COVVES, LLC v. BIGMOUTH INC., et al.
Plaintiff: COVVES LLC
Defendant: BIGMOUTH, INC., BIGMOUTH, LLC and BIGMOUTH INC.
Counter Defendant: COVVES, LLC
Counter Claimant: BIGMOUTH LLC.
Case Number: 1:2018cv03307
Filed: October 26, 2018
Court: U.S. District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Jane Magnus-Stinson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2020 Filing 50 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Order of Dismissal) (JDH)
January 10, 2020 Filing 49 CLOSED DISMISSED. ACKNOWLEDGED JOINT STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE - Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Covves, LLC (Covves) and Defendants BigMouth Inc. and BigMouth LLC (together, Defendants) hereby stipulate as follows: 1. Covves and Defendants have entered into a confidential settlement agreement providing for payment of certain sums by Defendants to Covves, the last of which is due approximately two years from January 7, 2020. 2. Upon payment in full of the sums owing to Covves by Defendants, Covves agrees to the voluntary dismissal with prejudice of any and all claims against Defendants that have been asserted in this case. (MARGINAL ENTRY) Signed by Judge Jane Magnus-Stinson on 1/10/2020. (JDC)
January 9, 2020 Filing 48 STIPULATION of Dismissal without Prejudice, as to Defendants BIGMOUTH INC., BIGMOUTH LLC., filed by COVVES, LLC. (McArthur, Stephen)
October 16, 2019 Opinion or Order Filing 47 ORDER ON OCTOBER 15, 2019, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel October 15, 2019, for a telephonic status conference. Discussion was held regarding discovery, settlement, and related matters. The parties shall contact the Magistrate Judge regarding settlement promptly after the anticipated private mediation in December 2019 in the related California litigation. Signed by Magistrate Judge Tim A. Baker. Copy Mailed. (MGG) Modified on 10/16/2019 (MGG).
October 16, 2019 Opinion or Order Filing 46 ORDER granting #45 Motion to Appear pro hac vice. Attorney Thomas Dietrich for COVVES, LLC added. Counsel shall register for electronic filing, as required by Local Rule 5-2(a), within 7 days. Copy to Thomas Dietrich via US Mail. Signed by Magistrate Judge Tim A. Baker on 10/16/2019. (SWM)
October 15, 2019 Filing 45 MOTION for Attorney(s) Thomas Dietrich to Appear pro hac vice (Filing fee $100, receipt number 0756-5675053), filed by Plaintiff COVVES, LLC. (Attachments: #1 Exhibit 1 - PHV Certification on behalf of Thomas Dietrich, #2 Text of Proposed Order)(Overhauser, Paul)
September 26, 2019 Opinion or Order Filing 43 UNIFORM STIPULATED PROTECTIVE ORDER #42 SO ORDERED. Signed by Magistrate Judge Tim A. Baker on 9/26/2019.(SWM)
September 24, 2019 Filing 42 Joint MOTION for Protective Order , filed by Plaintiff COVVES, LLC. (Attachments: #1 Protective Order)(McArthur, Stephen)
September 19, 2019 Filing 41 TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Jury Trial before Judge Jane Magnus-Stinson on October 26, 2020 at 9:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for September 30, 2020 at 9:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in the case management plan dkt. #36 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at dkt. #6 . Signed by Judge Jane Magnus-Stinson on 9/19/2019.(JDH)
August 12, 2019 Opinion or Order Filing 40 ORDER granting #39 Motion to Withdraw Attorney Appearance. Attorney April M. Jay withdrawn. Copy to April M. Jay via US Mail. Signed by Magistrate Judge Tim A. Baker on 8/12/2019. (SWM)
