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Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 1 of 17 PageID 1
`
`UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`
`:
`
`:
`
`:
`: Civil Action No. ____________
`:
`
`:
`JURY TRIAL DEMANDED
`:
`INJUNCTIVE RELIEF SOUGHT
`:
`:
`:
`:
`:
`:
`:
`
`
`
`
`
`
`
`
`
`
`CALEB PROCHNOW,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`MERCEDES MEDICAL, LLC,
`
`Defendant.
`
`
`CALEB PROCHNOW’S COMPLAINT
`FOR COPRYIGHT INFRINGEMENT, BREACH OF CONTRACT, AND
`UNJUST ENRICHMENT AGAINST MERCEDES MEDICAL, LLC AND
`DEMAND FOR JURY TRIAL
`
`
`
`
`
`Plaintiff Caleb Prochnow (“Mr. Prochnow”), by and through his attorneys,
`
`alleges the following against defendant Mercedes Medical, LLC (“Mercedes” or
`
`“Defendant”):
`
`NATURE OF THE ACTION
`
`1.
`
`This action arises from Defendant Mercedes’ willful, deliberate, and
`
`repeated infringement of Mr. Prochnow’s copyrights for original and creative
`
`works; Defendant Mercedes’ breach of its contract with Mr. Prochnow; and
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 2 of 17 PageID 2
`
`Defendant Mercedes’ unjust enrichment through the use of Mr. Prochnow’s works
`
`and derivatives thereof.
`
`2.
`
`Caleb Prochnow is an artist and instructor at the Ringling College of
`
`Art and Design, based in Sarasota, Florida. Mr. Prochnow’s original, pictorial
`
`illustrations have been purchased by a variety of corporations for use in advertising
`
`and marketing around the world.
`
`3.
`
`In 2005, Mr. Prochnow created original pictorial illustrations of a
`
`cartoon hippopotamus who is now immediately recognizable and referred to by
`
`Mercedes as “Henry the Histo-Potamus” (“Henry”). Mercedes received limited
`
`ownership rights from Mr. Prochnow to use thirteen original illustrations of Henry
`
`in free, promotional calendars. No rights in the copyright were granted to
`
`Mercedes, nor were derivative rights provided to Mercedes.
`
`4.
`
`For the next four years, Mr. Prochnow was asked by Mercedes to
`
`provide, and Mr. Prochnow provided, illustrations to Mercedes for use by
`
`Mercedes exclusively in annual free calendars. Each year the nominal price paid by
`
`Mercedes was less than published rates for limited-use calendar illustrations and
`
`confirmed that Mercedes’s right to use the works was limited to free, promotional
`
`calendar illustrations. At no time did Mr. Prochnow grant or license copyright or
`
`derivative rights in any of his works of authorship to Mercedes.
`
`
`
`2
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 3 of 17 PageID 3
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`5.
`
`In 2010, Mr. Prochnow received an offer from Mercedes to expand
`
`the use of Mr. Prochnow’s Henry images and in return pay Mr. Prochnow quarterly
`
`an eight percent (8%) royalty on sales of products sold in conjunction with the use
`
`of Mr. Prochnow’s Henry illustrations. The offer was accepted by Mr. Prochnow
`
`on at least March 26, 2010.
`
`6.
`
`Soon thereafter, communications from Mercedes ceased, no royalty
`
`payments were sent to Mr. Prochnow, and Mr. Prochnow’s contact at Mercedes
`
`left. Mr. Prochnow assumed that Mercedes had chosen not to use his illustrations
`
`with the sale of Mercedes products. Indeed, Mr. Prochnow believed that Mercedes
`
`had stopped using images of Henry entirely because they did not contact him for
`
`additional calendars or additional Henry illustrations.
`
`7.
`
`In late 2015, Mr. Prochnow learned that Mercedes had and continues
`
`to use Mr. Prochnow’s Henry illustrations and derivatives thereof directly with the
`
`sale of Mercedes products, including through sale of products on Mercedes’
`
`website, and on product packaging, catalogs, and other advertising materials
`
`relating directly to the sale of Mercedes’ histology-related products.
