Cooley v. First Data Merchant Services, LLC et al
Plaintiff: Blake Cooley and Louis Floyd
Defendant: John Doe Corporation, First Data Merchant Services, LLC, John Doe Corporation doing business as One Connect Processing, National Payment Systems, LLC and National Payment System OR L.L.C. doing business as One Connect Processing
Case Number: 1:2019cv01185
Filed: March 13, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Thomas W Thrash
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 Filing 68 REPLY BRIEF re #64 MOTION for Reconsideration re #63 Order on Motion for Order, filed by National Payment System OR L.L.C.. (Attachments: #1 Exhibit A - Subpoena)(Lilenfeld, David)
February 7, 2020 Filing 67 CLERK'S JUDGMENT entered dismissing action (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
February 7, 2020 Opinion or Order Filing 66 OPINION AND ORDER granting #60 Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr. on 2/6/2020. (anc)
February 7, 2020 Civil Case Terminated. (anc)
January 24, 2020 Filing 65 RESPONSE in Opposition re #64 MOTION for Reconsideration re #63 Order on Motion for Order, filed by Blake Cooley, Louis Floyd. (Paronich, Anthony)
January 9, 2020 Filing 64 MOTION for Reconsideration re #63 Order on Motion for Order, with Brief In Support by National Payment System OR L.L.C.. (Attachments: #1 Exhibit A - Plaintiffs' Discovery, #2 Exhibit B - Email, #3 Exhibit C - Email, #4 Exhibit D - Discovery Responses, #5 Exhibit E - Dispute Letter, #6 Exhibit F - Amended Responses)(Lilenfeld, David)
December 31, 2019 Opinion or Order Filing 63 ORDER granting #58 Motion for Order Requiring National Payment Systems OR, LLC to Produce Records Identifying Putative Class Members Per this Courts Order Following the Destruction of Records. Signed by Judge Thomas W. Thrash, Jr. on 12/31/2019. (anc)
December 30, 2019 Submission of #60 MOTION to Dismiss Pursuant to Rule 12(b)(7), to District Judge Thomas W. Thrash Jr.. (anc)
December 26, 2019 Filing 62 REPLY BRIEF re #60 MOTION to Dismiss Pursuant to Rule 12(b)(7) filed by First Data Merchant Services, LLC. (Knoop, Matthew)
December 11, 2019 Filing 61 RESPONSE in Opposition re #60 MOTION to Dismiss Pursuant to Rule 12(b)(7) filed by Blake Cooley and Louis Floyd. (Broderick, Edward) Modified on 12/12/2019 in order to add filing party (anc).
December 10, 2019 Submission of #58 MOTION for Order Requiring National Payment Systems OR, LLC to Produce Records Identifying Putative Class Members Per this Courts Order Following the Destruction of Records, to District Judge Thomas W. Thrash Jr.. (anc)
November 27, 2019 Filing 60 MOTION to Dismiss Pursuant to Rule 12(b)(7) with Brief In Support by First Data Merchant Services, LLC. (Attachments: #1 Memorandum in Support of First Data Merchant Services LLC's Motion to Dismiss)(Knoop, Matthew)
November 15, 2019 Opinion or Order Filing 59 OPINION AND ORDER DENYING Defendant First Data Merchant Services LLC's #15 Motion to Dismiss the First Amended Complaint, GRANTING Defendant National Payment Systems LLC's #27 Motion to Dismiss the First Amended Complaint, and GRANTING Defendant National Payment Systems OR, LLC's #48 Motion to Dismiss the First Amended Complaint is GRANTED. The Plaintiffs' claims against Defendant National Payment Systems LLC and Defendant National Payment Systems OR, LLC are DISMISSED WITHOUT PREJUDICE. Signed by Judge Thomas W. Thrash, Jr. on 11/14/2019. (sap)
November 15, 2019 Filing 58 MOTION for Order Requiring National Payment Systems OR, LLC to Produce Records Identifying Putative Class Members Per this Courts Order Following the Destruction of Records with Brief In Support by Blake Cooley, Louis Floyd. (Attachments: #1 Exhibit 1 -- Proof of Service on One Connect and Preservation Letter, #2 Exhibit 2 -- One Connect's Responses to Plaintiffs' Interrogatories, #3 Exhibit 3 -- Affidavit of Anthony I. Paronich, #4 Exhibit 4 -- Response to Subpoena served on Voiceless Technologies, #5 Exhibit 5 -- Correspondence Between Counsel Regarding SalesGenie Data, #6 Exhibit 6 -- Text of Proposed Order)(Paronich, Anthony)
