UnderCover, Inc. et al v. Rough Country, LLC
Plaintiff: UnderCover, Inc. and Laurmark Enterprises, Inc. doing business as BAK Industries
Defendant: Rough Country, LLC
Counter Defendant: Laurmark Enterprises, Inc., RealTruck, Inc. and RealTruck Enterprise, Inc.
Case Number: 1:2024cv01093
Filed: April 25, 2024
Court: US District Court for the Western District of Tennessee
Presiding Judge: Jon Phipps McCalla
Referring Judge: Jon A York
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2024 Filing 31 ANSWER to #23 Answer to Complaint, Counterclaim , Amended COUNTERCLAIM against Laurmark Enterprises, Inc., UnderCover, Inc., RealTruck, Inc., RealTruck Enterprise, Inc. by Rough Country, LLC. (Attachments: #1 Summons For RealTruck, Inc., #2 Summons For RealTruck Enterprise, Inc.)(Fairbairn, Grant)
June 21, 2024 Opinion or Order Filing 30 ORDER granting #29 Motion to Withdraw as Attorney. Attorney Nicole Berkowitz Riccio terminated. Signed by Judge Jon Phipps McCalla on 6/21/2024. (mac)
June 20, 2024 Filing 29 MOTION to Withdraw as Attorney as to Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. and Nicole Berkowitz Riccio by Rough Country, LLC. (Riccio, Nicole)
June 17, 2024 Filing 28 SETTING LETTER: A VIDEO PATENT SCHEDULING CONFERENCE has been RESET before Judge Jon Phipps McCalla to TUESDAY, JULY 16, 2024 at 10:30 A.M. The conference will be conducted by means of Zoom video conferencing. Conference invitations will be emailed at least one day prior to the hearing. The parties are directed to confer before the Patent Scheduling Conference pursuant to LPR 2.1(b) and submit a Joint Planning Report and Proposed Scheduling Order pursuant to LPR 2.1(c). (jrs)
June 14, 2024 Opinion or Order Filing 27 ORDER resetting Patent Scheduling Conference. Signed by Judge Jon Phipps McCalla on 6/14/2024. (mac)
June 10, 2024 Filing 26 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #25 Stipulation filed by UnderCover, Inc., Laurmark Enterprises, Inc. has been filed. For future reference, please note Document should have been filed as a "motion" and when allowed, text in "Joint", allowing chambers to make a ruling on the motion. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
June 7, 2024 Filing 25 STIPULATION to Re-Set Patent Scheduling Conference (proposed order submitted) by Laurmark Enterprises, Inc., UnderCover, Inc.. (Caloiaro, Steven)
June 7, 2024 Filing 24 Corporate Disclosure Statement by Rough Country, LLC. (Riccio, Nicole)
June 7, 2024 Filing 23 Rough Country's ANSWER to #1 Complaint,, with Jury Demand , Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Rough Country, LLC.(Riccio, Nicole)
June 6, 2024 Opinion or Order Filing 22 ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 6/6/2024. (mac)
June 6, 2024 Opinion or Order Filing 21 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 6/6/2024. (mac)
June 6, 2024 Opinion or Order Filing 20 ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 6/6/2024. (mac)
June 6, 2024 Filing 19 MOTION for Leave to Appear Pro Hac Vice Kelsey J. McElveen (Filing fee $ 150 receipt number ATNWDC-4430937) by Rough Country, LLC. (Attachments: #1 Certificate of Good Standing - U.S. District of Minnesota, #2 Certificate of Good Standing - State of Minnesota)(McElveen, Kelsey)
June 6, 2024 Filing 18 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4430919) by All Defendants. (Attachments: #1 Attachment to Motion for Leave to Appear Pro Hac Vice, #2 Certificate of Good Standing - State of Minnesota, #3 Certificate of Good Standing - U.S. District of MN)(Patton, Thomas)
June 6, 2024 Filing 17 MOTION for Leave to Appear Pro Hac Vice Grant D. Fairbairn (Filing fee $ 150 receipt number ATNWDC-4430892) by Rough Country, LLC. (Attachments: #1 Attachment to Motion for Leave to Appear Pro Hac Vice, #2 Certificate of Good Standing - State of Minnesota, #3 Certificate of Good Standing - U. S. District of Minnesota)(Fairbairn, Grant)
May 29, 2024 Filing 16 SETTING LETTER: A VIDEO PATENT SCHEDULING CONFERENCE has been SET before Judge Jon Phipps McCalla on MONDAY, JUNE 24, 2024 at 10:00 A.M. The conference will be conducted by means of Zoom video conferencing. Conference invitations will be emailed at least one day prior to the hearing. (jrs)
May 24, 2024 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 5/24/2024. (mac)
May 22, 2024 Filing 14 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4420818) by All Plaintiffs. (Attachments: #1 COGS MI Sup Ct, #2 COGS USDC EDMI)(MacCallum, Michael)
May 14, 2024 Opinion or Order Filing 13 ORDER granting #12 MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond to the Complaint-Proposed Order Submitted Rough Country, LLC answer due 6/7/2024. Signed by Judge Jon Phipps McCalla on May 14, 2024. (mac) (Main Document 13 replaced on 5/14/2024) (mac). (Main Document 13 replaced on 5/14/2024) (mac).