`
`8.
`
`Despite being explicitly informed of Mr. Prochnow’s rights of
`
`authorship and copyrights in the original, pictorial illustrations, Mercedes’
`
`unauthorized use of the illustrations without remuneration to Mr. Prochnow
`
`continues unabated. Such actions by Mercedes constitute willful copyright
`
`
`
`3
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 4 of 17 PageID 4
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`infringement, a breach of the parties’ 2010 agreement, and unjust enrichment by
`
`Mercedes at the expense of Mr. Prochnow’s efforts and work.
`
`9.
`
`Attempts by Plaintiff to reach an amicable and mutually acceptable
`
`resolution without the need for litigation have been rebuffed by Defendant, leaving
`
`Mr. Prochnow with no choice but to institute the current action.
`
`JURISDICTION AND VENUE
`
`10.
`
`Jurisdiction of this Court is invoked at least under 28 U.S.C. §1338(a)
`
`pursuant to the Copyright Act of 1976, 17 U.S.C. §101 et seq.
`
`11. Venue is proper in this district pursuant to 28 U.S.C. §1391(b) and (c)
`
`and 28 U.S.C. §1400(a).
`
`THE PARTIES
`
`12. Plaintiff Caleb Prochnow is an individual and resident of Manatee
`
`County.
`
`13. Mr. Prochnow is an illustration instructor at Ringling College and has
`
`expertise as an artist creating content for use in products, advertising, and
`
`marketing for a variety of corporations around the world.
`
`14.
`
` On information and belief, Defendant Mercedes Medical, LLC is a
`
`company organized under the laws of Florida, with its principal place of business
`
`in Sarasota County located at 7590 Commerce Court, Sarasota, FL 34243, and also
`
`maintains an office at 7590 Commerce Court, Sarasota, FL 34243.
`
`
`
`4
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 5 of 17 PageID 5
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`15.
`
` Defendant Mercedes is a national medical distribution company and
`
`sells over 20,000 medical products from over 1,000 manufacturers.
`
`FACTUAL ALLEGATIONS RELEVANT TO ALL COUNTS
`
`16.
`
` Starting in 2005, Mr. Prochnow was asked by Defendant Mercedes to
`
`prepare artwork relating to a vaguely described cartoon hippopotamus, a character
`
`Mercedes wished to use in free, promotional calendars.
`
`17. On information and belief, prior to this time Mercedes’ Henry
`
`character was relegated to plush animal toys; a hippo outfit used at Histology
`
`events; and a flat, two-dimensional generic hippopotamus. A picture of the two-
`
`dimensional depiction of a hippopotamus provided to Mr. Prochnow in 2005 is
`
`attached as Exhibit 1.
`
`18. Mr. Prochnow, utilizing his training and skill as an artist, agreed to
`
`create his own expression of a hippopotamus for Mercedes to use in free,
`
`promotional calendars. Mr. Prochnow proceeded to bring Henry to life, as he is
`
`known today, in October of 2005.
`
`19. As shown in Exhibit 2, Mr. Prochnow’s work is conspicuously
`
`recognizable as a mischievous, smart, and sometimes athletic hippopotamus having
`
`large round eyes, defined ears and nostrils, and other original expressions of
`
`authorship created by Mr. Prochnow.
`
`
`
`5
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 6 of 17 PageID 6
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`20.
`
` Mr. Prochnow agreed to provide thirteen further illustrations
`
`exclusively for use by Mercedes in its 2006 promotional calendar. The
`
`engagement, an unsigned copy of which is attached as Exhibit 3, was limited to
`
`Mr. Prochnow’s preparation of the thirteen representations of Henry for use in the
`
`upcoming calendar, for which Mr. Prochnow was paid a nominal amount of
`
`$1,350, an amount much less than is typical for the license of limited-use calendar
`
`illustrations.
`
`21. While the agreement in Exhibit 3 set out that Mercedes would have
`
`“ownership to reuse [the] images in future marketing of the company,” Mr.
