United States District Court, E.D. Michigan, Southern Division
OPINION & ORDER DENYING DEFENDANT BERNINI'S
MOTION TO DISMISS
F. Cox United States District Court Judge
SKG International, Inc. (“International”) filed
this action against Defendants SKG Italia, S.p.A.
(“Italia”) and Michele Bernini
(“Bernini”) on December 30, 2016. International
asserts several claims against Italia and asserts one claim
against Bernini. In the pending Motion to Dismiss, Bernini
asks the Court to dismiss the claim against him for lack of
personal jurisdiction. The Court finds that the issues have
been adequately presented in the parties' briefs and that
oral argument would not significantly aid the decisional
process. See Local Rule 7.1(f)(2), U.S. District
Court, Eastern District of Michigan. The Court therefore
orders that the motion will be decided upon the briefs. For
the reasons set forth below, the Court shall DENY the motion
because Bernini's Counsel filed a general appearance in
this action and, under binding Sixth Circuit precedent, that
constitutes a waiver of personal jurisdiction.
International filed this action against Defendants Italia and
Bernini on December 30, 2016. International asserts several
claims against Italia and asserts just one claim against
Bernini, “Count IV - Breach of Fiduciary Duty.”
On December 30, 2016, International also filed: 1) a Motion
for Temporary Restraining Order and Preliminary Injunction;
and 2) an Ex Parte Motion for Order Granting Expedited
Hearing on that motion.
January 3, 2017, acting through counsel, Defendants Italia
and Bernini filed a Brief in Opposition to
International's Motion for Expedited Hearing, without
raising a personal jurisdiction defense. (D.E. No. 7).
January 4, 2017, this Court issued a Notice to Appear for a
Status Conference on January 9, 2017, and ordered that
“Michele Bernini must attend this conference.” On
January 5, 2017, attorney Robert Hertzberg entered a general
appearance on behalf of both Italia and Bernini:
TO: CLERK OF THE COURT COUNSEL OF RECORD
PLEASE TAKE NOTICE that Robert S. Hertzberg of Pepper
Hamilton LLP hereby enters his appearance on behalf of the
defendants SKG Italia, S.p.A. and Michele Bernini in the
above captioned case.
(D.E. No. 12).
Counsel for Defendants contacted the Court and made the
request, this Court issued a text-only order on January 5,
2017, indicating that Bernini could appear for the January
9thStatus Conference via telephone, which he did on January
Court ultimately denied International's Motion for a
Preliminary Injunction in an Opinion & Order issued on
January 31, 2017.
March 2, 2017, Bernini filed the instant Motion to Dismiss,
which is based on personal jurisdiction.
Motion to Dismiss, Bernini asks the Court to dismiss the sole
count asserted against him in this action for ...