FedEx Ground Package System, Inc. v. Route Consultant, Inc.
Plaintiff: FedEx Ground Package System, Inc.
Defendant: Route Consultant, Inc.
Case Number: 3:2022cv00656
Filed: August 26, 2022
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Aleta A Trauger
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2022 Filing 27 RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by FedEx Ground Package System, Inc.. (Callen, Jason)
October 17, 2022 Filing 26 ****DISREGARD. INCORRECT DOCUMENT ATTACHED. ATTORNEY TO RE-FILE.**** RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by FedEx Ground Package System, Inc.. (Callen, Jason) Modified on 10/17/2022 (ln).
October 17, 2022 Opinion or Order Filing 25 ORDER: Motion #24 to Exceed Page Limits in Briefing for Motion to Dismiss and Responses GRANTED. Signed by District Judge Aleta A. Trauger on 10/17/2022. (ln)
October 17, 2022 NOTICE TO FILER re DE#26 : The incorrect PDF was filed. This document is disregarded. Counsel shall re-file the document. (ln)
October 3, 2022 Filing 24 Unopposed MOTION for Leave to File Excess Pages in Briefing for Motion to Dismiss and Responses by Route Consultant, Inc.. (Grams, Andrew)
September 28, 2022 Opinion or Order Filing 23 ORDER: The Unopposed Motion for Extension of Time (Doc. No. #22 ) is GRANTED. The plaintiff shall respond to the pending Motion to Dismiss (Doc. No. #17 ) by October 17, 2022, and the defendant shall file a reply by October 31, 2022. It is further ORDERED that the initial case management conference scheduled for October 24, 2022 is CONTINUED, to be reset, if appropriate, following disposition of this motion. Signed by District Judge Aleta A. Trauger on 9/28/2022. (ln)
September 28, 2022 Filing 22 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim by FedEx Ground Package System, Inc.. (Callen, Jason)
September 21, 2022 TN State Bar status verified as active for Andrew N. Grams, Paige I. Bernick admitted to this court. (ln)
September 20, 2022 Filing 21 NOTICE of Appearance (WITH CORRECTED CERTIFICATE OF SERVICE) by Paige I. Bernick on behalf of Route Consultant, Inc. (Bernick, Paige) Modified on 9/21/2022 (ln).
September 20, 2022 Filing 20 NOTICE of Appearance by Paige I. Bernick on behalf of Route Consultant, Inc. (Bernick, Paige)
September 20, 2022 Filing 19 NOTICE of Appearance by Andrew N. Grams on behalf of Route Consultant, Inc. (Grams, Andrew)
September 19, 2022 Filing 18 MEMORANDUM in Support of #17 MOTION to Dismiss for Failure to State a Claim filed by Route Consultant, Inc. . (Neal, Brian)
September 19, 2022 Filing 17 MOTION to Dismiss for Failure to State a Claim by Route Consultant, Inc.. (Attachments: #1 Exhibit Ex. A - July 20, 2022 Letter of Assurance from Mr. Patton, #2 Exhibit Ex. B1 - Certified transcript of 13-minute YouTube video, #3 Exhibit Ex. B2 - Certified transcript of 3-minute YouTube video, #4 Exhibit Ex. B3 - Certified transcript of 50-minute YouTube video, #5 Exhibit Ex. B4 - Certified transcript of 7-minute YouTube Video, #6 Exhibit Ex. B5 - Certified transcript of Aug. 10, 2022 YouTube video, #7 Exhibit Ex. B6 - Certified transcript of Aug. 24, 2022 YouTube video, #8 Exhibit Ex. C - Press Release dated July 20, 2022, #9 Exhibit Ex. D - July 27, 2022 letter from John Smith at FedEx Ground)(Neal, Brian)
September 19, 2022 Filing 16 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Route Consultant, Inc.. (Neal, Brian)
September 1, 2022 Filing 15 SUMMONS returned executed by FedEx Ground Package System, Inc.. Route Consultant, Inc. served on 8/29/2022. (Callen, Jason)
August 31, 2022 Opinion or Order Filing 14 ORDER granting #6 , #7 , #8 , and #13 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Thomas J. Smith, Patrick J. McElhinny, Curtis B. Krasik, and Christopher M. Verdini to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 08/31/2022. (lh)
August 31, 2022 PA State Bar status verified as active for Christopher M. Verdini not admitted to this court - Local counsel secured. (ln)
August 30, 2022 Filing 13 MOTION for attorney Christopher M. Verdini to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3657722) by FedEx Ground Package System, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Callen, Jason)
August 30, 2022 Filing 12 CERTIFICATE of Counsel re #8 MOTION for attorney Curtis B. Krasik to Appear Pro Hac Vice by Jason W. Callen on behalf of FedEx Ground Package System, Inc. (Callen, Jason)
August 30, 2022 Filing 11 CERTIFICATE of Counsel re #7 MOTION for attorney Patrick J. McElhinny to Appear Pro Hac Vice by Jason W. Callen on behalf of FedEx Ground Package System, Inc. (Callen, Jason)
August 30, 2022 Filing 10 CERTIFICATE of Counsel re #6 MOTION for attorney Thomas J. Smith to Appear Pro Hac Vice by Jason W. Callen on behalf of FedEx Ground Package System, Inc. (Callen, Jason)
August 30, 2022 NOTICE TO FILER re DE#6 , #7 , #8 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not sign the certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for these documents. (Please do not re-file the entire pleadings.) (ln)
August 29, 2022 Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by FedEx Ground Package System, Inc.. (Callen, Jason)
August 29, 2022 Filing 8 MOTION for attorney Curtis B. Krasik to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3656985) by FedEx Ground Package System, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Callen, Jason)
August 29, 2022 Filing 7 MOTION for attorney Patrick J. McElhinny to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3656975) by FedEx Ground Package System, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Callen, Jason)
August 29, 2022 Filing 6 MOTION for attorney Thomas J. Smith to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3656917) by FedEx Ground Package System, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Callen, Jason)
August 26, 2022 Filing 5 NOTICE of Initial Case Management Conference set for 10/24/2022 at 3:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (ln)
August 26, 2022 Filing 4 Summons issued as to Route Consultant, Inc. Service copies will be picked up by counsel at the Intake Window between 8:00 a.m. and 4:00 p.m. (ln)
August 26, 2022 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
August 26, 2022 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
August 26, 2022 Filing 1 COMPLAINT against Route Consultant, Inc. (Filing fee $402, Receipt number ATNMDC-3655658) filed by FedEx Ground Package System, Inc. (Attachments: #1 Attachment 1 - Civil Cover Sheet)(ln)
August 26, 2022 NOTICE TO COUNSEL Thomas J. Smith, Patrick McElhinny, Curtis B. Krasik: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/16/2022. (ln)
August 26, 2022 PA State Bar status verified as active for Thomas J. Smith, Patrick McElhinny, Curtis B. Krasik not admitted to this court - Local counsel secured. (ln)
August 26, 2022 TN State Bar status verified as active for Jason W. Callen admitted to this court. (ln)

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Plaintiff: FedEx Ground Package System, Inc.
Represented By: Curtis B. Krasik
Represented By: Jason W. Callen
Represented By: Patrick McElhinny
Represented By: Thomas J. Smith
Represented By: Christopher M. Verdini
Represented By: Patrick J. McElhinny
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Defendant: Route Consultant, Inc.
Represented By: Brian C. Neal
Represented By: Andrew N. Grams
Represented By: Paige I. Bernick
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