H.M. Richards, Inc. et al v. Hickory Springs Manufacturing Company et al
| H.M. Richards, Inc., Foamco Sales, Inc., Prime Designs, Inc., Legends, Inc. and Houston Foam Fabricators, Inc. |
| Hickory Springs Manufacturing Company, Valle Foam Industries, Inc., Domfoam International, Inc., Carpenter Company, Inc., The Woodbridge Group, Flexible Foam Products, LLC, Scottdel, Inc., Foamex Innovations, Inc., Future Foam, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Leggett & Platt, Inc. and Woodbridge Foam Corporation |
| 3:2011pf10008 |
| April 13, 2011 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary (MDL2196) |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Both |
Docket Report
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Filing 83
Stipulation and Order of Dismissal, with prejudice, of Plaintiffs' claims against Defendant Future Foam, Inc. As there are no remaining defendants in the instant action. This case is closed. Related document #82 . Signed by Judge Jack Zouhary on 3/2/2016. (R,Sh)
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| Filing 82 Joint Proposed Stipulation Dismissing Claims against Future Foam, Inc. filed by Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Proposed Order)(Deas, W.) |
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Filing 81
Order of dismissal, with prejudice, of Plaintiffs' claims against Foamex Innovations, Inc. Related documents #78 , #79 , #80 . Signed by Judge Jack Zouhary (MDL2196) on 12/8/2015. (Attachments: #1 Order of Dismissal, with prejudice, of Plaintiff H.M. Richards, Inc.'s claims against Foamex Innovations, Inc., #2 Order of Dismissal, with prejudice, of Plaintiff Houston Foam Fabricators, Inc.'s claims against Foamex Innovations, Inc.)(K,K)
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| Filing 80 Joint Proposed Stipulation Dismissing Claims against FXI Holdings, Inc. (f/k/a Foamex Innovations, Inc.) filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 79 Joint Proposed Stipulation Dismissing Claims against FXI Holdings, Inc. (f/k/a Foamex Innovations, Inc.) filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 78 Joint Proposed Stipulation Dismissing Claims against FXI Holdings, Inc. (f/k/a Foamex Innovations, Inc.) filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 77 Filing Error - Mohawk Industries, Inc. not a party to this action. Joint Proposed Stipulation Dismissing Claims against Mohawk Industries, Inc. filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified text; notice regenerated 8/7/2015 (K,K). |
| Filing 76 Filing Error - Mohawk Industries, Inc. not a party to this action. Joint Proposed Stipulation Dismissing Claims against Mohawk Industries, Inc. filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified text; notice regenerated 8/7/2015 (K,K). |
| Filing 75 Filing Error - Mohawk Industries, Inc. not a party to this action. Joint Proposed Stipulation Dismissing Claims against Mohawk Industries, Inc. filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified text; notice regenerated 8/7/2015 (K,K). |
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Filing 74
Order of dismissal, with prejudice, of Plaintiffs' claims against the Woodbridge Defendants. Related documents #71 , #72 , #73 . Signed by Judge Jack Zouhary (MDL2196) on 7/1/2015. (Attachments: #1 Order of Dismissal, with prejudice, of Plaintiff H.M. Richards, Inc.'s claims against Woodbridge Defendants, #2 Order of Dismissal, with prejudice, of Plaintiff Houston Foam Fabricators, Inc.'s claims against Woodbridge Defendants)(K,K)
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| Filing 73 Joint Proposed Stipulation Dismissing Claims against Woodbridge Foam Corporation and Woodbridge Foam Fabricating, Inc. filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified on 7/1/2015 (K,K). |