October 16, 2019 Clerk's Notation re #55 Certificate of Interested Persons: OK, per TWT. (cmd)
October 15, 2019 Opinion or Order Filing 57 CONSENT PROTECTIVE ORDER. Signed by Judge Thomas W. Thrash, Jr. on 10/15/2019. (sap)
October 3, 2019 Filing 56 CERTIFICATE OF SERVICE by National Payment System OR L.L.C..(Lilenfeld, David)
October 3, 2019 Filing 55 Certificate of Interested Persons by National Payment System OR L.L.C.. (Lilenfeld, David)
October 2, 2019 Submission of #48 MOTION to Dismiss For Lack of Personal Jurisdiction to District Judge Thomas W. Thrash Jr. (sap)
October 1, 2019 Filing 54 REPLY BRIEF re #48 MOTION to Dismiss For Lack of Personal Jurisdiction filed by National Payment System OR L.L.C.. (Lilenfeld, David)
October 1, 2019 Filing 53 STIPULATION Consent Protective Order by Blake Cooley, Louis Floyd. (Paronich, Anthony)
September 30, 2019 Filing 52 CERTIFICATE OF SERVICE by National Payment System OR L.L.C..(Lilenfeld, David)
September 23, 2019 Filing 51 CERTIFICATE OF SERVICE by National Payment System OR L.L.C..(Lilenfeld, David)
September 17, 2019 Filing 50 RESPONSE in Opposition re #48 MOTION to Dismiss For Lack of Personal Jurisdiction filed by Blake Cooley, Louis Floyd. (Attachments: #1 Exhibit #1 - AmendedOregon SOS Amended Annual Report of National Payment Systems LLC, #2 Exhibit #2 - AmendedOregon SOS Amended Annual Report of National Payment Systems OR LLC)(Koval, Steven)
September 12, 2019 Filing 49 CERTIFICATE OF SERVICE by National Payment System OR L.L.C..(Lilenfeld, David)
September 3, 2019 Filing 48 MOTION to Dismiss For Lack of Personal Jurisdiction with Brief In Support by National Payment System OR L.L.C.. (Attachments: #1 Exhibit A (Oregan Secretary of State Information))(Lilenfeld, David)
August 20, 2019 Filing 47 Initial Disclosures by Louis Floyd. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment C (1 of 2), #3 Exhibit Attachment C (2 of 2))(Koval, Steven)
August 20, 2019 Filing 46 Initial Disclosures by Blake Cooley. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment C)(Koval, Steven)
August 19, 2019 Opinion or Order Filing 45 ORDER granting #41 Application for Admission of Andrew Heidarpour Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 8/19/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (sap)
August 16, 2019 APPROVAL by Clerks Office re: #41 APPLICATION for Admission of Andrew Heidarpour Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8858820). Documents for this entry are not available for viewing outside the courthouse.. Attorney Andrew W. Heidarpour added appearing on behalf of Blake Cooley (pmb)
August 15, 2019 Filing 44 Initial Disclosures by National Payment Systems, LLC.(Hutchins, John)
August 15, 2019 Filing 43 Initial Disclosures by First Data Merchant Services, LLC.(Knoop, Matthew)
August 13, 2019 Filing 42 Electronic Summons Issued as to National Payment System OR L.L.C. (sap)
August 12, 2019 Filing 41 APPLICATION for Admission of Andrew Heidarpour Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8858820). Documents for this entry are not available for viewing outside the courthouse.by Blake Cooley, Louis Floyd. (Koval, Steven)
August 12, 2019 Filing 40 PROPOSED SUMMONS filed by Blake Cooley, Louis Floyd (Koval, Steven)
August 7, 2019 Opinion or Order Filing 39 ORDER granting #31 Motion to Substitute Party. Signed by Judge Thomas W. Thrash, Jr. on 8/7/2019. (sap)
July 26, 2019 Submission of #31 MOTION to Substitute Party National Payment System OR L.L.C. D.B.A One Connect Processing to District Judge Thomas W. Thrash Jr. (sap)
July 16, 2019 Filing 38 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by First Data Merchant Services, LLC. (Knoop, Matthew)
July 16, 2019 Submission of #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Thomas W. Thrash Jr. (sap)
July 15, 2019 Filing 37 REPLY BRIEF re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by National Payment Systems, LLC. (Hutchins, John) Event Modified on 7/16/2019 (sap).
