Case number 2019-1098
Serta Simmons Bedding, LLC v. Casper Sleep Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 23, 2021 | 0 | SERTA SIMMONS BEDDING, LLC v. CASPER SLEEP INC. [OPINION] [precedential] (0) |
| Mar 23, 2020 | 66 | Mandate issued to the United States District Court for the Southern District of New York. Service as of this date by the Clerk of Court. [681015] [19-1098, 19-1159] [JAB] [Entered: 03/23/2020 02:46 PM] (1) |
| Feb 13, 2020 | 65 | JUDGMENT. AFFIRMED-IN-PART, VACATED-IN-PART, AND REMANDED. Terminated on the merits after oral argument. COSTS: Costs taxed against Cross-appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [670995] [19-1098, 19-1159] [JAB] [Entered: 02/13/2020 10:17 AM] (1) |
| Feb 13, 2020 | 64 | OPINION filed for the court by Dyk, Circuit Judge; Plager, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. [670994] [19-1098, 19-1159] [JAB] [Entered: 02/13/2020 10:16 AM] (12) |
| Sep 30, 2019 | 63 | Submitted after ORAL ARGUMENT by Paul Michael Schoenhard, Esq. for Serta Simmons Bedding, LLC and Dreamwell, Ltd. and Katherine Quinn Dominguez for Casper Sleep Inc. Panel: Judge: Dyk , Judge: Plager , Judge: Stoll. [639012] [JCP] [Entered: 09/30/2019 10:28 AM] (0) |
| Sep 16, 2019 | 62 | Response to notice of oral argument from the Cross-Appellant Casper Sleep Inc.. [635620] [19-1098] [Josh Krevitt] [Entered: 09/16/2019 09:48 AM] (3) |
| Sep 3, 2019 | 61 | Response to notice of oral argument from the Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd.. [632881] [19-1098] [Paul Schoenhard] [Entered: 09/03/2019 05:01 PM] (3) |
| Aug 21, 2019 | 60 | NOTICE OF ORAL ARGUMENT. Panel: 1910E. Case scheduled September 30, 2019 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 09/16/2019. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [629872] [JAB] [Entered: 08/21/2019 12:54 PM] (2) |
| Jun 19, 2019 | 59 | **TEXT ONLY** ORDER granting motion to withdraw Aaron Frumkin as counsel [58] filed by Cross-Appellant Casper Sleep Inc. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [615577] [JAL] [Entered: 06/19/2019 02:43 PM] (0) |
| Jun 19, 2019 | 58 | MOTION of Cross-Appellant Casper Sleep Inc. to withdraw counsel Aaron Frumkin [Consent: unopposed]. Service: 06/19/2019 by email. [615547] [19-1098] [Josh Krevitt] [Entered: 06/19/2019 01:44 PM] (6) |
| May 31, 2019 | 57 | The following conflict dates submitted by Attorney Josh Krevitt for Cross-Appellant Casper Sleep Inc. have been accepted by the court: 12/02/2019, 12/03/2019, 12/04/2019, 12/05/2019, 12/06/2019. [610725] [JAB] [Entered: 05/31/2019 12:57 PM] (0) |
| May 30, 2019 | 56 | The following conflict dates submitted by Attorney Paul Michael Schoenhard for Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd. have been accepted by the court: 10/02/2019, 10/03/2019, 10/04/2019, 12/03/2019. [610304] [JAB] [Entered: 05/30/2019 09:13 AM] (0) |
| May 29, 2019 | 55 | Notice from Cross-Appellant Casper Sleep Inc. regarding conflicts with oral argument. Service: 05/29/2019 by email. [610264] [19-1098] [Josh Krevitt] [Entered: 05/29/2019 11:50 PM] (3) |
| May 29, 2019 | 54 | Notice from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC regarding conflicts with oral argument. Service: 05/29/2019 by email. [610257] [19-1098] [Paul Schoenhard] [Entered: 05/29/2019 09:59 PM] (4) |
| May 24, 2019 | 53 | 6 paper copies of the Corrected Opening Brief [19] received from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. [609544] [CJF] [Entered: 05/24/2019 11:15 AM] (0) |
