Alliant, LLC v. CenPos, LLC et al
| Alliant, LLC |
| CenPos, LLC and Elavon, Inc. |
| 1:2023cv23630 |
| September 21, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 REPLY to Response to Motion re #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) filed by CenPos, LLC, Elavon, Inc.. (Reetz, Clement) |
Filing 35
ORDER REASSIGNING CASE(S) TO NEW PAIRED MAGISTRATE JUDGE CHIEF MAGISTRATE JUDGE EDWIN G. TORRES. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Magistrate Judge Alicia M. Otazo-Reyes no longer assigned as presider/referral judge(s) in case. As of November 16, 2023, discovery matters shall no longer be referred to Magistrate Judge Alicia M. Otazo-Reyes. However, Magistrate Judge Otazo-Reyes will preside over those matters she has set for hearing as of the date of this Order. As of November 16, 2023, all discovery matters are referred to Chief Magistrate Judge Edwin G. Torres. Furthermore, pursuant to 28 U.S.C. 636(c)(1), the parties may consent to final disposition of motions, and trial and final disposition, by Magistrate Judge Torres. The deadline for submitting consent is as stated in the Court's Scheduling Order in each case. Signed by Judge Beth Bloom on 11/13/2023. See attached document for full details. (nan)
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| Set/Reset Deadlines/Hearings per 34 Order re #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3). Replies due by 11/16/2023. (amb) |
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Filing 34
PAPERLESS ORDER granting ECF No. #33 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion to Stay Case Pending Arbitration. Defendants shall file their Reply by November 16, 2023. Signed by Judge Beth Bloom (ebn)
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #32 Response in Opposition to Motion, #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) by CenPos, LLC, Elavon, Inc.. (Attachments: #1 Text of Proposed Order)(Reetz, Clement) |
| Filing 32 RESPONSE in Opposition re #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) filed by Alliant, LLC. Replies due by 11/9/2023. (Kodsi, Neil) |
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Filing 31
PAPERLESS ORDER granting #30 Motion for Extension of Time to File a Response to the Motion to Stay by November 2, 2023. Signed by Judge Beth Bloom (BB)
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| Filing 30 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) by Alliant, LLC. (Attachments: #1 Text of Proposed Order)(Kodsi, Neil) |
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Filing 29
PAPERLESS ORDER granting ECF No. #28 Defendants' Unopposed Motion to Stay All Deadlines Until Adjudication of ECF No. #19 Defendants' Motion To Stay Case Pending Arbitration. Signed by Judge Beth Bloom (ebn)
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| Filing 28 Unopposed MOTION to Stay re 24 Order on Motion for Extension of Time, #27 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, Unopposed Motion to Stay All Deadlines Until Adjudication of the Motion to Stay Pending Arbitration by CenPos, LLC, Elavon, Inc.. Responses due by 11/9/2023 (Attachments: #1 Text of Proposed Order)(Reetz, Clement) |
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Filing 27
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 12/21/2023., Discovery due by 1/9/2024., Expert Discovery due by 1/9/2024., Joinder of Parties due by 12/21/2023., Mediation Deadline 1/23/2024., In Limine Motions due by 4/22/2024., Dispositive Motions due by 1/31/2024., Motions due by 1/31/2024., Pretrial Stipulation due by 4/22/2024., Jury Trial set for 10/21/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/15/2024 01:45 PM in Miami Division before Judge Beth Bloom.) (Mediation Deadline 1/23/2024.), ORDER REFERRING CASE to Magistrate Judge all discovery matters. Signed by Judge Beth Bloom on 10/20/2023. See attached document for full details. (pc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 26
PAPERLESS ORDER granting Plaintiff's Unopposed Motion for Extension of Time to File their Response to Defendant's Motion to Stay Case Pending Arbitration, ECF No. #25 as to ECF No. #19 . Plaintiff shall file their Response by October 26, 2023. Signed by Judge Beth Bloom (ebn)
