Moore Machine Tools LLC, a Utah Limited Liability Company; and Nukon USA, LLC, a Utah Limited Liability Company v. Furkan Aydin, an Individual; Katherine Fay, an Individual; and Fay Makina North America LLC, a Utah Limited Liability Company

Moore Machine Tools · United States District Court for the District of Utah · April 9, 2026 · No. 2:24-cv-00793-DBB-JCB

Summary

The United States District Court for the District of Utah grants Plaintiffs’ motion under Federal Rule of Civil Procedure 42(a) to consolidate the Aydin Case with a related action involving Nukon USA and Nukon Turkey. The court finds common questions concerning ownership of the NUKON trademark, alleged contractual violations, and related party relationships, and concludes that consolidation will promote efficiency without causing undue prejudice or delay.

Holdings

  1. The actions involved common questions of law and fact because substantial portions of the claims in both cases depended on overlapping factual determinations and legal conclusions, including ownership of the NUKON trademark, alleged violations of the distribution agreement, and related conduct involving the parties.
  2. Consolidation was appropriate because it would reduce duplicative discovery, promote efficiency, and reduce the risk of inconsistent outcomes, while the actions were not so far apart procedurally that consolidation would cause significant delay or prejudice.

Questions Presented

  1. Whether the Aydin Case and the Nukon Case involved common questions of law or fact sufficient to satisfy Federal Rule of Civil Procedure 42(a).
  2. Whether the efficiency and judicial convenience gained by consolidating the actions outweighed the potential for delay, confusion, or prejudice arising from their different procedural stages.

Disposition

other

Cases Cited (15)

  • Phillip M. Adams & Assocs., LLC v. Dell Inc., 2008 WL 203316, at *2 (D. Utah Jan. 23, 2008)(followed)
  • Dreger v. Progressive Leasing LLC, 2024 WL 115854, at *2–3 (D. Utah Jan. 10, 2024)(followed)
  • Cheney v. Judd, 429 F. Supp. 3d 931, 936 (D.N.M. 2019)(followed)
  • Gradie v. C.R. England, Inc., 2017 WL 325201, at *2 (D. Utah Jan. 23, 2017)(limited)
  • Petromanagement Corp. v. Acme-Thomas Joint Venture, 835 F.2d 1329, 1334 (10th Cir. 1987)(followed)
  • Davidson v. Baird, 2019 UT App 8, 438 P.3d 928, 945(followed)
  • Eldridge v. Johndrow, 2015 UT 21, 345 P.3d 553(followed)
  • Westmont Mirador, LLC v. Miller, 2014 UT App 209, 362 P.3d 919, 921(followed)
  • DeBry v. Godbe, 1999 UT 111, 992 P.2d 979(followed)
  • Holiday v. Progressive Insurance Co., 2021 WL 1753570, at *1 (D. Utah May 4, 2021)(followed)

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