Opinion

Versea Diagnostics, LLC v. SOS Abundabox LLC

Court
District Court, M.D. Florida
Filed
Sep 22, 2025
Cited by
0 cases

The opinion

UMNIIDTEDDL ES TDAISTTERS IDCITS TORFI FCLTO CROIDUART

TAMPA DIVISION

Versea Diagnostics, LLC,

Plaintiff,

v. CASE NO. 8:24-cv-01237-SDM-CPT

SOS Abundabox LLC et al,

Defendants.

___________________________________/

ORDER

Alleging fraudulent misrepresentation, negligent misrepresentation, and

breach of contract, Versea Diagnostics, LLC sues (Doc. 34) SOS Abundabox LLC,

Summit Services, Inc., Emily Jones, and Kirk Oetken. Summit Services moves (Doc.

46) to dismiss the complaint under Rule 12(b)(2), Federal Rules of Civil Procedure,

for lack of personal jurisdiction. Versea responds (Doc. 66) and Summit Servies re-

plies. (Doc. 73)

Jones and Oetken (“the executives”) are Colorado citizens and officers of both

Abundabox and Summit Services. (Doc. 34 at ¶¶ 5-6) Both Abundabox and Summit

Services have their principal place of business in Colorado, with Abundabox incor-

porated in Wyoming and Summit Services incorporated in California. (Doc. 34 at ¶¶

3-4) Versea is a Florida-based company incorporated in Delaware. (Doc. 34 at ¶ 2)

In June 2023, the executives, on behalf of Abundabox, solicited investments

from a Versea board member during a dinner in Florida. (Doc. 34 at ¶ 11) Following

a series of phone calls and emails1 between Versea and the executives, during which

they misrepresented the profitability of Abundabox, Versea invited the executives

back to Florida in August 2023, where the executives delivered a Power Point

presentation containing additional misrepresentations to Versea’s management team.

(Doc. 34 at ¶¶ 12-20) This Power Point repeatedly bears the name and trademark of

both Abundabox and “Summit One Source,” which is the trade name of Summit

Services. Specifically, the appellation “Summit One Source” is found at the follow-

ing locations in the Power Point:

• The first slide, which reads “Summit One Source presents Health Pack by

Abundabox™.”

• The bottom right corner of slides 3, 4, 6, 8, 9, 10, 12, 13, 14, 15, 16, 18, and

19, which bear the logo of Summit One Source.

• Slide 17, the top of which features the same logo.

• The bottom of every slide in the Power Point, which reads “Confidential.

Copyright Summit One Source 2023.” (Doc. 34-1)

Following this meeting, Versea entered into a series of business agreements

with Abundabox. (Doc. 34 at ¶¶ 26-27) Although the written contracts (Doc. 34-

3; Doc. 50) formally established Abundabox as Versea’s business partner, Summit

Services, operating as Summit One Source, participated in the transactions

1 The executives sent these emails from accounts associated with Summit Services.

contemplated by the contracts. This is revealed by the following exhibits to the

amended complaint:

• An August 25, 2023, invoice for $180,000 of goods purchased by Versea for

delivery to Summit One Source.

• A September 21, 2023, invoice exceeding $68,000 for goods purchased by

Versea for delivery to Summit One Source.

• A September 22, 2023, invoice exceeding $97,000 for goods purchased by

Versea for delivery to Summit One Source.

• Two invoices dated September 27 and 29, 2023, each for $48,000 of goods

purchased by Versea for delivery to Summit One Source.

• Three bills of lading dated August 28, September 1, and September 5 2023,

billed to Versea for shipment to Summit One Source.

• A UPS “shipment receipt’ dated September 18, 2023, and stating that Ver-

sea shipped 24 packages, each weighing 25 pounds, to Summit One

Source. (Doc. 34-2)

After repeated failure by the defendants to pay as required by the contract,

Versea brought this action. (Doc. 34 at ¶¶ 36-37)

Florida's long-arm statute provides that a defendant becomes subject to spe-

cific jurisdiction under Section 48.193(1)(a)(1) if the defendant “engag[es] in a busi-

ness or business venture” in Florida; under Section 48.193(1)(a)(2) if the defendant,

even if physically outside Florida, commits a tort within Florida; and under Section

48.193(1)(a)(7) if the defendant breaches a contract in Florida by failing to perform

acts required “to be performed in Florida.” Specific yurisdiction “requires a causal

connection between the defendant's activities in Florida and the plaintiff's cause of

action.” Stonepeak Partners, LP v. Tall Tower Cap., LLC, 231 So. 3d 548, 552 (Fla. 2d

DCA 2017).

Although contradicting Versea’s amended complaint in certain particulars, the

defendant questions the authenticity of neither the invoices nor the Power Point

slides. “[C]onstru[ing] all reasonable inferences in favor of the plaintiff,” these docu-

ments establish personal jurisdiction over Summit Services by revealing the close re-

lation between Summit Services and Abundabox and at least hundreds of thousands

of dollars in transactions between Summit Services and Versea during the contract.

Posner v. Essex Ins. Co., 178 F.3d 1209, 1215 (11th Cir. 1999).

The defendant’s motion is DENIED.

ORDERED in Tampa, Florida, on September 22, 2025.

STEVEND.MERRYDAY □□

UNITED STATES DISTRICT JUDGE

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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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