SLEP-TONE ENTERTAINMENT CORPORATION v. KARA-O-KING INC et al

Filing 62

ORDER re 60 Order to Show Cause, 61 Response. Pla shall file a particularized report not later than 7/21/2011. Signed by JUDGE RICHARD SMOAK on 7/7/2011. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SLEP-TONE ENTERTAINMENT CORP.,
Plaintiff,
vs.

CASE NO. 5:10-cv-71/RS-CJK

KARA-O-KING INC., et al.,
Defendants.
_________________________________________/

ORDER
Before me are the Show Cause Order (Doc. 60) and Plaintiff’s Response (Doc.
61).
Permissive joinder allows multiple defendants to be joined in one action if the
right to relief arises “out of the same transaction, occurrence, or series of transactions or
occurrences” and “any question of law or fact common to all defendants will arise in the
action.” Fed. R. Civ. P. 20(a)(2).
Here, it is clear that common questions of law predominate. Plaintiff represents
that common questions of fact will also be at issue with only “time and place”
differences. However, these “time and place” differences make inappropriate the joinder
of parties who reside throughout the state’s three districts. Permissive joinder is a
doctrine of discretion, not of plaintiff’s right. Its justification lies in considerations of
judicial economy, convenience and fairness to litigants. Alexander v. Fulton County, 207
F.3d 1303, 1323 (11th Cir. 2000) (Citing United Mine Workers v. Gibbs, 383 U.S. 715,

726 (1966). Quite simply, it is unfair to require defendants who reside in the Southern
District and the Middle District to be hailed to court in the Northern District. I intend to
sever those defendants who reside in a different district and/or those defendant where
Plaintiff has alleged that a substantial part of the events giving rise to the claim occurred
in a different district. See 28 U.S.C. § 1391(b).
Plaintiff shall file a particularized report which (1) identifies the district in which
each defendant resides and (2) identifies the district(s) where a substantial part of the
events giving rise to the claim occurred for each of the Defendants – i.e., the location(s)
where the defendants have allegedly used the trademark infringing products.
This report shall be filed not later than July 21, 2011.

ORDERED on July 7, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE