Mattress Giant Corporation v. Motor Advertising & Design Inc

Federal Civil Lawsuit Texas Northern District Court, Case No. 3:07-cv-01728
District Judge Sidney A Fitzwater, presiding
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District Judge Sidney A Fitzwater
Last Updated January 13, 2019 at 6:38 AM EST (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Mattress Giant Corporation, Plaintiff

Represented by Bingham McCutchen LLP

Name Phone Fax E-Mail
Bar Status: Not Admitted Todd E Gordinier +1 714 830 0600 todd.gordinier@bingham.com
PRO HAC VICE, Bar Status: Not Admitted Peter N Villar +1 714 830 0600 +1 714 830 0700 peter.villar@bingham.com

Represented by Gruber Hurst Johansen & Hail LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Vanessa J Rush +1 214 855 6800 +1 214 855 6808 vrush@ghjhlaw.com

Represented by Suite 2500

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Michael K Hurst +1 214 855 6800 +1 214 855 6808 mhurst@ghetrial.com
No Logo John Henning, Counter-Claimant

Represented by Chaumette, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing David A Chaumette +1 281 566 2530 +1 281 886 0531 dchaumette@chaumettepllc.com
No Logo Motor Advertising & Design Inc, Counter-Claimant

Represented by Chaumette, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing David A Chaumette +1 281 566 2530 +1 281 886 0531 dchaumette@chaumettepllc.com
v.
No Logo John Henning, Defendant

Represented by Chaumette, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing David A Chaumette +1 281 566 2530 +1 281 886 0531 dchaumette@chaumettepllc.com
No Logo Motor Advertising & Design Inc, Defendant

Represented by Chaumette, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing David A Chaumette +1 281 566 2530 +1 281 886 0531 dchaumette@chaumettepllc.com
No Logo Mattress Giant Corporation, Counter-Defendant

Represented by Bingham McCutchen LLP

Name Phone Fax E-Mail
PRO HAC VICE, Bar Status: Not Admitted Todd E Gordinier +1 714 830 0600 todd.gordinier@bingham.com
PRO HAC VICE, Bar Status: Not Admitted Peter N Villar +1 714 830 0600 +1 714 830 0700 peter.villar@bingham.com

Represented by Gruber Hurst Johansen & Hail LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Vanessa J Rush +1 214 855 6800 +1 214 855 6808 vrush@ghjhlaw.com

