Sure Fit Home Products, LLC et al v. Maytex Mills Inc.
| Sure Fit Home Products, LLC, Hookless Systems of North America, Inc., Zahner Design Group Ltd. and SF Home Decor, LLC |
| Maytex Mills Inc. |
| 1:2021cv02169 |
| March 12, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER: Accordingly, it is hereby ORDERED that the initial pre-trial conference is adjourned to May 20, 2021, at 11:00 a.m. (As further set forth in this Order.) ( Initial Conference set for 5/20/2021 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/7/2021) (cf)
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Filing 47
ANSWER to #15 Complaint with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Maytex Mills Inc.. (Attachments: #1 Exhibit A - 232 Patent, #2 Exhibit B - P853 Application, #3 Exhibit C - 248 Patent, #4 Exhibit D - D091 Patent).(Morseburg, Douglas)
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Filing 46
JOINT LETTER addressed to Judge Lorna G. Schofield from Morris E. Cohen and Douglas Morseburg dated May 5, 2021 re: Letter in Advance of Initial Pretrial Conference (per Dkt. 29). Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 45
PROPOSED CASE MANAGEMENT PLAN. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 44
ORDER granting #37 Motion for Douglas H. Morseburg to Appear Pro Hac Vice; granting #38 Motion for Alan G. Towner to Appear Pro Hac Vice; and granting #39 Motion for Esther J. Choe to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 43
DECLARATION of David Zahner in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 42
DECLARATION of Morris E. Cohen in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 41
REPLY MEMORANDUM OF LAW in Support re: #7 MOTION for Preliminary Injunction . . Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Cohen, Morris)
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Filing 40
ORDER granting #36 Letter Motion for Extension of Time to File Response/Reply re #36 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lorna G. Schofield from Morris E. Cohen dated April 16, 2021. ENDORSEMENT: The application is GRANTED. By April 28, 2021, Plaintiffs shall file their reply brief. Replies due by 4/28/2021. (Signed by Judge Lorna G. Schofield on 4/19/2021) (cf)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Esther J. Choe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413462. Motion and supporting papers to be reviewed by Clerk's Office staff., #38 MOTION for Alan G. Towner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413399. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Douglas H. Morseburg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413366. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 39
MOTION for Esther J. Choe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413462. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maytex Mills Inc.. (Attachments: #1 Affidavit of Esther Choe, #2 Certificate of Standing, #3 Text of Proposed Order).(Choe, Esther)
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Filing 38
MOTION for Alan G. Towner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413399. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maytex Mills Inc.. (Attachments: #1 Affidavit of Alan Towner, #2 Certificate of Standing (Maryland), #3 Certificate of Standing (Pennsylvania), #4 Text of Proposed Order).(Morseburg, Douglas)
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Filing 37
MOTION for Douglas H. Morseburg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24413366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maytex Mills Inc.. (Attachments: #1 Affidavit of Douglas H. Morseburg, #2 Certificate of Standing, #3 Text of Proposed Order).(Morseburg, Douglas)
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Filing 36
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lorna G. Schofield from Morris E. Cohen dated April 16, 2021. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 35
RESPONSE to Motion re: #7 MOTION for Preliminary Injunction . Objections to Plaintiffs' Evidence Submitted in Support of Motion for Preliminary Injunction. Document filed by Maytex Mills Inc...(Kindred, Alan)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #7 MOTION for Preliminary Injunction . . Document filed by Maytex Mills Inc.. (Attachments: #1 Affidavit of David Baines and Exhibits 1, 2 and 3, #2 Affidavit of Douglas H. Morseburg, #3 Exhibit A to Morseburg Declaration, #4 Exhibit B to Morseburg Declaration, #5 Exhibit C to Morseburg Declaration, #6 Exhibit D to Morseburg Declaration, #7 Exhibit E to Morseburg Declaration, #8 Exhibit F to Morseburg Declaration, #9 Exhibit G to Morseburg Declaration, #10 Exhibit H to Morseburg Declaration).(Kindred, Alan)
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Filing 33
NOTICE OF APPEARANCE by Lee A. Goldberg on behalf of Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Goldberg, Lee)
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Filing 32
AFFIDAVIT OF SERVICE of a copy of the Court Order dated April 2, 2021 and the Individual Rules and Procedures for Civil Cases of Judge Lorna G. Schofield served on Maytex Mills, Inc. on April 2, 2021. Service was accepted by Alan M. Kindred, Partner. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Answer re #30 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Lorna G. Schofield from Alan M. Kindred dated April 2, 2021. The application is GRANTED. By May 7, 2021, Defendant shall answer, move or otherwise respond to the Complaint. Maytex Mills Inc. answer due 5/7/2021 (Signed by Judge Lorna G. Schofield on 4/5/2021) (cf)
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Filing 30
FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Lorna G. Schofield from Alan M. Kindred dated April 2, 2021. Document filed by Maytex Mills Inc...(Kindred, Alan)
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Filing 29
ORDER: Initial Conference set for 5/13/2021 at 11:00 AM before Judge Lorna G. Schofield. The conference will be telephonic. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/2/2021) (cf)