July 10, 2019 Opinion or Order Filing 36 ORDER granting #34 Motion for Extension of Time to File Initial Disclosures until August 15, 2019. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2019. (sap)
July 9, 2019 Opinion or Order Filing 35 ORDER GRANTING #26 Motion for Leave to File Matters Under Seal. Signed by Judge Thomas W. Thrash, Jr. on 7/9/2019. (cmd)
July 9, 2019 Filing 34 Consent MOTION for Extension of Time To File Initial Disclosures by First Data Merchant Services, LLC. (Knoop, Matthew)
July 9, 2019 Opinion or Order Filing 33 ORDER granting #30 Motion for Extension of Time. Plaintiffs' #28 Opposition shall be treated as timely filed. Signed by Judge Thomas W. Thrash, Jr. on 7/8/2019. (sap)
July 9, 2019 Opinion or Order Filing 32 ORDER granting #29 Motion to Commence Limited Discovery to Avoid the Destruction of Records that Identify Putative Class Members. Signed by Judge Thomas W. Thrash, Jr. on 7/8/2019. (sap)
July 8, 2019 Filing 31 MOTION to Substitute Party National Payment System OR L.L.C. D.B.A One Connect Processingby Blake Cooley, Louis Floyd. (Koval, Steven)
July 5, 2019 Filing 30 Unopposed MOTION for Extension of Time re: #28 Response in Opposition to Motion to Dismiss of National Payment Systems, LLC by Blake Cooley, Louis Floyd. (Attachments: #1 Text of Proposed Order)(Koval, Steven)
July 3, 2019 Filing 29 MOTION to Commence Limited Discovery to Avoid the Destruction of Records that Identify Putative Class Members by Blake Cooley, Louis Floyd. (Attachments: #1 Exhibit 1, Judge Thrash's Order in Mey v. Interstate National Dealer Services, Inc., #2 Exhibit 2, DOJ Chart of Retention Periods for Major Cellular Service Providers, #3 Exhibit 3, Proposed Order)(Koval, Steven)
June 30, 2019 Filing 28 RESPONSE in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blake Cooley, Louis Floyd. (Koval, Steven)
June 27, 2019 Submission of #26 MOTION for Leave to File Matters Under Seal re: #25 Notice of Filing to District Judge Thomas W. Thrash Jr. (sap)
June 13, 2019 Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by National Payment Systems, LLC. (Attachments: #1 Brief in Support of Motion to Dismiss First Amended Complaint)(Hutchins, John)
June 10, 2019 Submission of #15 MOTION to Dismiss Plaintiff's First Amended Complaint to District Judge Thomas W. Thrash Jr. (sap)
June 7, 2019 Filing 26 MOTION for Leave to File Matters Under Seal re: #25 Notice of Filing with Brief In Support by First Data Merchant Services, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Knoop, Matthew)
June 7, 2019 Filing 25 SEALED NOTICE Of Filing by First Data Merchant Services, LLC re #24 Reply (Knoop, Matthew) Modified on 7/9/2019 to remove "provisionally" per #35 Order. (cmd)
June 7, 2019 Filing 24 REPLY BRIEF re #15 MOTION to Dismiss Plaintiff's First Amended Complaint filed by First Data Merchant Services, LLC. (Attachments: #1 Exhibit Exhibit Slipsheet)(Knoop, Matthew) Event Modified on 6/10/2019 (sap).
June 4, 2019 Filing 23 Return of Service Executed by Blake Cooley, Louis Floyd. National Payment Systems, LLC served on 5/23/2019, answer due 6/13/2019. (Paronich, Anthony)
May 24, 2019 Filing 22 RESPONSE in Opposition re #15 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Blake Cooley, Louis Floyd. (Koval, Steven)
May 23, 2019 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time. The parties shall have 30 days from the appearance of Defendant National Payment Systems, LLCs by answer or motion pursuant to Federal Rule of Civil Procedure 12 to file Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a) and Local Rule 26.1 and the Joint Preliminary Report & Discovery Plan pursuant to Local Rule 16.2. Signed by Judge Thomas W. Thrash, Jr. on 5/23/19. (jpa)
May 22, 2019 Filing 20 Consent MOTION for Extension of Time To File Initial Disclosures and Joint Preliminary Report & Discovery Plan by First Data Merchant Services, LLC. (Attachments: #1 Text of Proposed Order)(Knoop, Matthew)
May 22, 2019 Opinion or Order Filing 19 ORDER denying as moot #10 Motion to Dismiss for Failure to State a Claim. Signed by Judge Thomas W. Thrash, Jr. on 5/21/2019. (sap)
May 20, 2019 Filing 18 Electronic Summons Issued as to National Payment Systems, LLC. (sap)
May 17, 2019 Filing 17 PROPOSED SUMMONS filed by Blake Cooley, Louis Floyd as to National Payment Systems, LLC (Paronich, Anthony)
May 16, 2019 Submission of #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Thomas W. Thrash Jr. (sap)
May 14, 2019 Clerk's Notation re #13 Corporate Disclosure Statement, #14 Certificate of Interested Persons: OK, per TWT. (cmd)
May 13, 2019 Opinion or Order Filing 16 ORDER granting #12 Application for Admission of Edward Anthony Broderick Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 5/10/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (sap)
May 10, 2019 Filing 15 MOTION to Dismiss Plaintiff's First Amended Complaint by First Data Merchant Services, LLC. (Attachments: #1 Brief, #2 Exhibit)(Knoop, Matthew)
May 10, 2019 Filing 14 Certificate of Interested Persons by First Data Merchant Services, LLC. (Knoop, Matthew)
May 10, 2019 Filing 13 Corporate Disclosure Statement by First Data Merchant Services, LLC identifying Corporate Parent First Data Corporation and Other Affiliate KKR & Co. L.P. for First Data Merchant Services, LLC.(Knoop, Matthew) Modified on 5/13/2019 (sap).
