Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. H-05-0299. Motions Motion to dismiss : Granted Judges David Hittner See more information ... Smart Summary Please sign up to generate summary. FINGER FURNITURE COMPANY, INC., Plaintiff, v. MATTRESS FIRM, INC. d/b/a THE MATTRESS FIRM, Defendant. FINAL JUDGMENT DAVID HITTNER, District Judge As Defendant Mattress Firm, Inc.'s Motion to Dismiss for Lack of Subject matter Jurisdiction and for Failure to State a Claim (Document No. 10) has been granted, the Court hereby ORDERS that final judgment be entered in favor of Defendant Mattress Firm, Inc. Plaintiff Finger Furniture Company, Inc.'s claims against Defendant are DISMISSED without prejudice. Plaintiff shall take nothing from Defendant. This is a FINAL JUDGMENT.