First Data Merchant Services LLC v. MM Development Company et al
| First Data Merchant Services LLC |
| Linx Card, Inc., Pelican Communications, Inc., GiVV, Inc., ML Factors Funding Limited Liability Company, GTR Source, LLC, Sistem Commerce City LLC, MM DEVELOPMENT COMPANY d/b/a PLANET 13, Stephen W. Biegel, KTZ Holdings Inc., MM Development Company, Pelican Communications, Inc. doing business as The Pelican Group, KTZ Holdings Inc. doing business as Silver Stem, MM Development Company doing business as Planet 13 and Sistem Commerce City LLC doing business as Silver Stem Fine Cannabis |
| Inland Medical Consultants, LLC, Strandview Enterprises LLC, Blue Wave Management, LLC and De Amsterdam dba The Herb Center |
| Sunrise Pharmacy LLC |
| 1:2019cv10964 |
| November 26, 2019 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) RE: #115 Order on Motion to Intervene,,,,,,,, in the amount of $13,237.04. Check dated 3/16/2021. Check No. 22405214, disbursed to payee Sobel Law Offices PC (cla)
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) RE: #115 Order on Motion to Intervene,,,,,,,, in the amount of $23,865.76. Check dated 3/15/2021. Check No. 22366351, disbursed to payee Moore Law (cla)
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) RE: #115 Order on Motion to Intervene,,,,,,,, in the amount of $103,685.54. Check dated 3/15/2021. Check No. 22366331, disbursed to payee MM Development Company, Inc. (cla)
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) RE: #115 Order on Motion to Intervene,,,,,,,, in the amount of $284,972.07. Check dated 3/15/2021. Check No. 22366320, disbursed to payee Cohen Tauber Spievack & Wagner P.C. (cla)
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) RE: #115 Order on Motion to Intervene,,,,,,,, in the amount of $195,742.73. Check dated 3/15/2021. Check No. 22366350, disbursed to payee Heaton Fontano, Ltd. (cla)
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Filing 118
ORDER granting #117 Letter Motion to Reopen re: #117 LETTER MOTION to Reopen re: #116 Order of Dismissal,,,,,,, Request of MM Development Company to Modify Order Disbursing Funds addressed to Judge P. Kevin Castel from John Brown dated 2/19/2021. Ok. The modification is adopted and the Order of January 11, 2021 (Doc. 115) is So modified. (Signed by Judge P. Kevin Castel on 3/2/2021) (js)
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| Filing 117 LETTER MOTION to Reopen re: #116 Order of Dismissal,,,,,,, Request of MM Development Company to Modify Order Disbursing Funds addressed to Judge P. Kevin Castel from John Brown dated 2/19/2021. Document filed by MM Development Company..(Scoolidge, Peter) |
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Filing 116
AMENDED ORDER: IT IS HEREBY ORDERED as follows: De Amsterdam's Motion to Intervene (Dkt. No. 112) is Granted. The parties' Stipulated Motion for the Disbursement of the Interpleaded Funds is Granted. The Clerk of Court is directed to deduct from the income earned on the funds on deposit, a fee and tax withholdings as set forth in Local Rule 67.1 and authorized by the Judicial Conference of the United States, 28 U.S.C. 1914 and is then directed to disburse the remaining funds, including the accrued interest, as follows: 45.852% (approximately $284,083.15) to Cohen Tauber Spievack & Wagner P.C. Trust Account, as counsel for GTR, 420 Lexington Avenue, Suite 2400, New York, New York 10170. 31.495% (approximately $195,127.82) to Heaton Fontano, Ltd. Trust Account, as counsel for Strand View, 136 E South Temple, Ste 1400 SaltLake City, UT 84111. 16.683% (approximately $103,361.14) to Cornerstone Law Group Trust Account, as counsel for Planet 13, 351 California St. Ste 600, SanFrancisco, Ca. 94104. 3.840% (approximately $ 23,792.99) to Moore Law Trust Account as counsel for De Amsterdam, 600 Third Ave., 2nd Fl. New York, New York10016. 2.130% (approximately $ 13,195.46) to Sobel Law Offices P.C. Trust Account as counsel to Silver Stem, 175 Eileen Way, Syosset, New York 11791. GTR's cross-claims against Linx Card Inc. and Givv, Inc. are dismissed without prejudice; Pelican's cross-claim against Linx Card Inc. and Givv, Inc. is dismissed without prejudice; Upon disbursement of the funds, all other claims, cross-claims and counterclaims in this action are DISMISSED. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/09/2021) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing 115