August 7, 2019 Filing 39 MOTION to Withdraw Attorney Appearance April M. Jay, filed by Plaintiff COVVES, LLC, Counter Defendant COVVES, LLC. (Attachments: #1 Proposed Order)(Jay, April)
June 10, 2019 Filing 38 Witness List and Exhibit List, filed by Defendant BIGMOUTH INC.. (Mulligan, Edward)
June 4, 2019 Filing 37 Witness List and Exhibit List, filed by Plaintiff COVVES, LLC. (McArthur, Stephen)
May 6, 2019 Opinion or Order Filing 36 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 5/2/2019, for an Initial Pretrial Conference. Dispositive Motions due by 2/14/2020. Discovery due by 2/26/2020. Status Conference set for 10/15/2019 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 5/6/2019.(SWM)
April 25, 2019 Filing 34 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff COVVES, LLC . (McArthur, Stephen)
February 19, 2019 Opinion or Order Filing 33 ORDER granting Parties' #32 Joint Motion to Continue Initial Pretrial Conference and Case Management Plan Deadline. The Court continues the deadline for filing the Case Management Plan, currently due on February 25, 2019, to April 25, 2019. The Court continues the date of the Telephonic Initial Pretrial Conference, currently set for March 4, 2019, to May 2, 2019, at 10:30 a.m. Eastern time. Signed by Magistrate Judge Tim A. Baker on 2/19/2019.(SWM)
February 14, 2019 Filing 32 Joint MOTION for Continuance of Initial Pretrial Conference and Case Management Plan Deadline, filed by Plaintiff COVVES, LLC. (Attachments: #1 Text of Proposed Order)(McArthur, Stephen)
February 7, 2019 Filing 31 Corporate Disclosure Statement by BIGMOUTH INC.. (Mulligan, Edward)
February 6, 2019 Filing 30 Corporate Disclosure Statement by COVVES, LLC. (McArthur, Stephen)
February 6, 2019 Filing 29 NOTICE to File Corporate Disclosure Statement to BIGMOUTH INC., BIGMOUTH LLC. (LAB) (JDH)
February 6, 2019 Filing 28 NOTICE to File Corporate Disclosure Statement to COVVES, LLC. (LAB) (JDH)
January 30, 2019 Filing 27 MARGINAL ENTRY - Dismissal of Counterclaim #26 acknowledged. Counter Defendant COVVES, LLC, and Counter Claimants BIGMOUTH INC. and BIGMOUTH LLC terminated. Signed by Judge Jane Magnus-Stinson on 1/30/2019.(JDH)
January 29, 2019 Filing 26 NOTICE of Voluntary Dismissal, filed by Defendant BIGMOUTH INC.. (Mulligan, Edward)
January 18, 2019 Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim at Dkt. 20) , filed by Counter Defendant COVVES, LLC. (McArthur, Stephen)
January 18, 2019 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaim at Dkt. 20), filed by Counter Defendant COVVES, LLC. (Attachments: #1 Affidavit of Ricky Brown, #2 Exhibit 1--Amazon Infringement Report Form)(McArthur, Stephen) Termed on 1/30/2019 per #27 Entry (JDH).
December 12, 2018 Opinion or Order Filing 23 SCHEDULING ORDER: Initial Pretrial Conference set for 3/4/2019 04:30 PM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrialconference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/12/2018.(SWM)
December 10, 2018 Filing 22 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer) (JDH)
December 5, 2018 Filing 21 NOTICE of Parties' First Extension of Time, filed by Plaintiff COVVES, LLC. (McArthur, Stephen)
November 30, 2018 Filing 20 ANSWER to #1 Complaint , COUNTERCLAIM against COVVES, LLC, filed by BIGMOUTH LLC., BIGMOUTH INC..(Mulligan, Edward)
November 26, 2018 Opinion or Order Filing 19 ORDER granting #17 Motion to Appear pro hac vice. Attorney Morgan T. Nickerson for BIGMOUTH INC. and BIGMOUTH LLC. added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Morgan T. Nickerson and Stephen McArthur via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/26/2018. (SWM) Modified on 11/26/2018 (SWM).
