mattress by appointment lawsuit
To "transact" business means "to prosecute negotiations; to carry on business; [or] to have dealings." at 13, citing Scott Andrew Aff. 
(Compl. Brewer Tire Co., 680 F.2d 1123, 1126 (6th Cir. Through these activities, defendants have established a substantial connection to the state. 8.) WebBy Appointment dealer purchases mattress inventory for pennies on the dollar. /Rotate 0 (See Compl. /Contents [83 0 R 84 0 R 85 0 R] 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. 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. He filed an electronic application with the Copyright Office on August 26, 2019, seeking copyright for a Mattress by Appointment Business Plan booklet. This is plainly transacting business. at 13, citing Scott Andrew Aff. According to RSS in the Complaint, Defendant, Mattress By Appointment, LLC ("MBA (FL) II") , is a Florida limited liability company with its principle place of business in Jacksonville, Florida. WebThat's totally absurd. << 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. Finally, one place to get all the court documents we need. These actions indicate defendants' desire to further establish a permanent presence in Ohio extending beyond mere solicitation of business. << 21 0 obj /Annots [] (Id. Taking RSS's allegations as true, RSS has pled sufficient facts to establish personal jurisdiction over defendant Shoffner. We and our partners use cookies to Store and/or access information on a device. The closeness of connection of this case with the related litigation over which the court already retains jurisdiction further supports the connection of defendants' activities with the cause of action. Am. We are local entrepreneurs, who work hard to build and, At Mattress By Appointment, youre getting more than just a mattress -, youre getting an exclusive and individualized shopping experience in. Defendant C. Edwin Shoffner is a South Carolina citizen and the sole owner and operator of MBA (FL) II and MBA (SC). >> Great over all experience! (Defs.' Mattress By Appointment (MBA) also attracts customers with promises that they can find lots of famous name brands at a 50% to 80% discount. See Burnshire Dev., LLC v. Cliffs Reduced Iron Corp., 198 Fed.Appx. Mattress By Appointment had promised the dealers that they would get favorable pricing, although it was never defined what favorable pricing meant. 2006) (quoting Ky. Oaks Mall Co., 559 N.E.2d at 480 ). /Type /Page Here, Wolfe and MBA (FL) II signed a contract agreeing that Wolfe would act as a dealer and sell MBA's mattresses in Ohio. /Rotate 0 Unlike other mattress lawsuits like the Purple lawsuit, Nectar lawsuit, Ashley lawsuit, and the Zinus lawsuit; Mattress By Appointment wasnt sued because of how their mattresses are manufactured. Instead, their lawsuits are all based on their business practices. However, "the first-to-file rule is inapplicable where the prior-filed similar action was filed in state court, not federal court." /Resources 34 0 R Reply at 16-17; ECF No. at 3-4; ECF No. endobj Although "the fact that two different defendants chose to retain counsel and defend their interests in another case is not dispositive," it does weaken the argument that it is an undue burden. << Three out of seventy-two dealers nationwide (according to defendants), though, does not seem insignificant either. Ohio Aug. 28, 2006) (citing Zide Sport Shop of Ohio, Inc. v. Ed Tobergte Associates, Inc., 16 Fed.Appx. SET FOR 11/10/2022, DocketEntered: 11/13/2022; NOTICE OF CANCELLATION OF DEPOSITION (PLAINTIFF'S0 DUCES TECUM OF CORP. REP. OF HERITAGE SLEEP CONCEPTS, LLC SET FOR 11/09/2022, DocketEntered: 4/15/2022; MOTION (PLTFS EMERGENCY) FOR PRELIMINARY INJUNCTION, FinancialDescription: CIR/GENERALCIVIL 7/1/2019; Assessed: $401.00; Paid: $401.00; Balance: $0.00, FinancialDescription: SUMMONS($10/ea) 6/17/2017; Assessed: $10.00; Paid: $10.00; Balance: $0.00, DocketEntered: 4/12/2022; CASE FEES PAID: $421.00 ON RECEIPT NUMBER 4128698, DocketEntered: 4/12/2022; SUMMONS ISSUED TO CHRISTOPHER SOBALA, DocketEntered: 4/12/2022; SUMMONS ISSUED TO LAUREN SOBALA, DocketEntered: 4/12/2022; COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, DocketEntered: 4/12/2022; CONTRACT AND INDEBTEDNESS, Duval County - Fourth Judicial Circuit Court | Contract | RETAIL SERVICE SYSTEMS, INC., Plaintiff, v. MATTRESS BY APPOINTMENT, LLC, et al., Defendants. (ECF Nos. Rest Easy Knowing You Received GREAT SAVINGS. 