ORDER granting #112 Motion to Intervene: IT IS HEREBY ORDERED as follows: 1. De Amsterdam's Motion to Intervene (Dkt. No. 112) is Granted. 2. The parties' Stipulated Motion for the Disbursement of the Interpleaded Funds is Granted. 3. The Clerk of Court is directed to deduct from the income earned on the funds on deposit, a fee and tax withholdings as set forth in Local Rule 67.1 and authorized by the Judicial Conference of the United States, 28 U.S.C. 1914 and is then direct to disburse the remaining funds as follows: a. 45.852% (approximately $284,083.15) to Cohen Tauber Spievack & Wagner P.C. Trust Account, as counsel for GTR, 420 Lexington Avenue, Suite 2400, New York, New York 10170 b. 31.495% (approximately $195,127.82) to Heaton Fontano, Ltd. Trust Account, as counsel for Strand View, 136 E South Temple, Ste 1400 Salt Lake City, UT 84111 c. 16.683% (approximately $103,361.14) to Cornerstone Law Group Trust Account, as counsel for Planet 13, 351 California St. Ste 600, San Francisco, Ca. 94104 d. 3.840% (approximately $ 23,792.99) to Moore Law Trust Account as counsel for De Amsterdam, 600 Third Ave., 2nd Fl. New York, New York 10016 e. 2.130% (approximately $ 13,195.46) to Sobel Law Offices P.C. Trust Account as counsel to Silver Stem, 175 Eileen Way, Syosset, New York 11791 4. GTR's cross-claims against Linx Card Inc. and Givv, Inc. are dismissed without prejudice; 5. Pelican's cross-claim against Linx Card Inc. and Givv, Inc. is dismissed without prejudice; 6. Upon disbursement of the funds, all other claims, cross-claims and counterclaims in this action are DISMISSED. (Signed by Judge P. Kevin Castel on 1/11/2021) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 1/11/2021. Motion DE 112 granted. Court grants proposed distribution of interpleaded funds Order DE 113-2. (Nacanther, Florence) |
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Filing 114
ORDER: The next proceeding in this matter will be held telephonically on January 11, 2021 at 11 a.m. The call-in information for this teleconference is: Dial-in: (888) 363-4749 Access Code: 3667981 (Telephone Conference set for 1/11/2021 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/8/2021) (jwh)
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| Filing 113 PROPOSED ORDER AUTHORIZING INTERPLEADER DISBURSEMENT (28 U.S.C. 1335). Document filed by GTR Source, LLC. (Attachments: #1 Exhibit 1 - Stipulation for proposed distribution of interpleaded funds, #2 Exhibit 2 - proposed order).(Kolatch, Sari) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 112 MOTION to Intervene and Memorandum of Law in Support of Motion. Document filed by De Amsterdam dba The Herb Center. (Attachments: #1 Exhibit 1 - Oregon Complaint, #2 Exhibit 2 - Proposed Answer, #3 Text of Proposed Order).(Moore, Derrick) |
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Filing 111
ORDER GRANTING FIRST DATA'S UNOPPOSED MOTION FOR DISCHARGE, RELIEF FROM LIABLITY, PERMANENT INJUNCTION PURSUANT TO STATUTORY INTERPLEADER ACTION re: #109 MOTION to Discharge: The Court, having considered the Motion and the other pleadings and supporting evidence in this case, and finding that the relief requested is supported by the record and promotes the effectiveness of the interpleader action, GRANTS the Unopposed Motion for First Data's Discharge, Relief from Liability, and Permanent Injunction pursuant to Statutory Interpleader Action. The request for an Award of Attorney's Fees and Costs is WITHDRAWN. Accordingly, First Data is hereby DISMISSED from the case WITH PREJUDICE. In addition, the Court GRANTS the permanent injunction. IT IS HEREBY ORDERED: Any and all individuals and/or entities who assert entitlement to any portion of the funds interpled in the Court's registry-including but not limited to Defendants MM Development Company d/b/a Planet 13, Pelican Communications, Inc. d/b/a The Pelican Group, and Linx Card, Inc.