2018 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Casper Sleep Inc..(Whitney, Craig)
May 18, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Whitney, Craig)
May 18, 2018 Opinion or Order Filing 1 COMPLAINT against DreamCloud Brand LLC, DreamCloud Holdings LLC, Nectar Brand LLC. (Filing Fee $ 400.00, Receipt Number 0208-15091065)Document filed by Casper Sleep Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Whitney, Craig)

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Search for this case: Casper Sleep Inc. v. Nectar Brand LLC et al
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Defendant: DreamCloud Brand LLC
Represented By: Tyler G Newby
Represented By: Charles Edouard Moulins
Represented By: Daniel Emam
Represented By: Marc Greco
Represented By: Shannon Elizabeth Turner
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Defendant: Nectar Brand LLC
Represented By: Tyler G Newby
Represented By: Charles Edouard Moulins
Represented By: Daniel Emam
Represented By: Marc Greco
Represented By: Shannon Elizabeth Turner
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Defendant: DreamCloud Holdings LLC
Represented By: Tyler G Newby
Represented By: Daniel Emam
Represented By: Shannon Elizabeth Turner
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Defendant: Resident Home LLC f/k/a DreamCloud Holdings LLC
Represented By: Tyler G Newby
Represented By: Charles Edouard Moulins
Represented By: Marc Greco
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Plaintiff: Casper Sleep Inc.
Represented By: Amelia Katherine Brankov
Represented By: William Clayton Lawrence
Represented By: Benjamin Grant Murray
Represented By: Elizabeth Ruth Tuttle Newman, I
Represented By: Craig Brian Whitney
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