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| Reset Deadlines Per DE#26. Responses due by 10/26/2023 (cqs) |
| Reset Deadliness CenPos, LLC answer due 10/30/2023; Elavon, Inc. /answer due 10/30/2023. Per DE#24. (cqs) |
| Filing 25 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) by Alliant, LLC. (Attachments: #1 Text of Proposed Order proposed Order)(Kodsi, Neil) |
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Filing 24
PAPERLESS ORDER granting Unopposed Motion for Extension of Time, ECF No. #23 , by Defendants to respond to Complaint. Defendants shall file their Response by October 30, 2023. Signed by Judge Beth Bloom (ebn)
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| Filing 23 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by CenPos, LLC, Elavon, Inc.. Responses due by 10/26/2023 (Attachments: #1 Text of Proposed Order)(Reetz, Clement) |
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Filing 22
STIPULATED ORDER ENTERING PRELIMINARY INJUNCTION. Accordingly, it is ORDERED AND ADJUDGED as follows: The Stipulation, ECF No. #21 , is ADOPTED. Denying as Moot: ECF No. #9 EMERGENCY MOTION with Certification of Emergency included filed by Alliant, LLC. Signed by Judge Beth Bloom on 9/29/2023. See attached document for full details. (pc)
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| Filing 21 STIPULATION FOR ENTRY OF PRELIMINARY INJUNCTION by Alliant, LLC (Attachments: #1 Text of Proposed Order)(Kodsi, Neil) |
| Filing 20 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 9/29/2023 re #9 EMERGENCY MOTION with Certification of Emergency included filed by Alliant, LLC. Attorney Appearance(s): Nathan A. Shaman, Neil David Kodsi, Clement Ryan Reetz, Aiten McPherson. Other appearances: Michael Eisemen, Edsi McCoy. (9.29.23.ZOOM.AOR.8:30am) Total time in court: 10 minutes. (mdc) |
| Filing 19 Defendant's MOTION to Stay Case Pending Arbitration (per 9 USC 3) by CenPos, LLC, Elavon, Inc.. Responses due by 10/12/2023 (Reetz, Clement) |
| Filing 18 RESPONSE in Opposition re #9 EMERGENCY MOTION with Certification of Emergency included filed by CenPos, LLC. Replies due by 10/5/2023. (Reetz, Clement) |
| Filing 17 NOTICE of Attorney Appearance by Clement Ryan Reetz on behalf of CenPos, LLC, Elavon, Inc.. Attorney Clement Ryan Reetz added to party CenPos, LLC(pty:dft), Attorney Clement Ryan Reetz added to party Elavon, Inc.(pty:dft). (Reetz, Clement) |
| Filing 16 NOTICE by Alliant, LLC of Filing Verified Returns of Service (Attachments: #1 Exhibit Verified Return of Service as to CenPos, LLC, #2 Exhibit Verified Return of Service as to Elavon, Inc.) (Kodsi, Neil) |
| Filing 15 NOTICE by Alliant, LLC of Errata to Motion to Appear Pro Hac Vice, Consent Designation, and Request to Electronically Receive Filing [DE 6] (Kodsi, Neil) |
| Filing 14 NOTICE by Alliant, LLC of Filing Affidavits of Service (Attachments: #1 Affidavit Affidavit of Service as to CenPos, LLC, #2 Affidavit Affidavit of Service as to Elavon, Inc.) (Kodsi, Neil) |
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Filing 13
ORDER Setting Hearing on #9 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. The Motion Hearing is set for 9/29/2023 at 8:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/26/2023. See attached document for full details. (kvz)
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| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alliant, LLC. Elavon, Inc. served on 9/25/2023, response/answer due 10/16/2023. (Kodsi, Neil) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alliant, LLC. CenPos, LLC served on 9/25/2023, response/answer due 10/16/2023. (Kodsi, Neil) |
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Filing 10
ORDER REFERRING #9 Plaintiff's EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction to Magistrate Judge Alicia M. Otazo-Reyes for a Report and Recommendations. Signed by Judge Beth Bloom on 9/26/2023. See attached document for full details. (wc)
