Stokes v. Brinor, Inc.
| Michael Stokes |
| Brinor, Inc. doing business as Leather Stallion Saloon |
| 1:2022cv00973 |
| June 7, 2022 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Thomas M Parker |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Order [non-document]: The court has been advised that the parties to this matter, which is scheduled for a bench trial on 10/04/2023, have reached an agreement to settle all matters in dispute between them. Accordingly, the court VACATES the foregoing bench trial and ORDERS the parties to submit a final stipulation to dismiss all claims with prejudice not later than 10/30/2023. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 9/26/2023. (D,JJ)
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Filing 24
Civil Trial Order: Bench Trial set for 10/4/2023 at 09:00 AM in Courtroom 11B before Magistrate Judge Thomas M. Parker. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional requirements and deadlines. Magistrate Judge Thomas M. Parker on 7/28/2023. (D,JJ)
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Telephone Status Conference held on 7/26/2023. Attorney Craig Sanders participated on behalf of plaintiff; Attorney Paul Cristallo joined the conference afterwards on behalf of defendant. The parties were ordered to promptly notify the court if they would like to have this case referred to another magistrate for a settlement conference. Bench Trial set for 10/4/2023 at 09:00 AM in Courtroom 11B before Magistrate Judge Thomas M. Parker. (Court Reporter: N/A. Time: 10 minutes). (D,JJ)
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IMPORTANT Notice [non-document]: Status Conference set for 7/26/2023 at 01:30 PM to be held telephonically before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel separately. (D,JJ)
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Filing 23
Memorandum Opinion and Order on the Cross-Motions for Summary Judgment. Plaintiff Michael Stokes's motion for summary judgment (ECF Doc. #17 ) is GRANTED IN PART as to the issue of liability for unlawful display but DENIED in all other respects. Defendant Brinor, Inc.'s motion for summary judgment (ECF Doc. #18 ) is DENIED AS MOOT as to the issue of actual and profit-based damages and DENIED in all other respects. Magistrate Judge Thomas M. Parker on 7/18/2023. (D,JJ)
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Filing 22
Reply in support of #17 Motion for summary judgment filed by Michael Stokes. (Sanders, Craig)
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Filing 21
Opposition to #17 Motion for summary judgment filed by Brinor, Inc.. (Cristallo, Paul)
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Filing 20
Opposition to #18 Motion for summary judgment filed by Michael Stokes. (Sanders, Craig)
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Filing 19
Motion for leave to File Motion for Summary Judgment Late Based on Technical Difficulties filed by Defendant Brinor, Inc. Related document(s) #18 . (Cristallo, Paul)
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Filing 18
Motion for summary judgment filed by Defendant Brinor, Inc.. (Attachments: #1 Brief in Support, #2 Affidavit Exhibit A - Myers Jr., Declaration, #3 Affidavit Exhibit B - Dominguez Declaration)(Cristallo, Paul)
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Order [non-document]: Because the electronic filing of a motion for summary judgement late in the evening is not one of those instance when a two hour delay "could make a world of difference," Defendant Brinor, Inc.'s motion for leave to file its summary judgment late (ECF Doc. #19 ) is GRANTED. See Whitworth v. Mezrano, No. 2:20-CV-00756, ECF Doc. 140 (N.D. Ala. Jan. 13, 2023). Magistrate Judge Thomas M. Parker on 3/21/2023. (D,JJ)
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Filing 17
Motion for summary judgment filed by Plaintiff Michael Stokes. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment, #2 Supplement Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment, #3 Supplement Declaration of Michael Stokes in Support of Plaintiff's Motion for Summary Judgment, #4 Exhibit 1 to Declaration of Michael Stokes, #5 Exhibit 2 to Declaration of Michael Stokes, #6 Supplement Declaration of Craig Sanders in Support of Plaintiff's Motion for Summary Judgment, #7 Exhibit 1 to Declaration of Craig Sanders, #8 Exhibit 2 to Declaration of Craig Sanders)(Sanders, Craig)
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Filing 16
Motion for extension of time until March 20, 2023 to File a Dispositive Motion filed by Defendant Brinor, Inc.. (Cristallo, Paul)
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Order [non-document]: Defendant Brinor, Inc.'s motion for an extension of the dispositive motion deadline until March 20, 2023 (ECF Doc. #16 ) is GRANTED. The parties will have an additional seven days to file their dispositive motions, should they so choose. Magistrate Judge Thomas M. Parker on 3/8/2023. (D,JJ)
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Filing 15
Unopposed Motion for 45 day extension of litigation deadlines filed by Defendant Brinor, Inc.. (Cristallo, Paul)
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Order [non-document]: Defendant Brinor, Inc.'s unopposed motion for a 45-day extension of litigation deadlines (ECF Doc. #15 ) is GRANTED in part. In an effort to efficiently and effectively use the court's and counsels' resources in resolving the matter, the court will grant the parties an additional 15 days, resulting in a 60-day extension of the deadlines. Accordingly, the court will impose the following extended deadlines. The deadline for fact discovery is February 10, 2023. The deadline for dispositive motions is March 13, 2023. The deadline for filing responses to dispositive motions is April 14, 2023. The deadline for mediation is no later than May 12, 2023. Magistrate Judge Thomas M. Parker on 12/12/2022. (D,JJ)
