Shibumi Shade, Inc. v. Beach Shade LLC et al
Plaintiff: Shibumi Shade, Inc.
Defendant: Matthew Finneran and Beach Shade LLC
Case Number: 5:2021cv00256
Filed: June 11, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2021 Filing 39 Exhibit List for 8/6/2021 motion hearing. (Castania, M)
August 6, 2021 Filing 38 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Motion Hearing held on 8/6/2021 in the New Bern Courtroom regarding #3 Emergency MOTION for Temporary Restraining Order filed by Shibumi Shade, Inc. Counsel for plaintiff and defendants present. Evidence and oral arguments presented by parties. Court takes matter under advisement with written order to follow. (Court Reporter Tracy McGurk) (Castania, M)
August 5, 2021 Filing 37 RESPONSE in Opposition regarding #35 MOTION to Strike #29 Declaration,,,,,,,,, filed by Shibumi Shade, Inc.. (Hartzell, Samuel)
August 5, 2021 **TIME CHANGE** Reset Hearing as to #3 Emergency MOTION for Temporary Restraining Order - Motion Hearing set for 8/6/2021 at 10:00 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Tripp, S.)
August 4, 2021 Filing 36 Memorandum in Support regarding #35 MOTION to Strike #29 Declaration,,,,,,,,, filed by Beach Shade LLC, Matthew Finneran. (Felts, Alan)
August 4, 2021 Filing 35 MOTION to Strike #29 Declaration,,,,,,,,, filed by Beach Shade LLC, Matthew Finneran. (Felts, Alan)
August 3, 2021 Filing 34 Financial Disclosure Statement by Matthew Finneran (Felts, Alan)
August 3, 2021 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Matthew Finneran. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Tripp, S.)
August 2, 2021 Filing 33 ANSWER to #1 Complaint,,,, with Jury Demand by Beach Shade LLC, Matthew Finneran. (Felts, Alan)
August 2, 2021 Filing 32 Notice of Special Appearance for non-district by Lauren U. Baker on behalf of Shibumi Shade, Inc.. (Baker, Lauren)
July 30, 2021 Filing 31 Opening Claim Construction Brief by Shibumi Shade, Inc.. (Heard, Preston)
July 30, 2021 Filing 30 Opening Claim Construction Brief by Beach Shade LLC, Matthew Finneran. (Attachments: #1 Exhibit 1. Webster definition of Through, #2 Exhibit 2. Webster definition of Extend) (Felts, Alan)
July 30, 2021 Filing 29 Declaration regarding #28 Reply to Response to Motion by Shibumi Shade, Inc. (Attachments: #1 Index Index of Exhibits, #2 Exhibit Ex. A-1, Customer Confusion M. Margaret, #3 Exhibit Ex. A-2, Customer Confusion Instagram, #4 Exhibit Ex. A-3, Customer Declaration - A. Graf, #5 Exhibit Ex. A-4, Customer Declaration - Al. Murphy, #6 Exhibit Ex. A-5, Customer Declaration - An Murphy, #7 Exhibit Ex. A-6, Customer Declaration - B. Johnson, #8 Exhibit Ex. A-7, Customer Declaration - D. Swaringen, #9 Exhibit Ex. A-8, Customer Declaration - J. Davis, #10 Exhibit Ex. A-9, Customer Declaration - L. Goodwyn, #11 Exhibit Ex. A-10, Customer Declaration - M. Murphy, #12 Exhibit Ex. A-11, Customer Declaration - R. Brown, #13 Exhibit Ex. A-12, Customer Declaration - R. Butler, #14 Exhibit Ex. A-13, Customer Declaration - S. Booth, #15 Exhibit Ex. A-14, Customer Declaration - W. Draper, #16 Exhibit Ex. A-15, Customer Declaration - J. Carroll, #17 Exhibit Ex. A-16, Retailer Declaration - J. White, #18 Exhibit Ex. A-17, Retailer Declaration - J. Taylor, #19 Exhibit Ex. A-18, Retailer Declaration - J. Hobgood, #20 Exhibit Ex. A-19, Retailer Declaration - K. Turner, #21 Exhibit Ex. A-20, Retailer Declaration - L. Hogan, #22 Exhibit Ex. A-21, Retailer