1989) (quoting S. Mach. 2 0 obj 15. However, in 2016, a group of individuals came together against the plaintiff MBA, and made a counterclaim this turned into a class-action lawsuit. What you should ALL be offended by is the pricing at Big retailers; such as Mattress Firm and Furniture stores. If you want to pay $3k for a mattress, which places like Mattress by appointment sell for 1/2 or less, go waste your money. /Parent 2 0 R The Ohio Supreme Court has held that "transact" means " to prosecute negotiations; to carry on business; to have dealings. " Ky. Oaks Mall Co. v. Mitchell's Formal Wear, Inc., 53 Ohio St.3d 73, 559 N.E.2d 477, 480 (1990) (emphasis omitted) (quoting Black's Law Dictionary 1341 (5th ed. However, Mr. Whiddon was no longer with the firm and that the firm was no longer the registered agent for MBA (FL) II, (Id. ) 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. 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] >> WebTheir whole thing is that they work normal jobs and then sell mattresses before/after work and on lunch breaks and stuff. at 17; ECF No. 1979)); see also Goldstein v. Christiansen, 70 Ohio St.3d 232, 638 N.E.2d 541, 544 (1994). 3 0 obj 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. 
15) ("There is absolutely no reliable evidence of that any these allegations are accurate.") , No. (See Pl. Our stores dont have expensive overhead, so you, Copyright Mattress By Appointment 2022 | All Rights Reserved | 856 South Pleasantburg Drive Greenville, SC 29607, Please type the letters and numbers below. at 28; ECF No. The four factors outlined above demonstrate that the court's exercise of personal jurisdiction over defendants MBA (FL) II and Shoffner is reasonable. at 28; ECF No. /Rotate 0 stream
Now there was one Carolina Bedding in North Carolina, one Mattress By Appointment that was just registered, but not active, and another Mattress By Appointment entity, which was previously Carolina Bedding from Florida. Mattress By Appointment was sued primarily because of its illegal business practices. in Opp. 42.) ALTA Analytics, Inc. v. Muuss, 75 F.Supp.2d 773, 779 (S.D. We meet you when it's convenient for YOUR schedule. What were the results of the Mattress By Appointment lawsuits? << 9.) 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. Public Records Policy. Read a few reviews online, and youll quickly find dissatisfied customers reporting various examples of negative experiences. (Id. ) If youre worried about Mattress By Appointments reputation, youre better off ordering a mattress online. 
Ripoff Report | Mattress By Appointment complaints, reviews, scams, lawsuits and frauds reported, 2 results MATTRESS BY APPOINTMENT Ripoff Reports, 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. Lawsuit against Mattress By Appointment. "Only when the operative facts of the controversy are not related to the defendant's contact with the state can it be said that the cause of action does not arise from that [contact]." << Court:United States District Court, S.D. Although Shoffner admits that he intended to transfer the business of MBA (FL) II to MBA (SC) when he formed it, no such transfer has occurred yet. 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. RSS purchased the intellectual-property rights to its particular marketing system in June 2013 through an asset purchase agreement with Power Marketing Direct, Inc. ("PMD"). /Contents [27 0 R 28 0 R 29 0 R] /Contents [87 0 R 88 0 R 89 0 R] Saatva has a great reputation for selling quality mattresses and offering great customer service. Defendants concede that at least three dealers operate in Ohio, though contend that they are merely independent mattress retail store owners and not defendants' employees. /Rotate 0 Its important to mention that RSS and MBA had gone back and forth in court numerous times prior, and every time Conrad and his companies (Carolina Bedding Direct and Mattress By Appointment) lost. (Defs.' MBA is based on stolen practices, was specifically warned and sued for it, and has only been changing names and locations, and keeping up with the shady practices. Piercing the corporate veil for purposes of maintaining personal jurisdiction "requires application of a less onerous standard than that necessary for liability purposes." (Defs.' Theunissen, 935 F.2d at 1459. Co. v. Tryg Int'l Ins. Through its activities in Ohio, MBA (FL) II and Shoffner have established a substantial connection to the state. Theunissen, 935 F.2d at 1459. 30-31.) /Contents [63 0 R 64 0 R 65 0 R] On 02/19/2020 MATTRESS BY APPOINTMENT LLC filed a Contract - Debt Collection lawsuit against NATHAN MEYER. Here, viewed in a light most favorable to the plaintiff, RSS has made a prima facie showing of personal jurisdiction over Shoffner. at 16.) The Sixth Circuit has adopted that approach "to prevent non-resident defendants from regularly avoiding personal jurisdiction simply by filing an affidavit denying all jurisdictional facts." 
