TFO Inc v. Vantiv, Inc
Plaintiff: TFO Inc
Defendant: Vantiv, Inc
Case Number: 1:2016cv00971
Filed: June 13, 2016
Court: US District Court for the Northern District of Alabama
Office: Eastern Office
County: Calhoun
Presiding Judge: Staci G Cornelius
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2018 Opinion or Order Filing 61 ORDER DISMISSING CASE- The parties filed a joint stipulation of dismissal (Doc #60 ); Accordingly, this matter is DISMISSED WITH PREJUDICE, each party to bear its own costs. FED. R. CIV. P.41(a)(1)(A)(ii). Signed by Magistrate Judge Staci G Cornelius on 3/6/18. (MRR, )
March 5, 2018 Filing 60 STIPULATION of Dismissal by Vantiv, Inc. filed by Vantiv, Inc (Smith, Richard)
January 17, 2018 Opinion or Order Filing 59 TEXT ORDER: Presently pending are multiple motions seeking to extend certain deadlines in light of the parties' attempts to resolve this matter through mediation. (Docs. #52 , #55 , #56 . #57 , #58 ). The addendum to the plaintiff's most recent motion notes that the defendant does not oppose the plaintiff's request to extend it's deadline to respond to the pending motion for summary judgment by two weeks while mediation is ongoing. (Doc. #58 ). The plaintiff's motion for an extension of time to respond to the defendant's motion for summary judgment is GRANTED. (Doc. #57 ). If mediation is not successful, the plaintiff SHALL respond to the pending motion for summary judgment by February 1, 2018. The Clerk is DIRECTED to TERM Documents # #52 , #55 , #56 . #57 , and #58 . Signed by Magistrate Judge Staci G Cornelius on 1/17/18. (MRR, )
January 15, 2018 Filing 58 Addendum to MOTION to Extend Deadline for Response to Defendant's Motion for Summary Judgment (Doc #57 ) Motion is RIPE 1/11/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion, Filed by TFO Inc.(Johnson, Edward) Modified on 1/17/2018 (MRR, ).
January 11, 2018 Filing 57 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment Motion is RIPE 1/11/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by TFO Inc. (Johnson, Edward) -Signature for attorney Johnson not included on the motion-Modified on 1/11/2018 (MRR, ).
December 5, 2017 Filing 56 MOTION to Stay /Defer Further Deadlines Related to Depositions Until After the Rescheduled Mediation by Vantiv, Inc. (Attachments: #1 Memorandum in Support of Motion to Defer)(Dettmer Slye, Carrie)
December 5, 2017 Filing 55 Joint MOTION for Extension of Time to Conduct Mediation Motion is RIPE 12/5/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vantiv, Inc. (Smith, Richard)
November 20, 2017 Filing 54 RESPONSE in Opposition re #53 MOTION to Compel filed by Vantiv, Inc. (Dettmer Slye, Carrie)
November 20, 2017 Filing 53 MOTION to Compel by TFO Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Johnson, Edward)
November 17, 2017 Filing 52 MOTION to Stay FURTHER DEADLINES RELATED TO DEPOSITIONS UNTIL AFTER THE MEDIATION by Vantiv, Inc. (Attachments: #1 Memorandum in Support)(Dettmer Slye, Carrie)
October 25, 2017 Opinion or Order Filing 51 MEDIATION ORDER- The parties are ORDERED to mediate this case before a mutually-agreed upon mediator; If the parties are unable to agree upon a mediator, they SHALL notify the court within fourteen (14) calendar day; Mediation SHALL be complete within sixty (60) calendar days; Within ten (10) days following mediation the mediator shall report if a settlement has been reached. Signed by Magistrate Judge Staci G Cornelius on 10/25/17. (MRR, )
October 25, 2017 Opinion or Order Filing 50 ORDER- The pltf's motion to extend the discovery deadline (Doc #48 ) is GRANTED IN PART; The discovery deadline is EXTENDED for thirty (30) calendar days from the date of this order, for the sole purpose of allowing the TFO to conduct an additional Rule 30(b)(6) deposition to secure the information identified in the motion; Within sixty (60) calendar days, the parties are ORDERED to MEDIATE this case in accordance with the accompanying Order to Mediate; The briefing deadlines regarding the motion for summary judgment are STAYED; If mediation is unsuccessful, TFO SHALL file any opposition to themotion for summary judgment within eighty-one (81) days; Vantiv SHALL file any reply within fourteen (14) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 10/25/17. (MRR, )