Declaration - R. Keesee, #23 Exhibit Ex. A-22, Retailer Declaration - S. Bailey, #24 Exhibit Ex. A-23, Retailer Declaration - P. Gordon, #25 Exhibit Ex. A-24, Retailer Declaration - D. Doyle, #26 Exhibit Ex. A-25, Retailer Declaration - J. Lilly, #27 Exhibit Ex. A-26, Retailer Declaration - A. Robinson, #28 Exhibit Ex. A-27, Retailer Declaration - P. Fullam, #29 Exhibit Ex. A-28, New York Times, #30 Exhibit Ex. A-29, State Magazine, #31 Exhibit Ex. A-30, PBS, #32 Exhibit Ex. A-31, Port City, #33 Exhibit Ex. A-32, Real Simple, #34 Exhibit Ex. A-33, Tar Heel Traveler, #35 Exhibit Ex. A-34, WRAL, #36 Exhibit Ex. A-35, WRAL TechWire, #37 Exhibit Ex. A-36, ABC, #38 Exhibit Ex. A-37, News & Record, #39 Exhibit Ex. A-38, Sewing Facility Letter - DBG, #40 Exhibit Ex. A-39, Sewing Facility Letter - LACorp, #41 Exhibit Ex. A-40, Sewing Facility Letter - TSC) (Heard, Preston)
July 30, 2021 Filing 28 REPLY to Response to Motion regarding #3 Emergency MOTION for Temporary Restraining Order filed by Shibumi Shade, Inc.. (Heard, Preston)
July 29, 2021 Opinion or Order Filing 27 ORDER - PROCEDURES AT THE UNITED STATES COURTHOUSE AT NEW BERN DURING THE COVID-19 PANDEMIC. Signed by District Judge Louise Wood Flanagan on 6/18/2020. (Collins, S.)
July 21, 2021 Filing 26 Joint Claim Construction Statement by Shibumi Shade, Inc.. (Attachments: #1 Exhibit A - Local Patent Rule 304.3(b) Table) (Hartzell, Samuel)
July 14, 2021 Filing 25 Financial Disclosure Statement by Beach Shade LLC (Felts, Alan)
July 14, 2021 Filing 24 Declaration regarding #22 Memorandum in Opposition by Beach Shade LLC, Matthew Finneran (Attachments: #1 Index Index of Exhibits, #2 Exhibit Hunter Patent, #3 Exhibit Suniela Screenshots, #4 Exhibit Sotirkys Patent, #5 Exhibit Butterfly Arch Screenshots, #6 Exhibit 330 Patent File History, #7 Exhibit 117 Patent File History, #8 Exhibit Dictionary Definition, #9 Exhibit Dictionary Definition, #10 Exhibit Dictionary Definition, #11 Exhibit Trademark File History) (Felts, Alan)
July 14, 2021 Filing 23 Declaration regarding #22 Memorandum in Opposition by Beach Shade LLC, Matthew Finneran (Attachments: #1 Exhibit 1 - BSL Product Assembly Guide) (Felts, Alan) Modified on 7/30/2021 to label exhibit. (Collins, S.).
July 14, 2021 Filing 22 Memorandum in Opposition regarding #3 Emergency MOTION for Temporary Restraining Order filed by Beach Shade LLC, Matthew Finneran. (Felts, Alan)
July 14, 2021 Filing 21 Notice of Appearance filed by David W. Sar on behalf of All Defendants. (Sar, David)
July 2, 2021 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to Answer regarding #1 Complaint. Defendants Beach Shade LLC and Matthew Finneran answer due 8/2/2021. Signed by District Judge Louise Wood Flanagan on 7/2/2021. (Collins, S.)
July 1, 2021 Filing 19 MOTION for Extension of Time to File Answer filed by Beach Shade LLC, Matthew Finneran. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order) (Felts, Alan)
June 29, 2021 Opinion or Order Filing 18 CONSENT ORDER REGARDING PLAINTIFF SHIBUMI SHADE, INC.'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER - Plaintiff's Motion is set for hearing on August 6, 2021 at 9:00 a.m. in New Bern, NC. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 6/29/2021. (Collins, S.)
June 29, 2021 Set Hearing as to #3 Emergency MOTION for Temporary Restraining Order. Motion Hearing set for 8/6/2021 at 9:00 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Collins, S.)