| May 24, 2019 | 52 | 6 paper copies of the Opening Response Brief [22] received from Cross-Appellant Casper Sleep Inc.. [609542] [CJF] [Entered: 05/24/2019 11:14 AM] (0) |
| May 24, 2019 | 51 | 6 paper copies of the Response and Reply Brief [24] received from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. [609541] [CJF] [Entered: 05/24/2019 11:13 AM] (0) |
| May 24, 2019 | 50 | 6 paper copies of the Corrected Confidential Reply Brief [34] received from Cross-Appellant Casper Sleep Inc.. [609539] [CJF] [Entered: 05/24/2019 11:12 AM] (0) |
| May 24, 2019 | 49 | 6 paper copies of the Corrected Confidential Joint Appendix Brief (Vol. I - II) [44] received from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. [609537] [CJF] [Entered: 05/24/2019 11:10 AM] (0) |
| May 22, 2019 | 48 | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 05/29/2019. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [609016] [JAL] [Entered: 05/22/2019 01:23 PM] (1) |
| May 22, 2019 | 47 | Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [609015] [JAL] [Entered: 05/22/2019 01:23 PM] (0) |
| May 22, 2019 | 46 | ORDER filed. The motion [43] is granted. A copy of this order shall be forwarded to the merits panel assigned to these appeals.; - FOR CALENDAR. Service: 05/22/2019 by clerk. [608914] [LMS] [Entered: 05/22/2019 09:54 AM] (2) |
| Apr 30, 2019 | 45 | MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Number of Pages: 1087. Service: 04/30/2019 by email. [604194] --[Edited 05/22/2019 by JAL - Compliance review complete] [Paul Schoenhard] [Entered: 04/30/2019 05:21 PM] (1087) |
| Apr 30, 2019 | 44 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL JOINT APPENDIX FILED for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Number of Pages: 1087. Service: 04/30/2019 by email, US mail. [604193]--[Edited 05/22/2019 by JAL - Compliance review complete] [Paul Schoenhard] [Entered: 04/30/2019 05:17 PM] (0) |
| Apr 26, 2019 | 43 | MOTION of Appellants Serta Simmons Bedding, LLC, Dreamwell, Ltd. and Cross-Appellant Casper Sleep Inc. to waive the requirements regarding the appendix (Fed. R. App. P. 30(d) requirement of the record in an appendix to follow chronological order.) [Consent: unopposed]. Service: 04/26/2019 by email. [603408] [19-1098] [Paul Schoenhard] [Entered: 04/26/2019 06:11 PM] (9) |
| Apr 23, 2019 | 42 | NOTICE OF NON-COMPLIANCE: The submissions of Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC, Joint Appendix, Confidential Joint Appendix [36], [37], are not in compliance with the rules of this court (see attached). Compliant documents are due on 04/30/2019. Service as of this date by the Clerk of Court.[602269] [JAL] [Entered: 04/23/2019 02:07 PM] (2) |
| Apr 23, 2019 | 41 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:party letter Docket No. [40], ERROR: Counsel did not use the "Response to Notice to Advise of Scheduling Conflicts" form or event, or attach a supporting statement of good cause. CORRECTION: When filing argument scheduling conflicts, counsel must complete and upload the Response to Notice to Advise of Scheduling Conflicts form and docket under the Response to Notice to Advise of Scheduling Conflicts event. Counsel is reminded that a statement showing good cause must be attached for each identified conflict. Conflicts listed without a supporting statement will not be considered when argument is scheduled. [602177] [JAB] [Entered: 04/23/2019 08:17 AM] (0) |