`
`Prochnow retained certain exclusive rights in the work, including copyrights
`
`precluding Mercedes’ use of the work outside the scope of the 2006 free calendars.
`
`This was the only written agreement entered into by Mr. Prochnow prior to the
`
`2010 royalty agreement outlined herein.
`
`22. At the end of 2005, Mr. Prochnow proceeded to author the thirteen
`
`original pictorial works for the calendar, each such work consisting of Mr.
`
`Prochnow’s original expression of Henry.
`
` Representative works of Mr.
`
`Prochnow’s prepared for and included in the 2006 calendar are attached as Exhibit
`
`4.
`
`23.
`
` For the next four years, until 2010, Mercedes continued to ask Mr.
`
`Prochnow to create original pictorial works for its free, promotional calendars.
`
`
`
`6
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 7 of 17 PageID 7
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`While Mr. Prochnow was paid a nominal fee during each of these years for
`
`allowing Mercedes the right to use his copyrighted works in Mercedes’ free
`
`calendars, Mr. Prochnow entered into no written agreements relating to the post-
`
`2006 works, nor did he provide any assignment of his exclusive rights in the works
`
`to Mercedes.
`
`24. As part of the 2006 discussions regarding the payment from Mercedes
`
`for the 2007 calendar illustrations, Mr. Prochnow provided Sara McKee
`
`(Marketing Manager of Mercedes at that time) with a copy of the calendar pricing
`
`page from the eleventh edition of the Graphic Artist Guilds Pricing and Ethical
`
`Guidelines book as shown in Exhibit 5. The parties ultimately agreed on a rate that
`
`confirmed the limited nature of Mercedes use of the images provided by Mr.
`
`Prochnow.
`
`25.
`
` In 2010, Ms. McKee, in her capacity as the Marketing Manager of
`
`Mercedes, acknowledged the prior limited use of Mr. Prochnow’s works only for
`
`“free” Mercedes promotional materials and inquired about expanding Mercedes’
`
`use of Mr. Prochnow’s Henry illustrations to items for sale in “[Mercedes’] new
`
`catalog.” This inquiry is reflected in the e-mail at Exhibit 6.
`
`26. On March 19, 2010, a written offer was sent to Mr. Prochnow via
`
`electronic mail from Ms. McKee in which Mercedes offered to pay Mr. Prochnow
`
`
`
`7
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 8 of 17 PageID 8
`
`quarterly an eight percent (8%) royalty on sales of products sold using Henry’s
`
`image. A copy of this offer is attached as Exhibit 7.
`
`27.
`
` Mr. Prochnow accepted
`
`the offer and asked for a formal
`
`memorialization of the agreement at least by March 26, 2010, as evidenced by
`
`Exhibit 8.
`
`28.
`
` Sometime after Mr. Prochnow agreed that Mercedes could use his
`
`works directly to sell Mercedes’ products (with payment), Ms. McKee left the
`
`employ of Mercedes. Mr. Prochnow received no quarterly royalty payments,
`
`leaving him to assume that Mercedes had chosen not to use his illustrations in
`
`conjunction with the sale of its products.
`
`29.
`
` In September 2015, however, it was brought to Mr. Prochnow’s
`
`attention that his works of authorship of Henry, which he believed to have been
`
`long forgotten about at Mercedes, had actually been used, including derivatives
`
`thereof, since 2010 in increasing frequency to specifically promote the sale of
`
`Mercedes’ products.
`
`30. This use of Mr. Prochnow’s works since 2010 has been without Mr.
`
`Prochnow’s permission and/or payment of the agreed-upon quarterly royalty
`
`payments. In addition, Mercedes has continued to create calendars with additional
`
`Henry illustrations without Mr. Prochnow’s involvement and without any
`
`remuneration to Mr. Prochnow.
`
`
`
`8
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 9 of 17 PageID 9
`
`31.
