Horvath v. Heartland Payment Systems LLC et al
| Jaroslav Horvath |
| Heartland Payment Systems LLC, Heartland Payment Solutions LLC, David L Green, Unknown Green, Cameron M Bready, Unknown Bready, David E Mangum, Unknown Mangum, Vincent Lombardo, Unknown Lombardo, Michael Brodnick, Unknown Brodnick, Marcus Dean, Unknown Dean and Unknown Parties |
| 2:2021cv01525 |
| September 6, 2021 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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Filing 30
ORDER that the parties' #29 stipulation of dismiss is granted. IT IS FURTHER ORDERED that the Clerk of Court shall dismiss this action with prejudice, with each party bearing their own attorneys' fees and costs. Signed by Judge Dominic W. Lanza on 5/23/2022. (ESG)
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| Filing 29 MOTION to Dismiss Case Stipulated Motion by Jaroslav Horvath. (Attachments: #1 Proposed Order Proposed Order of Dismissal)(Frenzinger, Kate) |
| Filing 28 MINUTE ENTRY for proceedings held before Magistrate Judge Michael T Morrissey: On April 28, 2022, the Court held separate Settlement Conferences with the parties. Appearing via video were: Attorney Kate Frenzinger on behalf of Plaintiff; Plaintiff Jaroslav Horvath; Attorney John Lassetter on behalf of Defendants, and representative Lauren Oldham for Defendants. A court reporter was not present, nor the Settlement Conference recorded. The parties reached a settlement. The parties are directed to file the proper dismissal documents no later than May 20, 2022 and deliver a copy to District Judge Dominic W. Lanza. Hearing held 1:30 p.m. to 5:06 p.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (rkt) |
| Filing 27 NOTICE of Service of Discovery filed by Cameron M Bready, Michael Brodnick, David L Green, Heartland Payment Systems LLC, Vincent Lombardo. (Lassetter, John) |
| Filing 26 NOTICE of Service of Discovery filed by Jaroslav Horvath. (Frenzinger, Kate) |
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Filing 25
SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 4/28/2022 at 01:30 PM by video teleconference before Magistrate Judge Michael T Morrissey. See attached Order for complete details. Signed by Magistrate Judge Michael T Morrissey on 3/10/22. (SMH)
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Filing 24
SCHEDULING ORDER: Discovery due by 11/18/2022. Dispositive motions due by 1/31/2023 [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/22/22. (MAW)
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| Filing 23 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Scheduling Conference held on 2/22/2022 at the request of counsel to discuss referral to a Magistrate Judge for settlement conference. Based on the discussion held this date this matter will be referred for settlement conference. Deadlines discussed and entered. Rule 16 Scheduling Order to issue. LATER: Magistrate Judge Michael T. Morrissey having been randomly drawn, IT IS ORDERED referring this matter to Magistrate Judge Morrissey for the purpose of conducting a settlement conference. Counsel are directed to contact said chambers within 14 days of today's date to schedule a hearing date and time. APPEARANCES: Kate Frenzinger (appearing telephonically) for Plaintiff. John Lassetter (appearing telephonically) for Defendants. (Court Reporter Teri Veres) Hearing held 9:35 AM to 9:40 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 22
ORDER: The Court has reviewed the parties' Joint Case Management Plan (Doc. #21 ). IT IS ORDERED setting Telephonic Scheduling Conference on 2/22/2022 at 09:30 AM before Judge Dominic W Lanza. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connections through the internet are not permitted. Ordered by Judge Dominic W Lanza on 2/18/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 21 REPORT of Rule 26(f) Planning Meeting by Jaroslav Horvath. (Frenzinger, Kate) |
| Filing 20 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kate Elizabeth Frenzinger. (Frenzinger, Kate) |
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Filing 19
ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than February 18, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/21/22. (MAW)
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| Filing 18 Corporate Disclosure Statement by Heartland Payment Systems LLC identifying Corporate Parent Global Payments Inc. for Heartland Payment Systems LLC. (Lassetter, John) |
| Filing 17 ANSWER to #8 Amended Complaint and Affirmative and Additional Defenses by Cameron M Bready, Michael Brodnick, David L Green, Heartland Payment Systems LLC, Vincent Lombardo.(Lassetter, John) |
