This case was filed in Fourth Circuit Courts - Duval County, Duval County Downtown Courthouse located in Duval, Florida. 2174 (internal citations omitted) (quoting Keeton , 465 U.S. at 781, 104 S.Ct. The whole time they did business with the MBA, defendants were told that the practices each mattress store had to adhere to were MBAs proprietary methods. at 13; ECF No. /Parent 2 0 R As for the other lawsuits, some are pending, and some of them arent publicly disclosed, but with such clear malpractices of Edwin Shoffner, Darren Conrad, and their entities, Carolina Bedding and Mattress By Appointment, were sure that justice will be served. Co., 401 F.2d at 384 n.27 ).
at 28; ECF No. Carolina Bedding Direct (now MBA (FL) II) employed Nick Lyle from 2009 to 2012 in Cincinnati as a dealer, territory manager, and sales representative.
1154 (1950) ). Ohio 1999). Webno employee's and low overhead. 
These actions indicate defendants' desire to further establish a permanent presence in Ohio extending beyond mere solicitation of business. S. Mach. <<
They then found out about numerous versions of the plaintiffs name, and that they had signed a contract with the non-functioning Mattress By Appointment the one we mentioned above the company whose name was only registered, but never active. 2022-03-22. at 2; ECF 8.) Here, the other cases are state cases, not federal. 15.)
endobj 15. misleading and insufficient navigation that extends the time spent on the website and prolongs the search for information.
Ride, Inc. v. Bowshier, No. << Details About Ashley Furniture Mattress Lawsuits There have been many lawsuits against Ashley Furniture Industries, Inc. in the past few years from dissatisfied You dont see brands or prices, so it is all by what feels best. The price was better than expected, and even more impressive, he and his partner were able to follow us home and deliver the mattress right away. I highly recommend mattress-by-appointment and Denzel to anyone looking for a new mattress. checkbox background color not changing jane norton morgan nichols. at ECF No. 162015ca1510 (Fla. Cir. 6O3vb {]dEkI]Q5c*e-eU5)r@AR-?{)mm8G. at 28; ECF No. The firm informed Mr. Hackett that Matthew Whiddon was the assigned attorney to receive process for MBA (FL) II.
An example of data being processed may be a unique identifier stored in a cookie. No dealing with pushy salespeople - you set an appointment with the store owner, who is fully invested in helping YOU find a just-right-for-you mattress at just the right price. MATTRESS BY APPOINTMENT LLC VS ANTHONY JONES, MATTRESS BY APPOINTMENT LLC VS ARTURO LEOS, BRINK'S U.S. VS Leroy R. Polite, D.M.D., P.A. 1-3. 17.) A district court may combine similar matters "when actions involving nearly identical parties and issues have been filed in two different district courts," in which case the first suit filed will proceed. Conrad filed for personal bankruptcy in July 2014. Given that MBA (FL) II and Shoffner have transacted business within the meaning of the Ohio long-arm statute, they have also purposefully availed themselves of the privilege of acting in Ohio. 4-3.) Here, the Court finds that both requirements are satisfied as to Defendants Mattress By Appointment, LLC (Florida) and C. Edwin Shoffner, but that the court lacks jurisdiction over defendant Mattress By Appointment, LLC (South Carolina) under the long-arm statute. 's Mem.
SET FOR 11/10/2022, NOTICE OF CANCELLATION OF DEPOSITION (PLAINTIFF'S0 DUCES TECUM OF CORP. REP. OF HERITAGE SLEEP CONCEPTS, LLC SET FOR 11/09/2022, NOTICE TO APPEAR FOR TESTIMONY AT EVIDENTIARY HEARING, NOTICE OF TAKING DEPOSITION (PLTFS) VIDEOTAPED/ DUCES TECUM OF CORP REP OF NATIONWIDE MARKETING GROUP LLC ON 11/10/2022@1000AM VIA ZOOM, NOTICE OF TAKING DEPOSITION (PLTFS) VIDEOTAPED DUCES TECUM OF HERITAGE SLEEP CONCEPTS LLC ON 11/09/2022 @1000AM VIA ZOOM, NOTICE OF TAKING DEPOSITION (PLTFS) VIDEOTAPED DUCES TECUM OF TONY CRAWFORD ON 11/07/2022 @1000AM VIA ZOOM, NOTICE OF TAKING DEPOSITION (PLTFS) OF LAUREN SOBALA ON 11/04/2022 @1000AM VIA ZOOM, NOTICE OF MEDIATION CONFERENCE (SECOND) ON 11/17/22 AT 9AM, RESPONSE TO REQUEST TO PRODUCE (DEFENDANTS OBJECTIONS AND), NOTICE OF SERVING ANSWERS TO INTERROGATORIES (DEFENDANT'S), Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. 15.
