Opinion

Jiangmen Benlida Printed Circuit Co., Ltd. v. Circuitronix, LLC

Court
District Court, S.D. Florida
Filed
Nov 3, 2021
Cited by
0 cases

The opinion

United States District Court

for the

Southern District of Florida

Jiangmen Benlida Printed Circuit )

Co., Ltd., Plaintiff, )

)

Civil Action No. 21-60125-Civ-Scola

v. )

)

Circuitronix, LLC, Defendant. )

Order Denying Motion Regarding Third-Party Complaint

The parties’ quarrel in this case stems from over $13 million Plaintiff

Jiangmen Benlida Printed Circuit Co., Ltd. (“Belinda”) claims Defendant

Circuitronix, LLC, owes Benlida for unpaid invoices for circuit boards

Circuitronix ordered and which Benlida delivered. (3rd Am. Compl. (“Compl.”),

ECF No. 26.) After the Court granted in part and denied in part Circuitronix’s

motion to dismiss, Circuitronix filed an answer as well as a counterclaim (ECF

No. 34). Circuitronix now seeks relief regarding its intention to file a third-party

complaint against China Export & Credit Insurance Corporation (commonly

referred to as “Sinosure”) for tortious interference with a contract (ECF No. 37).

For the reasons that follow, the Court denies Circuitronix’s motion (ECF No.

37).

Circuitronix commingles into its motion what are really two distinct

issues. On the one hand, it seems to seek an extension of time to file a third-

party complaint as of right. At the same time, Circuitronix also asks the Court

for leave to file a third-party complaint. In the process, Circuitronix has not set

forth sufficient support for either request.

As a starting point, the Court’s scheduling order set June 29, 2021, as

the deadline for joining additional parties. (Sched. Order, ECF No. 22.) Because

this case was initially set on a greatly protracted schedule, as compared to the

Court’s standard scheduling track, the Court forewarned the parties that any

extensions would not be considered “absent particularly extenuating

circumstances.” (Sched. Order at 1 (emphasis in original).) In its motion,

Circuitronix doesn’t set forth really any circumstances, never mind particularly

extenuating ones, that would warrant an extension of this deadline at this late

date. Instead, Circuitronix merely recounts that it needs “additional time to

review the evidence and formulate its third-party complaint” and that it “only

became aware of Sinosure’s tortious interference with contract in the course of

responding to Benlida’s claims, and analyzing the available documentation in

preparation of its recently filed Answer and Counterclaim.” (Def.’s Mot. at 3–4.)

But that does not even come close to establishing the good cause required

under Federal Rule of Civil Procedure 16(b), to modify a scheduling order, that

a deadline “cannot be met despite the diligence of the party seeking the

extension.” Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998)

(quoting Fed. R. Civ. P. 16 advisory committee’s note). Circuitronix doesn’t even

acknowledge the Court’s deadline, never mind supply facts showing it was in

any way diligent in seeking to meet it. Indeed, from Circuitronix’s point of view,

its addition of Sinosure as a third-party defendant “will not impact or require

revision of the existing case schedule” at all. (Def.’s Mot. at 4.)

Next, aside from the scheduling order, Federal Rule of Civil Procedure 14

“permits a defendant to file a third-party complaint as of right within ten days

after serving the original answer.” Caldwell v. Robinson, 1:06CV070 SPM, 2007

WL 646583, at *1 (N.D. Fla. Feb. 26, 2007). But rather than simply file its

third-party complaint within that time frame, Circuitronix instead filed a

preliminary draft of its purported third-party complaint, attached to its motion,

and then asked for thirty additional days to submit, presumably, a revised

version of that complaint. (Def.’s Mot. at 4; Prop. 3d Party Compl., 37-1.) In an

attempt to explain its strategy, Circuitronix provides only that the “requested

extension will allow [it] to conduct a thorough and orderly review of the

available evidence, explore potential pre-suit resolution, and alleviate the risk

that [Circuitronix] will be unable to articulate its claim accurately and

properly.” (Def.’s Mot. at 4.) Notably, Circuitronix fails to explain why none of

those actions were possible within its allotted timeframe. In the end, the Court

is not persuaded and finds Circuitronix’s lack of diligence dooms its request for

an extension.

Lastly, Circuitronix, separately, appears to seek leave, substantively, to

file its third-party complaint. Courts will grant such leave, under Rule 14(a)(1),

“only when the third party’s liability is in some way dependent on the outcome

of the main claim or when the third party is secondarily liable to the defending

party.” § 1446 When a Third-Party Action Is Proper, 6 Fed. Prac. & Proc. Civ. §

1446 (3d ed.). Conspicuously absent from Circuitronix’s motion, though, is any

support showing that impleading Sinosure into this case is proper or even any

mention of this standard at all. Accordingly, Circuitronix has failed to carry its

burden of showing that its third-party complaint complies with Rule 14’s

requirement that Sinosure, the purported third-party defendant, “is or may be

liable to [Circuitronix] for all or part of the claim against it.” Fed. R. Civ. P.

14(a)(1).

Accordingly, the Court denies Circuitronix’s motion both as to the

extension and as well as to leave to file a third-party complaint. (ECF No. 37).

Done and ordered in Miami, Florida, on November 3, 2021.

Rdbert N. Scola, Jr.

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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