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maytex Mills Inc...(Posey, Ivan)
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Filing 27
NOTICE OF APPEARANCE by John Joseph Jacko on behalf of Maytex Mills Inc...(Jacko, John)
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Filing 26
ORDER: It is hereby ORDERED that by April 14, 2021, Defendant shall file any opposition per the Individual Rules. By April 21, 2021, Plaintiffs shall file any reply per the Individual Rules. (As further set forth in this Order.) ( Responses due by 4/14/2021, Replies due by 4/21/2021.) (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)
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Filing 25
LETTER addressed to Judge Lorna G. Schofield from Morris E. Cohen dated March 26, 2021 re: Response to Defendant's Emergency Letter Motion dated March 26, 2021. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 24
EMERGENCY LETTER MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Preliminary Injunction addressed to Judge Lorna G. Schofield from Alan Murray Kindred dated March 26, 2021. Document filed by Maytex Mills Inc...(Kindred, Alan)
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Filing 23
NOTICE OF APPEARANCE by Alan Murray Kindred on behalf of Maytex Mills Inc...(Kindred, Alan)
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Filing 22
NOTICE OF APPEARANCE by Ivan Miles Posey on behalf of Maytex Mills Inc...(Posey, Ivan)
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Filing 21
MEMORANDUM OF LAW in Support re: #7 MOTION for Preliminary Injunction . . Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Corrected Exhibit 3, per letter of March 16, 2021, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40).(Cohen, Morris)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Morris E. Cohen to RE-FILE Document #7 MOTION for Preliminary Injunction . Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (ldi)
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Filing 20
CERTIFICATE OF SERVICE of Court's Order, Summons and Complaint (and associated papers), Plaintiffs' Motion, Supporting Papers, and Plaintiffs' Letter to Court of March 16, 2021 served on Maytex Mills on March 17, 2021. Service was accepted by Registered Agent. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 19
CERTIFICATE OF SERVICE of Court's Order, Summons and Complaint (and associated papers), Plaintiffs' Motion, Supporting Papers, and Plaintiffs' Letter to Court of March 16, 2021 served on Maytex Mills on March 17, 2021. Service was accepted by Registered Agent. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 18
LETTER addressed to Judge Lorna G. Schofield from Morris E. Cohen dated March 16, 2021 re: Corrected Exhibit 3 to the Preliminary Injunction Motion. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd.. (Attachments: #1 Exhibit Corrected Exhibit 3).(Cohen, Morris)
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Filing 17
ORDER: It is hereby ORDERED that by March 31, 2021, Defendant shall file any opposition per the Individual Rules. By April 7, 2021, Plaintiffs shall file any reply. (As further set forth in this Order.) ( Responses due by 3/31/2021, Replies due by 4/7/2021.) (Signed by Judge Lorna G. Schofield on 3/16/2021) (cf)
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Filing 16
CIVIL COVER SHEET filed..(Cohen, Morris)
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Filing 15
COMPLAINT against Maytex Mills Inc.. Document filed by Sure Fit Home Products, LLC, Hookless Systems of North America, Inc., Zahner Design Group Ltd., SF Home Decor, LLC..(Cohen, Morris)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Maytex Mills Inc...(pc)
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Filing 13
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Morris E. Cohen to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suit were selected. Choose one. (pc)
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Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Case Eligible for Patent Pilot Program. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Morris E. Cohen to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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. (pc)
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Filing 12
DECLARATION of David Zahner in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 11
DECLARATION of Ryan Erickson in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 10
DECLARATION of Stacy Dubinski in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 9
DECLARATION of Morris E. Cohen in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 8
DECLARATION of Robert Burbank in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 7
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction . Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40).(Cohen, Morris) Modified on 3/23/2021 (ldi).
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Filing 6
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 5
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Cohen, Morris)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Maytex Mills, Inc., re: #1 Complaint,. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sure Fit Home Decor Holdings Corp. for SF Home Decor, LLC, Sure Fit Home Products, LLC. Document filed by Hookless Systems of North America, Inc., SF Home Decor, LLC, Sure Fit Home Products, LLC, Zahner Design Group Ltd...(Cohen, Morris)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Cohen, Morris) Modified on 3/15/2021 (pc).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Sure Fit Home Products, LLC, Hookless Systems of North America, Inc., SF Home Decor, LLC, Maytex Mills Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24242995)Document filed by Sure Fit Home Products, LLC, Hookless Systems of North America, Inc., Zahner Design Group Ltd., SF Home Decor, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Cohen, Morris) Modified on 3/15/2021 (pc).
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