BERROCAL v. Refloor LLC et al
| MARCO BERROCAL Doing business as Bourne Co. |
| Refloor LLC, JK Squared LLC and Brian Elias |
| MARCO BERROCAL |
| 3:2022cv10825 |
| April 18, 2022 |
| US District Court for the Eastern District of Michigan |
| Robert H Cleland |
| Jonathan JC Grey |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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Filing 48
TEXT-ONLY ORDER: DEFENDANTS REFLOOR LLC'S AND BRIAN ELIAS' MOTION FOR RECONSIDERATION OF JANUARY 13, 2023 TEXT-ONLY ORDER (ECF No. #44 ) is DENIED AS MOOT as to the date of the settlement conference, and DENIED ON THE MERITS as to its request to have JK's managing director appear for the conference remotely. The movants have demonstrated no grounds under E.D. Mich. LR 7.1(h) which would require an outcome different from the Text-Only Order of January 13, 2023. As made clear at yesterday's status conference, fully authorized representatives of all parties, as specified in my Practice Guidelines for settlement conferences, will be required to attend the upcoming settlement conference unless the parties stipulate that a particular representative is so peripheral to the negotiations as to be excusable. It is SO ORDERED. Entered by Magistrate Judge Anthony P. Patti. (LHos)
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Minute Entry for virtual proceedings before Magistrate Judge Anthony P. Patti: Status Conference held on 2/6/2023. Settlement Conference reset for 4/11/2023 01:30 PM before Magistrate Judge Anthony P. Patti in Courtroom 672. **Settlement statements are due by 4/4/2023. Please review Judge Patti's Practice Guidelines for Settlement Conferences at http://www.mied.uscourts.gov/index.cfm?pageFunction=chambers&judgeid=51. (Court Reporter: Digitally Recorded on Zoom) (LHos)
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Filing 47
**TIME CHANGE ONLY** NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference reset for 2/6/2023 at 12:30 PM before Magistrate Judge Anthony P. Patti. Please use the Zoom link that was emailed to counsel on 1/18/23. (LHos)
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TEXT-ONLY ORDER: Based on the suggestion made in Plaintiff's response to the motion for reconsideration (ECF No. #46 ), the motion for reconsideration (ECF No. #44 ) remains under advisement and counsel for all parties are ordered to appear on Monday, February 6, 2023 at 1:30 p.m. by Zoom for a status conference to discuss the forthcoming settlement conference. It is SO ORDERED. Status Conference set for 2/6/2023 at 01:30 PM before Magistrate Judge Anthony P. Patti. Entered by Magistrate Judge Anthony P. Patti. (LHos)
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Filing 46
RESPONSE to #44 MOTION for Reconsideration re 42 Order on Motion - Free,,,,,,, filed by MARCO BERROCAL. (Curtner, Gregory)
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Filing 45
TEXT-ONLY ORDER: Plaintiff is HEREBY ORDERED to respond to Defendants' Motion for Reconsideration (ECF No. #44 ) by January 19, 2023 at 12 o'clock p.m. to explain, in 3 pages or less, why JK Squared, LLC's managing director should not be permitted to participate in the settlement conference by remote means. Response due by 1/19/2023 at 12:00 p.m. Entered by Magistrate Judge Anthony P. Patti. (LHos)
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Filing 44
MOTION for Reconsideration re 42 Order on Motion - Free,,,,,,, by Brian Elias, Refloor LLC. (Wais, Michael)
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Filing 43
NOTICE TO APPEAR IN PERSON: Settlement Conference reset for 3/2/2023 at 01:30 PM before Magistrate Judge Anthony P. Patti in Courtroom 672. **Settlement statements are due by 02/22/23.** Please refer to Judge Patti's Settlement Conference Practice guidelines available at https://www.mied.uscourts.gov/index.cfm?pageFunction=chambers&judgeid=51 (LHos)
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Filing 42