-are enjoined from initiating or prosecuting any and all claims, cross-claims, counterclaims, third-party claims, or any other claims against First Data Merchant Services LLC relating in any manner whatsoever to the funds deposited in the Court's registry or their related transactions, including but not limited to any of the claims pled in MM Development Company, Inc. d/b/a Planet 13 v. Linx Card et al., Case No. C19-02278 pending in the Superior Court of California, Contra Costa County or in any other case in any other forum in the United States. (First Data Merchant Services LLC terminated.) (Signed by Judge P. Kevin Castel on 11/19/2020) (jwh)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 11/19/2020, Motion(s) terminated: #102 , #107 , and #109 . De Amsterdam d/b/a The Herb Centers Motion for Leave to File Motion to Intervene (Docs 102, 107) is GRANTED. Motion to Intervene is due by November 25, 2020. Opposition briefs are due by December 18th, 2020. Reply is due January 7th 2021. First Data Merchant Services LLC Motion for Discharge, Relief from Liability, Permanent Injunction, and Award of Attorneys Fees is GRANTED IN PART (Doc 109). The request for attorneys fees is deemed withdrawn. The next conference is scheduled for January 11, 2021 at 11:00 AM. It will proceed telephonically. Dial In: 888-363-4749. Access Code 3667981#. (Court Reporter Michael McDaniel) (Nacanther, Florence) |
| Filing 110 PROPOSED ORDER. Document filed by First Data Merchant Services LLC. Related Document Number: #109 ..(Peterson, John) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 109 MOTION to Discharge First Data Merchant Services LLC's UNOPPOSED Motion for Discharge, Relief from Liability, Permanent Injunction Pursuant to Statutory Interpleader Action, and Award of Attorney's Fees and Costs. Document filed by First Data Merchant Services LLC..(Peterson, John) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #110 Proposed Order was reviewed and approved as to form. (km) |
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Filing 108
ORDER: The Court will hold a teleconference in this matter on Thursday, November 19, 2020 at 10:30 AM. The dial-in information for this conference is as follows: Dial-in: (888) 363-4749 Access Code: 3667981. (Telephone Conference set for 11/19/2020 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/12/2020) (jwh)
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| Filing 107 LETTER MOTION for Leave to File Motion to Intervene addressed to Judge P. Kevin Castel from Derrick F. Moore dated October 20, 2020. Document filed by De Amsterdam dba The Herb Center. (Attachments: #1 Exhibit Proposed Notice of Motion, #2 Exhibit Proposed MOL, #3 Exhibit Oregon Complaint, #4 Exhibit Proposed Answer, #5 Text of Proposed Order).(Moore, Derrick) |
| Filing 106 NOTICE OF APPEARANCE by Derrick F Moore on behalf of De Amsterdam dba The Herb Center..(Moore, Derrick) |
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Filing 105
ORDER granting #104 Letter Motion to Adjourn Conference: Conference adjourned From: Oct. 16, 2020 To: Nov 19, 2020 at 10:30 a.m. (Case Management Conference set for 11/19/2020 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/15/2020) (jwh)
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| Filing 104 LETTER MOTION to Adjourn Conference and an update on the status of settlement discussions addressed to Judge P. Kevin Castel from Sari E. Kolatch dated October 15, 2020. Document filed by GTR Source, LLC..(Kolatch, Sari) |
| Filing 103 NOTICE of First Data Merchant Services LLC's Status Report. Document filed by First Data Merchant Services LLC..(Peterson, John) |
| Filing 102 FIRST LETTER MOTION for Leave to File Motion to Intervene and Permission to Appear at Next Conference addressed to Judge P. Kevin Castel from Derrick F. Moore dated October 13, 2020. Document filed by De Amsterdam dba The Herb Center..(Moore, Derrick) |
| Filing 101 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Sari E. Kolatch dated October 8, 2020. Document filed by GTR Source, LLC..(Kolatch, Sari) |
| NOTICE: The TIME of the case management conference scheduled for October 16, 2020 has been moved to 5:30 p.m. The conference will proceed telephonically. Dial-in: 888-363-4749, Access Code: 3667981. (Nacanther, Florence) |