May 14, 2024 Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, or Otherwise Respond to the Complaint-Proposed Order Submitted by Rough Country, LLC. (Riccio, Nicole)
May 7, 2024 Filing 11 SUMMONS Returned Executed by UnderCover, Inc., Laurmark Enterprises, Inc. as to Rough Country, LLC. (Caloiaro, Steven)
May 2, 2024 Opinion or Order Filing 10 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on May 2, 2024. (mac)
April 30, 2024 Filing 9 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4403127) by All Plaintiffs. (Attachments: #1 COGS NV Supreme Ct, #2 COGS USDC NV)(Caloiaro, Steven)
April 26, 2024 Filing 8 Summons Issued as to Rough Country, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (gkp)
April 25, 2024 Filing 7 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (gkp)
April 25, 2024 Filing 6 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (gkp)
April 25, 2024 Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (gkp)
April 25, 2024 Filing 4 Judge Jon Phipps McCalla and Magistrate Judge Jon A. York added. (gkp)
April 25, 2024 Filing 3 Corporate Disclosure Statement by Laurmark Enterprises, Inc., UnderCover, Inc. identifying Corporate Parent RealTruck Enterprise, Inc., Corporate Parent RealTruck Group, Inc., Corporate Parent RealTruck Intermediate Holdings, Inc., Corporate Parent RealTruck Holdings, Inc., Corporate Parent RealTruck, Inc. for Laurmark Enterprises, Inc., UnderCover, Inc... (Burgener, Joshua)
April 25, 2024 Filing 2 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,815,358; 8,690,224; 7,537,264; . (Burgener, Joshua)
April 25, 2024 Filing 1 COMPLAINT for Patent Infringement against Rough Country, LLC (Filing fee $ 405 receipt number ATNWDC-4399315), filed by UnderCover, Inc., Laurmark Enterprises, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons to be issued to Rough Country, LLC, #3 Exhibit A - '358 Patent, #4 Exhibit B - '224 Patent, #5 Exhibit C - '264 Patent, #6 Exhibit D - '358 Claim Chart, #7 Exhibit E - '224 Claim Chart, #8 Exhibit F - '264 Claim Chart)(Burgener, Joshua)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Western District Court's Electronic Court Filings (ECF) System

Search for this case: UnderCover, Inc. et al v. Rough Country, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: UnderCover, Inc.
Represented By: Joshua Logan Burgener
Represented By: Steven A. Caloiaro
Represented By: Michael MacCallum
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Laurmark Enterprises, Inc. doing business as BAK Industries
Represented By: Joshua Logan Burgener
Represented By: Steven A. Caloiaro
Represented By: Michael MacCallum
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rough Country, LLC
Represented By: Grant Fairbairn
Represented By: Nicole Berkowitz Riccio
Represented By: Kelsey J. McElveen
Represented By: Thomas M. Patton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Laurmark Enterprises, Inc.
Represented By: Steven A. Caloiaro
Represented By: Michael MacCallum
Represented By: Joshua Logan Burgener
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: RealTruck, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: RealTruck Enterprise, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?