`
` The full extent of Mercedes’ unauthorized use of Mr. Prochnow’s
`
`works is unknown. However, Mercedes’ use of Henry to sell its products is
`
`widespread. By way of example, an original illustration authored by Mr. Prochnow
`
`in 2005 is included on the “About Us” page of Mercedes’ website, next to an
`
`express statement that Henry “has been the fun face of Histology at Mercedes
`
`Medical for close to 10 years,” during which time he has helped to “to sell and
`
`promote [Mercedes’] products” by being featured on “calendars, catalogs, mugs,
`
`and private-labeled products.” A copy of this website statement is shown in
`
`Exhibit 9.
`
`32. Further, on information and belief, a 2006 pictorial work of Mr.
`
`Prochnow’s is being used without authority and/or remuneration directly on the
`
`product labeling of Mercedes’ Freezespray products as shown in Exhibit 10. And
`
`notwithstanding the use of the images directly on product packaging, Mercedes
`
`expressly tied the sale of its commercial products to the identity of Mr. Prochnow’s
`
`Henry illustrations, applying – without Mr. Prochnow’s knowledge – in July 2008
`
`for a federal trademark registration containing one of Mr. Prochnow’s illustrations
`
`as shown in Exhibit 11.
`
`33. Accordingly, Mr. Prochnow’s works have been displayed, altered, and
`
`published without remuneration to Mr. Prochnow. These illustrations by Mr.
`
`Prochnow are original and creative works of authorship with copyrights therein
`
`
`
`9
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 10 of 17 PageID 10
`
`vested in Mr. Prochnow. The works are protected under United States’ copyright
`
`law.
`
`34.
`
`In addition to the above, despite Mr. Prochnow’s exclusive rights in
`
`his works, on information and belief, Mercedes has digitally altered Mr.
`
`Prochnow’s original artwork into pieces and re-arranged these pieces into new and
`
`unauthorized derivative works. In the process, Mercedes has adulterated and
`
`resized Mr. Prochnow’s illustrations using elements from other artists and/or
`
`photographs. Examples of these re-purposed images are shown in Exhibit 12.
`
`Mercedes’ continued manipulation of Mr. Prochnow’s artwork has destroyed the
`
`integrity of the original art and caused irreparable harm to Mr. Prochnow’s
`
`reputation as an artist, whose success and reputation is based on the quality and
`
`integrity of his artistic craftsmanship
`
`35. On information and belief, Mercedes has hired other artists to create
`
`derivative works based on Mr. Prochnow’s illustrations.
`
` Mr. Prochnow
`
`accordingly has lost wages and/or royalties based on the unauthorized use of Mr.
`
`Prochnow’s original illustrations to create unauthorized derivative works to the
`
`benefit of Mercedes and without compensation to Mr. Prochnow.
`
`36. On
`
`learning of Defendant’s unauthorized use of his Henry
`
`illustrations, Mr. Prochnow contacted Mercedes in May 2016 and requested that
`
`Mercedes identify and remit proper remuneration for the sale of Mercedes products
`
`
`
`10
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 11 of 17 PageID 11
`
`covered by the 2010 agreement. Mr. Prochnow further filed applications for
`
`federal registrations on certain of the works, which applications remain pending.
`
`37. Defendant refused discussions and continues to display the Henry
`
`images and derivatives thereof in violation of Mr. Prochnow’s exclusive rights,
`
`leaving Mr. Prochnow with no choice but to institute the current action.
`
`COUNT I
`
`COPYRIGHT INFRINGEMENT
`
`38. Mr. Prochnow incorporates the proceeding allegations 1-37 as though
`
`fully set forth herein.
`
`39. Mr. Prochnow’s illustrations of Henry provided to Mercedes for
`
`Mercedes’ limited use embody copyrightable expression and subject matter under
`
`the copyright laws of the United States (herein “the Copyrighted Works”).
`
`40. Mr. Prochnow is the owner of certain rights, titles, and interests in and
`
`to the Copyrighted Works.
