BACCAY v. HEARTLAND PAYMENT SYSTEMS, LLC et al
Plaintiff: JOSEPHINE E. BACCAY
Defendant: HEARTLAND PAYMENT SYSTEMS, L.L.C. and HEARTLAND PAYMENT SOLUTIONS, INC.
Case Number: 3:2017cv07779
Filed: October 3, 2017
Court: US District Court for the District of New Jersey
Office: Trenton Office
County: XX US, Outside State
Presiding Judge: Lois H Goodman
Referring Judge: Freda L Wolfson
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. ยง 1681
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2019 Filing 47 Transmittal Letter for remanded case to Superior Court of California, Sacramento, 720 9th Street Sacramento, CA 95814. Mailed certified copy of the Order remanding case. (mps)
January 28, 2019 Opinion or Order Filing 46 ORDER that Defendants' #36 Motion for Summary Judgment is granted in part and denied in part. Counts II through IV of Plaintiff's Complaint are dismissed with prejudice. Allegations regarding a "summary of rights" claim in Plaintiff's Fair Credit Reporting Act ("FCRA") claim, Count I, are struck from the Complaint. Solutions is dismissed from the case. Plaintiff's FCRA claim against HPS is remanded to the Superior Court of California, Sacramento. Signed by Judge Freda L. Wolfson on 1/28/2019. (mps)
January 28, 2019 Filing 45 OPINION filed. Signed by Judge Freda L. Wolfson on 1/28/2019. (mps)
January 10, 2019 Filing 44 Letter from Amber Spataro. (SPATARO, AMBER)
January 10, 2019 ATTENTION COUNSEL: The Telephone Conference Call scheduled for 1/15/19 and the Settlement Conference scheduled for 1/30/19 have been cancelled. (if, )
August 29, 2018 Opinion or Order Filing 43 TEXT ORDER that the telephonic status conference scheduled for 08/29/2018 is hereby cancelled. So ordered by Magistrate Judge Lois H. Goodman on 08/29/2018. (Gonzalez, P)
July 30, 2018 Filing 42 REPLY BRIEF to Opposition to Motion filed by HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C. re #36 MOTION for Summary Judgment (Attachments: #1 Supplemental Certification of Steven J. Rosenwasser, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Certificate of Service)(SPATARO, AMBER)
July 23, 2018 Filing 41 MEMORANDUM in Opposition filed by JOSEPHINE E. BACCAY re #36 MOTION for Summary Judgment (Attachments: #1 Statement Plaintiff's Response to Statement of Material Facts Not in Dispute)(SARNELLI, JENNIFER)
July 9, 2018 Opinion or Order Filing 40 LETTER ORDER granting stay. Parties are to advise within 5 days of decision on Summary Judgment. Signed by Magistrate Judge Lois H. Goodman on 7/9/2018. (mps)
June 28, 2018 Filing 39 Letter from Jillian Szymonifka. (SZYMONIFKA, JILLIAN)
June 26, 2018 Reset Deadlines as to #36 MOTION for Summary Judgment . Motion reset for 8/6/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps)
June 25, 2018 Filing 38 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #36 MOTION for Summary Judgment . (SARNELLI, JENNIFER)
June 22, 2018 Opinion or Order Filing 37 Discovery Confidentiality Order. Signed by Magistrate Judge Lois H. Goodman on 6/22/2018. (km)
June 20, 2018 Filing 36 MOTION for Summary Judgment by HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C.. Responses due by 7/6/2018 (Attachments: #1 Brief, #2 Statement of Undisputed Facts, #3 Certification of Steven Rosenwasser, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Text of Proposed Order, #15 Certificate of Service)(SPATARO, AMBER)
June 20, 2018 Set Deadlines as to #36 MOTION for Summary Judgment . Motion set for 7/16/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh)
June 19, 2018 Filing 35 Letter from Jillian L. Szymonifka to Magistrate Judge Lois H. Goodman. (Attachments: #1 Certification, #2 Proposed Discovery Confidentiality Order)(mfr)
May 23, 2018 Opinion or Order Filing 34 PRETRIAL SCHEDULING ORDER: Settlement Conference set for 1/30/2019 10:00 AM in Trenton - Courtroom 7E before Magistrate Judge Lois H. Goodman. Counsel and parties with full authority to settle are to be present. First Telephone Status Conference set for 8/29/2018 01:30 PM before Magistrate Judge Lois H. Goodman. Defendants' counsel is to initiate the call. Second Telephone Status Conference set for 1/15/2019 02:30 PM before Magistrate Judge Lois H. Goodman. Plaintiff's counsel is to initiate the call. Fact Discovery due by 11/6/2018. Class Certification Motions and Dispositive Motions due by 3/8/2019, returnable 4/1/2019. Signed by Magistrate Judge Lois H. Goodman on 5/23/2018. (mps)
May 9, 2018 Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Initial Pretrial Conference held on 5/9/2018. (if, )
May 8, 2018 Filing 33 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney RYAN STEPHEN CARLSON terminated. (CARLSON, RYAN)