(Id. 1.) The store will not work correctly in the case when cookies are disabled. ), In February 2014, Conrad and Shoffner renamed Carolina Bedding Direct (Florida) as Mattress By Appointment (MBA (FL) II)the second Florida entity by that name and present defendant in this action. >> This case was filed in Duval Id. Id. Taking RSS's allegations as true, RSS has pled sufficient facts to establish personal jurisdiction over defendant Shoffner. /Annots [] Great over all experience! Andre only Plaintiff's affidavits establish that its efforts to effect service were sufficient. 8.) 3:12CV271, 2013 WL 1327133, at *3 (S.D. Duval County - Fourth Judicial Circuit Court, 9/17/2021- D3- COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, 9/17/2021- D4- CASE FEES PAID: $401.00 ON RECEIPT NUMBER 3988778, FinancialFees- Description : CIR/GENERALCIVIL 7/1/2019; Assessed : $401.00; Paid : $401.00; Balance : $0.00, DocketEntered: 9/20/2021; CASE FEES PAID: $401.00 ON RECEIPT NUMBER 3988778, DocketEntered: 9/20/2021; COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, DocketEntered: 9/20/2021; CONTRACT AND INDEBTEDNESS, U.S. District Courts | Intellectual Property | /MediaBox [0 0 612 792] endobj /Metadata 3 0 R
Yes, Mattress By Appointment LLC sued numerous individuals (current or former franchise owners) as a way of debt collection.
(Pl.
And the best part of all, documents in their CrowdSourced Library are FREE! (Id. /Parent 2 0 R Id. 1 0 obj Lawsuit against Mattress By Appointment. at 4.) 2 0 obj
They were told that these were Carolina Bedding Directs proprietary methods. Given that RSS alleges its trade secrets were originally developed and stolen in Ohio and that RSS is based in Ohio and suffers harm there, defendants' Ohio activities appear to be sufficiently linked to the matter at hand. During that time, defendant Shoffner was working as a sales representative at a mattress manufacturer named Park Place.
The Ohio long-arm statute's " transacting any business' standard is coextensive with the purposeful availment prong of constitutional analysis." Following trial, the Franklin County Court of Common Pleas granted PMD a fifteen-month permanent injunction (to run from January 26, 2009 to June 26, 2010) in addition to $140,000 in compensatory damages and $40,000 in punitive damages. 4) is DENIED as to Defendants Mattress By Appointment (Florida) and C. Edwin Shoffner, and GRANTED as to Defendant Mattress By Appointment (South Carolina). 1996). /Annots [] Sys. 's Mem.
's Mem. 13 0 obj (Id. Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC, et al., No.
S. Mach. Moreover, the two suits in this court were filed before the Florida and South Carolina state suits and RSS is not a party to the Florida suit. 1982). Andre sent an email to Mr. Israel Nelson for a receipt of the replaced mattress. 12-13.) To Mot. To "transact" business means "to prosecute negotiations; to carry on business; [or] to have dealings." By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The consent submitted will only be used for data processing originating from this website.
The biggest fiberglass exposure lawsuit that hit the media started after a Sacramento mother sued Zinus. 1968). (Defs.' /Resources 54 0 R /Type /Page Plaintiff alleges that this new business again relied on the same marketing materials and techniques developed by PMD. /Annots [] endobj Ohio). 
He broke the rules of this contract by becoming a direct competitor, using stolen methods, marketing techniques, and other trade secrets. This argument is not persuasive however, given that to "transact" merely contemplates to "carry on business" or "have dealings with." It's a privilege to do, By Appointment dealer purchases mattress inventory for. /Resources 30 0 R (Pl.