| Apr 22, 2019 | 40 | Letter from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC re Availability for Oral Argument Dates. Service: 04/22/2019 by email. [602149] [19-1098] [Paul Schoenhard] [Entered: 04/22/2019 07:11 PM] (1) |
| Apr 22, 2019 | 39 | Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Service: 04/22/2019 by email. [602146] [19-1098] [Paul Schoenhard] [Entered: 04/22/2019 06:54 PM] (3) |
| Apr 22, 2019 | 38 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Serta Simmons Bedding, LLC, Dreamwell, Ltd. and Cross-Appellant Casper Sleep Inc.. Service: 04/22/2019 by email. [602143] [19-1098] [Paul Schoenhard] [Entered: 04/22/2019 06:49 PM] (3) |
| Apr 22, 2019 | 37 | FILED from Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Title: JOINT APPENDIX. Service: 04/22/2019 by email. [602142] [19-1098] This document is non-compliant. See Doc No.[42] [Paul Schoenhard] [Entered: 04/22/2019 06:47 PM] (1089) |
| Apr 22, 2019 | 36 | FILED from Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd.. Title: CONFIDENTIAL JOINT APPENDIX. Service: 04/22/2019 by email. [602141] [19-1098] This document is non-compliant. See Doc No.[42] [Paul Schoenhard] [Entered: 04/22/2019 06:43 PM] (0) |
| Apr 18, 2019 | 33 | Notice of Correction to the Brief Doc No. [32], Reply Brief Doc No. [32], confidential Brief Doc No. [31], Reply Brief Doc No. [31] for Cross-Appellant Casper Sleep Inc.. Service: 04/18/2019 by email. [601426] [19-1098] [Josh Krevitt] [Entered: 04/18/2019 04:52 PM] (6) |
| Apr 18, 2019 | 34 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL REPLY BRIEF FILED for Cross-Appellant Casper Sleep Inc. Number of Pages: 26. Service: 04/18/2019 by email. [601429]--[Edited 04/19/2019 by JAL - Compliance review complete] [Josh Krevitt] [Entered: 04/18/2019 04:55 PM] (0) |
| Apr 18, 2019 | 35 | MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED for Cross-Appellant Casper Sleep Inc. Number of Pages: 26. Service: 04/18/2019 by email. [601431]--[Edited 04/19/2019 by JAL - Compliance review complete] [Josh Krevitt] [Entered: 04/18/2019 04:57 PM] (36) |
| Apr 16, 2019 | 32 | MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED for Cross-Appellant Casper Sleep Inc. Number of Pages: 26. Service: 04/16/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [600814] --[Edited 04/17/2019 by JAL - Compliance review complete] This brief has been corrected. See Doc No.[35] [Josh Krevitt] [Entered: 04/16/2019 05:12 PM] (36) |
| Apr 16, 2019 | 31 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL REPLY BRIEF FILED for Cross-Appellant Casper Sleep Inc. Number of Pages: 26. Service: 04/16/2019 by email. [600813]--[Edited 04/17/2019 by JAL - Compliance review complete] This brief has been corrected. See Doc No.[34] [Josh Krevitt] [Entered: 04/16/2019 05:09 PM] (0) |
| Apr 16, 2019 | 30 | NOTICE OF NON-COMPLIANCE: The submissions of Cross-Appellant Casper Sleep Inc., Reply Brief, Confidential Reply Brief [28], [29], are not in compliance with the rules of this court (see attached). Compliant documents are due on 04/23/2019. Service as of this date by the Clerk of Court.[600475] [JAL] [Entered: 04/16/2019 09:41 AM] (2) |
| Apr 15, 2019 | 29 | FILED from Cross-Appellant Casper Sleep Inc.. Title: REPLY BRIEF. Service: 04/15/2019 by email. [600384] [19-1098] This document is non-compliant. See Doc No.[30] [Josh Krevitt] [Entered: 04/15/2019 11:05 PM] (36) |