`
`41. With full knowledge of Mr. Prochnow’s rights, Defendant Mercedes,
`
`in violation of Mr. Prochnow’s exclusive rights under 17 U.S.C. §106, has
`
`infringed and continues to infringe the Copyrighted Works by distributing,
`
`displaying, and causing others to distribute and display, the Copyrighted Works
`
`without Mr. Prochnow’s consent.
`
`
`
`11
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 12 of 17 PageID 12
`
`42. Defendant Mercedes engaged
`
`in such
`
`infringement with full
`
`knowledge of Mr. Prochnow’s rights in the Copyrighted Works. Accordingly,
`
`Defendant’s acts constitute knowing, willful, and/or deliberate infringement of the
`
`Copyrighted Works. Each and every act of infringement is a separate, distinct, and
`
`new act of infringement.
`
`43. Mr. Prochnow is entitled to damages in an amount sufficient to
`
`compensate him for the benefit received by Mercedes from Mercedes’ use of the
`
`Copyrighted Works. The exact measure of damages suffered by Mr. Prochnow as
`
`a consequence of Mercedes’ infringement are not presently known and will be
`
`proven at trial.
`
`44.
`
`In addition, Mr. Prochnow cannot be fully compensated in damages
`
`and will suffer irreparable harm if infringement of his copyrights in the works
`
`continues, leaving him without an adequate remedy at law and requiring entry of
`
`an injunction prohibiting further infringement by Mercedes.
`
`COUNT II
`
`BREACH OF CONTRACT
`
`45. Mr. Prochnow incorporates the proceeding allegations 1-44 as though
`
`fully set forth herein.
`
`
`
`12
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 13 of 17 PageID 13
`
`46. Mr. Prochnow entered into a written, valid, binding, and enforceable
`
`agreement with Mercedes in 2010 concerning the use of his Henry illustrations in
`
`the promotion and sale of Mercedes products.
`
`47.
`
`In exchange for the expanded use of Mr. Prochnow’s Henry
`
`illustrations, Mercedes agreed to pay Mr. Prochnow quarterly a royalty of 8% of
`
`sales on Mercedes’ products bearing Mr. Prochnow’s authorship of Henry’s image.
`
`48. Mr. Prochnow performed all obligations and duties required in
`
`performance of the contract.
`
`49. Defendant Mercedes materially and wholly breached the contract
`
`when it failed to provide remuneration to Mr. Prochnow for use of the Henry
`
`illustrations on its website, product packaging, catalogs and other advertising to
`
`directly promote and sell Mercedes’ histology-related products.
`
`50. Mr. Prochnow suffered and continues to suffer damages as a direct
`
`and proximate result of Mercedes’ breach.
`
`51. Mr. Prochnow is entitled to damages in an amount sufficient to
`
`compensate him for Mercedes’ breach of contract. The exact measure of damages
`
`suffered by Mr. Prochnow as a consequence of Mercedes’ breach are not presently
`
`known and will be proven at trial.
`
`
`
`13
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 14 of 17 PageID 14
`
`COUNT III
`
`UNJUST ENRICHMENT
`
`52. Mr. Prochnow incorporates the proceeding allegations 1-51 as though
`
`fully set forth herein.
`
`53. Mercedes has received a benefit from the use of Mr. Prochnow’s
`
`original Henry illustrations on its website, product packaging, catalogs, and other
`
`advertising to promote and sell Mercedes’ histology-related products without
`
`compensation to Mr. Prochnow. Mercedes appreciated this benefit and continues to
`
`enjoy the benefits of using Mr. Prochnow’s original illustrations.
`
`54. Mercedes’ acceptance and retention of these benefits would be
`
`inequitable without fair remuneration to Mr. Prochnow, for Mercedes’ use and
`
`benefit of the Henry illustrations.
`
`55. Mr. Prochnow has been damaged and continues to be damaged by
`
`Mercedes’ acts and omissions which have resulted in unjust enrichment to
`
`Mercedes. Mr. Prochnow is entitled to damages in an amount sufficient to
`
`compensate him for Mercedes’ unjust enrichment.
