Upofloor Americas, Inc. v. S Squared Sustainable Surfaces, LLC.

Filing 38

ORDER -- Case Nos. 6:16-cv-179-RBD-DCI and 6:16-cv-1403-RBD-DCI are CONSOLIDATED, such that: Case No. 6:16-cv-1403-RBD-DCI is DISMISSED WITHOUT PREJUDICE; If S Squared Sustainable Surfaces, LLC wishes to pursue the causes of action alleged in Ca se No. 6:16-cv-1403-Orl-37DCI, it may file such as counterclaims in Case No. 6:16-cv-179-Orl-37DCI on or before Monday, October 31, 2016. The Court's Order to Show Cause (Doc. 33) is DISCHARGED. Signed by Judge Roy B. Dalton, Jr. on 10/14/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UPOFLOOR AMERICAS, INC.,
Plaintiff,
v.

Case No. 6:16-cv-179-Orl-37DCI

S SQUARED SUSTAINABLE
SURFACES, LLC,
Defendant.

S SQUARED SUSTAINABLE
SURFACES, LLC,
Plaintiff,
v.

Case No. 6:16-cv-1403-Orl-37DCI

UPOFLOOR AMERICAS, INC.,
Defendant.
ORDER
This cause is before the Court on the following:
1.

The Court’s Order to Show Cause (Doc. 33), filed August 29, 2016;

2.

Defendant’s Response to Order to Show Cause [ECF NO. 33] (Doc. 34),
filed September 15, 2016; and

3.

Upofloor America, Inc.’s Response to Order to Show Cause (Doc. 35), filed
September 15, 2016.

In February and May of 2016, Upofloor Americas, Inc. (“Upofloor”) and
S Squared Sustainable Surfaces, LLC (“S2LA”) filed the following related actions in

separate courts—(1) Upofloor Americas, Inc. v. S Squared Sustainable Surfaces, LLC,
Case No. 6:16-cv-179-Orl-37DCI (“Upofloor Action”); and (2) S Squared Sustainable
Surfaces, LLC v. Upofloor Americas, Inc., Case No. 6:16-cv-1403-Orl-37DCI (“S2LA
Action”). The S2LA Action was later transferred to this Court from the U.S. District Court
for the Central District of California. (S2LA Action, Doc. 24.)
On August 29, 2016, the Court issued an Order to Show Cause as to why the
Upofloor and S2LA Actions should not be consolidated pursuant to Federal Rule of Civil
Procedure 42. (Upofloor Action, Doc. 33.) In response, Upofloor agreed that consolidation
was appropriate. (Id., Doc. 35.) For its part, S2LA expressed concern that consolidation
of the two actions might adversely affect its ability to obtain the relief requested in its
then-pending motion to dismiss (“MTD”). (Id., Doc. 34.) In particular, one of the grounds
raised in the MTD was whether the Court had personal jurisdiction over S2LA. (See id.,
Doc. 15.) As such, S2LA represented that it could not consent to consolidation if doing so
would create a new basis for personal jurisdiction which would otherwise not exist. (Id.,
Doc. 34, p. 2.)
On October 12, 2016, the Court issued an Order denying S2LA’s MTD for, inter
alia, lack of personal jurisdiction. (Id., Doc. 37.) Consequently, S2LA’s objections are now
moot, and the Court finds that the Upofloor and S2LA actions are due to be consolidated.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Pursuant

to

Federal

Rule

Nos. 6:16-cv-179-RBD-DCI

of

Civil

and

Procedure 42(a)(2),

6:16-cv-1403-RBD-DCI

Case
are

CONSOLIDATED, such that:
a.

Case

No. 6:16-cv-1403-RBD-DCI

2

is

DISMISSED

WITHOUT

PREJUDICE.
b.

The Clerk is DIRECTED to close Case No. 6:16-cv-1403-RBD-DCI.

c.

If S Squared Sustainable Surfaces, LLC wishes to pursue the causes
of action alleged in Case No. 6:16-cv-1403-Orl-37DCI, it may file
such as counterclaims in Case No. 6:16-cv-179-Orl-37DCI on or
before Monday, October 31, 2016.

2.

The Court’s Order to Show Cause (Doc. 33) is DISCHARGED.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 14, 2016.

Copies:
Counsel of Record

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