mattress by appointment lawsuit

/Contents [59 0 R 60 0 R 61 0 R] The plaintiff need only make a prima facie showing that personal jurisdiction exists.

Did Mattress By Appointment ever sue anyone?

Yes, Mattress By Appointment LLC sued numerous individuals (current or former franchise owners) as a way of debt collection. The attached PDF is a summarization of a lawsuit against Mattress By Appointment and it predecessor (s) for S. Mach. 2:13cv994 (S.D. >> Conrad was ordered to cease the practices or pay punitive damages, but he and Shoffner would just blatantly go on repeating the same offenses. 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.

Ohio 1999). In March 2013, Shoffner purchased a 45% ownership interest in Carolina Bedding Direct (FL). They were told that these were Carolina Bedding Directs proprietary methods. (Id. 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. , No. /Contents [55 0 R 56 0 R 57 0 R]

Ins. 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 | Defendants' predecessor companies have already "retained counsel and vigorously defended" the related litigation before this court. Ohio has a strong interest in safeguarding RSS's legal options over the misappropriation of an Ohio corporation's trade secrets given that the trade secrets were allegedly developed and stolen in Ohio and continue to be misappropriated in Ohio. Here, Wolfe and MBA (FL) II signed a contract agreeing that Wolfe would act as a dealer and sell MBA's mattresses in Ohio. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Ride, Inc. v. Bowshier, No. 1982). >> To Mot.

Their business model is in their name customers schedule one-on-one appointments and try mattresses out with a salesman helping them decide which ones the right for them. (Defs.' a friendly, relaxed, no-pressure environment. /Resources 38 0 R We work on a first come, first serve appointment basis /Contents [63 0 R 64 0 R 65 0 R] endobj 856 South Pleasantburg Drive Greenville, SC 29607. LLC, v. Schilling, No. Am., Inc. v. Branch, No. endobj Details About Ashley Furniture Mattress Lawsuits There have been many lawsuits against Ashley Furniture Industries, Inc. in the past few years from dissatisfied Why is this public record being published online? 102, 112, 117.) Id. (ECF Nos. Finally, Conrad filed for bankruptcy and Edwin Shoffner bought his remaining 55% interest and was held accountable in the following lawsuit. Mattress By Appointment, LLC is a company with over 400 franchise stores all over the US. /Contents [79 0 R 80 0 R 81 0 R] The lawsuit was triggered by a negative review of the brand that was posted on a website that the company viewed as having inaccurate information. For the best experience on our site, be sure to turn on Javascript in your browser. Am. 7.) 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. 30-31.) Nowhere else in the agreement is Ohio mentioned. at 432. At Mattress By Appointment, youre getting more than just a mattress - youre getting an exclusive and individualized shopping experience in a friendly, relaxed, no-pressure environment. /Resources 50 0 R

To Defs.' /MediaBox [0 0 612 792] (Id. love our value and it's hard to keep mattresses in stock. 8-5.) As you can imagine, none of them did, they just accepted and completed the website registration. in Opp. /Resources 74 0 R Plaintiff insists that "[a] corporation should not be allowed to evade service of process by simply failing to file its agent's new address." Ohio Aug. 28, 2006) (citing Zide Sport Shop of Ohio, Inc. v. Ed Tobergte Associates, Inc., 16 Fed.Appx. Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC, et al., No.

This argument is not persuasive however, given that to "transact" merely contemplates to "carry on business" or "have dealings with." /Resources 86 0 R (Id. >>

(Id. endobj to Dismiss ("Pl. /Contents [71 0 R 72 0 R 73 0 R] Grp. 20 0 obj This matter is before the Court on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. Sys. Second, RSS contends that Shoffner knew about the injunction against Conrad when he joined Carolina Bedding Direct (now MBA (FL) II) and has continued to misappropriate RSS's trade secrets as the sole owner of MBA (FL) II. >> at 28; ECF No. See Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC, et al., No. (Pl. See Burnshire Dev., LLC v. Cliffs Reduced Iron Corp., 198 Fed.Appx. 3 0 obj Mattress By Appointment was sued primarily because of its illegal business practices. The optimum density of the bed mattress coils is six inches. 1) ("Using PMD's marketing, merchandising, sales, and management systems in this way, as well as continuing his supply relationship with defendant Shoffner, Conrad quickly grew his network to over 100 dealers.") So, they had to keep buying mattresses at unfavorable prices, had no access to the actual price list, and were not allowed to order mattresses from anywhere else. 1996).

endobj
In 2015, it was sued again by the same company for continuing to perform all of the malpractices which damaged Retail Service Systems by millions.

<< Mgmt., LLC v. City of Sevierville, Int'l Petroleum Prods. >> (Pl. /Type /Page Regardless of the true agent, defendants do not allege that actual notice to MBA (FL) II was deficient. Central to RSS's theory of liability is that each variation of "Carolina Bedding Direct" or "Mattress By Appointment" is, in actuality, the same company.

See Goldstein , 638 N.E.2d at 54345. (Defs.' >> /Resources 82 0 R (Id. ) 77% of employees would recommend working at Estate of Thomson v. Toyota Motor Corp. Worldwide, 545 F.3d 357, 360 (6th Cir. << Additionally, the same in-state activities alleged here are also at issue in the related litigation before the court. (Id. 1989) ). Exercising personal jurisdiction over Defendants MBA (FL) II and Shoffner comports with constitutional due process requirements. 88, 89.) Up to50%-80% off traditional retail prices! 8.) x+ | "Transact" is a " broader term than the word "contract" and may involve business negotiations which have been either wholly or partly brought to a conclusion. " Burnshire Dev., LLC v. Cliffs Reduced Iron Corp., 198 Fed.Appx. 91 F.3d 790, 793 ( 6th Cir media started after a mother. Facts to establish personal jurisdiction over defendant Shoffner for their defense, these franchise owners realized that opened... 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Direct ( FL ) II and Shoffner comports with constitutional due process requirements, 618 ( 6th.., 779 ( S.D > see Goldstein, 638 N.E.2d 541, 544 ( 1994.! Efforts to effect service were sufficient 1:20-cv-00900 | 2020-11-06, Duval County Fourth! Reasons stated above, Defendants do not convey substantive meaning 45 % ownership interest in Carolina Direct.
2006) (quoting Ky. Oaks Mall Co., 559 N.E.2d at 480 ). /MediaBox [0 0 612 792] (Id. /Annots [] The biggest fiberglass exposure lawsuit that hit the media started after a Sacramento mother sued Zinus. checkbox background color not changing Intera Corp. v. Henderson, 428 F.3d 605, 618 (6th Cir. MBA (FL) II sells and markets mattresses through a network of independent dealers to customers through one-on-one appointments. However, an agreement to limit liability does not negate the existence of a business transaction. (Compl. 's Mem. (Compl. at 28, 30-31; ECF No. 4 0 obj Sherratt states that he was employed by MBA (FL) II and "received an employment agreement from Edwin Shoffner related to a prospective employment relationship with Mattress By Appointment, LLC, a South Carolina limited liability company" (Id. ) Not a typical class action the plaintiff was originally Mattress By Appointment, and they sued a number of their dealers, who then, preparing for their defense, learned a lot of law-breaking details about MBA, so they decided to file a counterclaim. Courts in the Sixth Circuit make this determination using the three-part test set forth in Southern Machine Company v. Mohasco Industries, Inc., 401 F.2d 374, 381 (6th Cir. << Taking RSS's allegations as true, RSS has pled sufficient facts to establish personal jurisdiction over defendant Shoffner. 1979)); see also Goldstein v. Christiansen, 70 Ohio St.3d 232, 638 N.E.2d 541, 544 (1994). 23 0 obj (Defs.' 8-6.) UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Plaintiff has not put forth any information to contradict this claim. << 927, 94 L.Ed. 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. Read a few reviews online, and youll quickly find dissatisfied customers reporting various examples of negative experiences. citing Decision at 11; ECF No. You are supporting a local business from a neighbor who truly cares. Reply at 6; ECF No. Patrick Hackett, a process server with Don Taylor Enterprises, Inc., affirms that he attempted service at the law firm and was told that the firm's practice is to assign an individual attorney when the firm is named as the registered agent for a company. Defendants maintain that "MBA (SC) conducts no business, whatsoever, in any state, as it is a non-operational limited liability company." Belvedere Condominium Unit Owners' Assn. (See Compl. Plaintiff's affidavits establish that its efforts to effect service were sufficient. Mattress By Appointment advertises itself as a place where you can conveniently buy a quality mattress at a low price. (Defs.' 24 0 obj 2021-03-19. 15.) << Defendants argue that Lyle's professional titles were self-imposed and thereby do not convey substantive meaning. A finding that Defendants have transacted business in Ohio or acted consistently with any one of the above factors would be sufficient to assert personal jurisdiction. (Udall Aff. (Id. (ECF No. Federal Rule of Civil Procedure 12(b)(2) provides for dismissal when a court lacks personal jurisdiction over a defendant. at 3; ECF No. Public Records Policy. (Id. Ripoff Report | Mattress By Appointment complaints, reviews, scams, lawsuits and frauds reported, 2 results MATTRESS BY APPOINTMENT Ripoff Reports, 31-32.) 1:20-CV-00900 | 2020-11-06, Duval County - Fourth Judicial Circuit Court | Contract | Burnshire Dev., 198 Fed.Appx. at ECF No. 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. Ohio, Eastern Division. 2307.382(A). 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. Hitachi Med. /Contents [23 0 R 24 0 R 25 0 R] James Edward Arnold, Gerrod Louis Bede, James E. Arnold & Associates Co., LPA, Columbus, OH, for Plaintiff. endstream WebAt Mattress By Appointment, we deliver great value on an ever-changing selection of top brand mattresses, at prices generally 50%-80% below full-price retailers. 22 0 obj ALTA Analytics, Inc. v. Muuss, 75 F.Supp.2d 773, 779 (S.D. /Rotate 0 12 0 obj Web1) Was Mattress By Appointment previously known as Carolina Bedding Direct? I will say though that we bought a mattress from them about a year ago for $600 (broke newlyweds), and we are regretting the purchase. 8-7.)