| Filing 100 NOTICE OF APPEARANCE by John C Brown on behalf of MM Development Company..(Brown, John) |
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Filing 99
ORDER granting #98 Motion for John Calvin Brown, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 98 MOTION for John Calvin Brown, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21707466. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MM Development Company. (Attachments: #1 Affidavit Aff of John C. Brown, #2 Affidavit Aff of Peter Scoolidge, #3 Text of Proposed Order Proposed Order).(Scoolidge, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #98 MOTION for John Calvin Brown, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21707466. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 97 MEMO ENDORSEMENT on re: #96 Letter filed by First Data Merchant Services LLC. ENDORSEMENT: A party cannot estop a Court by stating a position and then telling the Court to let them know if it disagrees. (Signed by Judge P. Kevin Castel on 7/27/2020) (jwh) |
| Filing 96 LETTER addressed to Judge P. Kevin Castel from John Peterson dated July 27, 2020 re: in response to Pelican's letter joinder and the Courts July 24, 2020 Order [ECF 95]. Document filed by First Data Merchant Services LLC..(Peterson, John) |
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Filing 95
ORDER: The joint application for "clarification" of this Court's preliminary injunction Order of March 24, 2020 is GRANTED to the extent indicated herein and otherwise DENIED. 1 The Order of March 24, 2020 is corrected for a typographical error: the word "Permanent" in the last line on page 1 is deleted and in its place is inserted the word "Preliminary." The preliminary injunction remains in full force and effect. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 7/24/2020) (cf) Modified on 7/24/2020 (cf).
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| Filing 94 LETTER addressed to Judge P. Kevin Castel from Krystina Maola dated July 24, 2020 re: Joinder in request set forth in July 14, 2020 Joint Letter. Document filed by Pelican Communications, Inc.. (Attachments: #1 Enclosure to Letter - Cross-Complaint).(Maola, Krystina) |
| Filing 93 ANSWER to #90 Crossclaim. Document filed by Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC..(Heaton, Jonathan) |
| Filing 92 JOINT LETTER addressed to Judge P. Kevin Castel from John Peterson & Peter Scoolidge dated 07/14/2020 re: Joint Letter to Clarify Order [ECF #76]. Document filed by First Data Merchant Services LLC, MM Development Company..(Peterson, John) |
| Filing 91 ANSWER to #89 Crossclaim. Document filed by MM Development Company..(Scoolidge, Peter) |
| Filing 90 ANSWER to #89 Crossclaim., CROSSCLAIM against Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC. Document filed by GTR Source, LLC..(Kolatch, Sari) |
| Filing 89 ANSWER to #1 Complaint,., CROSSCLAIM against All Defendants. Document filed by Sunrise Pharmacy LLC, Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Heaton, Jonathan) |
| Filing 88 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC..(Heaton, Jonathan) |
| Filing 87 ANSWER to #44 Crossclaim. Document filed by MM Development Company..(Scoolidge, Peter) |
| Filing 86 AMENDED ANSWER to #1 Complaint,., CROSSCLAIM against GiVV, Inc., Linx Card, Inc.. Document filed by Pelican Communications, Inc...(Maola, Krystina) |
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Filing 85
OPINION AND ORDER: re: #66 MOTION to Intervene filed by Strandview Enterprises LLC, Sunrise Pharmacy LLC, Blue Wave Management, LLC, Inland Medical Consultants, LLC. For these reasons, Intervenor-Defendants' motion to intervene as of right is GRANTED. The Clerk is directed to terminate motion (Doc. 66). SO ORDERED. (Signed by Judge P. Kevin Castel on 5/06/2020) (ama)
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Filing 84
CONSENT PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 5/05/2020) (ama)
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| Filing 83 PROPOSED PROTECTIVE ORDER. Document filed by First Data Merchant Services LLC..(Peterson, John) |
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Filing 82
