Shibumi Shade, Inc. v. Beach Shade LLC et al
| Shibumi Shade, Inc. |
| Beach Shade LLC and Matthew Finneran |
| 5:2023cv00297 |
| June 5, 2023 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Louise Wood Flanagan |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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Filing 28
REPLY to Response to Motion regarding #25 MOTION for Limited Expedited Discovery, Extension of Time to File Opposition to Plaintiff's PI Motion, and for Hearing on PI Motion regarding #17 MOTION for Preliminary Injunction filed by Beach Shade LLC, Matthew Finneran. (Van Arnam, Robert)
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Filing 27
RESPONSE in Opposition regarding #25 MOTION for Limited Expedited Discovery, Extension of Time to File Opposition to Plaintiff's PI Motion, and for Hearing on PI Motion regarding #17 MOTION for Preliminary Injunction filed by Shibumi Shade, Inc.. (Attachments: #1 Exhibit A - Trebro Mfg., Inc. v. Firefly Equip., LLC) (Heard, Preston)
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Filing 26
Memorandum in Support regarding #25 MOTION for Limited Expedited Discovery, Extension of Time to File Opposition to Plaintiff's PI Motion, and for Hearing on PI Motion regarding #17 MOTION for Preliminary Injunction by Beach Shade LLC, Matthew Finneran. (Attachments: #1 Exhibit A. Proposed 30(b)(6) Depo Notice, #2 Exhibit B. Proposed Requests for Production, #3 Exhibit C. Proposed Interrogatories, #4 Exhibit D. Shibumi Dec. 12, 2022 Office Action Response) (Van Arnam, Robert)
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Filing 25
MOTION for Limited Expedited Discovery, Extension of Time to File Opposition to Plaintiff's PI Motion, and for Hearing on PI Motion regarding #17 MOTION for Preliminary Injunction filed by Beach Shade LLC, Matthew Finneran. (Attachments: #1 Text of Proposed Order) (Van Arnam, Robert)
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Filing 24
Notice of Special Appearance for non-district by Christine H. Dupriest on behalf of Shibumi Shade, Inc.. (Dupriest, Christine)
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Filing 23
Memorandum in Support regarding #22 MOTION to Seal Document #19 PROPOSED SEALED Declaration of Dane Barnes ISO Shibumi's Motion for Preliminary Injunction filed by Shibumi Shade, Inc.. (Hartzell, Samuel)
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Filing 22
MOTION to Seal Document #19 PROPOSED SEALED Declaration of Dane Barnes ISO Shibumi's Motion for Preliminary Injunction filed by Shibumi Shade, Inc.. (Attachments: #1 Text of Proposed Order) (Hartzell, Samuel)
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Filing 21
Declaration regarding #18 Memorandum in Support, by Shibumi Shade, Inc. (Attachments: #1 Exhibit B-1 - Stephen Melamed CV, #2 Exhibit B-2 - List of Materials Considered, #3 Exhibit B-3 - '924 Claim Chart, #4 Exhibit B-4 - BSL Product Assembly Guide) (Hartzell, Samuel)
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Filing 20
REDACTION to #19 PROPOSED SEALED Declaration of Dane Barnes ISO Shibumi's Motion for Preliminary Injunction by Shibumi Shade, Inc. (Attachments: #1 Index Exhibits, #2 Exhibit A-1 - Food & Wine article, #3 Exhibit A-2 - The Robb Report, #4 Exhibit A-3 - Travel and Leisure article, #5 Exhibit A-4 - Forbes Magazine article, #6 Exhibit A-5 - NY Times article, #7 Exhibit A-6 - Real Simple article, #8 Exhibit A-7 - Port City article, #9 Exhibit A-8 - State Magazine article, #10 Exhibit A-9 - NY Times article, #11 Exhibit A-10 - WRAL TechWire article, #12 Exhibit A-11 - Tar Heel Traveler article, #13 Exhibit A-12 - WRAL article, #14 Exhibit A-13 - PBS interview, #15 Exhibit A-14 - News and Record article, #16 Exhibit A-15 - ABC article, #17 Exhibit A-16 - Matt Finneran LinkedIn, #18 Exhibit A-17 - Will McQuain LinkedIn, #19 Exhibit A-18 - Beach Shade listing on Amazon, #20 Exhibit A-19 - Beach Shade Home Page, #21 Exhibit A-20 - Beach Shade listing on Amazon with reviews, #22 Exhibit A-21 - Amazon Seller Central top search term reports, #23 Exhibit A-22 - Beach Shade Facebook customer reviews, #24 Exhibit A-23 - Beach Shade Website reviews, #25 Exhibit A-24 - Shipping Records, #26 Exhibit A-25 - Email from REI manager, #27 Exhibit A-26 - Text message from Oki Pirate, #28 Exhibit A-27 - Beach Shade Facebook page, #29 Exhibit A-28 - Beach Shade Facebook posts, #30 Exhibit A-29 - Jungle Scout, #31 Exhibit A-30 - Beach Shade Instagram page, #32 Exhibit A-31 - Beach Shade Facebook comments, #33 Exhibit A-32 - Alibaba & Taobao listings) (Hartzell, Samuel)
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Filing 19
PROPOSED SEALED Declaration (Selected Participants Only)by Shibumi Shade (available to: Defendants Beach Shade LLC, Matthew Finneran, Plaintiff Shibumi Shade, Inc.) regarding #18 Memorandum in Support,. (Hartzell, Samuel)