`
`56. The exact measure of damages suffered by Mr. Prochnow as a
`
`consequence of Mercedes’ unjust enrichment are not presently known and will be
`
`proven at trial.
`
`
`
`14
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 15 of 17 PageID 15
`
`57. As set forth above, Mr. Prochnow has no adequate remedy at law for
`
`Mercedes' continuing actions that led to its unjust enrichment and will suffer
`
`irreparable harm as a consequence of Mercedes’ continued use of his original
`
`Henry illustrations, leaving him without an adequate remedy at law and requiring
`
`entry of an injunction prohibiting further use by Mercedes of the works.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Mr. Prochnow respectfully requests that the Court enter
`
`judgment:
`
`a.
`
`That Defendant Mercedes be permanently enjoined and restrained
`
`from copying, displaying, duplicating, disseminating, distributing, or otherwise
`
`using and infringing the copyrights in the Copyrighted Works;
`
`b.
`
`That Defendant be ordered to file, within 30 days of issuance of the
`
`injunction, a sworn report setting forth in detail the manner in which Mercedes has
`
`complied with the injunction;
`
`c.
`
`That Defendant be required to pay Mr. Prochnow such actual damages
`
`as Mr. Prochnow has sustained as a result of the copyright infringement and/or
`
`breach of contract;
`
`d.
`
`That Defendant be required to account for and pay to Mr. Prochnow
`
`all gains, profits earned, and advantages derived from Mercedes’ infringement of
`
`
`
`15
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 16 of 17 PageID 16
`
`Mr. Prochnow’s Copyrighted Works, including, without limitation, all gains,
`
`profits earned, and advantages realized by Mercedes;
`
`e.
`
`That Defendant be required to disgorge all profits, direct and indirect,
`
`earned from Mercedes’ acts of copyright infringement complained of including,
`
`without limitation, all gains, profits earned, and advantages realized by Mercedes
`
`following use of the Copyrighted Works;
`
`f.
`
`That Defendant be required to pay Mr. Prochnow such damages as
`
`Mr. Prochnow has sustained as a result of Mercedes’ breach of contract;
`
`g.
`
`That Defendant be required to pay Mr. Prochnow such damages as
`
`Mr. Prochnow has sustained as a result of Mercedes’ unjust enrichment;
`
`h.
`
`That pursuant to 17 U.S.C. §505, Defendant be required to pay Mr.
`
`Prochnow’s full costs in this action and reasonable attorney’s fees;
`
`i.
`
`That Defendant Mercedes be required to pay punitive damages to Mr.
`
`Prochnow; and
`
`j.
`
`That the Court award such other and further relief as it deems just and
`
`appropriate.
`
`
`
`JURY DEMAND
`
`Plaintiff Caleb Prochnow respectfully requests a trial by jury on all issues
`
`triable by a jury in this case.
`
`
`
`16
`
`

`

`Case 8:16-cv-03095-CEH-AAS Document 1 Filed 11/02/16 Page 17 of 17 PageID 17
`
`Dated: November 2, 2016.
`
`
`
`Respectfully submitted,
`
`
`
` ______
`
`/s/ Janelle A. Weber
`Janelle A. Weber
`Florida Bar No. 017630
`SHUTTS & BOWEN LLP
`4301 West Boy Scout Boulevard, Suite 300
`Tampa, FL 33607
`Telephone: (813) 229-8900
`Facsimile: (813) 229-8901
`Email: jweber@shutts.com
`
`
`and
`
`
`David S. Moreland
`(Trial Counsel seeking pro hac vice admission)
`Georgia. Bar No. 521998
`MEUNIER CARLIN & CURFMAN, LLC
`817 W. Peachtree Street, NW, Suite 500
`Atlanta, Georgia 30308
`Telephone: (404) 645-7700
`Facsimile: (404) 645-7707
`Email: dmoreland@mcciplaw.com
`
` talley@mcciplaw.com
`
`
`Counsel for Plaintiff Caleb Prochnow
`
`
`
`
`17
`
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`
`
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`
`

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