ORDER granting #81 Letter Motion for Leave to File Document: Leave granted. File amended answer within 14 days. (Signed by Judge P. Kevin Castel on 4/27/2020) (jwh)
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| Filing 81 FIRST LETTER MOTION for Leave to File Amended Answer with Cross-Claims addressed to Judge P. Kevin Castel from Krystina Maola dated April 27, 2020. Document filed by Pelican Communications, Inc...(Maola, Krystina) |
| Filing 80 LETTER MOTION to Expedite Ruling on Motion to Intervene addressed to Judge P. Kevin Castel from Jonathan W. Heaton dated April 6, 2020. Document filed by Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC. (Attachments: #1 Text of Proposed Order).(Heaton, Jonathan) |
| Filing 79 ANSWER to #1 Complaint,. Document filed by MM Development Company..(Scoolidge, Peter) |
| Filing 78 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MM Development Company..(Scoolidge, Peter) |
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Filing 77
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. 28 U.S.C. 636(c). This case is not to be tried to a jury. Depositions to be completed by close of discovery. Fact Discovery due by 9/30/2020. Expert Discovery due by 11/16/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is: 4 to 5 days. 14. Defendants to submit letter by March 27, 2020 outlining the documents it seeks and the Rule 30(b)(6) notice from First Data and First Data shall produce the documents and the Rule 30(b)(6) witness within 60 days. Case Management Conference set for 10/16/2020 at 11:00 AM before Judge P. Kevin Castel, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge P. Kevin Castel on 3/24/2020) (rjm)
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Filing 76
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION PURSUANT TO 28 U.S.C. SECTION 2361 granting in part and denying in part #50 Motion for Permanent Injunction: The Court, having considered the motion, the supporting evidence, and the pleadings filed in this case, and finding that the relief requested is supported by the record and promotes the effectiveness of the interpleader action, GRANTS without opposition, First Data's Renewed Motion for Permanent Injunction pursuant to 28 U.S.C. section 2362. IT IS HEREBY ORDERED, pending the hearing and determination of the motion for a permanent injunction: 1. Any and all claimants, including Defendants MM Development Company d/b/a Planet 13 and Pelican Communications, Inc. d/b/a The Pelican Group, are hereby enjoined from prosecuting any and all claims, counterclaims, third-party claims, or other such claims against First Data relating in any manner to the Disputed Funds or their related transactions, including the claims and cross-claims pied in the case styled MM Development Company, Inc. d/b/a Planet 13 v. Linx Card et al., Case No. C19-02278, pending further order of this Court. 2. Any and all claimants, including but not limited to Defendants, are hereby enjoined from initiating or prosecuting any and all claims, cross-claims, counterclaims, third-party claims, or other such claims against First Data relating in any manner to the Disputed Funds or their related transactions, pending further order of this Court. 3. Bonds waived. (Signed by Judge P. Kevin Castel on 3/24/2020) (jwh)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 3/24/2020. The next case management conference is scheduled for October 16, 2020 at 11 A.M. (Nacanther, Florence) |
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Filing 75
ORDER: Due to the COVID-19 situation, conferences with the Court in civil cases through April 17, 2020 will be held by teleconferencing. Each scheduled conference will take place on the date and time originally set. This case is set for March 24, 2020 at 12:00 p.m., as further set forth in this order. (Signed by Judge P. Kevin Castel on 3/18/2020) (jwh)
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| Filing 74 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support. . Document filed by First Data Merchant Services LLC..(Peterson, John) |
| Filing 73 MEMO ENDORSEMENT on re: #72 Letter. ENDORSEMENT: Application GRANTED. (Set Deadlines/Hearing as to #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support: Replies due by 3/13/2020.) (Signed by Judge P. Kevin Castel on 3/3/2020) (jwh) |