June 29, 2021 Opinion or Order TEXT ORDER - The parties are directed to file a joint claim construction statement, as described in Local Patent Rule 304.3, by July 21, 2021, to aid the court in "tentative claim construction" insofar as such is needed to resolve plaintiff's motion for preliminary injunction. See Jack Guttman, Inc. v. Kopykake Enterprises, Inc., 302 F.3d 1352, 1361 (Fed. Cir. 2002). If separate briefing is required to resolve the claim construction dispute, the parties are directed to propose a schedule for such in their Rule 304.3 filing. Signed by District Judge Louise Wood Flanagan on 6/29/2021. (Collins, S.)
June 25, 2021 Filing 17 Notice filed by Shibumi Shade, Inc. regarding #16 Pretrial Conference - Interim, (Joint Notice of Proposed Consent Order Regarding Plaintiff Shibumi Shade, Inc.s Emergency Motion for Temporary Restraining Order). (Attachments: #1 Text of Proposed Order) (Hartzell, Samuel)
June 21, 2021 Filing 16 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Rule 16 Pretrial Conference held on 6/21/2021. Counsel present for all parties. Proposed Consent Order, or alternatively stipulation, due by 6/25/21 memorializing conference and proposed briefing schedule as well as hearing date. Defendants' written agreement due by 6/25/21. (Court Reporter Tracy McGurk) (Collins, S.)
June 21, 2021 Filing 15 Declaration regarding Notice of Deficiency, #3 Emergency MOTION for Temporary Restraining Order by Shibumi Shade, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - June 13, 2021 Amazon listing for Beach Shade, #3 Exhibit B - June 14, 2021 Text Message from Chuck Morrow, #4 Exhibit C - June 14, 2021 Message received from Shibumi Shade customer, #5 Exhibit D - June 14, 2021 Email from customer Chris Evans to Alex Slater, #6 Exhibit E - June 14, 2021 Question and Answer posted on the Amazon listing for Beach Shade, #7 Exhibit F - June 15, 2021 Customer Review on the Amazon listing for Beach Shade, #8 Exhibit G - June 16, 2021 Customer Review on the Amazon listing for Beach Shade, #9 Exhibit H - June 16, 2021 Customer Review on the Amazon listing for Beach Shade, #10 Exhibit I - June 16, 2021 Facebook post on the Friends of Sunset Beach, NC page, #11 Exhibit J - June 16, 2021 Customer Review on the Amazon listing for Beach Shade) (Heard, Preston)
June 21, 2021 Filing 14 PATENT REPORT - Sent via US mail to Director of the US Patent and Trademark Office, P O Box 1450, Alexandria, VA 22313-1450. (Collins, S.)
June 21, 2021 NOTICE OF DEFICIENCY regarding #13 Declaration. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Collins, S.)
June 18, 2021 Filing 13 **CORRECTED AND REFILED AT #15 ** Declaration regarding #3 Emergency MOTION for Temporary Restraining Order - Supplemental Declaration of Dane Barnes by Shibumi Shade, 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) (Heard, Preston) Modified on 7/30/2021 (Collins, S.).
June 18, 2021 Filing 12 Notice of Special Appearance for non-district by Preston Hamilton Heard on behalf of Shibumi Shade, Inc.. (Heard, Preston)
June 16, 2021 Filing 11 SUMMONS Returned Executed by Shibumi Shade, Inc.. Matthew Finneran served on 6/15/2021, answer due 7/6/2021. (Hartzell, Samuel)
June 16, 2021 Filing 10 SUMMONS Returned Executed by Shibumi Shade, Inc.. Beach Shade LLC served on 6/15/2021, answer due 7/6/2021. (Hartzell, Samuel)
June 15, 2021 Filing 9 Notice of Appearance filed by Jeffrey Scott Southerland on behalf of All Defendants. (Southerland, Jeffrey)
June 15, 2021 Filing 8 Notice of Appearance filed by Alan B. Felts on behalf of All Defendants. (Felts, Alan)
June 14, 2021 Filing 7 Notice of Appearance filed by Samuel B. Hartzell on behalf of Shibumi Shade, Inc.. (Hartzell, Samuel)
June 14, 2021 Filing 6 Summons Issued as to Beach Shade LLC, Matthew Finneran. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.)