May 8, 2018 Filing 32 NOTICE of Appearance by JAMES STUART NOTIS on behalf of JOSEPHINE E. BACCAY (NOTIS, JAMES)
May 7, 2018 ATTENTION COUNSEL: The Initial Conference scheduled for 5/9/18 at 3:00 p.m. with Magistrate Judge Lois H. Goodman has been rescheduled to 12:00 p.m. (if, )
May 4, 2018 ATTENTION COUNSEL: The Initial Conference scheduled for 5/9/18 at 3:00 p.m. with Magistrate Judge Lois H. Goodman will be held IN PERSON not via Conference Call. (if, )
April 12, 2018 Filing 31 Substitution of Attorney - Attorney KIRSTEN MCCAW GROSSMAN terminated.. (SPATARO, AMBER)
April 12, 2018 Filing 30 NOTICE of Appearance by JILLIAN LEE SZYMONIFKA on behalf of HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C. (SZYMONIFKA, JILLIAN)
April 12, 2018 Filing 29 NOTICE of Appearance by AMBER M. SPATARO on behalf of HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C. (SPATARO, AMBER)
April 11, 2018 Opinion or Order Filing 28 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 5/9/2018 03:00 PM before Magistrate Judge Lois H. Goodman via Conference Call. Plaintiff's counsel to initiate the call. Signed by Magistrate Judge Lois H. Goodman on 4/11/2018. (mps)
February 7, 2018 Filing 27 Notice of Request by Pro Hac Vice Shaun Setareh and H. Scott Leviant to receive Notices of Electronic Filings. (SARNELLI, JENNIFER)
February 7, 2018 Pro Hac Vice counsel, SHAUN SETAREH and H. SCOTT LEVIANT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mps)
January 24, 2018 Pro Hac Vice fee of $300 received as to Shaun Setareh, Esq. and H. Scott Leviant, Esq., receipt number TRE088202 (mps)
January 23, 2018 Opinion or Order Filing 26 ORDER granting #25 Motion for Leave to Appear Pro Hac Vice as to Shaun Setareh, Esq. and H. Scott Leviant, Esq. Signed by Magistrate Judge Lois H. Goodman on 1/23/2018. (mps)
January 18, 2018 Set Deadlines as to #25 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/20/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km)
January 17, 2018 Filing 25 MOTION for Leave to Appear Pro Hac Vice by JOSEPHINE E. BACCAY. (Attachments: #1 Certification of Jennifer Sarnelli, #2 Declaration of Shaun Setareh, #3 Declaration H. Scott Leviant, #4 Text of Proposed Order Granting Pro Hac Vice Admission for Shaun Setareh and H. Scott Leviant)(SARNELLI, JENNIFER)
January 17, 2018 Filing 24 NOTICE of Appearance by JENNIFER SARNELLI on behalf of JOSEPHINE E. BACCAY (SARNELLI, JENNIFER)
January 16, 2018 Pro Hac Vice counsel, CHAD LENNON, FREDRIC J. BOLD, JOSHUA F THORPE and STEVEN J. ROSENWASSER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mps)
January 12, 2018 Filing 23 Notice of Request by Pro Hac Vice Chad Lennon to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8395093.) (GROSSMAN, KIRSTEN)
January 12, 2018 Filing 22 Notice of Request by Pro Hac Vice Fredric J. Bold, Jr. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8395064.) (GROSSMAN, KIRSTEN)
January 12, 2018 Filing 21 Notice of Request by Pro Hac Vice Joshua F. Thorpe to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8395037.) (GROSSMAN, KIRSTEN)
January 12, 2018 Filing 20 Notice of Request by Pro Hac Vice Steven J. Rosenwasser to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8394943.) (GROSSMAN, KIRSTEN)
January 10, 2018 Opinion or Order Filing 19 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice as to Steven J. Rosenwasser, Esq., Joshua F. Thorpe, Esq., Fredric J. Bold, Jr., Esq., and Chad Lennon, Esq. Signed by Magistrate Judge Lois H. Goodman on 1/10/2018. (mps)
December 20, 2017 Set Deadlines as to #18 Consent MOTION for Leave to Appear Pro Hac Vice with Certification of Kirsten McCaw Grossman in Support of Pro Hac Admissions. Motion set for 1/16/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps)
December 19, 2017 Filing 18 Consent MOTION for Leave to Appear Pro Hac Vice with Certification of Kirsten McCaw Grossman in Support of Pro Hac Admissions by HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C.. (Attachments: #1 Certification of Steven J. Rosenwasser, #2 Certification of Joshua F. Thorpe, #3 Certification of Fredric J. Bold, Jr., #4 Certification Chad Lennon)(GROSSMAN, KIRSTEN)
December 19, 2017 Filing 17 NOTICE of Appearance by RYAN STEPHEN CARLSON on behalf of HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C. (CARLSON, RYAN)
December 19, 2017 Filing 16 NOTICE of Appearance by KIRSTEN MCCAW GROSSMAN on behalf of HEARTLAND PAYMENT SOLUTIONS, INC., HEARTLAND PAYMENT SYSTEMS, L.L.C. (GROSSMAN, KIRSTEN)
October 3, 2017 Filing 15 Certified Copy of Transfer Order and docket received, Case transferred in from District of California Eastern; Case Number 2:17-cv-01356. Original file certified copy of transfer order and docket sheet received.