Co., 91 F.3d 790, 793 (6th Cir. For these reasons, the Retail Service Systems demanded a jury trial in 2015. Here, RSS has made a prima facie showing that defendants MBA (FL) II and Shoffner have transacted business in Ohio by listing its Ohio dealers on its public website, contracting with dealers to sell mattresses in Ohio, and actively advertising open sales positions in Ohio. endstream Sys., Inc. v. Mattress by Appointment, LLC. to Dismiss ("Pl. /Kids [5 0 R 6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R
>>
love our value and it's hard to keep mattresses in stock.
Public Records Policy. /MediaBox [0 0 612 792] Piercing the corporate veil for purposes of maintaining personal jurisdiction "requires application of a less onerous standard than that necessary for liability purposes." 6197, 1983 WL 5667, at *1 (Ohio Ct. App. This requirement protects out-of-state residents from being haled into a jurisdiction based only upon " random, fortuitous, or attenuated contacts, or of the unilateral activity of another party or a third person. " Burger King, 471 U.S. at 475, 105 S.Ct. They did so by asking dealers to register on the website the registration process required them to accept terms and conditions written out in a single-spaced, 9-page document. MBA (FL) II, a Florida company operating nationwide, and Shoffner, a citizen of South Carolina, would be burdened by defending a lawsuit in Ohio. (Compl. /Rotate 0 Reply at 6; ECF No. Ohio Sept. 18, 2008). Defendant Mattress By Appointment, LLC ("MBA (SC)") is a South Carolina limited liability company.
4 0 obj 27.) See Goldstein , 638 N.E.2d at 54345.
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, CASE FEES PAID: $401.00 ON RECEIPT NUMBER 3988778, Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. /MediaBox [0 0 612 792]
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/Rotate 0 Where a Rule 12(b)(2) motion is decided solely on written submissions, the plaintiff's burden is "relatively slight"; the court must view all of the pleadings and affidavits in a light most favorable to the plaintiff, and to defeat dismissal, the plaintiff need only make a prima facie showing that personal jurisdiction exists. The address listed for Sherratt in the agreement is located in Massachusetts. at 28, 30-31; ECF No.
1.) RSS operates a retail mattress and furniture business through which it licenses and franchises a proprietary marketing system to dealers across throughout the country. ), On August 31, 2015 Plaintiff brought the instant action against MBA (FL) II, MBA (SC), and Shoffner for misappropriation of trade secrets as successors in interest. Cancellation and Refund Policy, Privacy Policy, and
29, 2013). 24 0 obj at 3-4; ECF No. endobj 1:08cv278, 2008 WL 4346777, at *1 (S.D. Conrad then moved to Florida and "informally" transferred all of the assets of the North Carolina company to a newly formed Florida company by the same name, Carolina Bedding Direct, LLC. /MediaBox [0 0 612 792] In 2004, it was sued by Retail Service Systems because Mattress By Appointment misappropriated its business model and thus violated Ohios Uniform Trade Secrets Act. Duval County - Fourth Judicial Circuit Court, 11/28/2022- D45- MOTION (PLTF EMERGENCY) TO SCHEDULE STATUS CONFERENCE AND STAY PLTF OBLIGATIONS UNDER CONFIDENTIAL SETTLEMENT AGREEMENT, 12/6/2022- D48- NOTICE OF CANCELLATION OF HEARING ON 12/7/22 @ 950AM, 12/6/2022- D47- STIPULATION OF DISMISSAL (JOINT) WITH PREJUDICE, 11/30/2022- D46- NOTICE OF STATUS CONFERENCE ON 12/07/2022 @950AM VIA ZOOM, 11/17/2022- D44- MOTION TO STRIKE (JOINT) AND SEAL, 11/17/2022- D43- NOTICE OF HEARING ON FRIDAY, NOVEMBER 18, 2022 AT 09:00 A.M. <<
128.)
Mattress By Appointment was sued primarily because of its illegal business practices. /Parent 2 0 R (Defs.' endobj (Id. ) /Contents [31 0 R 32 0 R 33 0 R] /Annots []
mattress by appointment lawsuit