Gunderson Amazing Fireworks, LLC v. Merrick Bank et al
| Gunderson Amazing Fireworks, LLC |
| Cardworks, L.P., Merrick Bank, Merrick Bank Merchant Services Division and Pinnacle Processing Group, Inc. |
| 2:2012cv03869 |
| August 3, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
164
MEMORANDUM & ORDER denying 157 Motion for Joinder; denying 158 Motion for Joinder; For the foregoing reasons, Plaintiffs' motion for joinder of Jetpay Merchant Services, LLC (Docket Entries 157, 158) is DENIED. Should Plaintiffs wish to proceed against Pinnacle, they are directed to properly serve the Second Amended Complaint on Pinnacle and file proof of service within thirty (30) days of the date of this Memorandum and Order. Should Plaintiffs fail to do so, the claims against Pinnacle will be dismissed without prejudice, and the case will be closed. See FED. R. CIV. P. 4(m). So Ordered by Judge Joanna Seybert on 3/30/2017. C/ECF (Valle, Christine)
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Filing
160
MEMORANDUM & ORDER denying 109 Motion to Dismiss; For the foregoing reasons, the Movants' motion to dismiss (Docket Entry 109) is DENIED. Defendants are granted an additional ninety (90) days from the date of this Memorandum & Order to attempt to serve Sandra Kueck with process. So Ordered by Judge Joanna Seybert on 8/24/2016. C/ECF (Valle, Christine)
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Filing
65
MEMORANDUM AND ORDER granting in part and denying in part 29 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, Defendants' motion to dismiss or for summary judgment for lack of subject matter jurisdiction is DENIED. Defendants' motion to dismiss is otherwise GRANTED. Plaintiffs' claims for unjust enrichment under both Washington and Ohio law, and their claims for negligence and breach of the duty of good faith under Ohio law, are DISMISSED WITH PREJUD ICE. Plaintiffs' remaining claims are DISMISSED WITHOUT PREJUDICE to filing a Consolidated Amended Complaint in compliance with this Memorandum and Order. If Plaintiffs intend to file a Consolidated Amended Complaint, they must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiffs do not file a Consolidated Amended Complaint within the specified period, the case will be closed. So Ordered by Judge Joanna Seybert on 9/24/2013. C/ECF (Valle, Christine)
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