Represented by Suite 2500

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Michael K Hurst +1 214 855 6800 +1 214 855 6808 mhurst@ghetrial.com
Attributes
Citation Section 17 U.S.C. § 101
Nature of Suit 820 - Property Rights: Copyright
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 6/6/2011, Entered: None
Joint STIPULATION OF DISMISSAL WITH PREJUDICE by John Henning, Mattress Giant Corporation, Motor Advertising & Design Inc. (Hurst, Michael) (Entered: 06/06/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 8/24/2009, Entered: None Court Filing
ORDER: The mediator has advised the court that the parties have settled this case. Accordingly, this case is administratively closed for statistical purposes without prejudice to its being reopened to enter a judgment or order of dismissal or for further proceedings if the settlement is not consummated. (Ordered by Chief Judge Sidney A Fitzwater on 8/24/09) (skt) (Entered: 08/26/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 7/7/2009, Entered: None Court Filing
ORDER granting 38 Agreed Motion to Continue. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 7/7/2009) (axm) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 7/7/2009, Entered: None
MOTION to Continue and to Extend Pretrial Deadlines filed by Mattress Giant Corporation, Motor Advertising & Design Inc, John Henning (Rush, Vanessa) (Entered: 07/07/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 5/21/2009, Entered: None
NOTICE Related to Scheduling Concerns filed by John Henning (Chaumette, David) (Entered: 05/21/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 2/2/2009, Entered: None
Joint STATUS REPORT filed by Mattress Giant Corporation, Motor Advertising & Design Inc, John Henning. (Rush, Vanessa) (Entered: 02/02/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 6/23/2008, Entered: None Court Filing
TRIAL SETTING ORDER: This case is set for trial, 7/20/2009, for a two-week docket. (See Order for specifics) (Signed by Judge Sidney A Fitzwater on 6/23/08) (skt) (Entered: 06/24/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 5/21/2008, Entered: None
NOTICE of Change of Firm filed by Motor Advertising & Design Inc, John Henning (Chaumette, David) (Entered: 05/21/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 4/30/2008, Entered: None Court Filing
SCHEDULING ORDER: Amended Pleadings due by 8/1/2008. Joinder of Parties due by 8/1/2008. Discovery due by 2/1/2009. Status Report due by 2/1/2009. Motions due by 3/1/2009. See order for specifics. (Signed by Judge Sidney A Fitzwater on 4/30/08) (jrb) (Entered: 05/01/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 4/24/2008, Entered: None
STATUS REPORT and Scheduling Order Proposal by Mattress Giant Corporation, Motor Advertising & Design Inc, John Henning. (Rush, Vanessa) (Entered: 04/24/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 4/9/2008, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by John Henning. (Chaumette, David) (Entered: 04/09/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 4/9/2008, Entered: None
Affirmative Defenses & ANSWER to 1 Complaint by John Henning (Chaumette, David) (Entered: 04/09/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 3/31/2008, Entered: None Court Filing
Memorandum Opinion and Order granting in part and denying in part 21 Motion to Strike defendants' responsive pleadings. Construing Henning's responsive brief to include a Rule 6(b)(1)(B) motion for an extension of time to file a responsive pleading, the court grants the motion. (See Order for specifics) (Signed by Judge Sidney A Fitzwater on 3/31/08) (skt) (Entered: 04/01/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 3/25/2008, Entered: None Court Filing
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 4/24/2008. (Signed by Judge Sidney A Fitzwater on 3/25/08) (tln) (Entered: 03/25/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 3/25/2008, Entered: None Court Filing
ORDER: On January 28, 2008 defendants filed an initial responsive pleading in this case but did not provide the clerk with a certificate of interested persons. Accordingly, no later than 20 days after this order is filed, defendants must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. (Signed by Judge Sidney A Fitzwater on 3/25/08) (tln) (Entered: 03/25/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 3/25/2008, Entered: None Court Filing
Memorandum Opinion and Order denying 17 Motion for Default Judgment, filed by Mattress Giant Corporation, granting 15 Motion to Set Aside Default filed by John Henning, Motor Advertising & Design Inc. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 3/25/08) (tln) (Entered: 03/25/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 3/12/2008, Entered: None
RESPONSE filed by Motor Advertising & Design Inc, John Henning re 21 MOTION to Strike 18 Answer to Complaint,, Counterclaim, and Affirmative Defenses (Chaumette, David) (Entered: 03/12/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 2/25/2008, Entered: None Court Filing
ORDER granting 23 Defendants' Unopposed Motion for Leave to Appear Without Local Counsel. (Signed by Judge Sidney A Fitzwater on 2/25/08) (klm) (Entered: 02/26/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 2/22/2008, Entered: None
Unopposed MOTION To Appear Without Local Counsel by Motor Advertising & Design Inc, John Henning (Chaumette, David) (Entered: 02/22/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 2/22/2008, Entered: None