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Filing 18
Memorandum in Support regarding #17 MOTION for Preliminary Injunction filed by Shibumi Shade, Inc.. (Attachments: #1 Index Exhibits, #2 Exhibit 1 - May 5, 2023 Email, #3 Exhibit 2 - May 10, 2023 Email, #4 Exhibit 3 - U.S. Patent No. 11,634,924, #5 Exhibit 4 - U.S. Patent No. D989,350, #6 Exhibit 5 - U.S. Patent No. D990,605) (Hartzell, Samuel)
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Filing 17
MOTION for Preliminary Injunction filed by Shibumi Shade, Inc.. (Attachments: #1 Text of Proposed Order) (Hartzell, Samuel)
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Filing 16
AMENDED COMPLAINT against Beach Shade LLC, Matthew Finneran, filed by Shibumi Shade, Inc.. (Attachments: #1 Index Exhibits, #2 Exhibit A - BeachShade.com Home Page, #3 Exhibit B - BeachShade.com Shop Page, #4 Exhibit C - BeachShade listing on Amazon, #5 Exhibit D - Beach Shade Facebook Page, #6 Exhibit E - Beach Shade Instagram Page, #7 Exhibit F - U.S. Pat. No. 11,634,924, #8 Exhibit G - 924 Patent Claim Chart, #9 Exhibit H - U.S. Patent No. D989,350, #10 Exhibit I - 350 Patent Claim Chart, #11 Exhibit J - U.S. Patent No. D990,605, #12 Exhibit K - 605 Patent Claim Chart) (Hartzell, Samuel) Modified on 7/28/2023 (Collins, S).
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Filing 15
Waiver of Service Returned Executed filed by Shibumi Shade, Inc.. Matthew Finneran waiver sent on 6/16/2023, answer due 8/15/2023. (Hartzell, Samuel)
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Filing 14
Waiver of Service Returned Executed filed by Shibumi Shade, Inc.. Beach Shade LLC waiver sent on 6/16/2023, answer due 8/15/2023. (Hartzell, Samuel)
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Filing 13
Notice of Special Appearance for non-district by Julie Giardina on behalf of Shibumi Shade, Inc.. (Giardina, Julie)
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Filing 12
Financial Disclosure Statement by Beach Shade LLC (Matthews, Richard)
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Filing 11
Notice of Appearance filed by Carmelle F. Alipio on behalf of Beach Shade LLC, Matthew Finneran. (Alipio, Carmelle)
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Filing 10
Notice of Appearance filed by Andrew Robert Shores on behalf of Beach Shade LLC, Matthew Finneran. (Shores, Andrew)
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Filing 9
Notice of Appearance filed by Robert C. Van Arnam on behalf of Beach Shade LLC, Matthew Finneran. (Van Arnam, Robert)
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Filing 8
Notice of Appearance filed by Richard T. Matthews on behalf of Beach Shade LLC, Matthew Finneran. (Matthews, Richard)
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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.)
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TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings should reflect the revised case number of 5:23-CV-297-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 6/13/2023. (Hockaday, A.)
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Filing 7
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.*) (Rudd, D.)
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Filing 6
PATENT REPORT: Sent via US mail to Director of the US Patent and Trademark Office, P O Box 1450, Alexandria, VA 22313-1450 mailed on June 7, 2023. (Rudd, D.)
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Filing 5
Notice of Special Appearance for non-district by Preston H. Heard on behalf of Shibumi Shade, Inc.. (Heard, Preston)
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Filing 4
Notice of Special Appearance for non-district by Samuel B. Hartzell on behalf of Shibumi Shade, Inc.. (Hartzell, Samuel)
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Filing 3
Notice of Appearance filed by Samuel B. Hartzell on behalf of Shibumi Shade, Inc.. (Hartzell, Samuel)
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Filing 2
Financial Disclosure Statement by Shibumi Shade, Inc. (Hartzell, Samuel)
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Filing 1
COMPLAINT against Beach Shade LLC, Matthew Finneran ( Filing fee $ 402 receipt number ANCEDC-7122391.), filed by Shibumi Shade, Inc.. (Attachments: #1 Index Exhibits, #2 Exhibit A - BeachShade.com Home Page, #3 Exhibit B - BeachShade.com Shop Page, #4 Exhibit Amazon Website Showing $199 Price, #5 Exhibit D - Beach Shade Facebook Page, #6 Exhibit E - Beach Shade Instagram Page, #7 Exhibit F - U.S. Pat. No. 11,634,924, #8 Exhibit G - 924 Patent Claim Chart, #9 Civil Cover Sheet, #10 Proposed Summons Beach Shade, #11 Proposed Summons Matthew Finneran) (Hartzell, Samuel)
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