Flip Face U.S.A., LLC et al v. Alexandria Moulding, Inc. et al

Filing 19

ORDER granting in part 1 Non-party Home Depot USA, Inc.'s Motion to Transfer. See the Order for details. Signed by Magistrate Judge John J. O'Sullivan on 4/5/2016. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-62581-MC-MORENO/O'SULLIVAN
FLIP FACE U.S.A., LLC
a Florida Limited Liability Company,
and FLIP FACE, INC., a Foreign Corporation,
Plaintiffs,
vs.
ALEXANDRIA MOULDING, INC.,
a Washington Corporation, and
MOULURE ALEXANDRIA MOULDING,
INC., a Canadian Corporation,
Defendants.
______________________________/
ORDER
THIS MATTER is before the Court on the Non-Party Home Depot USA, Inc.’s
Motion to Transfer, Motion to Quash, and Request for Related Fees and Expenses (DE
# 1, 12/9/15). Having reviewed the applicable filings and law, the undersigned enters
the following Order.
The underlying action in this case is proceeding in the Northern District of
Georgia. The Court in Georgia has ruled on discovery motions directly related to the
dispute between the parties in the matter before this Court. The corporate
headquarters for the non-party, Home Depot, is located in the Northern District of
Georgia, and Home Depot has requested that this Motion be transferred to the Northern
District of Georgia. Federal Rule of Civil Procedure 45(f) states that a court “may
transfer a motion under this rule to the issuing court, if the person subject to the
subpoena consents”. Rule 45(f) is designed to protect the interests of the non-party. It
is clear that this matter should be transferred to the Northern District of Georgia.

Accordingly, it is
ORDERED AND ADJUDGED that the Non-Party Home Depot USA, Inc.’s
Motion to Transfer, Motion to Quash, and Request for Related Fees and Expenses (DE
# 1, 12/9/15) is GRANTED in part in accordance with this Order, and this matter shall
be transferred to the Northern District of Georgia to be associated with Flip Face
U.S.A., LLC, et al v. Alexandria Moulding, et al, Case No. 1:15-cv-883-MHC (Northern
District of Georgia).
DONE AND ORDERED in Chambers at Miami, Florida this 5th day of April, 2016.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies to:
U.S. District Judge Moreno
All counsel of record