| Filing 72 Joint Proposed Stipulation Dismissing Claims against Woodbridge Foam Corporation and Woodbridge Foam Fabricating, Inc. filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified on 7/1/2015 (K,K). |
| Filing 71 Joint Proposed Stipulation Dismissing Claims against Woodbridge Foam Corporation and Woodbridge Foam Fabricating, Inc. filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) Modified on 7/1/2015 (K,K). |
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Filing 70
Order of dismissal, with prejudice, of Plaintiffs' claims against Leggett & Platt, Inc. Related documents #67 , #68 , #69 . Signed by Judge Jack Zouhary (MDL2196) on 5/18/2015. (Attachments: #1 Order of Dismissal, with prejudice, of Plaintiff H.M. Richards, Inc.'s claims against Leggett & Platt, Inc., #2 Order of Dismissal, with prejudice, of Plaintiff Houston Foam Fabricators, Inc. claims against Leggett & Platt, Inc.)(K,K)
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| Filing 69 Joint Proposed Stipulation Dismissing Claims against Leggett & Platt, Incorporated filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 68 Joint Proposed Stipulation Dismissing Claims against Leggett & Platt, Incorporated filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 67 Joint Proposed Stipulation Dismissing Claims against Leggett & Platt, Incorporated filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
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Filing 66
Order of Dismissal, with prejudice, of Plaintiffs' claims against Hickory Springs Manufacturing Company. Related documents #63 , #64 , and #65 . Signed by Judge Jack Zouhary (MDL2196) on 11/26/2014. (Attachments: #1 Order of Dismissal, with prejudice, of Plaintiff H.M. Richards, Inc.'s claims against Hickory Springs Manufacturing Company, #2 Order of Dismissal, with prejudice, of Plaintiff Houston Foam Fabricators, Inc.'s claims against Hickory Springs Manufacturing Company)(K,K)
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| Filing 65 Joint Proposed Stipulation Dismissing Claims against Hickory Springs Manufacturing Company filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 64 Joint Proposed Stipulation Dismissing Claims against Hickory Springs Manufacturing Company filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 63 Joint Proposed Stipulation Dismissing Claims against Hickory Springs Manufacturing Company filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
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Filing 62
Order of Dismissal, with prejudice, of Plaintiffs' claims against Carpenter Co. Related documents #59 , #60 , #61 . Signed by Judge Jack Zouhary (MDL2196) on 11/24/2014. (Attachments: #1 Order of Dismissal, with prejudice, of Plaintiff Houston Foam Fabricators, Inc.'s claims against Carpenter Co., #2 Order of Dismissal, with prejudice, of Plaintiff Foamco Sales, Inc.'s claims against Carpenter Co.)(K,K)
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| Filing 61 Joint Proposed Stipulation dismissing claims against Carpenter Co. filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 60 Joint Proposed Stipulation dismissing claims against Carpenter Co. filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 59 Joint Proposed Stipulation dismissing claims against Carpenter Co. filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
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Filing 58
Order of Dismissal, with prejudice, of Plaintiffs' claims against FFP Holdings LLC (f/k/a Flexible Foam Products, Inc.). Related documents #55 , #56 , #57 . Signed by Judge Jack Zouhary (MDL2196) on 11/6/2014. (Attachments: #1 Order Dismissing H.M. Richards, Inc.'s claims against Flexible Foam Products, Inc., #2 Order Dismissing Houston Foam Fabricators, Inc.'s claims against Flexible Foam Products, Inc.)(K,K)
