Custom Hair Designs by Sandy, LLC et al v. Central Payment Co., LLC
| Custom Hair Designs by Sandy, LLC and Skip's Precision Welding, LLC |
| Central Payment Co., LLC |
| 8:2017cv00310 |
| August 21, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Cheryl R. Zwart |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
344
MEMORANDUM AND ORDER - The Court grants the Unopposed Motion for Settlement, Filing No. 331 , and grants the Unopposed Motion for Attorney Fees, Expenses, and Service Award, Filing No. 333 , and approves Class Counsel's requests for attorne ys' fees of $28,000,000, expenses of $1,209,102.88, and service awards of $15,000 each for the Class Representatives. The Parties and the Settlement Administrator are directed to carry out the Settlement according to its terms . The Court hereby dismisses this action with prejudice as against the named Plaintiffs, all Class members, and Defendant, and the Parties are directed to take the necessary steps to effectuate the terms of the Settlement. The Parties shall bear their own costs except as provided by the Settlement. A separate judgment will be entered. Ordered by Senior Judge Joseph F. Bataillon. (MKR)
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Filing
337
ORDER - This matter is before the Court on parties' Joint Motion to Move the Date of the Final Approval Hearing in this matter from July 25, 2022, at 1:30 PM to July 27, 2022, at 11:00 AM. Filing No. 336 . Having found that good cause exists to move the date of the final fairness hearing, the Court hereby GRANTS the Motion. Accordingly, it is hereby ORDERED that the Final Approval Hearing is moved to July 27, 2022, at 11:00 AM. Ordered by Senior Judge Joseph F. Bataillon. (MKR)
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Filing
329
ORDER- The Unopposed Motion for Preliminary Approval of class action settlement and for direction of class notice is granted. The Court hereby preliminarily approves the Settlement and the terms embodied therein pursuant to Fed. R. Civ. P. 23(e)(1 ). The Court reappoints Plaintiffs Custom Hair Designs by Sandy, LLC and Skips Precision Welding, LLC as Class Representatives for the Class. The Court reappoints Wagstaff & Cartmell, LLP and appoints Webb, Klase & Lemond, LLC as Class Counse l for the Class. The Court hereby appoints Epiq Systems, Inc. as settlement administrator and directs it to carry out all duties and responsibilities of the settlement administrator as specified in the Settlement and herein. The Court will hold a final approval hearing on July 25, 2022, 2022 at 1:30 p.m. (Central time), in Courtroom 3, at the United States District Court for the District of Nebraska, 111 S. 18th Plaza, Omaha, Nebraska 68102. Ordered by Senior Judge Joseph F. Bataillon. (MKR)
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Filing
322
MEMORANDUM AND ORDER - IT IS ORDERED that as to Defendant's motion for protective order, (Filing No. 316 ), The subpoenas to depose Chang and Yan are not quashed, but they are limited as follows: a. The noticed depositions will last no lo nger than two hours each, and will be held on a date that is mutually convenient for the parties and the deponents. b. Due to the impending trial date, the parties will very strongly consider taking these depositions by Zoom or similar internet mea ns to avoid unnecessary travel time. c. Any background questioning of the witness will be limited to topics directly related to determining the admissibility of a document (e.g., showing that given the witness' job responsibilities, her state ments should be construed as statements of the defendant and therefore not hearsay). d. Plaintiffs will present to the deponent only those trial exhibits that CPAY contends are inadmissible, and as to those disputed exhibits, only those documents the deponent appears to have authored or received. Questioning regarding the purpose of sending or receiving the communications, or as to the substantive content or meaning of the documents, is beyond the scope of the parties' court-approved stipulation, (Filing No. 220 ), and is prohibited as untimely discovery under the deadlines set in the court's case progression order. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
297
MEMORANDUM AND ORDER: Motion to Exclude the Proposed Testimony of Steve W. Browne, Filing No. 227, filed by defendant, is denied. Motion for Partial Summary Judgment on Defendant's Liability for Express Breach of Contract, Filing No. 232, filed by plaintiffs, is denied. Motion to Exclude All Testimony of Patrick Moran and Limited Testimony of Ian Ratner, Filing No. 234, filed by plaintiffs, is denied. Motion for Partial Summary Judgment, Filing No. 238, filed by defendant, is denied. Motion to Decertify the Class, Filing No. 242, filed by defendant, is denied. Motion to continue trial, Filing No. 287, Filed by defendant, is denied. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
288
MEMORANDUM AND ORDER that the Defendant's motion to stay to compel arbitration, Filing No. 187 is denied. Defendant's motion to amend answer, Filing No. 191 is denied. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
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Filing
223
FINAL PROGRESSION ORDER (AMENDED) - IT IS ORDERED that the parties' joint motion to extend progression deadlines is granted. (Filing No. 222 ). The status to discuss case progression, the parties' interest in settlement, and the trial a nd pretrial conference settings currently set for September 14, 2021 at 10:00 a.m. remains set for that time and date. Counsel shall use the case conference instructions assigned to this case to participate in the telephonic status conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
