National Payment Systems LLC v. BSR Acquisition Company LLC
| National Payment Systems LLC doing business as Boom Commerce |
| BSR Acquisition Company LLC |
| 2:2021cv00666 |
| April 16, 2021 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Contract: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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Filing 100
USCA Case Number re: #98 Notice of Appeal. Case number 21-16425, Ninth Circuit. (DXD)
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Filing 99
REPRESENTATION STATEMENT by National Payment Systems LLC re: #98 Notice of Appeal. (Giancana, Jeffrey)
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Filing 98
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #96 Order, #97 Clerks Judgment by National Payment Systems LLC. Filing fee received: $ 505.00, receipt number 0970-19813412. (Giancana, Jeffrey) *Modified to add linkage on 8/30/2021 (DXD).
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Filing 97
CLERK'S JUDGMENT - that pursuant to the Court's Order filed July 30, 2021, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed. (MAP)
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Filing 96
ORDER denying #2 Plaintiff Motion for Temporary Restraining Order and for Preliminary Injunction FURTHER ORDERED denying #41 Motion to Strike Portions of the Brian Goudie Declaration and Related Exhibits FURTHER ORDERED denying #43 Defendant's Motion to Strike Declaration of Stephen J. Scherf in Support of Motion for Preliminary Injunction FURTHER ORDERED Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay on Judgment FURTHER ORDERED denying #74 Plaintiff's Motion to Strike Declaration of Brian Goudie in Support of Defendant's Response to Plaintiffs Motion for Relief Regarding Defendant's Inability to Pay on Judgment FURTHER ORDERED denying #91 Defendant's Motion to Redact or Partially Seal Transcript FURTHER ORDERED directing the Clerk of Court to enter final judgment for Defendant and terminate this matter, the parties having put before this Court solely the limited issue of whether temporary injunctive relief was warranted. Signed by Judge John J Tuchi on 7/29/21. (MAP)
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Filing 95
SUPPLEMENT 6-30-21 Letter to Judge Tuchi by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 94
ORDER: IT IS HEREBY ORDERED vacating the Order setting a Scheduling Conference (Doc. #93 ) and vacating the Rule 16 Scheduling Conference set for August 19, 2021. Signed by Judge John J Tuchi on 6/22/2021. (JAMA)
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Filing 93
ORDER: Scheduling Conference set for 8/19/2021 at 09:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. (See attached Order for deadlines and details). Signed by Judge John J Tuchi on 6/17/2021. (JAMA)
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Filing 92
ANSWER to #1 Complaint by BSR Acquisition Company LLC.(Edwards, Derek)
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Filing 91
MOTION for Redaction or Partially Seal re: #68 Transcript, #69 Transcript by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Edwards, Derek)
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Filing 90
NOTICE TO FILER OF DEFICIENCY re: #89 Transcript Redaction Request. Defendant's Redaction Request does not fall under the five (5) approved Judicial Conference personal identifiers, which can automatically be redacted (minor's name, financial account number, social security number, date of birth, or home address). FOLLOW-UP ACTION REQUIRED: Please re-file your transcript redaction request as a Motion to the Court, if you still wish for the information to be redacted. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
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Filing 89
Transcript Redaction Request re: #68 Transcript, #69 Transcript by attorney Derek W Edwards. (Edwards, Derek)
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Filing 88
*NOTICE of Correspondence to Court by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey) *Modified to correct event on 6/2/2021 (MHW).
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Filing 87
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 5/27/2021. (JAMA)
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Filing 86
SEALED REPLY #58 SEALED MOTION for for Relief Regarding Defendant BSR Acquisition Company LLC's Inability to Pay on a Judgment by National Payment Systems LLC. (MAP)
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Filing 85
ORDER granting #83 Motion to Seal Reply to Plaintiff's Motion to Strike Declaration of Brian Goudie. Signed by Judge John J Tuchi on 5/27/21. (MAP)
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Filing 84
*FILED at Doc. #86 *SEALED LODGED Proposed Reply in Support of Plaintiff's Motion to Strike Declaration of Brian Goudie in Support of Defendant BSR's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment re: #83 MOTION to Seal Document (Reply in Support of Plaintiff's Motion to Strike Declaration of Brian Goudie in Support of BSR's Response to Motion for Relief Regarding Inability to Pay on a Judgment). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Giancana, Jeffrey) *Modified on 5/27/2021 (MAP).