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| Filing 57 Joint Proposed Stipulation dismissing claims against FFP Defendants filed by Houston Foam Fabricators, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 56 Joint Proposed Stipulation dismissing claims against FFP Defendants filed by H.M. Richards, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 55 Joint Proposed Stipulation dismissing claims against FFP Defendants filed by Foamco Sales, Inc.. (Attachments: #1 Exhibit Order of Dismissal)(Deas, W.) |
| Filing 54 Notice of Service of Response of Houston Foam Fabricators, Inc. to Defendants' First Seet of Interrogatories to all Plaintiffs filed by Houston Foam Fabricators, Inc.. (Liston, William) |
| Filing 53 Notice of Service of Response of H M Richards, Inc. to Defendants' First Set of Interrogatories to all Plaintiffs filed by H.M. Richards, Inc.. (Liston, William) |
| Filing 52 Notice of Service of Response of FoamcoSales Inc. to Defendants' First Set of Interrogatories to all Plaintiffs filed by Foamco Sales, Inc.. (Liston, William) |
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Filing 51
Order of Discovery Conference held on 1/24/14 before Magistrate Judge James R. Knepp. DAVIS: Contentions 1, 2, 4, 5, 6, 7, 8, 10, and 11 have been addressed and are denied as moot. Defendant is permitted to reconvene 30(b)(6) deposition of Davis solely for purpose of inquiry spurred by review of recently produced documents. Contention 3 is denied as moot. Contention 9 is overruled. Contention number 12 is also overruled. If Plaintiff finds indicia that the late Mr. Davis may have utilized personal email account to conduct company business, contents of that email account should be recovered and examined for presence of responsive information. HOUSTON: Contention 1 is granted to extent Houston is able to locate any profit and loss statements not previously produced and shall inquire as to availability of any such information from its outside accountants. Regarding contention 8, Plaintiff is to produce summary document which contains identity of Houston's customers, dates Houston supplied those customers, and what those customers bought. Addressing contention 11 Plaintiff is to produce customer specifications. Such production shall be marked as Highly Confidential and For Attorneys Eyes Only. Remaining contentions are overruled as moot. JOHNSON: Each contention is denied or denied as moot. HENSON: Defendants' contentions are overruled as moot. Magistrate Judge James R. Knepp, II on 1/29/14. Time: 2 hours 30 minutes. (Attachments: #1 Exhibits to Response 01-17-10, #2 1-17-10 - Response to Defendants' Discovery Submission, #3 1-10-2014 Letter Submission re. Discovery Dispute) (A,P)
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| Notice [non-document] of Telephone Discovery Hearing set for 1/24/2014 at 10:00 AM before Magistrate Judge James R. Knepp II. (A,P) |
| Filing 50 Objection & Responses to Defendants' Fed.R.CIV.P. 30(b)(6) Deposition Notice filed by Houston Foam Fabricators, Inc.. (Deas, W.) |
| Filing 49 Objection & Responses to Defendants' Fed.R.CIV.P. 30(b)(6) Deposition Notice filed by Foamco Sales, Inc.. (Deas, W.) |
| Filing 48 Marginal Entry Order granting Plaintiffs Legends Inc., and Prime Design Inc. claims without prejudice pursuant to FRCP 41(a)(2). (Related Doc #46 ). Judge Jack Zouhary on 11/8/2013.(S,R) |
| Filing 47 Responses and Objection to 30(b)(6) Deposition Notice filed by H.M. Richards, Inc. (McHenry, Michael) Modified on 11/4/2013 (S,R). |
| Filing 46 Motion to dismiss party filed by Legends, Inc., Prime Designs, Inc.. (McHenry, Michael) |
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Filing 45
Order of Dismissal, with prejudice, of the Plaintiff's Claims against the Vitafoam Defendants. (Related Doc #44 ). Jack Zouhary on 9/13/2013.(S,R)
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| Filing 44 Motion to dismiss case against Vitafoam Defendants filed by Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc. (Attachments: #1 Exhibit Order of Dismisal)(McHenry, Michael) Modified on 9/13/2013 (S,R). |
