PayPal Inc v. Market Development Specialists Inc et al
Plaintiff PayPal Inc. alleged that Defendants Market Development Specialists Inc. d/b/a Wintergreen Systems and John Levy accepted 56 payments from TigerDirect, Inc. totalling $560,000 and withdrew that sum from its PayPal account without delivering merchandise that TigerDirect had ordered. TigerDirect canceled its order and charged back its payment, forcing PayPal to cover the $560,000 chargeback.
| PayPal Inc |
| Market Development Specialists Inc and John Levy |
| 3:2008cv00268 |
| June 3, 2008 |
| U.S. District Court for the Northern District of Indiana |
| Contract: Other Office |
| Elkhart |
| Rudy Lozano |
| Christopher A Nuechterlein |
| None |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 26, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 CLERK'S ENTRY OF JUDGMENT against Market Development for the amount of $509,524.78. Count II against John Levy is dismisssed with prejudice (kds) |
| Filing 29 STATUS/SCHEDULING CONFERENCE held on 7/8/2009 before Judge Rudy Lozano. Pla appeared by atty Darren A. Craig. Dft appeared by atty Mark J. Adey. Market Development Specialists, Inc., consents to entry of final judgment against it in the amount of $509,524.78 on Count I of Plaintiff PayPal, Inc's, complaint for breach of contract. All parties jointly stipulate to a dismissal with prejudice of Count II of the complaint. PayPal, Inc. withdraws its 18 MOTION for Partial Summary Judgment, subject to its right to refile the motion for judgment if judgment is not entered against Market Development Specialists, Inc.. (Court Reporter Richard Ehrlich.) (tlr) |
| Filing 28 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now terminated. All further matters will now be handled by Judge Rudy Lozano unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm) |
| Filing 27 STATUS CONFERENCE held on 6/4/2009 before Judge Rudy Lozano. Pla appeared by atty Darren A. Craig. Dft appeared by atty Mark J. Adey. Status Conference is hereby continued to 7/8/2009 at 12:30 PM in US District Court - Hammond before Judge Rudy Lozano. (tlr) |
Filing 26
ORDER denying 25 Joint MOTION to Continue Status Conference Set for May 29, 2009, or in the Alternative, to Permit Parties to Attend Status Conference Telephonically filed by PayPal Inc, John Levy, Market Development Specialists Inc. Status Conference reset for 6/4/2009 at 1:00 PM in US District Court - Hammond before Judge Rudy Lozano. Signed by Judge Rudy Lozano on 5/26/09. (kds)
|
| Filing 25 Joint MOTION to Continue Status Conference Set for May 29, 2009, or in the Alternative, to Permit Parties to Attend Status Conference Telephonically by Plaintiff PayPal Inc, Defendants Market Development Specialists Inc, John Levy. (Craig, Darren) |
|
Filing 24
ORDER re 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim filed by PayPal Inc. This motion is taken under advisement and set for a Status Conference on 5/29/2009 at 12:30 PM in US District Court - Hammond before Judge Rudy Lozano. Signed by Judge Rudy Lozano on 5/4/09. (kds)
|
| Filing 23 REPLY to Response to Motion re 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim filed by PayPal Inc. (Craig, Darren) |
| Filing 22 RESPONSE in Opposition re 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim filed by Market Development Specialists Inc. (Attachments: # 1 Exhibit 1--Affidavit of John Levy, # 2 Exhibit A to Levy Affidavit, # 3 Exhibit B-1 to Levy Affidavit, # 4 Exhibit B-2 to Levy Affidavit)(Adey, Mark) |
| Filing 21 NOTICE of Change of Address by Darren A Craig and Notice of Change of Firm Name, and Email Address (Craig, Darren) |
| Filing 20 AFFIDAVIT in Support re 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim Designation of Evidence in Support filed by PayPal Inc. (Attachments: # 1 Affidavit Designation of Evidence Tab 1 - Affidavit of Siddharth Pershad, # 2 Exhibit A to Affidavit - Summary of all transactions between Wintergreen and TigerDirect, Inc., # 3 Exhibit B to Affidavit - Wintergreen withdrawals from PayPal Account between June 21, 2007 and June 27, 2007, # 4 Exhibit C to Affidavit - TigerDirect's Chargebacks occurring between August 14, 2007 and September 19, 2007)(Craig, Darren) |
| Filing 19 BRIEF in Support of 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim filed by PayPal Inc. (Craig, Darren) |
| Filing 18 MOTION for Partial Summary Judgment on PayPal's breach of contract claim by Plaintiff PayPal Inc. (Craig, Darren) |
| Filing 17 NOTICE by Market Development Specialists Inc, John Levy of Selection of Mediator (Adey, Mark) |
| Filing 16 NOTICE by PayPal Inc of Service of Rule 26 Initial Disclosures (Craig, Darren) |
| Filing 15 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/30/2008. before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Darren A Craig. Dft appeared by atty Mark J Adey. Any amendments to the pleadings to be filed by 10/30/2008. Discovery deadline is 6/1/2009. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/1/2009. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 5/1/2009. Initial Disclosures to be exchanged by 10/30/2008. Mediator Selection Deadline is 10/30/2008. Magistrate Consent forms due by 10/23/2008. (slm) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Adey, Mark) |
| Filing 13 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm) |
|
Filing 12
ORDER, ( Joint Proposed Discovery due by 9/15/2008., Rule 16 Preliminary Pretrial Conference set for 9/30/2008 11:30 AM in South Bend before Magistrate Judge Christopher A Nuechterlein.). Signed by Magistrate Judge Christopher A Nuechterlein on 8/25/2008. (slm)
|
| Filing 11 ANSWER to 1 Complaint, by Market Development Specialists Inc, John Levy.(Adey, Mark) |
| Filing 10 Corporate Disclosure Statement by Market Development Specialists Inc. (Adey, Mark) |
| Filing 9 AGREED NOTICE to extend time to file answer filed by Market Development Specialists Inc, John Levy ; answer due by 7/29/08. (Adey, Mark) |
| Filing 8 NOTICE of Appearance by Mark J Adey on behalf of Market Development Specialists Inc, John Levy (Adey, Mark) |
| Filing 6 Corporate Disclosure Statement by PayPal Inc identifying Corporate Parent eBay Inc for PayPal Inc.. (jcp) |
| Filing 5 Summons Issued as to Market Development Specialists Inc, John Levy. (jcp) |
| Filing 4 NOTICE of Appearance by James M Matthews on behalf of PayPal Inc (jcp) |
| Filing 3 NOTICE of Appearance by Darren A Craig on behalf of PayPal Inc (jcp) |
| Filing 2 NOTICE of Appearance by James Dimos on behalf of PayPal Inc (jcp) |
| Filing 1 COMPLAINT against Market Development Specialists Inc, John Levy (Filing fee $ 350.) Receipt #156027 filed by PayPal Inc. (Attachments: # 1 Exhibit 1 pages 1-25, # 2 Exhibit 1 pages 26-51, # 3 Exhibit 1 pages 52-78, # 4 Exhibit 1 pages 79-104, # 5 Exhibit 1 pages 105-124, # 6 Civil Cover Sheet)(jcp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