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Filing 83
MOTION to Seal Document (Reply in Support of Plaintiff's Motion to Strike Declaration of Brian Goudie in Support of BSR's Response to Motion for Relief Regarding Inability to Pay on a Judgment) by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey)
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Filing 82
SEALED RESPONSE to Motion re: #74 MOTION to Strike Declaration of Brian Goudie in Support of BSR's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment by BSR Acquisition Company LLC. (MAP)
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Filing 81
ORDER granting #76 Joint Motion to Seal and #77 Motion to Seal. FURTHER ORDERED that the Clerk of Court shall seal the already-filed documents at Docs. #74 and #75 . FURTHER ORDERED that the Clerk of Court shall file under seal the document presently lodged under seal at Doc. #78 . Signed by Judge John J Tuchi on 5/26/21. (MAP)
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Filing 80
Corporate Disclosure Statement by BSR Acquisition Company LLC. (Edwards, Derek)
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Filing 79
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to BSR Acquisition Company LLC. (JAMA)
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Filing 78
*FILED at Doc. #82 *SEALED LODGED Proposed BSRs Response to NPS Motion to Strike Goudie Declaration re: #77 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Edwards, Derek) *Modified on 5/27/2021 (MAP).
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Filing 77
MOTION to Seal Document by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Edwards, Derek)
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Filing 76
Joint MOTION to Seal Document #75 Reply to Response to Motion, #74 MOTION to Strike Declaration of Brian Goudie in Support of BSR's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Edwards, Derek)
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Filing 75
*REPLY to Response to Motion re: #70 MOTION to Seal Document Defendant's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment filed by National Payment Systems LLC. (Giancana, Jeffrey) *Modified to Seal Pursuant to Doc. #81 on 5/27/2021 (MAP).
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Filing 74
*MOTION to Strike Declaration of Brian Goudie in Support of BSR's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey) *Modified to Seal Pursuant to Doc. #81 on 5/27/2021 (MAP).
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Filing 73
SEALED RESPONSE to Motion re: #58 MOTION for Relief Regarding Defendant BSR Acquisition Company LLC's Inability to Pay on a Judgment by BSR Acquisition Company LLC. (Attachments: #1 Declaration of Brian Goudie)(MAP)
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Filing 72
ORDER granting #70 Motion to Seal. FURTHER ORDERED that the Clerk of Court shall file under seal the document presently lodged under seal at Doc. #71 . Signed by Judge John J Tuchi on 5/19/21. (MAP)
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Filing 71
*FILED at Doc. #73 *SEALED LODGED Proposed Defendant's Response to Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay on a Judgment re: #70 MOTION to Seal Document Defendant's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment, #58 SEALED MOTION for for Relief Regarding Defendant BSR Acquisition Company LLC's Inability to Pay on a Judgment. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Attachments: #1 Declaration of Brian Goudie in Support of Response to Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay Judgment)(Edwards, Derek) *Modified on 5/19/2021 (MAP).
