Grimaldi Deep Sea S.p.A v. SSA Atlantic LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

GRIMALDI DEEP SEA S.p.A.,

Plaintiff,

vs. Case No. 3:25-cv-615-MMH-MCR

SSA ATLANTIC LLC,

Defendant. /

ORDER TO SHOW CAUSE THIS CAUSE is before the Court sua sponte. Plaintiff initiated this action on June 3, 2025. See Complaint (Doc. 1). Upon review, the Complaint is nearly identical to, if not an exact duplicate of, the operative pleading in Grimaldi Deep Sea S.p.A. v. SSA Atlantic LLC, No. 3:24-cv-562-MMH-SJH, which is currently pending before the Court. Compare Complaint, with Amended Complaint (3:24-cv-562-MMH-SJH Doc. 22), filed on April 10, 2025. The Eleventh Circuit has “adopted a rule against a plaintiff maintaining two separate actions involving the same subject matter, at the same time, in the same court, against the same defendant.” See Rumbough v. Comenity Cap. Bank, 748 F. App'x 253, 255 (11th Cir. 2018) (citing Vanover v. NCO Fin. Servs., Inc., 857 F.3d 833, 840-42 (11th Cir. 2017)).! This case involves the same parties, the same claims, and the same subject matter as the previously filed action. As such, the Court will direct Plaintiff to show cause why this duplicate action should not be dismissed.

Accordingly, it is

ORDERED:

Plaintiff is directed to show cause by a written response filed on or before October 14, 2025, why this duplicate action should not be dismissed.

DONE AND ORDERED in Jacksonville, Florida this 7th day of October 2025.

MARCIA MORALES HOWARD United States District Judge

Le35 Copies to: Counsel of Record

! The Court does not rely on unpublished opinions as binding precedent; however, they may be cited in this Order when the Court finds them persuasive on a particular point. See McNamara v. GEICO, 30 F.4th 1055, 1060-61 (11th Cir. 2022); see generally Fed. R. App. P. 32.1; 11th Cir. R. 36-2 “Unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority.”).