October 24, 2017 Filing 49 MOTION for Summary Judgment by Vantiv, Inc. (Attachments: #1 Memorandum in Support of Vantiv's Motion for Summary Judgment, #2 Evidentiary Submission in Support of Motion for Summary Judgment, #3 Exhibit Exhibit A - Deposition of Carla Key)(Smith, Richard)
October 12, 2017 Filing 48 MOTION for Extension of Time of Discovery Deadline Motion is RIPE 10/12/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by TFO Inc. (Stewart, Donald)
October 11, 2017 Opinion or Order Filing 47 TEXT ORDER: The defendant's motion seeking a two week extension of the dispositive motion deadline is GRANTED. (Doc. #46 ). Any dispositive motions must be filed by October 30, 2017. Signed by Magistrate Judge Staci G Cornelius on 10/11/17. (MRR, )
October 10, 2017 Filing 46 MOTION for Extension of Time to File Dispositive Motion Motion is RIPE 10/10/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vantiv, Inc. (Attachments: #1 Exhibit Memorandum in Support)(Dettmer Slye, Carrie)
September 6, 2017 Filing 45 ANSWER to #1 Complaint by Vantiv, Inc.(Dettmer Slye, Carrie)
September 5, 2017 Opinion or Order Filing 44 TEXT ORDER: The defendant's unopposed motion to extend the discovery deadline for the sole purpose of completing party depositions is GRANTED. (Doc. #43 ). The depositions SHALL be completed by September 29, 2017. The dispositive motion deadline is unchanged. Signed by Magistrate Judge Staci G Cornelius on 9/5/17. (MRR, )
August 31, 2017 Filing 43 Consent MOTION for Extension of Time to Complete Discovery Motion is RIPE 8/31/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vantiv, Inc. (Attachments: #1 Text of Proposed Order Proposed Order Granting Consent Motion to Extend Discovery Deadline)(Smith, Richard)
August 17, 2017 Opinion or Order Filing 42 TEXT ORDER: As noted during the August 17, 2017 status conference, the pending motions seeking an extension of deadlines are GRANTED. (Docs. #37 , #38 ). The discovery deadline is EXTENDED until September 16, 2017, for the sole purpose of completing the depositions of the parties. The depositions SHALL take place back-to-back, with the plaintiff's deposition occurring first. The dispositive motion deadline is EXTENDED until October 16, 2017. Signed by Magistrate Judge Staci G Cornelius on 8/17/17. (MRR, )
August 17, 2017 Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Status Conference held on 8/17/2017; attys Donald Stewart and Richard Smith present; conf adj. (chambers) (MSN)
August 14, 2017 Filing 41 REPLY to Response to Motion re #38 MOTION for Extension of Time Extension of Deadlines Motion is RIPE 8/9/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed Reply to Vantiv's Response in Opposition filed by TFO Inc. (Johnson, Edward)
August 11, 2017 Opinion or Order Filing 40 TEXT ORDER: This matter is SET for a status conference at 10:00 a.m. on August 17, 2017, in the chambers of the undersigned, located at the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama. Signed by Magistrate Judge Staci G Cornelius on 8/11/17. (MRR, )
August 11, 2017 Filing 39 RESPONSE in Opposition re #38 MOTION for Extension of Time Extension of Deadlines Motion is RIPE 8/9/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed filed by Vantiv, Inc. (Smith, Richard)
August 9, 2017 Filing 38 MOTION for Extension of Time Extension of Deadlines Motion is RIPE 8/9/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by TFO Inc. (Attachments: #1 Exhibit Exhibit 1)(Johnson, Edward)
August 8, 2017 Filing 37 MOTION for Extension of Time to Complete Discovery Motion is RIPE 8/8/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vantiv, Inc. (Attachments: #1 Memorandum in Support of Defendant Vantiv, Inc.'s Motion to Extend the Discovery Deadline for Purpose of Deposing Plaintiff)(Smith, Richard)