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Filing 14
Attorney Appearance by Craig B. Sanders filed by on behalf of Michael Stokes. (Sanders, Craig)
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Filing 13
Case Management Conference Plan/Order. Case is assigned to the standard track. The final pre-trial and trial will be set for a later date. See Order for complete requirements and deadlines. Magistrate Judge Thomas M. Parker on 9/13/2022. (D,JJ)
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Case Management Conference held via telephone on 9/12/2022. Attorney Douglas H. Sanders appeared on behalf of plaintiff Michael Stokes. Attorney Paul J. Cristallo appeared on behalf of defendant Brinor, Inc. The court discussed the informal discovery and settlement efforts by the parties thus far. In consultation with the parties, the court established a case management schedule, which is reflected in the court's separately filed order. The court encourages the parties to try to resolve the case informally within the next 30 days. Should the parties wish to have the court arrange an earlier mediation than that indicated in the Case Management Order, the parties may contact Chambers. (Court Reporter: N/A. Time: 35 minutes). (D,JJ)
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Filing 12
Case Management Conference Scheduling Order: Plaintiff Michael Stokes's unopposed motion to attend the case management conference by telephone (ECF Doc. #9 ) is GRANTED. The case management conference will be held telephonically on 09/12/2022 at 03:00 PM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel of record. As the parties have already filed a report of their planning meeting, no additional joint statement shall be required for this conference. Magistrate Judge Thomas M. Parker on 9/6/2022. (Attachments: #1 Attachment A - Preliminary Estimate/Budget). (D,JJ)
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Filing 11
Consent of the parties to this case being transferred to the docket of Magistrate Judge Thomas M. Parker for further proceedings. Judge J. Philip Calabrese on 9/6/2022. (R,AP)
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Magistrate Judge Thomas M. Parker assigned to case pursuant to consent. Judge J. Philip Calabrese terminated. Related document(s) #11 . (L,MI)
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IMPORTANT: Notice [non-document]: The Case Management Conference to be held on 9/12/2022 at 3:00 p.m. is cancelled. (R,AP)
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Filing 10
Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by Michael Stokes. Related document(s) #5 .(Sanders, Douglas)
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Filing 9
Unopposed Motion to attend Case Management Conference by telephone filed by Plaintiff Michael Stokes. Related document(s) #5 . (Sanders, Douglas)
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Filing 8
Corporate Disclosure Statement filed by Brinor, Inc.. (Cristallo, Paul)
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Notice by Clerk that Brinor, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,Br)
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Filing 7
Answer to #1 Complaint, with Jury Demand filed by Brinor, Inc.. (Cristallo, Paul)
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Order [non-document]: The Court GRANTS Defendant's motion for an extension to August 3, 2022 to answer, move, or otherwise plead in response to Plaintiffs complaint. Judge J. Philip Calabrese on 7/15/2022. (Y,A)
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Filing 6
Motion for leave to Plead, Move, or Otherwise Respond to Plaintiff's Complaint filed by Defendant Brinor, Inc.. Related document(s) #1 . (Attachments: #1 Affidavit of Paul J. Cristallo)(Cristallo, Paul)
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Filing 5
Case Management Conference Scheduling Order with case management conference to be held on 9/12/2022 at 3:00 p.m. Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 6/15/2022. (Attachments: #1 Rule 26 Report of Parties)(Y,A)
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Filing 4
Return of Service by personal service executed upon Brinor, Inc. on 6/13/2022, filed on behalf of Michael Stokes (Sanders, Douglas)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Brinor, Inc. (Attachments: #1 Magistrate Consent Form). (L,MI)
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Filing 2
Report on the Filing of an Action Regarding a Copyright (AO121) filed by Michael Stokes. (Sanders, Douglas)
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Filing 1
Complaint with jury demand against Brinor, Inc. Filing fee paid $ 402, Receipt number AOHNDC-11457512. Filed by Michael Stokes. (Attachments: #1 Exhibit 1 - Original Photograph, #2 Exhibit 2 - Infringing Use of the Photograph, #3 Civil Cover Sheet, #4 Summons). (Sanders, Douglas)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (L,MI)
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Judge J. Philip Calabrese assigned to case. (L,MI)
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| Plaintiff: Michael Stokes | |
| Represented By: | Douglas H. Sanders |
| Represented By: | Craig B. Sanders |
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| Defendant: Brinor, Inc. doing business as Leather Stallion Saloon | |
| Represented By: | Paul J. Cristallo |
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