Plaintiff's ANSWER to Counterclaim filed by Mattress Giant Corporation. Related document: 18 Answer to Complaint,, Counterclaim, (Rush, Vanessa) (Entered: 02/22/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 2/21/2008, Entered: None
MOTION to Strike 18 Answer to Complaint, Counterclaim, and Affirmative Defenses by Mattress Giant Corporation (Rush, Vanessa) (Entered: 02/21/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 2/8/2008, Entered: None
Appendix in Support filed by Mattress Giant Corporation re 19 Response to Motion to Set Aside Entry of Default and Brief in Support Thereof (Attachments: # 1 Exhibit A (App. 3), # 2 Exhibit B (App. 6), # 3 Exhibit C (App 7)) (Rush, Vanessa) (Entered: 02/08/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 2/8/2008, Entered: None
RESPONSE filed by Mattress Giant Corporation re 15 MOTION to Set Aside Default and Brief in Support Thereof (Rush, Vanessa) (Entered: 02/08/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 1/28/2008, Entered: None
Affirmative Defenses and ANSWER to 1 Complaint by Motor Advertising & Design Inc, John Henning, COUNTERCLAIM against Mattress Giant Corporation filed by Motor Advertising & Design Inc, John Henning (Attachments: # 1 Original Counterclaim) (Chaumette, David) (Entered: 01/28/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 1/18/2008, Entered: None
MOTION for Default Judgment against Motor Advertising & Design Inc, John Henning by Mattress Giant Corporation with Brief/Memorandum in Support. (Attachments: # 1 Appendix in Support of Plaintiff's Motion for Default Judgment Against Defendants Motor Advertising & Design, Inc. and John Henning) (Rush, Vanessa) (Entered: 01/18/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 1/16/2008, Entered: None
AFFIDAVIT re 15 MOTION to Set Aside Default by Motor Advertising & Design Inc, John Henning. (Attachments: # 1 Exhibit) (Chaumette, David) (Entered: 01/16/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 1/16/2008, Entered: None
MOTION to Set Aside Default by Motor Advertising & Design Inc, John Henning (Chaumette, David) (Entered: 01/16/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 1/9/2008, Entered: None
Clerk's ENTRY OF DEFAULT as to Motor Advertising & Design Inc, John Henning. (lmp) (Entered: 01/10/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 1/8/2008, Entered: None
Request for Clerk's Entry of Default against Motor Advertising & Design Inc, John Henning by Mattress Giant Corporation. (Attachments: # 1 Appendix in Support of Plaintiff's Request for Entry of Default Against Defendants Motor Advertising & Design, Inc. and John Henning for Failure to Plead or Otherwise Respond# 2 Clerk's Entry of Default) (Rush, Vanessa) (Entered: 01/08/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 1/7/2008, Entered: None
AFFIDAVIT of Service for Summons and Complaint served on Motor Advertising & Design, Inc. c/o Texas Secretary of State on November 7, 2007. (Hurst, Michael) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 1/7/2008, Entered: None
AFFIDAVIT of Service for Complaint and Corporate Disclosure and Certificate of Interested Parties served on John Henning on December 20, 2007. (Hurst, Michael) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 1/7/2008, Entered: None
AFFIDAVIT of Service for Complaint and Corporate Disclosure Statement and Certificate of Interested Parties served on John Henning on December 4, 2007. (Hurst, Michael) (Entered: 01/07/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 11/28/2007, Entered: None Court Filing
Application and Order for Admission Pro Hac Vice by Peter N Villar for Mattress Giant Corporation. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 11/28/07) (lmp) (Entered: 12/03/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 11/27/2007, Entered: None Court Filing
Application and Order for Admission Pro Hac Vice by Todd E Gordinier for Mattress Giant Corporation. (Signed by Judge Sidney A Fitzwater on 11/27/07) (skt) (Entered: 11/28/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 11/27/2007, Entered: None Court Filing
ORDER granting 6 Motion for substituted service. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 11/27/2007) (tln) (Entered: 11/27/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 11/15/2007, Entered: None
MOTION for substituted service of process on Defendant John Henning by Mattress Giant Corporation with Brief/Memorandum in Support. (Attachments: # 1 Appendix in Support of Plaintiff's Motion for Substituted Service) (Hurst, Michael) (Entered: 11/15/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 10/31/2007, Entered: None
Summons Reissued as to Motor Advertising & Design Inc. (svc) (Entered: 11/01/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 10/12/2007, Entered: None Court Filing
Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 10/12/07) (skt) (Entered: 10/12/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 10/12/2007, Entered: None
Summons Issued as to Motor Advertising & Design Inc, John Henning. (skt) (Entered: 10/12/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 10/12/2007, Entered: None
CORPORATE DISCLOSURE STATEMENT and CERTIFICATE OF INTERESTED PARTIES by Mattress Giant Corporation. (skt) (Entered: 10/12/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 10/12/2007, Entered: None
Plaintiff's Original COMPLAINT for Declaratory Judgment of the Non-Infringement of Copyright against Motor Advertising & Design Inc, John Henning filed by Mattress Giant Corporation. (Filing fee $350; Receipt number 15744) (skt) (Entered: 10/12/2007)
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