| Filing 72 LETTER addressed to Judge P. Kevin Castel from John W. Peterson dated 3/3/2020 re: Request for Extension of Time to File Reply in support of First Data Merchant Services LLC's Renewed Motion for Permanent Injunction. Document filed by First Data Merchant Services LLC..(Peterson, John) |
| Filing 71 MEMO ENDORSEMENT on re: #70 Letter, filed by First Data Merchant Services LLC. ENDORSEMENT: Application Granted. ( Replies due by 3/13/2020.) (Signed by Judge P. Kevin Castel on 2/27/2020) (mro) |
| Filing 70 JOINT LETTER addressed to Judge P. Kevin Castel from John W. Peterson dated 2/27/2020 re: Request for Extension of Time to File Reply in support of First Data Merchant Services LLC's Renewed Motion for Permanent Injunction. Document filed by First Data Merchant Services LLC..(Peterson, John) |
| Filing 69 DECLARATION of Svetlana Sobel in Opposition re: #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support.. Document filed by KTZ Holdings Inc.. (Attachments: #1 Exhibit Transcript of Kevin Senn).(Sobel, Svetlana) |
| Filing 68 RESPONSE to Motion re: #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support. . Document filed by Pelican Communications, Inc...(Maola, Krystina) |
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Filing 67
ORDER granting #65 Letter Motion to Adjourn Conference: Conference adjourned from February 20, 2020 to March 24, 2020 at 12:00 p.m. (Initial Conference set for 3/24/2020 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/19/2020) (jwh)
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| Filing 66 MOTION to Intervene . Document filed by Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC. (Attachments: #1 Exhibit 1 - Intervenor-Defendants' Proposed Answer and Cross-Claim in Intervention).(Heaton, Jonathan) |
| Filing 65 LETTER MOTION to Adjourn Conference Initial Conference addressed to Judge P. Kevin Castel from Jonathan W. Heaton dated February 18, 2020. Document filed by Blue Wave Management, LLC, Inland Medical Consultants, LLC, Strandview Enterprises LLC, Sunrise Pharmacy LLC..(Heaton, Jonathan) |
| Filing 64 ANSWER to #41 Crossclaim. Document filed by Pelican Communications, Inc...(Maola, Krystina) |
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Filing 63
ORDER granting #59 Motion for Jonathan W. Heaton to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Jonathan W. Heaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18795337. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 62 JOINT LETTER addressed to Judge P. Kevin Castel dated 2/13/2020 re: Joint Letter Pursuant to the Court's Order for Initial Pretrial Conference Issued December 5, 2019. Document filed by First Data Merchant Services LLC..(Peterson, John) |
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Filing 61
ORDER granting #57 Letter Motion for Extension of Time to File Response/Reply re #50 MOTION for Permanent Injunction: Application Granted. (Responses due by 2/21/2020.) (Signed by Judge P. Kevin Castel on 2/13/2020) (jwh)
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Filing 60
ORDER granting #58 Letter Motion for Extension of Time to File Response/Reply re #50 MOTION for Permanent Injunction: Application Granted. (Responses due by 2/21/2020.) (Signed by Judge P. Kevin Castel on 2/13/2020) (jwh)
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| Filing 59 MOTION for Jonathan W. Heaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18795337. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Strandview Enterprises LLC, Sunrise Pharmacy LLC, Blue Wave Management, LLC, Inland Medical Consultants, LLC. (Attachments: #1 Exhibit Exhibit 1 - Affidavit in Support, #2 Exhibit Exhibit 2 - Certificates of Good Standing, #3 Exhibit Exhibit 3 - Proposed Order).(Heaton, Jonathan) |
| Filing 58 LETTER MOTION for Extension of Time to File Response/Reply as to #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support. addressed to Judge P. Kevin Castel from Svetlana Sobel dated 02/13/2020. Document filed by Sistem Commerce City LLC..(Sobel, Svetlana) |