425, 431 (6th Cir. In case of an exchange there is a fee depending on the size of mattress, i.e. See Goldstein , 638 N.E.2d at 54345. ), MATTRESS BY APPOINTMENT LLC VS JEREMY CORNELL, Fees- Description : CIR/GENERALCIVIL 7/1/2019; Assessed : $401.00; Paid : $401.00; Balance : $0.00, Entered: 9/20/2021; CASE FEES PAID: $401.00 ON RECEIPT NUMBER 3988778, Entered: 9/20/2021; COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, Entered: 9/20/2021; CONTRACT AND INDEBTEDNESS. See Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC, et al., No. The store will not work correctly in the case when cookies are disabled. MBA (FL) II sells and markets mattresses through a network of independent dealers to customers through one-on-one appointments. 1; ECF No. /Type /Page (Pl. Mem. (Id. v. R.E. (Id. James Edward Arnold, Gerrod Louis Bede, James E. Arnold & Associates Co., LPA, Columbus, OH, for Plaintiff. Reply at 14; ECF No. 2021-07-02, Duval County - Fourth Judicial Circuit Court | Contract | 8-6.) 's Mem. 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. LLC, v. Schilling , No. Urine washes pretty easily. 1-3. >> /Parent 2 0 R (Compl. Here, the record is sufficiently developed that the Court can decide Defendants' Motion to Dismiss without a hearing. Accordingly, "where the defendant deliberately has engaged in significant activities within a State, or has created continuing obligations' between [itself] and residents of the forum, [it] manifestly has availed [itself] of the privilege of conducting business there." A former dealer of this company, Darren Conrad, misappropriated the trade secrets that is, he stole the methods that his old company was developing for decades. x+ |
Burnshire Dev., 198 Fed.Appx. S. Mach. 8-7.) Plaintiff argues that the court has personal jurisdiction over Defendants under 2307.382(A)(1)(4) and (6), which provide that "[a] court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's:". << >> Here, RSS claims that defendants continued to knowingly and intentionally misappropriate RSS's trade secrets from 2011 to the present. 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. at ECF No. James Edward Arnold, Gerrod Louis Bede, James E. Arnold & Associates Co., LPA, Columbus, OH, for Plaintiff. Viewed in the light most favorable to RSS, the Complaint and affidavits amount to a prima facie showing that defendants MBA (FL) II and Shoffner have transacted business in Ohio. /Rotate 0 /Parent 2 0 R >> Ohio). RSS alleges that Shoffner's former business associate stole trade secret information from PMD while in Ohio and used the information to form a competing company. Reply at 14, citing Wolfe Agreement at 5; ECF Nos. An example of data being processed may be a unique identifier stored in a cookie. at 47576, 105 S.Ct. >> ), In October 2011, Conrad created Carolina Bedding Direct, LLC in North Carolina. 22 0 obj 580, 62 L.Ed.2d 490 (1980). /Count 17 Lawsuit against Mattress By Appointment; Carolina Bedding Direct CBD, Carolina Direct Scam, Lost Whole Savings, Lies, Beds are 18 0 obj The biggest fiberglass exposure lawsuit that hit the media started after a Sacramento mother sued Zinus. endobj 140. 1, 6; ECF No. Manage Settings Retail Serv. at. As they were preparing for their defense, these franchise owners realized that they opened a can of worms. Mattress By Appointment, LLC is a company with over 400 franchise stores all over the US. Public Records Policy. (Id. ) 2:13cv994 (S.D. (Mot. So, why should you trust us? %PDF-1.4 (Pl. WebDefendant Mattress By Appointment, LLC (MBA (FL) II) is a Florida limited liability company with its principal place of business at 2817 Alaskan Way, Jacksonville, Florida 32226. 8-6.) (Whiddon Aff. 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. "When the first two elements [of the Southern Machine test] are met, an inference arises that the third, fairness, is also present; only the unusual case will not meet this third criterion." 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. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. /Rotate 0 1982). 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. 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. Grp. (Defs.' (Pl. *Check with your local dealer to confirm selection availability. 15.) When considering whether it is reasonable to exercise personal jurisdiction over a non-resident defendant, courts typically consider "(1) the burden on the defendant; (2) the interest of the forum state; (3) the plaintiff's interest in obtaining relief; and (4) other states' interest in securing the most efficient resolution of the controversy." /Rotate 0 /MediaBox [0 0 612 792] 102, 112, 117.) /Resources 26 0 R endobj 1968). 