Mattress Venture, LLC, The et al v. Power of One, LLC et al
Plaintiff: Mattress Venture, LLC, The, Mattress Venture, L.P., The and Mattress Firm Inc
Defendant: Power of One, LLC, Bed World LLC and Adam Fazio
Case Number: 9:2021cv03858
Filed: November 24, 2021
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2022 Opinion or Order Filing 11 ***DOCUMENT E-MAILED 10 Text Order, to Counsel for defendants per #9 (sshe, )
January 14, 2022 Opinion or Order Filing 10 TEXT ORDER: Plaintiffs filed an amended complaint and motion for preliminary injunction on December 13, 2021. (Dkt. Nos. 5, 7). On December 23, 2021, attorney for Defendants accepted service of the amended summons, amended complaint, and motion for preliminary injunction. (Dkt. No. 9). Defendants response to the motion for preliminary injunction was due on December 29, 2021. (Id.). Defendants have not filed a response to the motion. In addition, counsel has not entered an appearance on behalf of any Defendant. Since corporations may not appear before the Court pro se, it is necessary for counsel to appear on behalf of Defendants Power of One, LLC and Bed World, LLC. The Court instructs counsel for Defendants Power of One, LLC and Bed World, LLC to enter an appearance and instructs Defendants to file a response in opposition to Plaintiffs motion for preliminary injunction on or before January 28, 2022. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/14/22. (ltap, )
December 23, 2021 Opinion or Order Filing 9 ACCEPTANCE OF SERVICE OF COMPLAINT by Mattress Venture, LLC, The, Mattress Firm Inc. All Parties. (Duffy, Brian)
December 17, 2021 Opinion or Order Filing 8 Summons Reissued as to All Defendants. (sshe, )
December 13, 2021 Opinion or Order Filing 5 AMENDED COMPLAINT against All Defendants, filed by Mattress Venture, LLC, The, Mattress Firm Inc. Service due by 3/14/2022 (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Noncompetition Agreement, #3 Exhibit C - Guarantee and Assumption of Obligations)(Duffy, Brian) Filing corrected for event type selection, added new plaintiff party, corrected parties filed against(sshe, ) Modified on 12/14/2021 to original document number(sshe, ).
December 13, 2021 Opinion or Order Filing 7 MOTION for Preliminary Injunction by Mattress Venture, LLC, The, Mattress Firm Inc. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Affidavit of Alan Pitkin, #2 Supporting Documents Declaration of Kindel Nuno, #3 Exhibit Exhibit 1 - Franchise Agreement, #4 Exhibit Exhibit 2 - Confidentiality and Noncompetition, #5 Exhibit Exhibit 3 - Guarantee and Assumption of Obligation, #6 Exhibit Exhibit 4 - Termination Notice, #7 Exhibit Exhibit 5 - Demand Notice, #8 Exhibit Exhibit 6 - Certificates of Registration, #9 Supporting Documents Declaration of Pamela Jones, #10 Exhibit Exhibit 1 Bed World Website Screenshot, #11 Exhibit Exhibit 2 Bed World Google Reviews, #12 Exhibit Exhibit 3 Mattress Firm Bluffton SC, #13 Exhibit Exhibit 4 Mattress Firm Pooler GA, #14 Exhibit Exhibit 5 Bed World Search, #15 Exhibit Exhibit 6 Bed World Bluffton SC, #16 Exhibit Exhibit 7 Bed World Pooler GA, #17 Exhibit Exhibit 8 Bed World Business Filing SC Secretary of State)No proposed order.(Duffy, Brian) Modified on 12/14/2021 to correct parties filed by(sshe, ).
December 13, 2021 Opinion or Order Filing 6 Local Rule 26.01 Answers to Interrogatories by Mattress Venture, LLC, The, Mattress Firm Inc.(Duffy, Brian) Modified on 12/14/2021 to correct parties filed by(sshe, ).
November 24, 2021 Opinion or Order Filing 3 Summons Issued as to Bed World LLC, Adam Fazio, Power of One, LLC. (adic, )
November 24, 2021 Opinion or Order Filing 2 Local Rule 26.01 Answers to Interrogatories by Mattress Venture, LLC, The. (adic, )
November 24, 2021 Opinion or Order Filing 1 COMPLAINT filed by Mattress Venture, LLC, The against Bed World LLC, Adam Fazio, Power of One, LLC ( Filing fee $ 402 receipt number ASCDC 10204053.) Service due by 2/22/2022 (adic, )

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Plaintiff: Mattress Venture, LLC, The
Represented By: Brian C Duffy
Represented By: Robert Lewis Wehrman
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Plaintiff: Mattress Venture, L.P., The
Represented By: Brian C Duffy
Represented By: Robert Lewis Wehrman
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Plaintiff: Mattress Firm Inc
Represented By: Brian C Duffy
Represented By: Robert Lewis Wehrman
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Defendant: Power of One, LLC
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Defendant: Bed World LLC
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Defendant: Adam Fazio
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