United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANTS' MOTION TO CANCEL LIS
PENDENS [#18], GRANTING DEFENDANTS' MOTION FOR LEAVE TO
FILE COUNTER COMPLAINT [#19] AND IMPOSING SANCTIONS
GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE.
filed the instant action on April 4, 2017 alleging that
Defendants have violated the Copyright Act, 17 U.S.C. §
501 et seq., by copying Plaintiff's copyrighted
materials, including architectural plans, building plans, and
brochures and used these materials to build their own home in
Rochester Hills, Michigan. Plaintiff filed a First Amended
Complaint on June 8, 2017.
before the Court are the following motions: (1)
Defendants' Motion to Cancel the Notice of Lis Pendens
and Sanctions, filed on September 19, 2017; and (2)
Defendants' Motion to Add a Counterclaim, also filed on
September 19, 2017. These matters are fully briefed and the
Court concludes that oral argument will not aid in the
disposition of these matters. Accordingly, the Court will
resolve the present motions on the briefs. See E.D.
Mich. L.R. 7.1(f)(2). For the reasons that follow, it the
Court will grant both of Defendants' motions.
is one of Southeast Michigan's largest custom home
builder companies. Plaintiff advertises its services and
maintains its website at
http://cranbrookcustomhomes.com. Plaintiff has built
many different homes as part of its Meadowbrook Series of
homes. One of the premier homes designed and built by
Plaintiff is called the Esperance model home.
has secured copyright protection and is the owner of the
following items that are covered by United States copyright
registrations: (1) Esperance Brochure; (2) Esperance Blue
Prints; and (3) Esperance Building design.
became aware of a home being built in Rochester Hills,
Michigan (the “Infringing Home”). Plaintiff
obtained documents filed with the City of Rochester Hills as
part of the home building process. Plaintiff learned that
Defendants, Waeil and Abigail Fandakly, are the homeowners of
the Infringing Home and Defendant Blake Elderkin is the
architect for the Infringing Home. Plaintiff has also
obtained the building plans for the Infringing Home and
alleges that they are copies of Plaintiff's Esperance
Building Design, Esperance Brochure and Esperance Blue
initiated this action seeking damages and injunctive relief.
In connection with the filing of the Complaint, Plaintiff
filed a Notice of Lis Pendens. The Notice states in relevant
PLEASE TAKE NOTICE that there is currently pending in the
United States District Court, Eastern District of Michigan,
Southern Division, a Complaint filed by Plaintiff Cranbrook
Custom Homes, LLC, involving real property located at 1768
Piccadilly Court, Rochester Hills, Michigan 48309, and more
fully described as:
Land situated in Rochester Hills, Oakland County, Michigan,
T3N, R11E, SEC 19 BUTLER RIDGE NO 2 LOT126 12-12-04 FR
Parcel Identification No. 70-15-19-377-027
Common Address: 1768 Piccadilly Court, Rochester Hills,