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Defendants.
MOTION
Pursuant to DUCivR 83-2(g), Plaintiff The Neck Hammock, Inc. (“Neck Hammock”)
respectfully moves the Court for transfer of the following higher-number cases to Magistrate
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a Nypot, Case No. 2:19-cv-503-PMW
(“Nypot”);
Case 2:19-cv-00501-EJF Document 6 Filed 07/18/19 Page 2 of 8
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a Tendazon, Case No. 2:19-cv-504-
DBP (“Tendazon”);
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a. Label Tape World, Case No. 2:19-
cv-505-JNP (“Label Tape World”);
These matters are related to lower-number case The Neck Hammock, Inc. v. Does 1-10 d/b/a
Oeagrus Inc., Case No. 2:19-cv-501-EJF (“Oeagrus Case”), and case The Neck Hammock, Inc. v.
Does 1-10 d/b/a health bianli, Case No. 2:19-cv-506-EJF (“health bianli Case”), which are
currently pending before Judge Furse. Each of the factors in DUCivR 83-2(g) favors or is
neutral regarding transfer to a single judicial officer and proceedings before Judge Furse.
MEMORANDUM
Plaintiff Neck Hammock is a manufacturer and seller of at-home cervical traction devices
for relief of compression-related neck pain, like the device shown below in Figure 1. [See Dkt.
The Neck Hammock® device includes shock-absorbing cords attached to the opposite ends of a
sling that cradles the user’s head, as shown below in Figure 2. [Id. at ¶ 5.]
2
Case 2:19-cv-00501-EJF Document 6 Filed 07/18/19 Page 3 of 8
Figure 2
Neck Hammock began selling its at-home cervical traction devices in 2017 through a campaign
on kickstarter.com. [Id. at ¶ 8.] However, before the campaign was finished, infringers began
copying its design and selling cheaply made knock-off products. [Id. at ¶ 10.]
Neck Hammock alleges that the Defendants in each of these five related cases are
Amazon.com third-party sellers of cheaply made knock-off products that infringe Plaintiff’s
intellectual property rights. [See id. at ¶ 15; Nypot, Case No. 2:19-cv-503-PMW, Dkt. No. 2,
Complaint, ¶ 15; Tendazon, Case No. 2:19-cv-504-DBP, Dkt. No. 2, Complaint, ¶ 15; Label
Tape World, Case No. 2:19-cv-505-JNP, Dkt. No. 2, Complaint, ¶ 15; health bianli, Case No.
A review of the various Complaints shows that Neck Hammock’s factual and legal
allegations against the Defendants are substantially identical, although each Defendant may
infringe in a slightly different way, and that the products alleged to infringe are substantially
identical. The factual similarities are shown in the table below (with actual product photos by
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Case 2:19-cv-00501-EJF Document 6 Filed 07/18/19 Page 4 of 8
DUCivR 83-2(g) provides that “[w]henever two or more related cases are pending before
different judges of this court, any party to the later-filed case may file a motion and proposed
order to transfer the case to the judge with the lower-numbered case.” E.g., Starr Indemnity &
Liability Company v. MonaVie, Inc., Case No. 2:14-cv-00395-DN, 2017 WL 5564587, at *2 (D.
Utah. November 17, 2017) (transferring related cases to Judge Nuffer pursuant to DUCivR 83-
2(g)). As in Starr Indemnity, this case is the lower-numbered case. DUCivR 83-2(g) identifies a
(1) Whether the cases arise from the same or a closely related transaction or event;
(2) Whether the cases involve substantially the same parties or property;
(3) Whether the cases involve the same patent, trademark, or copyright;
(4) Whether the cases call for a determination of the same or substantially related
questions of law and fact;
(5) Whether the cases would entail substantial duplication of labor or unnecessary court
costs or delay if heard by different judges;
(6) Whether there is risk of inconsistent verdicts or outcomes;
(7) Whether the motion has been brought for an improper purpose; or
(8) Other factors as provided by case law.
DUCivR 83-2(g). Each of these factors either favors or is neutral regarding transfer.
Whether the cases arise from the same or a closely related transaction or event.