June 14, 2021 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.)
June 14, 2021 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.)
June 11, 2021 Filing 5 Declaration regarding #3 Emergency MOTION for Temporary Restraining Order by Shibumi Shade, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A-1 - Beachshade.com $150 Price, #3 Exhibit A-2 - Beach Shade Facebook Page, #4 Exhibit A-3 - Beach Shade Instagram, #5 Exhibit A-4 - May 27, 2021 Shibumi Shade Demand Letter to Beach Shade, #6 Exhibit A-5 - Amazon Website showing $150 Price, #7 Exhibit A-6 - Beachshade.com Buy Now, #8 Exhibit A-7 - Amazon Website showing $174.99 Price, #9 Exhibit A-8 - Customer Confusion 1, #10 Exhibit A-9 - Customer Confusion 2, #11 Exhibit A-10 - Customer Confusion 3, #12 Exhibit A-11 - Customer Confusion 4, #13 Exhibit A-12 - Customer Confusion 5, #14 Exhibit A-13 - Customer Confusion 6) (Hartzell, Samuel)
June 11, 2021 Filing 4 Memorandum in Support regarding #3 Emergency MOTION for Temporary Restraining Order filed by Shibumi Shade, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - May 27, 2021 Shibumi Shade Demand Letter to Beach Shade, #3 Exhibit B - June 2, 2021 Email from B. Hurt, #4 Exhibit C - June 7, 2021 Email from P. Heard, #5 Exhibit D - June 9, 2021 Email from B. Hurt, #6 Exhibit E - June 11, 2021 Email from P. Heard, #7 Exhibit F - '330 Claim Chart, #8 Exhibit G - '117 Claim Chart) (Hartzell, Samuel)
June 11, 2021 Filing 3 Emergency MOTION for Temporary Restraining Order filed by Shibumi Shade, Inc.. (Attachments: #1 Text of Proposed Order) (Hartzell, Samuel)
June 11, 2021 Filing 2 Financial Disclosure Statement by Shibumi Shade, Inc. (Hartzell, Samuel)
June 11, 2021 Filing 1 COMPLAINT against Beach Shade LLC, Matthew Finneran ( Filing fee $ 402 receipt number 0417-6088416.), filed by Shibumi Shade, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Beachshade.com Buy Now, #3 Exhibit B - Beach Shade Facebook Page, #4 Exhibit C - Beach Shade Instagram, #5 Exhibit D - Amazon Website showing $150 Price, #6 Exhibit E - Amazon Website showing $174.99 Price, #7 Exhibit F - US Pat No. 10,190,330, #8 Exhibit G - '330 Claim Chart, #9 Exhibit H - US Pat No. 10,753,117, #10 Exhibit I - '117 Claim Chart, #11 Exhibit J - May 27, 2021 Shibumi Shade Demand Letter to Beach Shade, #12 Exhibit K - June 2, 2021 Email from B. Hurt, #13 Exhibit L - June 7, 2021 Email from P. Heard, #14 Exhibit M - June 9, 2021 Email from B. Hurt, #15 Exhibit N - June 11, 2021 Email from P. Heard, #16 Civil Cover Sheet, #17 Proposed Summons for Beach Shade LLC, #18 Proposed Summons for Matthew Finneran) (Hartzell, Samuel)
June 11, 2021 Motion Submitted to District Judge Louise Wood Flanagan regarding #3 Emergency MOTION for Temporary Restraining Order. (Tripp, S.)
June 11, 2021 **** Set Hearing: Telephonic Rule 16 Pretrial Conference set for 6/21/2021 at 3:30 PM before District Judge Louise Wood Flanagan. Counsel will receive the necessary dial in instructions via email in advance of the conference (Tripp, S.)

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Defendant: Matthew Finneran
Represented By: Jeffrey Scott Southerland
Represented By: Alan B. Felts
Represented By: David W. Sar
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Defendant: Beach Shade LLC
Represented By: Jeffrey Scott Southerland
Represented By: Alan B. Felts
Represented By: David W. Sar
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Plaintiff: Shibumi Shade, Inc.
Represented By: Samuel B. Hartzell
Represented By: Lauren U. Baker
Represented By: Preston H. Heard
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