| Filing 57 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support. addressed to Judge P. Kevin Castel from Krystina Maola dated February 13, 2020. Document filed by Pelican Communications, Inc...(Maola, Krystina) |
| Filing 56 MEMO ENDORSEMENT on re: #55 Letter, filed by First Data Merchant Services LLC. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 2/11/2020) (cf) |
| Filing 55 LETTER addressed to Judge P. Kevin Castel from John W. Peterson dated 2/11/2020 re: Request for First Data Merchant Services LLC to Appear Telephonically at Case Management Conference Set for February 20, 2020. Document filed by First Data Merchant Services LLC..(Peterson, John) |
| Filing 54 ANSWER to #1 Complaint,. Document filed by Sistem Commerce City LLC..(Sobel, Svetlana) |
| Filing 53 ANSWER to #1 Complaint,. Document filed by KTZ Holdings Inc...(Sobel, Svetlana) |
| Filing 52 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. Service was made by Mail. Document filed by MM Development Company..(Scoolidge, Peter) |
| Filing 51 NOTICE OF APPEARANCE by Peter Jason Scoolidge on behalf of MM Development Company..(Scoolidge, Peter) |
| Filing 50 MOTION for Permanent Injunction Renewed Pursuant to 28 U.S.C. Section 2361 and Memorandum in Support. Document filed by First Data Merchant Services LLC. Responses due by 2/14/2020 (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Cross Complaint, #3 Text of Proposed Order [Proposed] Order).(Peterson, John) |
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Filing 49
ORDER granting #47 Letter Motion for Extension of Time to Answer; terminating #48 Letter Motion for Extension of Time to Answer: OK. Application Granted. (Sistem Commerce City LLC answer due 2/6/2020; KTZ Holdings Inc. answer due 2/6/2020.) (Signed by Judge P. Kevin Castel on 1/29/2020) (jwh)
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| Filing 48 LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Svetlana Sobel dated 1/29/2020. Document filed by Sistem Commerce City LLC.(Sobel, Svetlana) |
| Filing 47 LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Svetlana Sobel dated 1/29/2020. Document filed by KTZ Holdings Inc..(Sobel, Svetlana) |
| Filing 46 NOTICE OF APPEARANCE by Svetlana Sobel on behalf of Sistem Commerce City LLC. (Sobel, Svetlana) |
| Filing 45 NOTICE OF APPEARANCE by Svetlana Sobel on behalf of KTZ Holdings Inc.. (Sobel, Svetlana) |
| Filing 44 ANSWER to #1 Complaint,., CROSSCLAIM against GiVV, Inc., Linx Card, Inc.. Document filed by Pelican Communications, Inc..(Maola, Krystina) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pelican Communications, Inc..(Maola, Krystina) |
| Filing 42 MEMORANDUM OF LAW in Opposition re: #5 MOTION for Permanent Injunction Pursuant to 28 U.S.C. Sec. 2361 and Memorandum in Support. . Document filed by GTR Source, LLC. (Kolatch, Sari) |
| Filing 41 ANSWER to #1 Complaint,., CROSSCLAIM against GTR Source, LLC. Document filed by GTR Source, LLC. (Attachments: #1 Exhibit A - Judgment, #2 Exhibit B - Levy and Execution, #3 Exhibit C - July 6, 2019 email)(Kolatch, Sari) |
| Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GTR Source, LLC.(Kolatch, Sari) |
| Filing 39 NOTICE OF APPEARANCE by Krystina Rose Maola on behalf of Pelican Communications, Inc.. (Attachments: #1 Affidavit Affidavit of Service for Notice of Appearance)(Maola, Krystina) |
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Filing 38
ORDER granting in part #37 Letter Motion for Extension of Time to Answer: Time to answer set for January 27. Conf adjourned from January 23 to Feb. 20, 2020 at 11:30 am. (Signed by Judge P. Kevin Castel on 1/21/2020) (jwh)
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| Set/Reset Deadlines: Pelican Communications, Inc. answer due 1/27/2020. Set/Reset Hearings: Initial Conference set for 2/20/2020 at 11:30 AM before Judge P. Kevin Castel. (jwh) |
| Filing 37 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge P. Kevin Castel from Krystina Maola dated January 17, 2020. Document filed by Pelican Communications, Inc..(Maola, Krystina) |
| Filing 36 SUMMONS RETURNED EXECUTED. Pelican Communications, Inc. served on 12/31/2019, answer due 1/21/2020. Service was accepted by John Doe - Front Desk Agent. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A - Return of Service Pelican Communications, Inc. d/b/a The Pelican Group)(Peterson, John) |