| Apr 15, 2019 | 28 | FILED from Cross-Appellant Casper Sleep Inc.. Title: CONFIDENTIAL REPLY BRIEF. Service: 04/15/2019 by email. [600383] [19-1098] This document is non-compliant. See Doc No.[30] [Josh Krevitt] [Entered: 04/15/2019 11:01 PM] (0) |
| Mar 19, 2019 | 27 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief Docket No. [25], ERROR: Cross-Appellant's motion [25] incorrectly listed the party designations. CORRECTION: For future motions, please list the correct party designations, which can be found on the electronic docket. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [593799] [JAL] [Entered: 03/19/2019 10:10 AM] (0) |
| Mar 19, 2019 | 26 | **TEXT ONLY** ORDER granting motion to extend time to file brief [25] filed by Cross-Appellant Casper Sleep Inc. Cross-Appellant's reply brief due 04/15/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [593795] [JAL] [Entered: 03/19/2019 10:08 AM] (0) |
| Mar 18, 2019 | 25 | MOTION of Cross-Appellant Casper Sleep Inc. to extend the time to 04/15/2019 [Consent: unopposed]. Service: 03/18/2019 by email. [593666] [19-1098] [Josh Krevitt] [Entered: 03/18/2019 03:58 PM] (8) |
| Mar 11, 2019 | 24 | MODIFIED ENTRY: RESPONSE AND REPLY BRIEF FILED for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Number of Pages: 59. Service: 03/11/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [592025] --[Edited 03/12/2019 by JAL - Compliance review complete] [Paul Schoenhard] [Entered: 03/11/2019 07:34 PM] (73) |
| Feb 4, 2019 | 23 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:Opening Response Brief Docket No. [22], Opening Brief Docket No. [19], ERROR: parties appear to be incorrectly identifying DCT case number in nature of proceedings (-1468, not -7468). CORRECTION: future briefs should correct this. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [583078] [SJ] [Entered: 02/04/2019 11:26 AM] (0) |
| Jan 30, 2019 | 22 | MODIFIED ENTRY: BRIEF FILED for Cross-Appellant Casper Sleep Inc. Number of Pages: 71. Service: 01/30/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [582263] --[compliance review complete - Edited 02/04/2019 by SMJ] [Josh Krevitt] [Entered: 01/30/2019 11:11 PM] (86) |
| Jan 30, 2019 | 21 | Entry of appearance for Andrew Robb as of counsel for Cross-Appellant Casper Sleep Inc.. Service: 01/30/2019 by email. [582179] [19-1098] [Andrew Robb] [Entered: 01/30/2019 03:25 PM] (3) |
| Jan 30, 2019 | 20 | Entry of appearance for Aaron B. Frumkin as of counsel for Cross-Appellant Casper Sleep Inc.. Service: 01/30/2019 by email. [582176] [19-1098] [Aaron Frumkin] [Entered: 01/30/2019 03:22 PM] (3) |
| Jan 4, 2019 | 19 | MODIFIED ENTRY: CORRECTED BRIEF FILED for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Number of Pages: 60. Service: 01/04/2019 by email. [575961] --[compliance review complete - Edited 01/09/2019 by SMJ] [Paul Schoenhard] [Entered: 01/04/2019 12:37 PM] (100) |
| Jan 4, 2019 | 18 | NOTICE OF NON-COMPLIANCE: The submission of Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC, Opening Brief [17], is not in compliance with the rules of this court (see attached). Compliant document due on 01/11/2019. Cross-Appellant Casper Sleep Inc. brief is due 01/30/2019. Service as of this date by the Clerk of Court.[575854] [SJ] [Entered: 01/04/2019 09:18 AM] (2) |
| Dec 21, 2018 | 17 | FILED from Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd.. Title: OPENING BRIEF. Service: 12/21/2018 by email. [574216] [19-1098] This brief is non-compliant. See Doc. No. [18] [Paul Schoenhard] [Entered: 12/21/2018 03:44 PM] (100) |