July 28, 2017 Opinion or Order Filing 36 TEXT ORDER: The hearing set for July 31, 2017, is CANCELLED. Signed by Magistrate Judge Staci G Cornelius on 7/28/17. (MRR, )
July 26, 2017 Filing 35 NOTICE by TFO Inc Notice of Compliance With Court Order (Johnson, Edward)
July 24, 2017 Opinion or Order Filing 34 ORDER- Deft's motion to extend the deadline to provide its expert disclosures (Doc #33 ) is GRANTED; Deft's expert disclosures are due fourteen (14) days after Pltf responds to outstanding paper discovery; Additionally, this is not the first order regarding the discovery at issue here; This matter is SET for a hearing in Courtroom 3-A of the Hugo L. Black Courthouse at 10:30 a.m. on July 31, 2017, at which Pltf must appear and SHOW CAUSE why this matter should not be dismissed for want of prosecution; The hearing will be cancelled if, prior to July 27, 2017, Pltf fully responds to the outstanding discovery and files a notice to that effect. Signed by Magistrate Judge Staci G Cornelius on 7/24/17. (MRR, )
July 12, 2017 Filing 33 MOTION for Extension of Time of Expert Disclosure Deadline Motion is RIPE 7/12/2017. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vantiv, Inc. (Attachments: #1 Memorandum in Support of Defendant Vantiv, Inc.'s Motion to Extend Its Expert Disclosure Deadline)(Smith, Richard)
May 24, 2017 Opinion or Order Filing 32 TEXT ORDER: In light of the parties' joint proposal to amend certain deadlines (Doc. #31 ), the Scheduling Order (Doc. #21 ) is AMENDED in the following respects: (1) the plaintiff's expert disclosures are due by June 22, 2017; (2) the defendant's expert disclosures are due by July 13, 2017; and (3) all discovery must be commenced in time to be completed by August 8, 2017. The remaining deadlines in the Scheduling Order remain unchanged. Signed by Magistrate Judge Staci G Cornelius on 5/24/17. (MRR, )
May 22, 2017 Filing 31 NOTICE by Vantiv, Inc re 30 Order,, of Joint Proposed Amendment to Scheduling Order (Dettmer Slye, Carrie)
May 18, 2017 Opinion or Order Filing 30 TEXT ORDER: As noted during the May 18, 2017 status conference, within fourteen (14) calendar days: (1) the plaintiff is ORDERED to fully respond to the defendant's outstanding paper discovery; and (2) the defendant is ORDERED to respond to the plaintiff's paper discovery requests served with its January 18, 2017 deposition notice. The parties are further ORDERED to file a joint proposal regarding the remaining deadlines in this case by 5:00 p.m. on May 22, 2017. Signed by Magistrate Judge Staci G Cornelius on 5/18/17. (MRR, )
May 18, 2017 Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Status Conference held on 5/18/2017; attys Edward Johnson and Richard Smith present conf adj. (chambers) (MSN)
May 11, 2017 Opinion or Order Filing 29 TEXT ORDER: The defendant's motion seeking a status conference is GRANTED. (Doc. #26 ). This matter is SET for a status conference at 10:00 a.m. on May 18, 2017, in the chambers of the undersigned, located at the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama. As noted in the defendant's filing (Doc. #28 ) in support of the motion for status conference, the plaintiff's motion to compel (Doc. #27 ) does not comply with the court's discovery dispute process. Accordingly, the motion to strike (Doc. #28 ) is GRANTED and the motion to compel (Doc. #27 ) is STRICKEN. Signed by Magistrate Judge Staci G Cornelius on 5/11/17. (MRR, )
May 10, 2017 Filing 28 REPLY in Support of Motion for Conference; MOTION to Strike Plaintiff's Motion to Compel filed by Vantiv, Inc. (Smith, Richard) Modified on 5/10/2017 (MRR, ).
May 1, 2017 Filing 27 **STRICKEN** MOTION to Compel and Response to Defendant's Motion for Conference by TFO Inc. (Johnson, Edward)**Doc signed by Donald Stewart** Modified on 5/1/2017 (MRR, ).**STRICKEN per Order 29** Modified on 5/11/2017 (MRR, ).
