Hai v. First Data Corporation et al
| Hamy Anthony Hai |
| First Data Corporation and Fiserv, Inc. |
| 1:2019cv08332 |
| September 6, 2019 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Other |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 35 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Fiserv, Inc., First Data Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pramschufer, Erik) |
| Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) First Data Corporation, Fiserv, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hamy Anthony Hai. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Stringer, Karen) Modified on 5/11/2020 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Karen Stringer. RE-FILE Document No. #34 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Ink Signatures) by the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt) |
Filing 33
STIPULATED ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 2/28/2020) (cf)
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| Filing 32 PROPOSED PROTECTIVE ORDER. Document filed by First Data Corporation, Fiserv, Inc...(Pramschufer, Erik) |
| Filing 31 NOTICE OF APPEARANCE by Christian John Jensen on behalf of Hamy Anthony Hai. (Jensen, Christian) |
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to Complete Discovery: Nevertheless, the date in paragraph 5 of the Order of November 12, 2020 is extended to May 15, 2020. The parties may agree to their own schedule to complete fact discovery by that date. The date in paragraph 7 for the completion of expert discovery is extended to June 30. All other provisions of the November 12 Order remain unchanged. The conference is adjourned from March 18, 2020 to June 26, 2020 at 1:45 p.m. (Signed by Judge P. Kevin Castel on 1/24/2020) (jwh)
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| Set/Reset Deadlines: Expert Discovery due by 6/30/2020. Fact Discovery due by 5/15/2020. Set/Reset Hearings: Case Management Conference set for 6/26/2020 at 01:45 PM before Judge P. Kevin Castel. (jwh) |
| Filing 29 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge P. Kevin Castel from Erik P. Pramschufer dated 1/23/2020. Document filed by First Data Corporation, Fiserv, Inc.. (Attachments: #1 Text of Proposed Order Proposed Revised Civil Case Management Plan and Scheduling Order)(Pramschufer, Erik) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 12/18/2019 at 10:00 AM in Mediator's Office.(smc) |
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Filing 27
ORDER granting #26 Motion for Karen D. Stringer to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 26 MOTION for Karen D. Stringer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18155128. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamy Anthony Hai. (Attachments: #1 Affidavit of Karen D. Stringer, #2 Order)(Stringer, Karen) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Karen D. Stringer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18155128. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 25
ORDER denying #24 Letter Motion for Conference: Application DENIED. This district is configured differently from others in which counsel may regularly practice. The Court may order a mediation on a set date before a mediator - in this case December 17 - but will not order a Magistrate Judge to re-arrange her calendar. In Manhattan, we have 11 Magistrate Judges for 36 District Judges. Magistrate Judges do not have the luxury afforded toothers of multiple settlement sessions. (Signed by Judge P. Kevin Castel on 11/25/2019) (jwh)
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| Filing 24 JOINT LETTER MOTION for Conference Joint Request for Referral to a Magistrate Judge for Purposes of Settlement addressed to Judge P. Kevin Castel from Gary B. Eidelman dated 11/21/2019. Document filed by First Data Corporation, Fiserv, Inc..(Pramschufer, Erik) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/17/2019.(mf) |
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Filing 23
MEDIATION REFERRAL ORDER DECLARING CASE ELIGIBLE FOR MEDIATION: To the Clerk of Court:1. This case is determined to be eligible for mediation as to all issues, as further set forth in this order. Mediation session is scheduled for December 17, 2019 at 10:00 a.m. Mediator may adjust date of first session by seven days. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/29/2019. (Signed by Judge P. Kevin Castel on 11/18/2019) (jwh)
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| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Kohlberg Kravis Roberts & Co, L.P. for First Data Corporation, Fiserv, Inc.. Document filed by First Data Corporation, Fiserv, Inc..(Pramschufer, Erik) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Erik Patrick Pramschufer to RE-FILE Document #18 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi) |
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 150 days from the date of this Order. Fact Discovery due by 3/3/2020. Non-Expert Deposition due by 2/1/2020. Expert Discovery due by 4/17/2020. Expert Deposition due by 4/17/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 days. Case Management Conference set for 3/18/2020 at 12:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/12/2019) (jwh)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 11/12/2019. The next Case Management Conference is scheduled for March 18, 2020 at 12:00 p.m. (Nacanther, Florence) |
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Filing 20
ORDER granting #17 Letter Motion to Adjourn Conference. Initial conference is adjourned from November 8, 2019 to November 12, 2019 at 11:00 a.m. Initial Conference set for 11/12/2019 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/6/2019) (mro) Modified on 11/6/2019 (mro).
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| Filing 19 ANSWER to #14 Amended Complaint. Document filed by First Data Corporation, Fiserv, Inc..(Pramschufer, Erik) |
| Filing 18 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by First Data Corporation, Fiserv, Inc.(Pramschufer, Erik) Modified on 11/15/2019 (ldi). |
| Filing 17 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Erik P. Pramschufer dated 11/5/2019. Document filed by First Data Corporation, Fiserv, Inc..(Pramschufer, Erik) |
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Filing 16
ORDER: The Initial Pretrial Conference of November 4, 2019 is adjourned to November 8, 2019 at 11:45 a.m. (Initial Conference set for 11/8/2019 at 11:45 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/8/2019) (jwh)
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| Filing 15 LETTER addressed to Judge P. Kevin Castel from Lauren M. Paxton, Esq. dated 10/28/2019 re: Joint Letter in Accordance with Court's Initial Pretrial Conference Order. Document filed by Hamy Anthony Hai.(Paxton, Lauren) |
| Filing 14 AMENDED COMPLAINT amending #1 Complaint against First Data Corporation, Fiserv, Inc. with JURY DEMAND.Document filed by Hamy Anthony Hai. Related document: #1 Complaint.(Paxton, Lauren) |
| Filing 13 JOINT RESPONSE re: #9 Letter, #12 Response Resolving Pre-Motion Letter. Document filed by Hamy Anthony Hai. (Paxton, Lauren) |
| Filing 12 RESPONSE re: #9 Letter . Document filed by Hamy Anthony Hai. (Paxton, Lauren) |
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Filing 11
ORDER granting #10 Motion for Gary B. Eidelman to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 10 MOTION for Gary B. Eidelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17707766. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Data Corporation, Fiserv, Inc..(Eidelman, Gary) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Gary B. Eidelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17707766. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 9 LETTER addressed to Judge P. Kevin Castel from Erik P. Pramschufer dated 10/1/2019 re: Pre-Motion Letter: Motion to Dismiss Counts VIII, IX & X. Document filed by First Data Corporation, Fiserv, Inc..(Pramschufer, Erik) |
| Filing 8 NOTICE OF APPEARANCE by Erik Patrick Pramschufer on behalf of First Data Corporation, Fiserv, Inc.. (Pramschufer, Erik) |
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Filing 7
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/4/2019 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, as further set forth in this order. (Signed by Judge P. Kevin Castel on 9/10/2019) (jwh)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Fiserv, Inc.. (sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to First Data Corporation. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren M. Paxton. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Fiserv, Inc., re: #1 Complaint. Document filed by Hamy Anthony Hai. (Paxton, Lauren) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to First Data Corporation, re: #1 Complaint. Document filed by Hamy Anthony Hai. (Paxton, Lauren) |
| Filing 2 CIVIL COVER SHEET filed. (Paxton, Lauren) |
| Filing 1 COMPLAINT against First Data Corporation, Fiserv, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17557504)Document filed by Hamy Anthony Hai.(Paxton, Lauren) |
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