La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al
| La Mojarra Loca, Inc. |
| Wells Fargo Bank N.A., Wells Fargo & Co, First Data Merchant Services Corporation and Wells Fargo Merchant Services, LLC |
| 2:2019cv06798 |
| December 4, 2019 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J Feuerstein |
| Steven I Locke |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 Minute Entry for proceedings held before Judge Sandra J. Feuerstein for Civil Cause for Initial Conference Hearing held on 1/30/2020: Plaintiff's attorney Daniel Anderson present; Defendant's attorney Matt Knoop and John Peterson present; Case called. OTHER: Motion to be served by 3/2/2020. Opposition to be served by 4/1/2020. Reply to be served and fully briefed motion to be filed with the Court by 4/13/2020. A status conference is scheduled before Judge Feuerstein on 7/13/2020 at 11:15 am. (Cubano, Jazmin) |
SCHEDULING ORDER: Due to a change in the Court's calendar, the January 30, 2020 Initial Conference previously scheduled to commence at 11:00 a.m., will commence at 1:00 p.m. (EST), which conference will be conducted telephonically; Plaintiff to initiate the call; once all parties are on the line, contact Chambers at: (631) 712-5630. Ordered by Judge Sandra J. Feuerstein on 1/28/2020. c/ECF (Killigrew, Patricia)
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SCHEDULING ORDER: Due to a change in the Court's calendar, the January 23, 2020 Initial Conference is adjourned to Thursday, January 30, 2020 at 11:00 a.m. (EST), which conference will be conducted telephonically; Plaintiff to initiate the call; once all parties are on the line, contact Chambers at: (631) 712-5630. The parties are reminded they are to appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this SCHEDULING ORDER upon Defendant(s) and file proof of such service with the Court. Ordered by Judge Sandra J. Feuerstein on 1/22/2020. c/ECF (Killigrew, Patricia)
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| Filing 20 Defendants ANSWER to Complaint and Affirmative Defenses by Wells Fargo Bank N.A., Wells Fargo Merchant Services, LLC. (Peterson, John) |
| Filing 19 NOTICE of Appearance by John Peterson on behalf of Wells Fargo Bank N.A., Wells Fargo Merchant Services, LLC (aty to be noticed) (Peterson, John) |
| NOTICE of Hearing: Initial Conference set for 01/23/2019 at 11:00 AM before Judge Sandra J. Feuerstein, which conference will be conducted telephonically; Plaintiff to initiate the call; once all parties are on the line, contact Chambers at: (631) 712-5630. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon Defendant(s) and file proof of such service with the Court. c/ECF (Killigrew, Patricia) |
| Filing 18 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 17 Case transferred in from District of Nevada; Case Number 2:19-cv-00725. Original file certified copy of transfer order and docket sheet received. |
| The case of La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al, has been transferred from United States District Court, District of Nevada to the Eastern District of New York. The new case number is 19-cv-6798-SJF-SIL. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cox, Dwayne) |
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Filing 16
ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #3 defendants' motion to dismiss or alternatively transfer venue be, and the same hereby is, GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the matter of La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al., case number 2:19-cv-00725-JCM-DJA, be, and the same hereby is, TRANSFERRED to the United States District Court for the Eastern District of New York. Signed by Judge James C. Mahan on 12/3/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.]
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| Filing 15 CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge Carl W. Hoffman, this case is reassigned to U.S. Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:19-cv-00725-JCM-DJA. (no image attached) (ADR) [Transferred from Nevada on 12/4/2019.] |
| Filing 14 REPLY to Response to #3 Motion to Dismiss, by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
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Filing 13
ORDER Granting #12 Stipulation to Continue re #3 Motion to Dismiss or Alternatively Transfer Venue (First Request). Replies due by 6/27/2019. Signed by Judge James C. Mahan on 6/19/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.]
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| Filing 12 STIPULATION TO CONTINUE (First Request) Deadline for Defendants' Reply in Support of Motion to Dismiss or Alternatively Transfer Venue by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
| Filing 11 RESPONSE to #3 Motion to Dismiss, by Plaintiff La Mojarra Loca, Inc.. Replies due by 6/20/2019. (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] |
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Filing 10
ORDER Granting #7 Stipulation for Extension of Time re #3 Motion to Dismiss (First Request). Responses due by 6/13/2019. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.]
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| Filing 9 NOTICE of Corrected Image/Document re #7 Stipulation by Plaintiff La Mojarra Loca, Inc.. (Service of corrected image is attached.) (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 6/10/2019 Re: #7 Stipulation. ERROR: Document not filed pursuant to LR IA 6-2 and LR IC 2-2(d) by attorney. Attorney Daniel Anderson is to properly format document #7 with the correct Article 3 Judge listed within the signature box pursuant to the local rules. File the corrected stipulation using the Notice of Corrected Image/Document event and link to document #7 . (no image attached) (Copies have been distributed pursuant to the NEF - NEV) [Transferred from Nevada on 12/4/2019.] |
| Filing 7 VIEW #9 corrected image to STIPULATION FOR EXTENSION OF TIME (First Request) re #3 Motion to Dismiss, by Plaintiff La Mojarra Loca, Inc.. (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
| Filing 5 NOTICE OF DEFENDANTS' CORPORATE DISCLOSURE STATEMENT by First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC re #4 Certificate of Interested Parties,. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
| Filing 4 CERTIFICATE of Interested Parties by First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent First Data Corporation for Wells Fargo Merchant Services LLC; Other Affiliate Wells Fargo Holdings, LLC for Wells Fargo Bank, N.A. added. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
| Filing 3 MOTION to Dismiss or Alternatively Transfer Venue by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. Responses due by 5/20/2019. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/29/2019. Statement regarding removed action is due by 5/14/2019. Joint Status Report regarding removed action is due by 5/29/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from Nevada on 12/4/2019.] |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court for Clark County, Nevada, Case Number A-19-790984-C, (Filing fee $ 400 receipt number 0978-5523745) by Wells Fargo Merchant Services LLC, First Data Merchant Services Corporation now known as First Data Merchant Services LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Semenza, Lawrence) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 12/4/2019.] |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Carl W. Hoffman. (JM) [Transferred from Nevada on 12/4/2019.] |
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