TEXT-ONLY ORDER: Each side has requested the opportunity to have the parties appear for the upcoming settlement conference remotely, in lieu of the Court's in-person requirement. (ECF Nos. #36 & #40 ) Plaintiff alternatively requests an adjournment. The Court will require the parties and their counsel to appear in person for the settlement conference; however, it will ADJOURN it to March 2, 2023 at 1:30 p.m., the only one of the alternate dates suggested by Plaintiff on which Judge Patti is available. Accordingly, Defendant JK Squared, LLC's motion for leave to appear remotely (ECF No. #36 ) is DENIED and Plaintiff's motion for leave to appear remotely or to adjourn settlement conference is GRANTED IN PART, DENIED IN PART. (ECF No. #40 .) It is SO ORDERED. Entered by Magistrate Judge Anthony P. Patti. (LHos)
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Filing 41
RESPONSE to #36 MOTION for Leave to Appear Remotely filed by MARCO BERROCAL. (Van Benthysen, Brett)
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Filing 40
MOTION for leave to appear remotely or adjourn settlement conference by MARCO BERROCAL. (Van Benthysen, Brett)
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Filing 39
PRELIMINARY WITNESS LIST by MARCO BERROCAL (Van Benthysen, Brett)
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Filing 38
Defendants Refloor LLC and Brian Elias' Preliminary WITNESS LIST by Brian Elias, Refloor LLC (Wais, Michael)
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Filing 37
Defendant JK Squared, LLC's Preliminary WITNESS LIST by JK Squared LLC (Woodworth, Eddie)
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Filing 36
MOTION for Leave to Appear Remotely by JK Squared LLC. (Attachments: #1 Proposed Order) (Woodworth, Eddie)
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Filing 35
NOTICE TO APPEAR IN PERSON: Settlement Conference set for 2/6/2023 at 01:30 PM before Magistrate Judge Anthony P. Patti in Courtroom 672. **Settlement statements are due by 1/30/23.** Please refer to Judge Patti's Settlement Conference Practice guidelines available at https://www.mied.uscourts.gov/index.cfm?pageFunction=chambers&judgeid=51 (LHos)
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Filing 34
ORDER REFERRING OTHER MATTERS to Magistrate Judge Patti : Settlement Conference. Signed by District Judge Robert H. Cleland. (LWag)
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Filing 33
SCHEDULING ORDER: Discovery due by 6/21/2023 Dispositive Motion Cut-off set for 7/21/2023 Final Pretrial Conference set for 10/30/2023 02:00 PM before District Judge Robert H. Cleland Jury Trial set for 11/14/2023 09:00 AM before District Judge Robert H. Cleland Signed by District Judge Robert H. Cleland. (Refer to image for additional dates) (LWag)
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Minute Entry for in-person proceedings before District Judge Robert H. Cleland: Scheduling Conference held on 12/13/2022 (Court Reporter: None Present, Not on the Record) (LWag)
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Filing 32
NOTICE TO APPEAR IN PERSON: Scheduling Conference RESET for 12/13/2022 03:00 PM before District Judge Robert H. Cleland (11/23/22 Telephone Conference is CANCELLED and RESET to an IN PERSON Conference) (LWag)
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Filing 31
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Van Benthysen, Brett)
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Filing 30
NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 11/23/2022 10:00 AM before District Judge Robert H. Cleland (LWag)
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Filing 29
NOTICE of Appearance by Jonathan F. Karmo on behalf of Brian Elias, Refloor LLC. (Karmo, Jonathan)
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Filing 28
ANSWER to Counterclaim by MARCO BERROCAL. (Van Benthysen, Brett)
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Filing 27
OPINION AND ORDER granting #23 Plaintiff's Motion to Dismiss Count Four of Defendants' Amended Counterclaim. Signed by District Judge Robert H. Cleland. (LWag)
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Filing 26
REPLY to Response re #23 MOTION to Dismiss Amended Counterclaim filed by MARCO BERROCAL. (Van Benthysen, Brett)
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Filing 25
RESPONSE to #23 MOTION to Dismiss Amended Counterclaim filed by Brian Elias, Refloor LLC. (Wais, Michael)
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Filing 24