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Filing 70
MOTION to Seal Document Defendant's Response to Plaintiff's Motion for Relief Regarding Inability to Pay on a Judgment by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Edwards, Derek)
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Filing 69
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HEARING - Day 2 (Pages 168 - 330) Zoom Proceedings held on 05/10/2021, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (RAP)
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Filing 68
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER HEARING - Day 1 (Pages 1-167) Zoom Proceedings held on 05/07/2021, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (RAP)
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Filing 67
MEMORANDUM Letter to Judge Tuchi by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 66
TRANSCRIPT REQUEST by National Payment Systems LLC for proceedings held on May 7, 2021, May 10, 2021, Judge John J Tuchi hearing judge(s). (Giancana, Jeffrey)
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Filing 65
SERVICE EXECUTED filed by National Payment Systems LLC: Rule 4 Waiver of Service of Summons. Waiver sent on April 16, 2021 to BSR Acquisition Company, LLC by Derek W. Edwards, Attorney . (Giancana, Jeffrey)
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Filing 64
TRANSCRIPT REQUEST by BSR Acquisition Company LLC for proceedings held on 05/07/2021 and 05/10/2021, Judge John J. Tuchi hearing judge(s). (Edwards, Derek)
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Filing 63
Witness List by BSR Acquisition Company LLC. (DXD)
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Filing 62
Witness List by National Payment Systems LLC. (DXD)
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Filing 61
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Preliminary Injunction Hearing and Temporary Restraining Order Hearing re: Plaintiff National Payment Systems LLC d/b/a Boom Commerce's Motion for Temporary Restraining Order and for Preliminary Injunction - Day 2 (Doc. #2 ) held on 5/10/2021. Motion Argued. IT IS ORDERED taking this matter under advisement. Formal order to follow. (See attached PDF). (Court Reporter Elaine Cropper.) Hearing held 9:04 AM to 4:13 PM.(JAMA)
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Filing 60
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Preliminary Injunction Hearing and Temporary Restraining Order Hearing re: Plaintiff National Payment Systems LLC d/b/a Boom Commerce's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) held on 5/7/2021. Motion Argued. Court stands at recess until 9:00 a.m. (AZ Time), 5/10/2021. (See attached PDF). (Court Reporter Elaine Cropper.) Hearing held 10:37 AM to 5:02 PM.(JAMA)
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Filing 59
SEALED REPLY to Response to #43 SEALED MOTION to Strike #42 Declaration of Stephen J Scherf in Support of Motion for Preliminary Injunction by BSR Acquisition Company LLC. (Attachments: #1 Exhibit A)(LAD)
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Filing 58
SEALED MOTION for Relief Regarding Defendant BSR Acquisition Company LLC's Inability to Pay on a Judgment by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(LAD)
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Filing 57
SEALED RESPONSE/OPPOSITION to #43 SEALED MOTION to Strike #42 Declaration of Stephen J Scherf in Support of Motion for Preliminary Injunction by National Payment Systems LLC. (LAD)
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Filing 56
Sealed FIRST AMENDED PROPOSED FINDINGS OF FACT by National Payment Systems LLC. (LAD)
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Filing 55
ORDER - IT IS THEREFORE ORDERED granting Plaintiff's Motions to File Documents under Seal (Docs. #47 , #50 ). IT IS FURTHER ORDERED granting Defendant's Motion to File Documents under Seal (Doc. #53 ). IT IS FURTHER ORDERED that the Court will permit Plaintiff to file under seal its First Amended Proposed Findings of Fact and Conclusions of Law (Doc. #48 ) based on the Court's reasoning in its prior Order (Doc. #39 ). IT IS FURTHER ORDERED that the Clerk of Court shall file under seal the documents presently lodged under seal at Docs. #48 , #51 , #52 , and #54 . (See document for further details). Signed by Judge John J Tuchi on 5/7/2021. (LAD)
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Filing 54
* (Filed at Doc. #59 ) SEALED LODGED Proposed BSR Reply In Support of its Motion to Strike re: #53 MOTION for Leave to File BSR Reply in Support of its Motion to Strike . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Attachments: #1 Exhibit Exhibit A)(Edwards, Derek) Modified on 5/7/2021 (LAD).
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Filing 53
*MOTION to File BSR Reply in Support of its Motion to Strike Under Seal by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Edwards, Derek) *Modified event from Motion for Leave to File to Motion to Seal Document on 5/7/2021 (SCH).
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Filing 52
* (Filed at Doc. #58 ) SEALED LODGED Proposed Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay on a Judgment re: #50 MOTION to Seal Document (Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay on a Judgment). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey) Modified on 5/7/2021 (LAD).
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Filing 51
* (Filed at Doc. #57 ) SEALED LODGED Proposed Plaintiff's Opposition to Defendant's Motion to Strike Declaration of Stephen J. Scherf in Support of Plaintiff's Motion for Preliminary Injunction re: #47 MOTION to Seal Document (Plaintiff's Opposition to Defendant's Motion to Strike Declaration of Stephen J. Scherf). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Giancana, Jeffrey) Modified on 5/7/2021 (LAD).