217
AMENDED FINAL PROGRESSION ORDER - IT IS ORDERED that parties' joint motion to extend progression deadlines is granted. (Filing No. 216 ). The unexpired deadlines in the final progression order are extended as follows: The status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings currently set for September 14, 2021 at 10:00 a.m. remains set for that time and date. Counsel shall use the case conference instructions assigned to this case to participate in the telephonic status conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
206
AMENDED PROGRESSION ORDER - The case is before the court on the parties' joint motion to extend progression deadlines (Filing No. 205 ). Being fully advised, the motion (Filing No. 205 ) is granted. The status conference to discuss case pro gression, the parties' interest in settlement, and the trial and pretrial conference settings currently set for September 14, 2021 at 10:00 a.m. remains set for that time and date. Counsel shall use the case conference instructions assigned to this case to participate in the telephonic status conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
169
MEMORANDUM AND ORDER: CPAY's motion to stay proceedings pending appeal, Filing No. 159, is granted. Plaintiffs' Motion for Leave to File a Sur-Reply, Filing No. 167, is granted. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
142
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: Plaintiffs' motion for class certification, Filing No. 89 , is granted. The Court certifies the following class: All of CPAY's customers that, from January 1, 2010, to the present (a ) were assessed the TSSNF Fee (a/k/a TSYS Network Fee); (b) were assessed the PCI Noncompliance Fee; (c) had their contractual credit card discount rates increased above their contractual rate by CPAY; and/or (d) had credit card transactions shif ted by CPAY from lower-cost rate tiers to higher-cost rate tiers. The Court appoints the following attorney as lead counsel for the proposed class: Tyler W. Hudson, Wagstaff & Cartmell LLP, 4740 Grand Avenue, Suite 300, Kansas City, MO 64112. Def endant's motion to file a sur-reply brief and/or strike evidence, Filing No. 129 with reference to Filing No. 89 , is denied. Defendant's motion to strike the testimony of Karl J. Borden, Filing No. 99 , is denied. Defendant's motion for summary judgment, Filing No. 117 , is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
111
ORDER that the Plaintiffs' deadline for filing a reply in support of the class certification motion, (Filing No. 89 ), is September 16, 2019. If Defendant chooses to have the court consider its anticipated motion for summary judgment along with the motion for class certification, that summary judgment motion shall be filed on or before September 16, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
87
MEMORANDUM AND ORDER that the Defendants' motion to dismiss, Filing No. 54 , is denied. Defendant's motion to strike, Filing No. 71 , is granted. Plaintiff's objection to the magistrate's order, Filing No. 77 , is granted. The report and recommendation of the magistrate judge, Filing No. 76 , is overruled. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
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Filing
85
ORDER - For the reasons stated on the record during today's hearing, (Filing No. 84 , audio file), IT IS ORDERED that Plaintiff's request for a modification of the current progression schedule, (Filing No. 83 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
76
ORDER - For the reasons stated on the record, Plaintiff's request for Defendant's data for fees it collected for credit card payment processing services provided to all of Defendant's customers dating back to Defendant's ince ption in 2006, (see Filing No. 75 , audio file), is denied as irrelevant and disproportionate to the needs of this case. The Progression Order as to class certification is amended as follows: a. The deadlines for complete expert disclosures for a ll experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s) : May 15, 2019 For defendant(s): June 14, 2019 b. The deposition dead line is July 15, 2019. c. The deadline for filing a motion for class certification is July 30, 2019. The deadline for responding to a motion for class certification is August 30, 2019, with any reply due September 16, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
58
PROGRESSION ORDER that the parties' joint request to extend progression deadlines is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
44
PROGRESSION ORDER that the parties' joint motion to extend certain progression deadlines (Filing No. 43 ) is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
41
PROGRESSION ORDER - that the parties' joint motion to extend certain progression deadlines (Filing No. 40 ) is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
38
AMENDED PROGRESSION ORDER granting 37 Email Motion. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)
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Filing
34
ORDER granting 32 Stipulation for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
31
ORDER granting 30 Joint Stipulation. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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