Merchant Payment Solutions, LLC v. West Payments LLC et al
Plaintiff: Merchant Payment Solutions, LLC
Defendant: West Payments, LLC, Trio Technologies, LLC a Nevada limited liability company doing business as Trio Payment Systems, Ricky Beard, FFS Data Corporation, Olan Beard, CML Management Services LLC, Cynthia Lambert and Does 1-10
Case Number: 1:2023cv00438
Filed: October 30, 2023
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: DERRICK K WATSON
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2023 Opinion or Order Filing 21 FIRST STIPULATION AND ORDER EXTENDING DEADLINE FOR SERVED DEFENDANTS WEST PAYMENTS, LLC; TRIO TECHNOLOGIES, LLC, dba TRIO PAYMENT SYSTEMS; and RICKY BEARD TO ANSWER OR OTHERWISE RESPOND - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/28/2023. Defendants Ricky Beard; Trio Technologies, LLC; and West Payments, LLC answer due 1/16/2024.(jni)
December 19, 2023 Filing 20 SUMMONS Returned Executed by Merchant Payment Solutions, LLC. CML Management Services LLC served on 12/11/2023. (Huber, James)
December 19, 2023 Filing 19 SUMMONS Returned Executed by Merchant Payment Solutions, LLC. Ricky Beard served on 12/2/2023. (Huber, James)
December 19, 2023 Filing 18 SUMMONS Returned Executed by Merchant Payment Solutions, LLC. West Payments, LLC served on 12/2/2023. (Huber, James)
December 19, 2023 Filing 17 SUMMONS Returned Executed by Merchant Payment Solutions, LLC. Trio Technologies, LLC served on 12/2/2023. (Huber, James)
December 19, 2023 Filing 16 WAIVER OF SERVICE Returned Executed by Merchant Payment Solutions, LLC. Olan Beard waiver sent on 11/29/2023 11/28/2023, answer due 1/29/2024. (Huber, James) Modified on 12/19/2023 (eta).
December 19, 2023 Filing 15 WAIVER OF SERVICE Returned Executed by Merchant Payment Solutions, LLC. FFS Data Corporation waiver sent on 11/29/2023 11/28/2023, answer due 1/29/2024. (Huber, James) Modified on 12/19/2023 (eta).
November 30, 2023 Filing 14 EO: In order to allow for service of the First Amended Complaint and for the Defendants to respond to the First Amended Complaint, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 12/27/2023 to 3/12/2024 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) Modified on 12/1/2023 (wrp1).
November 9, 2023 Filing 13 First AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL; (Exhibits A & B attached) against All Defendants, filed by Merchant Payment Solutions, LLC.(Luciani, Matthew) Modified on 11/13/2023 (eta).
November 2, 2023 Opinion or Order Filing 12 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MATTHEW DANIEL LUCIANI, ESQ. re #10 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/2/2023. (eta)
November 2, 2023 Opinion or Order Filing 11 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JAMES CANNON HUBER, ESQ. re #9 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/2/2023. (eta)
November 2, 2023 Filing 10 MOTION for Pro Hac Vice for Matthew Daniel Luciani Filing fee $ 300, receipt number CHIDC-2915603.James Dennis DiPasquale appearing for Plaintiff Merchant Payment Solutions, LLC (DiPasquale, James)
November 2, 2023 Filing 9 MOTION for Pro Hac Vice for James Cannon Huber Filing fee $ 300, receipt number AHIDC-2915601.James Dennis DiPasquale appearing for Plaintiff Merchant Payment Solutions, LLC (DiPasquale, James)
October 30, 2023 Filing 8 Summons Issued as to West Payments, LLC, Trio Technologies, LLC, Ricky Beard, FFS Data Corporation, Olan Beard, CML Management Services LLC, Cynthia Lambert. (jni)
October 30, 2023 Filing 7 First Corporate Disclosure Statement by Merchant Payment Solutions, LLC. (DiPasquale, James)
October 30, 2023 Filing 6 Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) Modified on 10/31/2023 (eta).
October 30, 2023 Filing 5 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni)
October 30, 2023 Opinion or Order Filing 4 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/27/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/30/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
October 30, 2023 Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00438 DKW-WRP on all further pleadings. (jni)
October 30, 2023 Filing 2 Summons (Proposed) (DiPasquale, James)
October 30, 2023 Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 402 receipt number AHIDC-2913638.), filed by Merchant Payment Solutions, LLC.(DiPasquale, James) Modified on 10/30/2023 (jni)

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Plaintiff: Merchant Payment Solutions, LLC
Represented By: James Dennis DiPasquale
Represented By: James Cannon Huber
Represented By: Matthew Daniel Luciani
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Defendant: West Payments, LLC
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Defendant: Trio Technologies, LLC a Nevada limited liability company doing business as Trio Payment Systems
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Defendant: Ricky Beard
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Defendant: FFS Data Corporation
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Defendant: Olan Beard
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Defendant: CML Management Services LLC
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Defendant: Cynthia Lambert
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Defendant: Does 1-10
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