| Nov 6, 2018 | 16 | Official caption revised to reflect cross-appeal. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [562789] [CAB] [Entered: 11/06/2018 07:12 AM] (0) |
| Nov 5, 2018 | 15 | Docketing Statement for the Appellee Casper Sleep Inc.. Service: 11/05/2018 by email. [562783] [19-1098] [Stuart Rosenberg] [Entered: 11/05/2018 11:05 PM] (5) |
| Nov 5, 2018 | 14 | Docketing Statement for the Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd.. Service: 11/05/2018 by email. [562754] [19-1098] [Paul Schoenhard] [Entered: 11/05/2018 06:02 PM] (4) |
| Nov 5, 2018 | 13 | Note to file: The following cases are associated: 19-1098 Lead with 19-1159 Cross-Appeal. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [562653] [19-1098, 19-1159] [MMA] [Entered: 11/05/2018 02:43 PM] (0) |
| Nov 2, 2018 | 12 | Entry of appearance for Nathan Curtis as of counsel for Appellee Casper Sleep Inc.. Service: 11/02/2018 by email. [562393] [19-1098] [Nathan Curtis] [Entered: 11/02/2018 05:20 PM] (3) |
| Nov 2, 2018 | 11 | Entry of appearance for Katherine Dominguez as of counsel for Appellee Casper Sleep Inc.. Service: 11/02/2018 by email. [562392] [19-1098] [Katherine Dominguez] [Entered: 11/02/2018 05:17 PM] (3) |
| Nov 2, 2018 | 10 | Entry of appearance for Stuart Rosenberg as of counsel for Appellee Casper Sleep Inc.. Service: 11/02/2018 by email. [562390] [19-1098] [Stuart Rosenberg] [Entered: 11/02/2018 05:14 PM] (3) |
| Nov 2, 2018 | 9 | Certificate of Interest for the Appellee Casper Sleep Inc.. Service: 11/02/2018 by email. [562388] [19-1098] [Josh Krevitt] [Entered: 11/02/2018 05:11 PM] (2) |
| Nov 2, 2018 | 8 | Entry of appearance for Josh Krevitt as principal counsel for Appellee Casper Sleep Inc.. Service: 11/02/2018 by email. [562387] [19-1098] [Josh Krevitt] [Entered: 11/02/2018 05:06 PM] (3) |
| Nov 1, 2018 | 7 | Transcript Purchase Order Form for the Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd. indicating that a transcript is already on file. Service: 11/01/2018 by email. [562055] [19-1098] [Paul Schoenhard] [Entered: 11/01/2018 05:04 PM] (2) |
| Oct 24, 2018 | 6 | Certificate of Interest for the Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Service: 10/24/2018 by email. [560190] [19-1098] [Paul Schoenhard] [Entered: 10/24/2018 06:51 PM] (4) |
| Oct 24, 2018 | 5 | Entry of appearance for Sarah P. Hogarth as of counsel for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Service: 10/24/2018 by email. [560181] [19-1098] [Paul Schoenhard] [Entered: 10/24/2018 06:47 PM] (2) |
| Oct 24, 2018 | 4 | Entry of appearance for Ian B. Brooks as of counsel for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Service: 10/24/2018 by email. [560179] [19-1098] [Paul Schoenhard] [Entered: 10/24/2018 06:46 PM] (2) |
| Oct 24, 2018 | 3 | Entry of appearance for Nicole M. Jantzi as of counsel for Appellants Dreamwell, Ltd. and Serta Simmons Bedding, LLC. Service: 10/24/2018 by email. [560178] [19-1098] [Paul Schoenhard] [Entered: 10/24/2018 06:45 PM] (2) |
| Oct 24, 2018 | 2 | Entry of appearance for Paul M. Schoenhard as principal counsel for Appellants Serta Simmons Bedding, LLC and Dreamwell, Ltd.. Service: 10/24/2018 by email. [560146] [19-1098] [Paul Schoenhard] [Entered: 10/24/2018 04:50 PM] (2) |
| Oct 22, 2018 | 1 | Appeal docketed. Received: 10/19/2018. [559241]Entry of Appearance due 11/05/2018. Certificate of Interest is due on 11/05/2018. Docketing Statement due 11/05/2018. Appellant's brief is due 12/21/2018. [CAB] [Entered: 10/22/2018 03:00 PM] (56) |