| Filing 43 Subpoena Returned Executed; served upon Advanced Urethane Technologies, Inc by hand delivery to Registered Agent: Corporation Service Company on 10/30/2012 filed on behalf of Houston Foam Fabricators, Inc. (Deas, W.) |
| Filing 42 Corporate Disclosure Statement filed by H.M. Richards, Inc.. (McHenry, Michael) |
| Filing 41 Corporate Disclosure Statement filed by Legends, Inc.. (McHenry, Michael) |
| Filing 40 Corporate Disclosure Statement filed by Houston Foam Fabricators, Inc.. (McHenry, Michael) |
| Filing 39 Corporate Disclosure Statement filed by Prime Designs, Inc.. (McHenry, Michael) |
| Filing 38 Answer to #27 Amended complaint, filed by Carpenter Company, Inc.. (Lukitsch, Bethany) |
| Filing 37 Answer to #27 Amended complaint, filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy) |
| Filing 36 Answer to #27 Amended complaint, filed by Woodbridge Foam Corporation. (Kop, Allison) |
| Filing 35 Answer to #27 Amended complaint, filed by Foamex Innovations, Inc.. (Ryan, Peter) |
| Filing 34 Answer to Complaint with Jury Demand and Affirmative Defenses to Direct Action Non-Class Plaintiffs' Complaint filed by Flexible Foam Products, Inc. (Millard, Kendall) Modified on 5/16/2012 (S,R). |
| Filing 33 Answer to #27 Amended complaint, filed by Future Foam, Inc.. (Blinn, Meghan) |
| Filing 32 Answer to #27 Amended complaint filed by Hickory Springs Manufacturing Company. (McGuire, Matthew) |
| Filing 31 Answer to #27 First Amended complaint filed by Leggett & Platt, Inc. (Novion, Laurie) Modified on 4/17/2012 (S,R). |
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Filing 30
Order dismissing claims against defendants Domfoam International Inc. and Valle Foam Industries without prejudice, each side to bear its own attorneys fees and costs #28 . Judge Jack Zouhary (MDL2196) on 3/30/2012. (S,J)
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| Filing 29 Attorney Appearance by Michael B. McHenry filed by on behalf of All Plaintiffs. (McHenry, Michael) |
| Filing 28 Stipulation For Dismissal, Without Prejudice, Of The Plaintiffs' Claims Against Defendants Domfoam and Valle Foam filed by All Plaintiffs. (Deas, W.) |
| Filing 27 First Amended complaint against Carpenter Company, Inc., Flexible Foam Products, Inc., Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Scottdel, Inc., The Woodbridge Group, Vitafoam Products Canada Limited, Vitafoam, Inc. and adding new party defendant(s) Leggett & Platt, Inc.. Filed by Foamco Sales, Inc., Legends, Inc., Houston Foam Fabricators, Inc., H.M. Richards, Inc., Prime Designs, Inc.. (Deas, W.) |
| Filing 26 Marginal Entry Order granting Motion to amend complaint (Related Doc #25 ). Judge Jack Zouhary on 3/19/12.(C,D) |
| Filing 25 Motion to amend complaint filed by Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc.. Related document(s) #1 . (Attachments: #1 Exhibit "A" - First Amended Complaint)(Deas, W.) |
| Filing 24 Notice of Service of F.R.C.P. 26(a)(1) Initial Disclosures filed by H.M. Richards, Inc. (Deas, W.) Modified on 2/27/2012 (S,R). |
| Filing 23 Notice of Service of Prime Designs, Inc.'s F.R.C.P. 26(a)(1) Initial Disclosures filed by Prime Designs, Inc.. (Deas, W.) |
| Filing 22 Notice of Service of Legends, Inc.'s F.R.C.P. 26(a)(1) Initial Disclosures filed by Legends, Inc.. (Deas, W.) |
| Filing 21 Marginal Entry Order re #19 denying as moot without prejudice Motion to suspend litigation against Domfoam International, Inc. and Valle Foam Industries (1995) Inc.. Judge Jack Zouhary (MDL2196) on 2/15/2012. (W,G) |
| Filing 20 Notice of Service of F.R.C.P. 26(a)(1) Intial Disclosures filed by Foamco Sales, Inc. (Deas, W.) Modified on 2/23/2012 (S,R). |
| Filing 19 Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Silver, Elliot) |