NOTICE OF IN PERSON HEARING on #23 MOTION to Dismiss Count 4 of the Amended Counterclaim. Motion Hearing set for 10/19/2022 02:00 PM before District Judge Robert H. Cleland (LWag)
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Filing 23
MOTION to Dismiss Amended Counterclaim by MARCO BERROCAL. (Attachments: #1 DECLARATION, #2 Exhibit 1 - email chain, #3 Exhibit 2 - audio file of Heigh-Ho, #4 Exhibit 3 - video file of Infringing Commercial) (Van Benthysen, Brett)
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Filing 22
STIPULATION AND ORDER WITHDRAWING #18 MOTION to Dismiss , ( Response to Amended Counterclaim due by 8/21/2022) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 21
Amended COUNTERCLAIM filed by Brian Elias, Refloor LLC against MARCO BERROCAL (Wais, Michael)
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Filing 20
RE-NOTICE OF IN PERSON HEARING on #18 MOTION to Dismiss . Motion Hearing set for 10/19/2022 02:00 PM before District Judge Robert H. Cleland (LWag)
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Filing 19
NOTICE OF IN PERSON HEARING on #18 MOTION to Dismiss . Motion Hearing set for 10/5/2022 02:00 PM before District Judge Robert H. Cleland (LWag)
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Filing 18
MOTION to Dismiss by MARCO BERROCAL. (Attachments: #1 Declaration) (Kennison, Matthew)
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Filing 17
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Refloor LLC (Wais, Michael)
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Filing 16
NOTICE of Appearance by Paul V. LiCalsi on behalf of MARCO BERROCAL. (LiCalsi, Paul)
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Filing 15
ANSWER to Amended Complaint with Affirmative Defenses by JK Squared LLC. (Woodworth, Eddie)
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Filing 14
ANSWER to Amended Complaint with Affirmative Defenses , COUNTERCLAIM filed by Refloor LLC, Brian Elias against MARCO BERROCAL by Refloor LLC, Brian Elias. (Wais, Michael)
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Filing 13
ATTORNEY APPEARANCE: Charles Wojno appearing on behalf of Brian Elias, Refloor LLC (Wojno, Charles)
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Filing 12
NOTICE of Appearance by Brett Van Benthysen on behalf of MARCO BERROCAL. (Van Benthysen, Brett)
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Filing 11
STIPULATION AND ORDER Extending Time for JK to answer, ( Response due by 6/24/2022) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 10
CERTIFICATE of Service/Summons Returned Executed. JK Squared LLC served on 5/20/2022, answer due 6/10/2022. (Curtner, Gregory)
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Filing 9
ATTORNEY APPEARANCE: Eddie D. Woodworth appearing on behalf of JK Squared LLC (Woodworth, Eddie)
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Filing 8
STIPULATION AND ORDER Extending Time for Defendants to Respond to the Amended Complaint, ( Response due by 6/24/2022) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 7
SUMMONS Issued for *JK Squared LLC* (SKra)
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REQUEST for SUMMONS for JK Squared LLC. (Curtner, Gregory)
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Filing 6
AMENDED COMPLAINT with Jury Demand filed by MARCO BERROCAL against All Defendants. NEW PARTIES ADDED. (Attachments: #1 Exhibit, #2 Exhibit, #3 Notice, #4 Proposed Summons) (Curtner, Gregory)
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Filing 5
SUMMONS Issued for *Brian Elias* (DPer)
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Filing 4
SUMMONS Issued for *JK Squared LLC* (DPer)
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Filing 3
SUMMONS Issued for *Refloor LLC* (DPer)
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Filing 2
NOTICE by MARCO BERROCAL AO121 Form (Curtner, Gregory)
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Filing 1
COMPLAINT filed by MARCO BERROCAL against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8877434 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 AO121 Form, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons) (Curtner, Gregory)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer)
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