October 3, 2017 Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (mmh)
October 2, 2017 Opinion or Order Filing 14 ORDER GRANTING MOTION TO TRANSFER VENUE signed by District Judge John A. Mendez on 9/29/17: This case will proceed in the U.S. District Court for the District of New Jersey. (Kaminski, H)
September 27, 2017 Filing 13 MINUTE ORDER: The hearing on the motion(s) now calendared for October 3, 2017 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H)
September 19, 2017 Filing 12 STATEMENT of NON-OPPOSITION by Josephine E. Baccay to #5 Motion to Change Venue. (Setareh, Chaim)
September 1, 2017 Filing 11 JOINT STATUS REPORT by Josephine E. Baccay. (Setareh, Chaim)
July 19, 2017 Opinion or Order Filing 10 PRO HAC VICE ORDER signed by District Judge John A. Mendez on 7/18/17. Added attorney Steven J. Rosenwasser for Heartland Payment Solutions, Inc. and Heartland Payment Systems, LLC.(Mena-Sanchez, L)
July 19, 2017 Opinion or Order Filing 9 PRO HAC VICE ORDER signed by District Judge John A. Mendez on 7/18/17. Added attorney Chad K. Lennon for Heartland Payment Solutions, Inc. and Heartland Payment Systems, LLC. (Mena-Sanchez, L)
July 18, 2017 Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC for attorney Chad K. Lennon to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7163457) (Vartanian, Kristapor)
July 18, 2017 Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC for attorney Steven J. Rosenwasser to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7163410) (Vartanian, Kristapor)
July 17, 2017 Filing 6 REQUEST for JUDICIAL NOTICE by Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC in re #5 Motion to Change Venue,. (Vartanian, Kristapor)
July 17, 2017 Filing 5 MOTION to CHANGE VENUE by Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC. Motion Hearing set for 10/3/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Exhibit 1 (Declaration of Devin Parrish), #2 Proposed Order)(Vartanian, Kristapor)
July 10, 2017 Filing 4 ANSWER by Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC.(Vartanian, Kristapor)
July 6, 2017 Filing 3 CORPORATE DISCLOSURE STATEMENT by Defendants Heartland Payment Solutions, Inc., Heartland Payment Systems, LLC. (Vartanian, Kristapor)
July 5, 2017 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A)
July 3, 2017 Filing 1 NOTICE of REMOVAL from Superior Court of the State of California, County of Sacramento, case number 34-2017-00212866-CU-OE-GDS by Heartland Payment Systems, LLC, Heartland Payment Solutions, Inc.. (Filing fee $ 400, receipt number 0972-7139686) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Vartanian, Kristapor)

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Plaintiff: JOSEPHINE E. BACCAY
Represented By: JENNIFER SARNELLI
Represented By: JAMES STUART NOTIS
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Defendant: HEARTLAND PAYMENT SYSTEMS, L.L.C.
Represented By: AMBER M. SPATARO
Represented By: KIRSTEN MCCAW GROSSMAN
Represented By: RYAN STEPHEN CARLSON
Represented By: JILLIAN LEE SZYMONIFKA
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Defendant: HEARTLAND PAYMENT SOLUTIONS, INC.
Represented By: AMBER M. SPATARO
Represented By: KIRSTEN MCCAW GROSSMAN
Represented By: RYAN STEPHEN CARLSON
Represented By: JILLIAN LEE SZYMONIFKA
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