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Filing 50
MOTION to Seal Document (Plaintiff's Motion for Relief Regarding Defendant's Inability to Pay on a Judgment) by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey)
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Filing 49
Exhibit List (First Amended) by National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 48
* (Filed at Doc. #56 ) SEALED LODGED Proposed Plaintiff's First Amended Proposed Findings of Fact and Conclusions of Law re: #33 MOTION to Seal Document (Plaintiff's Proposed Findings of Fact and Conclusions of Law). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Giancana, Jeffrey) Modified on 5/7/2021 (LAD).
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Filing 47
MOTION to Seal Document (Plaintiff's Opposition to Defendant's Motion to Strike Declaration of Stephen J. Scherf) by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey)
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Filing 46
Sealed PROPOSED FINDINGS OF FACT by BSR Acquisition Company LLC. (LAD)
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Filing 45
ORDER - IT IS THEREFORE ORDERED granting Defendant's Motion to File Documents under Seal (Doc. #36 ). IT IS FURTHER ORDERED that the Clerk of Court shall file under seal the document presently lodged under seal at Doc. #37 .Signed by Judge John J Tuchi on 5/6/2021. (LAD)
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Filing 44
** AMENDED BY #56 ** Sealed PROPOSED FINDINGS OF FACT by National Payment Systems LLC. (LAD) Modified on 5/7/2021 (LAD).
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Filing 43
* SEALED MOTION to Strike Declaration of Stephen J Scherf in Support of Motion for Preliminary Injunction by BSR Acquisition Company LLC. (Attachments: #1 Declaration)(LAD) *Modified to add text on 5/7/2021 (LAD).
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Filing 42
SEALED REPLY to Response to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by National Payment Systems LLC. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Exhibits A-J, #5 Exhibits K-S)(LAD)
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Filing 41
* SEALED MOTION to Strike Portions of the Declaration of Brian Goudie and Related Exhibits by National Payment Systems LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(LAD) *Modified to add text on 5/7/2021 (LAD).
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Filing 40
*Sealed Second Declaration of John Hynes in Further Support of #2 Motion for Temporary Restraining Order and for Preliminary Injunction by National Payment Systems LLC. (LAD) *Modified to add text on 5/7/2021 (LAD).
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Filing 39
ORDER - IT IS THEREFORE ORDERED granting Plaintiffs Motions to File Documents under Seal (Docs. #24 , #27 , #33 ). IT IS FURTHER ORDERED granting Defendant's Motion to File Documents under Seal (Doc. #31 ). IT IS FURTHER ORDERED that the Clerk of Court shall file under seal the documents presently lodged under seal at Docs. #26 , #28 , #29 , #32 , and #35 . (See document for further details). Signed by Judge John J Tuchi on 5/5/2021. (LAD)
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Filing 38
*RESPONSE in Opposition re: #41 SEALED MOTION to Strike Portions of the Declaration of Brian Goudie and Related Exhibits filed by BSR Acquisition Company LLC. (Edwards, Derek) *Modified to correct text on 5/10/2021 (MHW).
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Filing 37
* (Filed at Doc, #46 ) SEALED LODGED Proposed Findings of Facts and Conclusions of Law re: #36 MOTION for Leave to File BSR Findings of Facts and Conclusions of Law Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Edwards, Derek) Modified on 5/6/2021 (LAD).
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Filing 36
*MOTION to File BSR Findings of Facts and Conclusions of Law Under Seal by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order)(Edwards, Derek) *Modified event from Motion for Leave to File to Motion to Seal Document on 5/6/2021 (SCH).
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Filing 35
* (Filed at Doc. #44 ) SEALED LODGED Proposed Plaintiff's Proposed Findings of Fact and Conclusions of Law re: #33 MOTION to Seal Document (Plaintiff's Proposed Findings of Fact and Conclusions of Law). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Giancana, Jeffrey) Modified on 5/6/2021 (LAD).
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Filing 34
Exhibit List (Joint) by National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 33
MOTION to Seal Document (Plaintiff's Proposed Findings of Fact and Conclusions of Law) by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey)
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Filing 32
* (Filed at Doc. #43 ) SEALED LODGED Proposed Motion to Strike Stephen Scherf Declaration re: #31 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Attachments: #1 Exhibit Declaration of Brian Goudie)(Edwards, Derek) Modified on 5/6/2021 (LAD).