April 27, 2017 Filing 26 MOTION for Conference by Vantiv, Inc. (Attachments: #1 Memorandum in Support of Motion for Conference)(Smith, Richard)
March 31, 2017 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER- Vantiv's partial motion to dismiss (Doc #11 ) is GRANTED in its entirety and TFO's claims from breach of contract are DISMISSED; Vantiv's motion for protective order (Doc #22 ) is DENIED as MOOT in light of this memorandum opinion and order; The parties are REMINDED that any future motions regarding discovery disputes must comply with the undersigned's discovery dispute procedure (Doc #18 at 2-3). Signed by Magistrate Judge Staci G Cornelius on 3/31/17. (MRR, )
March 13, 2017 Filing 24 RESPONSE in Support re #22 MOTION for Protective Order filed by Vantiv, Inc. (Dettmer Slye, Carrie)
March 6, 2017 Filing 23 RESPONSE in Opposition re #22 MOTION for Protective Order and Motion to Compel filed by TFO Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Johnson, Edward)
March 1, 2017 Filing 22 MOTION for Protective Order by Vantiv, Inc. (Attachments: #1 Memorandum in Support)(Dettmer Slye, Carrie)
October 28, 2016 Opinion or Order Filing 21 SCHEDULING ORDER: Certain deadlines apply as further set out within. Discovery due by 7/17/2017; Dispositive Motions due by 9/1/2017. Signed by Magistrate Judge Staci G Cornelius on 10/28/16. (MRR, )
October 11, 2016 Filing 20 REPORT of Rule 26(f) Planning Meeting. (Smith, Richard)
September 6, 2016 Filing 19 NOTICE: the telephone status conference set for 10:00 a.m. on September 8, 2016, is CANCELLED. (MSN)
September 6, 2016 Opinion or Order Filing 18 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Staci G Cornelius on 9/06/16. (MRR, )
September 2, 2016 Filing 17 CONSENT to Jurisdiction by US Magistrate Judge. (MRR, )
August 31, 2016 Filing 16 RESPONSE in Support re #11 Partial MOTION to Dismiss Plaintiff's Complaint filed by Vantiv, Inc. (Dettmer Slye, Carrie)
August 24, 2016 Filing 15 RESPONSE to Motion re #11 Partial MOTION to Dismiss Plaintiff's Complaint filed by TFO Inc. (Johnson, Edward)
August 10, 2016 Opinion or Order Filing 14 TEXT ORDER: The defendant has filed a partial motion to dismiss. (Doc. #11 ). The plaintiff is ORDERED to respond within fourteen (14) days of the entry of this order. The response SHALL be limited to fifteen (15) pages. The defendant's reply, if any, SHALL be filed within seven (7) days of the plaintiff's response and SHALL be limited to ten (10) pages. Signed by Magistrate Judge Staci G Cornelius on 8/10/16. (MRR, )
August 10, 2016 Opinion or Order Filing 13 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than September 23, 2016. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after September 23, 2016. A telephone status conference is hereby SET for 10:00 a.m. on September 8, 2016. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 8/10/16. (MRR, )
August 9, 2016 Filing 12 Corporate Disclosure Statement by Vantiv, Inc. (Dettmer Slye, Carrie)
August 9, 2016 Filing 11 Partial MOTION to Dismiss Plaintiff's Complaint by Vantiv, Inc. (Attachments: #1 Memorandum of Law In Support of Partial Motion to Dismiss, #2 Text of Proposed Order)(Dettmer Slye, Carrie)
August 9, 2016 Filing 10 NOTICE of Appearance by Carrie Dettmer Slye on behalf of Vantiv, Inc (Dettmer Slye, Carrie)
August 1, 2016 Opinion or Order Filing 9 TEXT ORDER: Defendant's motion (Doc. #7 ) for a two week extension of time to respond to the complaint is GRANTED. Defendant is ORDERED to respond to the complaint by August 9, 2016. Additionally, Carrie Dettmer Slye has filed a motion (Doc. #8 ) to appear pro hac vice on behalf of Defendant. The motion, which complies with Local Rule 83.1(b) and is accompanied by the appropriate fee, is GRANTED.. Signed by Magistrate Judge Staci G Cornelius on 8/1/16. (MRR, )
August 1, 2016 Filing 8 MOTION for Leave to Appear Pro Hac Vice Carrie Dettmer Slye by Vantiv, Inc. (Smith, Richard)
August 1, 2016 PHV Fee paid: $ 50, receipt number 1126-2673293 (B4601073292). (Smith, Richard) Modified on 8/1/2016 (MRR, ).
July 26, 2016 Filing 7 MOTION for a Two Week Extension in Which to File a Responsive Pleading by Vantiv, Inc. (Smith, Richard)
July 14, 2016 Filing 6 SUMMONS Returned Executed Vantiv, Inc served on 7/11/2016, answer due 8/1/2016. (MRR, )
July 8, 2016 Filing 5 SUMMONS Returned Executed Vantiv, Inc served on 7/5/2016, answer due 7/26/2016. (MRR, )
July 6, 2016 Filing 4 NOTICE of Appearance by Edward McFarland Johnson on behalf of TFO Inc (Johnson, Edward)
June 29, 2016 Filing 3 Summonses(2) Issued as to Vantiv, Inc., sent via certified mail (MRR, )
June 16, 2016 Filing fee: $ 400, receipt number B4601072254 (MRR, )
June 14, 2016 Filing 2 NOTICE REGARDING CONSENT (MRR, )
June 14, 2016 Request for service by certified mail within the body of the complaint filed by TFO Inc. (MRR, )
June 13, 2016 Filing 1 COMPLAINT against Vantiv, Inc, filed by TFO Inc.(MRR, )

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Plaintiff: TFO Inc
Represented By: Edward McFarland Johnson
Represented By: Donald W Stewart
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Defendant: Vantiv, Inc
Represented By: Richard E Smith
Represented By: Carrie Dettmer Slye
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