November 20, 2018 Opinion or Order Filing 18 ORDER granting #14 Motion to Appear pro hac vice. Attorney Stephen McArthur for COVVES, LLC added. Signed by Magistrate Judge Tim A. Baker on 11/20/2018 (dist made) (CBU)
November 20, 2018 Filing 17 MOTION for Attorney(s) Morgan T. Nickerson to Appear pro hac vice (Filing fee $100, receipt number 0756-5164645), filed by Defendants BIGMOUTH INC., BIGMOUTH LLC.. (Attachments: #1 Exhibit Exhibit A - Certification of Morgan T. Nickerson in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pr Hac Vice)(Mulligan, Edward)
November 20, 2018 Filing 16 NOTICE of Automatic Extension of Time to Respond to Complaint, filed by Defendants BIGMOUTH INC., BIGMOUTH LLC. (Mulligan, Edward)
November 20, 2018 Filing 15 NOTICE of Appearance by Edward B. Mulligan, V on behalf of Defendants BIGMOUTH INC., BIGMOUTH LLC.. (Mulligan, Edward)
November 19, 2018 Filing 14 MOTION for Attorney(s) Stephen McArthur to Appear pro hac vice (Filing Fee pd. Receipt #0756-5150295) (No fee paid with this filing), filed by Plaintiff COVVES, LLC. (Attachments: #1 Exhibit A - Declaration of Stephen McArthur, #2 Text of Proposed Order)(Overhauser, Paul)
November 15, 2018 Filing 13 AFFIDAVIT of Service for Summons and Complaint re: Defendant, BIGMOUTH, LLC served on Scot Swenberg on October 31, 2018, filed by COVVES, LLC. (Overhauser, Paul)
November 15, 2018 Filing 12 AFFIDAVIT of Service for Summons and Complaint re: Defendant, BIGMOUTH, Inc. served on Scot Swenberg on October 31, 2018, filed by COVVES, LLC. (Overhauser, Paul)
November 12, 2018 Filing 11 MOTION for Attorney(s) Stephen McArthur to Appear pro hac vice (Filing fee $100, receipt number 0756-5150295), filed by Plaintiff COVVES, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)(Overhauser, Paul)
October 31, 2018 Filing 10 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint and Exhibits) (APD)
October 31, 2018 Filing 9 Summons Issued as to BIGMOUTH LLC. (APD)
October 30, 2018 Filing 8 NOTICE of Appearance by April M. Jay on behalf of Plaintiff COVVES, LLC. (Jay, April)
October 30, 2018 Filing 7 Proposed Summons submitted for issuance by the clerk as to BIGMOUTH LLC.. (Overhauser, Paul)
October 30, 2018 Filing 6 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (APD)
October 29, 2018 Filing 5 NOTICE of Appearance by Paul B. Overhauser on behalf of Plaintiff COVVES, LLC. (Overhauser, Paul)
October 29, 2018 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
October 29, 2018 Filing 3 Summons Issued as to BIGMOUTH INC. (DJH)
October 26, 2018 Filing 2 Proposed Summons submitted for issuance by the clerk as to BIGMOUTH, INC.. (Overhauser, Paul)
October 26, 2018 Filing 1 COMPLAINT for Design Patent Infringement and Trade Dress Infringement against BIGMOUTH, INC., BIGMOUTH, LLC, filed by COVVES LLC. (Filing fee $400, receipt number 0756-5129292) (Attachments: #1 Exhibit 1 - Design Patent US D787617 S, #2 Exhibit 2 - Design Patent US D783370, #3 Exhibit 3 - BIGMOUTH Specimens, #4 Exhibit 4 - Email string re: Amazon complaint, #5 Exhibit 5 - April 2018 Notice to Amazon, #6 Exhibit 6 - BigMouth product pages, #7 Civil Cover Sheet, #8 Proposed Summons BIGMOUTH INC, #9 Proposed Summons BIGMOUTH LLC)(Overhauser, Paul)

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Plaintiff: COVVES LLC
Represented By: Paul B. Overhauser
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Defendant: BIGMOUTH, INC.
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Defendant: BIGMOUTH, LLC
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Defendant: BIGMOUTH INC.
Represented By: Edward B. Mulligan, V
Represented By: Morgan T. Nickerson
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Counter defendant: COVVES, LLC
Represented By: Paul B. Overhauser
Represented By: Stephen McArthur
Represented By: April M. Jay
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Counter claimant: BIGMOUTH LLC.
Represented By: Edward B. Mulligan, V
Represented By: Morgan T. Nickerson
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