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Filing 31
MOTION to Seal Document by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order)(Edwards, Derek)
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Remark: Pro hac vice motion(s) granted for Melissa Ann Bozeman on behalf of Plaintiff National Payment Systems LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)
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Remark: 1 flash drive - as outlined in the Defendant BSR Acquisition Company LLC Notice re: Filing of Exhibit 5 (Declaration: Clover Station Recording) and Exhibit 10 (Declaration: Empire Payments Recording) filed under seal (Doc. #30 ) has been received, and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA)
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Filing 30
NOTICE re: Notice of Filing Exhibits 5 and 10 to the Declaration of Brian Goudie by BSR Acquisition Company LLC . (Edwards, Derek)
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Filing 29
* Filed at Doc. #42 ) SEALED LODGED Proposed Reply in Support of Plaintiff's Motion for Temporary Restraining Order and For Preliminary Injunction and Supporting Declarations and Exhibits re: #24 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Exhibit A-J, #5 Exhibit K-S)(Giancana, Jeffrey) Modified on 5/6/2021 (LAD).
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Filing 28
* (Filed at Doc, #41 ) SEALED LODGED Proposed Motion to Strike Portions of Goudie Declaration. Document to be filed by Clerk if #27 Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Giancana, Jeffrey) *Modified to link to Motion to Seal on 5/4/2021 (SCH). Modified on 5/6/2021 (LAD).
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Filing 27
MOTION to Seal Document (Motion to Strike) by National Payment Systems LLC. (Attachments: #1 Text of Proposed Order)(Giancana, Jeffrey)
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Filing 26
* (Filed at Doc. #40 )SEALED LODGED Proposed Second Declaration of John Hynes in Support of Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction re: #24 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Payment Systems LLC. (Giancana, Jeffrey) Modified on 5/6/2021 (LAD).
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Filing 25
ORDER - IT IS HEREBY ORDERED granting Defendant BSR Acquisition Company, LLC's Motion for Leave to File Non-Electronic Exhibits (Doc. #13 ). Defendant must comply with all Local Rules and Administrative Policies and Procedures in doing so. IT IS FURTHER ORDERED that Defendant BSR Acquisition Company, LLC shall file under seal a thumb drive containing the two audio recordings identified as Exhibit 5 and Exhibit 10 to the Declaration of Brian Goudie. Signed by Judge John J Tuchi on 05/03/2021. (MHW)
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Filing 24
MOTION to Seal Document by National Payment Systems LLC. (Attachments: #1 Exhibit Proposed Order)(Giancana, Jeffrey)
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Filing 23
STATEMENT of Joint Prehearing Statement by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 22
NOTICE re: of Filing of Declaration of Jason Patton by BSR Acquisition Company LLC . (Attachments: #1 Affidavit Declaration of Jason Patton)(Edwards, Derek)
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Filing 21
REPLY to Response to Motion re: #13 MOTION Leave to file Exhibits Non-Electronically re: #12 Joint MOTION to Seal Document filed by BSR Acquisition Company LLC. (Edwards, Derek)
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Filing 19
SEALED LODGED Proposed Corrected Exhibit 8 to Declaration of Brian Goudie. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by BSR Acquisition Company LLC. (Edwards, Derek)
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Filing 18
*Notice of Errata. Filed by BSR Acquisition Company LLC. (Edwards, Derek) *Modified from lodged to filed; sealed document restriction removed on 5/5/2021 (SCH).
