SEAN F. COX, District Judge.
Plaintiff 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.
Plaintiff 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.
On 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).
On 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:
(D.E. No. 12).
After 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 9
The Court ultimately denied International's Motion for a Preliminary Injunction in an Opinion & Order issued on January 31, 2017.
On March 2, 2017, Bernini filed the instant Motion to Dismiss, which is based on personal jurisdiction.
In his Motion to Dismiss, Bernini asks the Court to dismiss the sole count asserted against him in this action for lack of personal jurisdiction over him.
International asks the Court to deny that motion, arguing: 1) that Bernini waived personal jurisdiction when his counsel filed a general appearance in this action on January 5, 2017; 2) that Bernini also waived personal jurisdiction by voluntarily and actively participating in the case; and 3) that personal jurisdiction could be exercised over Bernini in any event.
This Court recently addressed the first argument raised by International in FCA US, LLC v. Spitzer Autoworld Akron, LLC, 2017 WL 512790 (E.D. Mich. 2017), wherein this Court held that Defendant Spitzer waived personal jurisdiction when its attorneys entered general appearances in that action. In FCA US, LLC, this Court explained:
Id. at *9.
As was the case in Gerber, M&C Corp., and FCA US, LLC, Bernini's counsel entered a general appearance on behalf of Bernini on January 5, 2017. Accordingly, under existing Sixth Circuit precedent, Bernini waived personal jurisdiction. Gerber, supra; M&C Corp., supra; FCA US LLC, supra; see also Leadford v. Bull Moose Tube Co., 2016 WL 1022965 at *2 (E.D. Mich., J. Ludington 2016) (ruling that Defendant waived personal jurisdiction under "bright-line waiver rule" set forth in Gerber); Kenyon v. Clare, 2016 WL 6995661 (M.D. Tenn. 2016) (same).
Accordingly, the Court shall deny Defendant Bernini's motion because he waived personal jurisdiction under the bright-line waiver rule set forth in Gerber, and confirmed by the Sixth Circuit in M&C Corp. As such, the Court need not address International's additional or alternative arguments in opposition to the pending motion.
For the reasons set forth above, IT IS ORDERED that Defendant Bernini's Motion to Dismiss is DENIED.
IT IS SO ORDERED.