| Filing 16 MINUTE ORDER: Pursuant to #11 Order, David E Mangum, Unknown Mangum (named as Jane Doe Mangum), Unknown Parties (named as Doe Entities 1-10, John and Jane Doe A-J), Marcus Dean and Unknown Dean (named as Jane Doe Dean) terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Remark: Pro hac vice motion(s) granted for John H Lassetter on behalf of Defendants Cameron M Bready, Michael Brodnick, David L Green, Heartland Payment Systems LLC, Vincent Lombardo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 15
ORDER: IT IS ORDERED that the parties' stipulation to dismiss Laura Green, Mary Bready, Nicole Lombardo, and Mystee Lynn Brodnick (the "Spouse Defendants") without prejudice (Doc. #14 ) is granted. IT IS FURTHER ORDERED that all claims and defenses asserted between Plaintiff and the Spouse Defendants are dismissed without prejudice. Signed by Judge Dominic W Lanza on 12/6/21. (MAW)
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| Filing 14 STIPULATION for Voluntary Dismissal Without Prejudice of Defendants Jane Doe Green, Jane Doe Bready, Jane Doe Lombardo, Jane Doe Brodnick by Jaroslav Horvath. (Frenzinger, Kate) |
| Filing 13 SERVICE EXECUTED filed by Jaroslav Horvath: Rule 4 Waiver of Service of Summons. Waiver sent on 11/15/2021 to Heartland Payment Systems, LLC fka Heartland Payment Solutions, LLC; David Green; Cameron Bready; Vincent Lombardo; Michael Brodnick . (Frenzinger, Kate) |
| Filing 12 SERVICE EXECUTED filed by Jaroslav Horvath: Notice of Service re: Preliminary Order (ECF 11) upon Defendants on 11/15/2021. (Frenzinger, Kate) |
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Filing 11
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on January 5, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/15/21. (MAW)
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| Filing 10 Summons Issued as to Cameron M Bready, Unknown Bready, Michael Brodnick, Unknown Brodnick, David L Green, Unknown Green, Heartland Payment Systems LLC, Unknown Lombardo, Vincent Lombardo, David E Mangum, Unknown Mangum, Unknown Parties. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by Jaroslav Horvath. (Frenzinger, Kate) |
| Filing 8 *Second AMENDED COMPLAINT against All Defendants filed by Jaroslav Horvath.(Frenzinger, Kate) *Modified to reflect "second" on 10/7/2021 (REK). |
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Filing 7
ORDER: On September 15, 2021, the Court identified various deficiencies in Plaintiff's allegations regarding the Court's diversity jurisdiction and ordered Plaintiff to file an amended complaint properly alleging the citizenship of each party by September 29, 2021. (Doc. 5.) On September 28, 2021, Plaintiff filed an amended complaint that corrects some, but not all, of the deficiencies. IT IS ORDERED that Plaintiff shall file a second amended complaint by October 6, 2021, correcting all of the noted deficiencies. Specifically, Plaintiff must allege his own citizenship and must identify all of the members of Defendant Heartland Payment Systems, LLC and allege each member's citizenship. IT IS FURTHER ORDERED that if Plaintiff fails to timely file a second amended complaint, the Clerk of the Court shall dismiss this case, without prejudice, for lack of subject matter jurisdiction. Ordered by Judge Dominic W Lanza on 9/28/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 6 *First AMENDED COMPLAINT against All Defendants filed by Jaroslav Horvath.(Frenzinger, Kate) *Modified text on 9/28/2021 (REK). |
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Filing 5
ORDER: IT IS ORDERED that within two weeks of the date of this order, Plaintiff shall file an amended complaint properly alleging the citizenship of each party. IT IS FURTHER ORDERED that if Plaintiff fails to timely file an amended complaint, the Clerk of the Court shall dismiss this case, without prejudice, for lack of subject matter jurisdiction [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/15/21. (MAW)
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| Filing 4 Additional Attachments to Main Document re: #1 Complaint (Civil Cover Sheet) by Plaintiff Jaroslav Horvath. (Frenzinger, Kate) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Jaroslav Horvath. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file Civil Cover Sheet. 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. (MCO) |
| Filing 2 Filing fee paid, receipt number 0970-19834975. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-1525-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19834975 filed by Jaroslav Horvath. (MCO) |
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