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| Filing 9 EMERGENCY MOTION with Certification of Emergency included by Alliant, LLC. Responses due by 10/10/2023 (Attachments: #1 Affidavit Declaration of N.Shaman in Support of Emergency Motion for Temp Restraining Order and Prelim Injunction, #2 Exhibit Ex 1 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #3 Exhibit Ex 2 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #4 Exhibit Ex 3 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #5 Exhibit Ex 4 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #6 Exhibit Ex 5 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #7 Exhibit Ex 6 to Dec of N.Shaman - CenPOS proposed Amendment, #8 Exhibit Ex 7 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #9 Exhibit Ex 8 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #10 Exhibit Ex 9 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #11 Exhibit Ex 10 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #12 Exhibit Ex 11 to Dec of N.Shaman - emails between Counsel for Alliant and Counsel for CenPos, #13 Affidavit Declaration of M.Eisenman in Support of Emergency Motion for Temp Restraining Order and Prelim Injunction, #14 Exhibit Ex 1 to Dec of M.Eisenman - Certificate of Formation of Bancard USA, LLC, #15 Exhibit Ex 2 to Dec of M.Eisenman - Amended Certificate of Formation/Registration, #16 Exhibit Ex 3 to Dec of M.Eisenman - Articles of Continuance, #17 Exhibit Ex 4 to Dec of M.Eisenman - Payment Processing Gateway Reseller Agreement, #18 Exhibit Ex 5 to Dec of M.Eisenman - emails with Chuck Kovach w-CenPos, #19 Exhibit Ex 6 to Dec of M.Eisenman - Feb 17 2014 email from Chuck Kovach w-CenPos, #20 Exhibit Ex 7 to Dec of M.Eisenman - July 4 2014 email from Chuck Kovach w-CenPos, #21 Affidavit Declaration of Esty McCoy in Support of Emergency Motion for Temp Restraining Order and Prelim Injunction, #22 Exhibit Ex 1 to Dec of Esty McCoy - Certificate of Restated Articles of Inc, #23 Exhibit Ex 2 to Dec of Esty McCoy - Certificate of Amended Name Change, #24 Exhibit Ex 3 to Dec of Esty McCoy - Articles of Conversion for Other Business Entity into FL LLC, #25 Exhibit Ex 4 to Dec of Esty McCoy_Co-Branded Term Sheet, #26 Exhibit Ex 5 to Dec of Esty McCoy - article from U.S. Banks website announcing the acquisition, #27 Exhibit Ex 6 to Dec of Esty McCoy - Nov. 30 2022 CenPos email, #28 Exhibit Ex 7 to Dec of Esty McCoy - November 2022 Letter from CenPos, #29 Exhibit Ex 8 to Dec of Esty McCoy - April 2023 Letter from CenPos, #30 Exhibit Ex 9 to Dec of Esty McCoy - CenPos Letter to Alliant merchant, #31 Exhibit Ex 10 to Dec of Esty McCoy - CenPos email to Alliant Merchant, #32 Exhibit Ex 11 to Dec of Esty McCoy - email chain between CenPOS and Alliant employees, #33 Affidavit Expert Declaration of David Leppek in Support of Emergency Motion for Temp Restraining Order and Prelim Injunction, #34 Exhibit Ex 1 to Dec of David Leppek - resume and curriculum vitae, #35 Text of Proposed Order proposed Order on Emergency Motion for Temporary Restraining Order and Prelim Injunction)(Kodsi, Neil) |
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Filing 8
PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nathan A. Shaman ; granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher R. Dryden ; granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Bradley C. Crosley. Signed by Judge Beth Bloom (jg01)
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Filing 7
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Signed by Judge Beth Bloom on 9/22/2023. See attached document for full details. (pc)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bradley C. Crosley. Filing Fee $ 200.00 Receipt # AFLSDC-16940792 by Alliant, LLC. Responses due by 10/10/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kodsi, Neil) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher R. Dryden. Filing Fee $ 200.00 Receipt # AFLSDC-16940787 by Alliant, LLC. Responses due by 10/10/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kodsi, Neil) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher R. Dryden. Filing Fee $ 200.00 Receipt # AFLSDC-16940776 by Alliant, LLC. Responses due by 10/6/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kodsi, Neil) |
| Filing 3 Summons Issued as to CenPos, LLC, Elavon, Inc.. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16937127, filed by Alliant, LLC. (Attachments: #1 Exhibit Payment Processing Gateway Reseller Agreement, #2 Exhibit November 2022 Letter, #3 Exhibit April 2023 Letter, #4 Civil Cover Sheet, #5 Summon(s), #6 Summon(s))(Kodsi, Neil) |
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