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Filing 17
ORDER - IT IS HEREBY ORDERED granting the parties' Stipulation to File Documents Under Seal (Doc. #12 ). Defendant BSR Acquisition Company, LLC, may file the Response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, and the Declaration in support thereof, under seal. IT IS FURTHER ORDERED directing the Clerk of Court to file under seal the documents lodged under seal at Documents #14 and #15 . Signed by Judge John J Tuchi on 5/3/2021. (LAD)
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Filing 15
*SEALED Exhibits to Declaration of Brian Goudie (attached to #14 ) re: #2 Motion for Temporary Restraining Order and MOTION for Preliminary Injunction Filed by BSR Acquisition Company LLC. (Attachments: #1 Exhibit Declaration Exhibit 1, #2 Exhibit Declaration Exhibits 2-10, #3 Exhibit Declaration Exhibits 11-18, #4 Exhibit Declaration Exhibit 19_1, #5 Exhibit Declaration Exhibit 19_2, #6 Exhibit Declaration Exhibit 19_3, #7 Exhibit Declaration Exhibits 20-26, #8 Exhibit Declaration Exhibit 27, #9 Exhibit Declaration Exhibit 28, #10 Exhibit Declaration Exhibit 29, #11 Exhibit Declaration Exhibits 30-32)(Mutz, Roscoe) *Modified from lodged to filed per Order #17 ; NEF regenerated on 5/3/2021 (LAD)/(SCH).
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Filing 14
*SEALED RESPONSE to #2 Motion for Temporary Restraining Order Filed by BSR Acquisition Company LLC. (Attachments: #1 Affidavit Declaration of Brian Goudie)(Edwards, Derek) *Modified to convert from lodged to filed per #17 Order; NEF regenerated on 5/3/2021 (LAD)/(SCH).
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Filing 16
RESPONSE in Opposition re: #13 MOTION Leave to file Exhibits Non-Electronically re: #12 Joint MOTION to Seal Document filed by National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 13
MOTION Leave to file Exhibits Non-Electronically re: #12 Joint MOTION to Seal Document by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order)(Edwards, Derek)
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Filing 12
Joint MOTION to Seal Document by BSR Acquisition Company LLC. (Attachments: #1 Text of Proposed Order)(Edwards, Derek)
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Remark: Pro hac vice motion(s) granted for Derek W Edwards, Todd R Hambidge on behalf of Defendant BSR Acquisition Company LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 11
NOTICE of Appearance by Roscoe Jesse Mutz on behalf of BSR Acquisition Company LLC. (Mutz, Roscoe)
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Filing 10
ORDER: IT IS ORDERED setting a hearing on Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) on May 7, 2021 at 10:30 AM before District Judge John J. Tuchi in Courtroom 505, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. IT IS FURTHER ORDERED that the hearing will proceed entirely remotely via Zoom. No parties, counsel or witnesses shall appear in person. (See attached Order for additional details and deadlines). Signed by Judge John J Tuchi on 4/21/2021. (JAMA)
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Remark: Pro hac vice motion(s) granted for Daniel Carmeli on behalf of Plaintiff National Payment Systems LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Oliver David Griffin on behalf of Plaintiff National Payment Systems LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 9
ORDER: IT IS ORDERED that Plaintiff shall serve a copy of the Complaint (Doc. #1 ), Summons (Doc. #8 ), Motion (Doc. #2 ), and this Order on Defendant BSR Acquisition Company LLC as soon as possible, and in any case by the end of the day on April 22, 2021. Plaintiff shall file a certificate of service on the docket within two days of service. IT IS FURTHER ORDERED that Defendant shall file a Response to Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) by April 28, 2021. Plaintiff shall file any Reply by May 3, 2021. The Court will set a hearing on Plaintiff's Motion as necessary by separate Order. (See attached Order) Signed by Judge John J Tuchi on 4/19/2021. (JAMA)
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Filing 8
Summons Issued as to BSR Acquisition Company LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 7
SUMMONS Submitted by National Payment Systems LLC. (Giancana, Jeffrey)
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Filing 6
Filing fee paid, receipt number 0970-19369895. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-21-666-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM)
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Filing 5
Corporate Disclosure Statement by National Payment Systems LLC. (JAM)
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Filing 4
DECLARATION of Jonathan Beckman re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey) (JAM)
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Filing 3
DECLARATION of John Hynes re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff National Payment Systems LLC. (Giancana, Jeffrey) (JAM)
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Filing 2
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by National Payment Systems LLC. (Giancana, Jeffrey) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order 1, #11 Text of Proposed Order 2)(JAM)
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Filing 1
COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-19369895 filed by National Payment Systems LLC. (Giancana, Jeffrey) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(JAM)
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