Court filing

MOTION PLAINTIFFS MOTION TO HOLD DEFENDANTS IN CONTEMPT OF COURT AND FOR AWARD OF… — Blueacorn Beringer (Dkt. 15)

No. 5:21-cv-00251-BO · Doc. 15 · Docket on CourtListener

Summary

Plaintiff Beringer Commerce, Inc. d/b/a Blue Acorn iCi's motion to hold defendants in contempt of court and for an award of damages, costs and fees, filed June 16, 2021 as Document 15 in No. 5:21-cv-00251-BO in the U.S. District Court for the Eastern District of North Carolina. The motion is directed at Fin Cap, Inc. d/b/a Blueacorn.co, Blue Acorn PPP, LLC, Blue Oak Forest, LLC, Michael S. Cota, Jimmy Flores, Stephanie Hockridge Reis and Nathan Reis. It states that the plaintiff filed its Verified Complaint on June 10, 2021 and that the court entered a Temporary Restraining Order on June 11, 2021, which the plaintiff says the defendants have failed to comply with in most material respects. It asks for a contempt order, an order compelling compliance, damages in an amount to be determined, and costs including attorneys' fees.

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Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:21-CV-251-BO

BERINGER COMMERCE, INC. d/b/a
BLUE ACORN iCi,

Plaintiff,

v.
PLAINTIFF’S MOTION TO HOLD
DEFENDANTS IN CONTEMPT OF
FIN CAP, INC. d/b/a “BLUEACORN.CO,”
COURT AND FOR AWARD OF
BLUE ACORN PPP, LLC, BLUE OAK
DAMAGES, COSTS, AND FEES
FOREST, LLC, MICHAEL S. COTA,
JIMMY FLORES, STEPHANIE
HOCKRIDGE REIS, and NATHAN REIS,

Defendants.

NOW COMES Plaintiff BERINGER COMMERCE, INC. d/b/a BLUE ACORN iCi (“Blue

Acorn iCi” or “Plaintiff”), by and through undersigned counsel, and submits this Motion to Hold

Defendants in Contempt of Court and for Award of Damages, Costs, and Fees (“Plaintiff’s

Contempt Motion”) against Defendants FIN CAP, INC. d/b/a “BLUEACORN.CO,” BLUE

ACORN PPP, LLC, BLUE OAK FOREST, LLC, MICHAEL S. COTA, JIMMY FLORES,

STEPHANIE HOCKRIDGE REIS and NATHAN REIS (collectively “Defendants”). In support

of Plaintiff’s Contempt Motion, Plaintiff states as follows:

On June 10, 2021, Plaintiff filed its Verified Complaint (“Compl.”) [DE-1], seeking

relief for trademark infringement, copyright infringement, cybersquatting, unfair competition, and

unfair and deceptive trade practices based on Defendants’ operation of an infringing “Blue Acorn

PPP” business. This business purports to assist small businesses and contractors in obtaining loans

through the federal Paycheck Protection Program (“PPP”) using marks that blatantly infringe upon

Case 5:21-cv-00251-BO Document 15 Filed 06/16/21 Page 1 of 5
Plaintiff’s superior and exclusive rights to the “blue acorn” name and associated intellectual

property.

On June 10, 2021, Plaintiff also sought a Temporary Restraining Order and Preliminary

Injunctive Relief. [DE-8.]

On June 11, 2021, this Court entered a Temporary Restraining Order, ordering Defendants

to cease their infringing activities with respect to Plaintiff’s intellectual property and to take certain

remedial actions [DE-14] (“TRO Order”). To date, despite knowledge of the TRO Order,

Defendants have failed to comply with the TRO Order in most material respects. Further,

Defendants have failed to cure their violations of the Court’s TRO Order despite notice and an

opportunity to do so.