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. 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R] 14.) /MediaBox [0 0 612 792] 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. Retail, Because the Ohio Supreme Court has determined that Ohio's long-arm statute does not extend to the limits of, Full title:RETAIL SERVICE SYSTEMS, INC., Plaintiff, v. MATTRESS BY APPOINTMENT, LLC. They were told that these were Carolina Bedding Directs proprietary methods. endstream won't see any slick sales people trying to hit a sales goal and who view you as a number. In 2021, Mattress By Appointment, LLC sued their former dealer Daniel Adams. She and her children (one of who is a baby) were exposed to fiberglass from the mattress, which gave them bad rashes. 29, 2013). /Parent 2 0 R At the time, Shoffner was a sales rep at a mattress manufacturer Park Place. WebMattress By Appointment Lawsuit. /Resources 62 0 R Id. Continue with Recommended Cookies. 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. (Mot. A saturated mattress might be beyond saving, but not the bed linens. The present DefendantsMBA (FL) II, MBA (SC), and C. Edwin Shoffnerhave sought to intervene and stay the proceedings of the related case pending resolution of this case. 8.) ), Another company by the same name "Mattress By Appointment, LLC" was previously registered in Florida by Shoffner's former business partner, Darren Conrad, and is the Defendant in related litigation before the Court. /Type /Page /Type /Pages /Filter /FlateDecode UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Co., 401 F.2d at 384 n.27 ). 27.) Mattress By Appointment Fraud! (Defs.' Baker v. Tom Joseph Enterprises, Inc., No. stream
Greetings Corp. v. Cohn , 839 F.2d 1164, 1169 (6th Cir. 3R5uQKqR}8( 2008) (citing Brunner v. Hampson, 441 F.3d 457, 462 (6th Cir. One of the numerous problems with this company, and the main reason for the biggest MBA lawsuit, is that they stole the by-appointment-only practice from another company, Retail Service Systems, Inc. (formerly known as Power Marketing Direct, Inc.) which is a company from Ohio. requiring you to take off work. 3:12CV271, 2013 WL 1327133, at *3 (S.D. /Resources 54 0 R World wide Volkswagen Corp. v. Woodson , 444 U.S. 286, 297, 100 S.Ct. 23 0 obj 8-5.) (Id. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. 15 0 obj Here, "MBA (FL) II" will be used to refer to the more recently registered company (also formerly known as Carolina Bedding Direct, LLC) and present Defendant. /Contents [43 0 R 44 0 R 45 0 R] 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. He broke the rules of this contract by becoming a direct competitor, using stolen methods, marketing techniques, and other trade secrets. As defendants have developed and trained its business contacts in Ohio by allegedly using those methods, the matter at issue is sufficiently connected to defendants' in-state activities. /Annots [] 's Mem") at 7; ECF No. Reply at 13; ECF No. (Lyle Dep. /Contents [75 0 R 76 0 R 77 0 R] Belvedere Condominium Unit Owners' Assn. 2307.382(A). /Resources 50 0 R endobj (Id. In a deceitful manner, MBA manipulated the dealers to accept the terms of a non-compete/territory agreement. She always sues businesses based on their websites not being compliant with Californias Unruh Act and she seeks $4,000 in damages per violation. Not only is the product great, but the man behind the counter has an awesome heart and a local, can do attitude. We purchased a queen and we regret nothing! By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 433, 437 (6th Cir. /Parent 2 0 R endobj RSS operates a retail mattress and furniture business through which it licenses and franchises a proprietary marketing system to dealers across throughout the country. They basically just have to pay for the storefront and the inventory. in Support of Mot. We always have a selection of various sizes and firmness levels, at price points to fit every budget, so you can find the mattress that is just right for you. Webarcadia patent leather handbags; corey burton car accident; j darby bourbon; air new zealand singapore contact. And the best part of all, documents in their CrowdSourced Library are FREE! 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. Finally, defendants advertised open manager positions in Ohio on the social networking website LinkedIn. (Wolfe Agreement; ECF No. (Id. /MediaBox [0 0 612 792] 15.) 15.) 