| Filing 18 Notice of Service of Direct Action (Non-Class) Plaintiffs H.M. Richards, Inc., Prime Designs, Inc., Foamco Sales, Inc., Legends, Inc., and Houston Foam Fabricators, Inc.'s Responses to Defendants' First set of Requests for Production of Documents and Things filed by Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc.. (Deas, W.) |
| Filing 17 Amended Answer to #1 Complaint, with Jury Demand filed by Future Foam, Inc. (Blinn, Meghan) |
| Filing 16 Answer to #1 Complaint with Jury Demand filed by The Woodbridge Group. (Kop, Allison) Modified on 12/9/2011 (S,R). |
| Filing 15 Answer to #1 Complaint, filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy) |
| Filing 14 Answer to #1 Complaint, with Jury Demand filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Silver, Elliot) |
| Filing 13 Answer to #1 Complaint with Jury Demand filed by Foamex Innovations, Inc. (Newell, Francis) |
| Filing 12 Answer to #1 Complaint, with Jury Demand filed by Hickory Springs Manufacturing Company. (McGuire, Matthew) |
| Filing 11 Answer to #1 Complaint with Jury Demand filed by Future Foam, Inc. (Blinn, Meghan) Modified on 9/30/2011 (S,R). |
| Filing 10 Answer and Affirmative Defenses to Direct Action Non-Class Plaintiffs' #1 Complaint filed by Flexible Foam Products, Inc. (Millard, Kendall) Modified on 9/30/2011 (S,R). |
| Filing 9 Answer to #1 Complaint with Jury Demand filed by Carpenter Company, Inc. (Lukitsch, Bethany) |
| See Entry 229 in 10MD2196 regarding Related document(s) #8 . (C,D) |
| Filing 8 Proposed Order Extending Time for Defendants to Answer Plaintiffs' Complaint filed by Carpenter Company, Inc., Domfoam International, Inc., Flexible Foam Products, Inc., Foamco Sales, Inc., Foamex Innovations, Inc., Future Foam, Inc., H.M. Richards, Inc., Hickory Springs Manufacturing Company, Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc., The Woodbridge Group, Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc.. (Lukitsch, Bethany) |
| Filing 7 CASE TRANSFERRED IN from District of Mississippi Northern. Case number 1:11-cv-00067. Original file, certified copy of transfer order and docket sheet received. |
| Filing 6 Case Transferred to District of Northern Ohio. Case Transferred via ECF. CASE CLOSED. (jla) [Transferred from msnd on 4/13/2011.] |
| Filing 5 CONDITIONAL TRANSFER ORDER to MDL (CTO-3) transferring cause to Northern District of Ohio (jla) [Transferred from msnd on 4/13/2011.] |
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Filing 4
ORDER granting #3 Joint Motion for Extension of Time to Answer. Vitafoam Products Canada Limited and Vitafoam, Inc. are not required to answer pending any decision regarding transfer and consolidation by the Judicial Panel on Multi-District Litigation, etc. Signed by Mag. Judge Jerry A. Davis on 4/4/2011. (jkj) [Transferred from msnd on 4/13/2011.]
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| Filing 3 Joint MOTION for Extension of Time to File Answer re #2 Summons Issued, #1 Complaint,, by Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc.. (Deas, William) [Transferred from msnd on 4/13/2011.] |
| Filing 2 Summons Issued as to Domfoam International, Inc., Flexible Foam Products, Inc., Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Scottdel, Inc., The Carpenter Company, Inc., The Woodbridge Group, Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc.. (dlh) [Transferred from msnd on 4/13/2011.] |
| Filing 1 COMPLAINT against Domfoam International, Inc., Flexible Foam Products, Inc., Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Scottdel, Inc., The Carpenter Company, Inc., The Woodbridge Group, Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Jury Demand, Filing fee $ 350, receipt number MSN100000629, filed by Foamco Sales, Inc., Legends, Inc., Houston Foam Fabricators, Inc., H.M. Richards, Inc., Prime Designs, Inc.. (Attachments: #1 Civil Cover Sheet) (dlh) [Transferred from msnd on 4/13/2011.] |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Davis. (dlh) [Transferred from msnd on 4/13/2011.] |
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