PYROLYX USA INDIANA, LLC v. ZEPPELIN SYSTEMS GmbH

Nature of the Document

The provided text is a joint motion under Federal Rule of Civil Procedure 42(a), not an order or opinion deciding the motion. The document does not state that the court granted, denied, or otherwise ruled on the request.

Background

The dispute concerns construction of a tire-recycling and carbon-black facility in Terre Haute, Indiana. The motion states that Plaintiffs Pyrolyx USA Indiana, LLC, Pyrolyx Indiana, Inc., and Pyrolyx AG owned the facility, while Defendants Zeppelin Systems USA, Inc. and Zeppelin Systems GmbH supplied equipment and services.

The motion describes several related proceedings. Zeppelin Systems USA, Inc. filed a lien-enforcement action in Vigo County Superior Court and another action in the Southern District of New York alleging breach of contract and tort claims. The lien-enforcement action was subject to an agreed stay, according to the motion. Pyrolyx-related plaintiffs later filed an Indiana state-court action alleging breach of contract and various torts; that action was removed to the Southern District of Indiana and then transferred to the Southern District of New York.

Requested Relief and Reasoning

The parties asserted that the two federal actions arose from the same operative facts, involved many overlapping parties, and presented common questions of law and fact. Relying on Rule 42(a), which permits consolidation when cases involve common legal or factual questions, they jointly requested that the court consolidate and merge Civil Action No. 1:20-cv-05436 with Civil Action No. 1:19-cv-11222 for all purposes. They also requested that the case-management plan from the first-filed action govern both cases.

Disposition

No disposition appears in the provided text. The document records the parties’ request, not Judge Colleen McMahon’s ruling. Accordingly, the court’s action on the consolidation motion cannot be determined from this document.