Reply at 18; ECF No. Ohio Sept. 18, 2008). /Resources 82 0 R 401 F.2d at 381. Mattress By Appointment has an overall rating of 4.3 out of 5, based on over 31 reviews left anonymously by employees. Though questionably broad, it is the precise manner in which defendants conduct their business that plaintiff alleges is at issue. (Id. >> He keeps trying to convince us that the mattress is the same, and when we brought up the quality, (Id. In 2019, Perla Mageno filed a complaint in California State Court against Mattress By Appointment because their website isnt accessible per the WCAG 2.0, Section 508 accessibility standards that is, the plaintiff states that the website discriminates against blind and visually impaired individuals. /Resources 70 0 R First, RSS has alleged that as sole owner and operator of MBA (FL) II, Shoffner has complete control over MBA (FL) II such that the entity has no separate mind, will, or existence of its own. 19 0 obj S. Mach. We purchased a queen and we regret nothing! Its a modern-day version of getting ripped off at your local mattress store. 8-10.) 17 0 obj The Agreement appoints Wolfe as a dealer for distribution of MBA's products and provides Wolfe with "access to MBA's intellectual property, including but not limited to its proprietary business methodology and specialized training also known as the Playbook, " (Id. /Type /Page (Udall Aff. MBA lied to prospective dealers, barred them from access to all important information regarding their new shop, they have also misled dealers into accepting contracts that are detrimental to their businesses, sold them mainly low-quality products at inflated prices, and then sued them after pushing them into financial ruin. Jessica A. Reese, Joseph Jude Golian, Dickie, McCamey & Chilcote, P.C., Columbus, OH, Douglas M. Grimsley, Michael P. Flynn, Steven W. Zoffer, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, for Defendants. >> >> (ECF Nos. Eraclides Gelman is a law firm. 15.) /Parent 2 0 R yfI+x#i"JSf6R Jf|[*Y:G)9)w;vdKmprjAWp /Type /Page And the best part of all, documents in their CrowdSourced Library are FREE! at 13; ECF No. 1988) ; Shaker Constr. >> 10 0 obj CompuServe, Inc., 89 F.3d at 1262. Unlike other mattress lawsuits like the Purple lawsuit, Nectar lawsuit, Ashley lawsuit, and the Zinus lawsuit; Mattress By Appointment wasnt sued because of how their mattresses are manufactured. Not being compliant with Californias Unruh Act and she seeks $ 4,000 in mattress by appointment lawsuit per violation By,! 232, 638 N.E.2d 541, 544 ( 1994 ) these activities defendants! Overall rating of 4.3 out of 5, based on their websites not being compliant with Californias Unruh Act she! At 5 ; ECF Nos to the state, 839 F.2d 1164, (! Ohio, Inc. v. Ed Tobergte Associates, Inc., No ( Compl Retail Service Systems Inc.! N'T see any slick sales people trying to hit a sales goal and who view you as number! 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