Each of these cases arises from the same or a closely related series of events, whereby Neck
Hammock alleges that its intellectual property rights have been infringed by a third-party vendor
on Amazon.com. [Dkt. No. 2, ¶¶ 14-16; Nypot, Case No. 2:19-cv-503-PMW, Dkt. No. 2,
Complaint, ¶¶ 14-16; Tendazon, Case No. 2:19-cv-504-DBP, Dkt. No. 2, Complaint, ¶¶ 14-16;
Label Tape World, Case No. 2:19-cv-505-JNP, Dkt. No. 2, Complaint, ¶¶ 14-16; health bianli,
Case No. 2:19-cv-506-EJF, Dkt. No. 2, Complaint, ¶¶ 14-16.] Although involving different
Case 2:19-cv-00501-EJF Document 6 Filed 07/18/19 Page 6 of 8
defendants, the Complaints allege a substantially identical pattern of conduct. Accordingly, this
Whether the cases involve substantially the same parties or property. The Plaintiff
and its counsel are the same in each of the five cases. [Dkt. No. 2, ¶¶ 14-16; Nypot, Case No.
Dkt. No. 2, Complaint, ¶¶ 14-16; Label Tape World, Case No. 2:19-cv-505-JNP, Dkt. No. 2,
Complaint, ¶¶ 14-16; health bianli, Case No. 2:19-cv-506-EJF, Dkt. No. 2, Complaint, ¶¶ 14-
16.] And although the defendant John Doe sellers may be different, the sales platform, products,
and sales activity of each Defendant will present similar issues for consideration by the Court.
This factor favors transfer to the judge with the lower-numbered case.
Whether the cases involve the same patent, trademark, or copyright. Each case
involves substantially the same patent and trademark claims; some of the cases feature copyright
claims where the Defendants are alleged to have copied Neck Hammock’s copyrighted photos or
graphics. [Dkt. No. 2, ¶¶ 25-26 (Trademarks, Design Patents, Patent); Nypot, Case No. 2:19-cv-
503-PMW, Dkt. No. 2, Complaint, ¶ 25 (Design Patents, Patent); Tendazon, Case No. 2:19-cv-
504-DBP, Dkt. No. 2, Complaint, ¶¶ 25-27 (Copyrights, Trademarks, Design Patents, Patent);
Label Tape World, Case No. 2:19-cv-505-JNP, Dkt. No. 2, Complaint, ¶¶ 25-26 (Trademarks,
Design Patents, Patent); health bianli, Case No. 2:19-cv-506-EJF, Dkt. No. 2, Complaint, ¶¶ 25-
27 (Copyrights, Trademarks, Design Patents, Patent).] The minor differences between the
Complaints notwithstanding, these cases involve the same patents, trademarks, and copyrights
and this factor favors transfer to the judge with the lower-numbered case.
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Whether the cases call for a determination of the same or substantially related
questions of law and fact. As noted above, the allegations involve a similar pattern of conduct
and substantially the same intellectual property rights of Plaintiff Neck Hammock. See
discussion supra pp. 5-6. It is likely these cases will likely call for similar determinations of the
same or substantially related questions of law and fact (indeed, these cases may benefit from
consolidation for certain pre-trial matters). This factor strongly favors transfer to the judge with
court costs or delay if heard by different judges. Because each of the Complaints raises
substantially identical issues of law and fact, see discussion supra pp. 5-7, assignment of these
matters to a single judge will substantially reduce any duplication of labor and effort that would
result if these matters were heard by different judges. This factor strongly favors transfer to the
substantially identical issues of law and fact. [See generally Dkt. No. 2; Nypot, Case No. 2:19-
cv-503-PMW, Dkt. No. 2, Complaint; Tendazon, Case No. 2:19-cv-504-DBP, Dkt. No. 2; Label
Tape World, Case No. 2:19-cv-505-JNP, Dkt. No. 2, Complaint; health bianli, Case No. 2:19-cv-
506-EJF, Dkt. No. 2, Complaint.] This raises a potential risk of inconsistencies between matters.
This factor favors transfer to the judge with the lower-numbered case.
Whether the motion has been brought for an improper purpose. There is no
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Other factors as provided by case law. Neck Hammock is not aware of other factors
Pursuant to DUCivR 83-2(g), judicial economy and the interest of justice favor the
transfer of these related cases to the judge with the lower-numbered case. For the foregoing
reasons, Neck Hammock respectfully requests the transfer of the following related higher-
number cases to the judge with the lower-numbered case, Magistrate Judge Furse.
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a Nypot, Case No. 2:19-cv-503-PMW
(“Nypot”);
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a Tendazon, Case No. 2:19-cv-504-
DBP (“Tendazon”);
▪ The Neck Hammock, Inc. v. Does 1-10 d/b/a. Label Tape World, Case No. 2:19-
cv-505-JNP (“Label Tape World”);
A proposed order granting this Motion to Transfer has been submitted herewith.
WORKMAN NYDEGGER
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