May 8, 2019 APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Edward Anthony Broderick Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8641047). Attorney Edward A. Broderick added appearing on behalf of Blake Cooley, Louis Floyd (pmb)
May 6, 2019 Filing 12 APPLICATION for Admission of Edward Anthony Broderick Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8641047)by Blake Cooley, Louis Floyd. (Koval, Steven)
April 26, 2019 Filing 11 First AMENDED COMPLAINT against First Data Merchant Services, LLC, John Doe Corporation, National Payment Systems, LLCwith Jury Demand filed by Blake Cooley, Louis Floyd. (Attachments: #1 Exhibit 1 -- Cooley First Data Application)(Paronich, Anthony) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
April 23, 2019 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by First Data Merchant Services, LLC. (Attachments: #1 Brief, #2 Exhibit A)(Knoop, Matthew)
April 10, 2019 Opinion or Order Filing 9 ORDER granting the parties' #8 Consent Motion for Extension of Time, until April 23, 2019, for defendant First Data Merchant Services, LLC to respond to #1 Plaintiff's Complaint. Signed by Judge Thomas W. Thrash, Jr. on 4/10/19. (ddm)
April 4, 2019 Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by First Data Merchant Services, LLC. (Attachments: #1 Text of Proposed Order)(Knoop, Matthew)
March 22, 2019 Opinion or Order Filing 7 ORDER GRANTING #4 Application for Admission of Matthew McCue Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 3/21/2019. (sap)
March 22, 2019 Opinion or Order Filing 6 ORDER GRANTING #3 Application for Admission of Anthony Paronich Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 3/21/2019. (sap)
March 20, 2019 APPROVAL by Clerks Office re: #3 APPLICATION for Admission of Anthony Paronich Pro Hac Vice (Application fee $ 150, receipt number 113E-8519271). Attorney Anthony Paronich added appearing on behalf of Blake Cooley (pmb)
March 20, 2019 APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Matthew McCue Pro Hac Vice (Application fee $ 150, receipt number 113E-8519310). Attorney Matthew McCue added appearing on behalf of Blake Cooley (pmb)
March 19, 2019 Filing 5 Return of Service Executed by Blake Cooley. First Data Merchant Services, LLC served on 3/19/2019, answer due 4/9/2019. (Koval, Steven)
March 18, 2019 Filing 4 APPLICATION for Admission of Matthew McCue Pro Hac Vice (Application fee $ 150, receipt number 113E-8519310)by Blake Cooley. (Koval, Steven)
March 18, 2019 Filing 3 APPLICATION for Admission of Anthony Paronich Pro Hac Vice (Application fee $ 150, receipt number 113E-8519271)by Blake Cooley. (Koval, Steven)
March 14, 2019 Filing 2 Electronic Summons Issued as to First Data Merchant Services, LLC. (eop)
March 13, 2019 Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Blake Cooley. (Filing fee $400.00, receipt number 113E-8509865) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified text on 3/14/2019 (eop).

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Search for this case: Cooley v. First Data Merchant Services, LLC et al
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Defendant: John Doe Corporation
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Defendant: First Data Merchant Services, LLC
Represented By: Matthew Scott Knoop
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Defendant: John Doe Corporation doing business as One Connect Processing
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Defendant: National Payment Systems, LLC
Represented By: John P. Hutchins
Represented By: Alixandria Lynn Davis
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Defendant: National Payment System OR L.L.C. doing business as One Connect Processing
Represented By: Brian Charles Huskey
Represented By: David M. Lilenfeld
Represented By: Robin L. Gentry
Represented By: Kennington Groff
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Plaintiff: Blake Cooley
Represented By: Steven Howard Koval
Represented By: Edward A. Broderick
Represented By: Matthew McCue
Represented By: Anthony Paronich
Represented By: Andrew W. Heidarpour
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Plaintiff: Louis Floyd
Represented By: Steven Howard Koval
Represented By: Edward A. Broderick
Represented By: Matthew McCue
Represented By: Anthony Paronich
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