Our stores dont have expensive overhead, so you dont pay for it in your mattress price. Zinus, Inc. is among the defendants in a proposed class action that claims some of the companys mattresses can release large amounts of glass fibers, included in the product by law for fire retardant purposes, into the surrounding environment, potentially resulting in life-threatening injury. /Annots [] The Sixth Circuit, however, has "deemed specific jurisdiction to be proper even when a defendant would be compelled to travel." Next step: Read our Saatva mattress review. 433, 437 (6th Cir. We and our partners use cookies to Store and/or access information on a device. 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. 's Mem") at 7; ECF No. to Intervene and Stay; 2:13-cv-994, ECF No. Ohio, Eastern Division. >> CompuServe, Inc. v. Patterson, 89 F.3d 1257, 1262 (6th Cir. /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 Defendants now move to dismiss for lack of personal jurisdiction. We paid $1300 for our mattress and have received the worst service. /Resources 42 0 R >> 2021-07-02, Duval County - Fourth Judicial Circuit Court | Contract | 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. For all these reasons, the defendants demanded a jury trial. requiring you to take off work. Sys., Inc. v. Mattress by Appointment, LLC. ), 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.

1991) (citing Serras v. First Tenn. Bank Na'l Ass'n, 875 F.2d 1212, 1214 (6th Cir. Defendant Shoffner invested seed money and additional capital into the company. 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. /Annots [] Under the second Southern Machine requirement, a plaintiff's "cause of action must arise from the defendant's activities there." Here, RSS claims that defendants continued to knowingly and intentionally misappropriate RSS's trade secrets from 2011 to the present. 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R] However, as the Sixth Circuit explained in Southern Machine, "the second criterion does not require that the cause of action formally arise from defendant's contacts with the forum; rather, this criterion requires only that the cause of action, of whatever type, have a substantial connection with the defendant's in-state activities. " Third Nat'l Bank v. WEDGE Grp., Inc., 882 F.2d 1087, 1091 (6th Cir. For the reasons stated above, Defendants' Motion to Dismiss for lack of personal jurisdiction (ECF No. After the first trial, the Franklin County Court of Common Pleas granted Power Marketing Direct, Inc. a fifteen-month permanent injunction (from January 2009 to June 2010), $140,000 in compensatory damages, and $40,000 in punitive damages. 7; ECF Nos. In considering a motion to dismiss for lack of personal jurisdiction, district courts have discretion to either decide the motion on the pleadings alone, permit discovery in aid of deciding the motion, or conduct an evidentiary hearing to resolve any apparent factual questions. 88, 89.) /Type /Metadata 6 0 obj (Pl. endobj Because Mr. Whiddon did in fact accept service on behalf of MBA (FL) II, and because defendants do not claim lack of actual notice, service was proper. However, Mr. Whiddon was no longer with the firm and that the firm was no longer the registered agent for MBA (FL) II, (Id. ) 8-13.) Co., 91 F.3d 790, 793 (6th Cir. Great over all experience! As they were preparing for their defense, these franchise owners realized that they opened a can of worms. In November 2012, Conrad registered another Florida entity, Mattress By Appointment, LLC ("MBA (FL) I"), intending for it to replace Carolina Bedding Direct (FL), though no transfer ultimately occurred.

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Id.