Accordingly, Plaintiff now respectfully seeks the following relief from the Court:

i. An Order holding Defendants in contempt of Court based on their violations of this
Court’s TRO Order entered on June 11, 2021 [DE-14] and failure to cure such
violations, despite adequate notice and ample opportunity to cure;

ii. An Order compelling Defendants to fully and strictly comply with this Court’s June
11, 2021 Order by Friday, June 16, 2021 based on the record before the Court and
the certification of undersigned counsel pursuant to this Motion of all efforts made
by Plaintiff to obtain Defendants’ compliance with the Court’s Order and state and
federal law, as well as the specific reasons why immediate relief is needed without
a further hearing;

iii. An Order of damages in an amount to be determined by this Court after an
opportunity to be heard regarding the same;

iv. An Order awarding Plaintiff all costs associated with the investigation, filing, and
prosecution of this Motion, including attorneys’ fees, to be provided by the
undersigned through an affidavit; and

v. Any other relief this Court deems just and proper.

Case 5:21-cv-00251-BO Document 15 Filed 06/16/21 Page 2 of 5
Further support for Plaintiff’s Contempt Motion is set forth in the accompanying

Memorandum and accompanying exhibits contemporaneously filed and incorporated in this

Motion by reference.

Respectfully submitted, this the 16th day of June, 2021

/s/ Beth A. Stanfield
Beth A. Stanfield (N.C. State Bar No. 36296)
Thomas Babel (N.C. State Bar No. 35004)
Laura K. Greene (N.C. State Bar No. 47771)
FORREST FIRM, P.C.
105 Grace Street, Suite 101
Wilmington, NC 28401
T/F: (336) 275 - 6344
Beth.stanfield@forrestfirm.com
Thomas.Babel@forrestfirm.com
katie.greene@forrestfirm.com

Attorneys for Plaintiff

Case 5:21-cv-00251-BO Document 15 Filed 06/16/21 Page 3 of 5
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the foregoing PLAINTIFF’S
MOTION TO HOLD DEFENDANTS IN CONTEMPT OF COURT AND FOR AWARD
OF DAMAGES, COSTS, AND FEES has been filed with the Clerk for the United States District
Court, Eastern District of North Carolina, using the electronic filing system of the Court and that
the foregoing was served upon the following persons as follow:
 By placing a copy, contained in a first-class, postage paid wrapper, into a depository
under the exclusive custody of the United States Postage Service, addressed to the
parties as indicated below:

Michael S. Cota James M. Flores
2138 S. Valle Verde Cir 7833 E. Harvard Street
Mesa, AZ 85209 Scottsdale, AZ 85257

Stephanie Hockridge Reis Nathan Reis
4747 N. Scottsdale Road, Unit C 4747 N. Scottsdale Road, Unit C
Scottsdale, AZ 85251 Scottsdale, AZ 85251

For the Corporate Defendants:

Blue Oak Forest, LLC Blue Acorn PPP, LLC
c/o Delaware Registered Agents & c/o Radix Law, PLC, Registered Agent
Incorporators, LLC 15205 N. Kierland Blvd, Ste 200,
19 Kris Court Scottsdale, AZ 85254
Newark, DE 19702

Fin Cap, Inc. d/b/a "Blueacorn.co"
c/o Legalinc Corporate Services Inc.
5830 E 2nd St Ste 8
Casper, WY 82609

 By placing a copy, contained in a first-class, postage paid wrapper, into a depository
under the exclusive custody of the United States Postage Service, and electronically
mailing as addressed to the parties as indicated below:

Michael B. Dvoren Jeff Meyerson
Jaburg Wilk Radix Law, PLC,
3200 N. Central Avenue 15205 N. Kierland Blvd, Ste 200,
Suite 2000 Scottsdale, AZ 85254
Phoenix, AZ 85012 Meyerson@radixlaw.com
mbd@jaburgwilk.com

Case 5:21-cv-00251-BO Document 15 Filed 06/16/21 Page 4 of 5
John McElwaine Christopher J. Blake
Nelson Mullins Nelson Mullins
Liberty Center GlenLake One
151 Meeting Street 4140 Parklake Avenue
Suite 600 Suite 200
Charleston, SC 29401 Raleigh, NC 27612
john.mcelwaine@nelsonmullins.com chris.blake@nelsonmullins.com

This the 16th day of June, 2021.
/s/ Beth A. Stanfield
Beth A Stanfield
Thomas Babel
Laura K. Greene

Attorneys for Plaintiff

Case 5:21-cv-00251-BO Document 15 Filed 06/16/21 Page 5 of 5

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