| Filing 35 SUMMONS RETURNED EXECUTED. MM Development Company served on 1/2/2020, answer due 1/23/2020. Service was accepted by Yun Yu - Controller MM Development Company d/b/a Planet 13. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A - Return of Service MM Development Company d/b/a Planet 13)(Peterson, John) |
| Filing 34 SUMMONS RETURNED EXECUTED. ML Factors Funding Limited Liability Company served on 1/6/2020, answer due 1/27/2020. Service was accepted by John Doe, Agent of ML Factors Funding Limited Liability Company. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A - Return of Service ML Factors Funding)(Peterson, John) |
| Filing 33 SUMMONS RETURNED EXECUTED. Linx Card, Inc. served on 12/27/2019, answer due 1/17/2020. Service was accepted by Jose Castellanos - Agent for Unisearch, Inc.. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A - Return of Service Linx Card, Inc.)(Peterson, John) |
| Filing 32 SUMMONS RETURNED EXECUTED. GiVV, Inc. served on 12/27/2019, answer due 1/17/2020. Service was accepted by Jose Castellanos - Agent for Unisearch, Inc.. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A - Return of Service Givv, Inc.c/o Unisearch, Inc.)(Peterson, John) |
| Interpleader Deposit Received (28 U.S.C. Section 1335) Re: #7 Order on Motion to Deposit Funds, in the amount of $619,560.55. (cde) |
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Answer: Time to answer set for January 27. Conference adjourned from January 23 to Feb 20, 2020 at 11:30am. (GTR Source, LLC answer due 1/27/2020.) (Signed by Judge P. Kevin Castel on 1/6/2020) (jwh)
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| Filing 30 LETTER MOTION for Extension of Time to File Answer and Request to Adjourn the Initial Pretrial Conference addressed to Judge P. Kevin Castel from Sari E. Kolatch dated January 6, 2020. Document filed by GTR Source, LLC.(Kolatch, Sari) |
| Set/Reset Hearings: Initial Conference set for 2/20/2020 at 11:30 AM before Judge P. Kevin Castel. (jwh) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to MM Development Company. (dnh) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to ML Factors Funding Limited Liability Company. (dnh) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to MM Development Company d/b/a Planet 13, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to ML Factors Funding Limited Liability Company, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Pelican Communications, Inc.. (dnh) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Linx Card, Inc.. (dnh) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to GiVV, Inc.. (dnh) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. KTZ Holdings Inc. served on 12/24/2019, answer due 1/14/2020; Sistem Commerce City LLC served on 12/24/2019, answer due 1/14/2020. Service was accepted by C. Adam Foster. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A)(Peterson, John) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Pelican Communications, Inc. d/b/a The Pelican Group, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to MM Development Company, Inc. d/b/a Planet 13, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/26/2019 (dnh). |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to ML Factors Funding LLC, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/26/2019 (dnh). |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Linx Card, Inc., re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to GiVV, Inc., re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Wellington Peterson to RE-FILE Document No. #11 Request for Issuance of Summons, #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #14 Request for Issuance of Summons, #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Include c/o after the party's name;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE. GTR Source, LLC served on 12/9/2019, answer due 12/30/2019. Service was accepted by Sari E. Kolatch. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A)(Peterson, John) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE. Stephen W. Biegel served on 12/5/2019, answer due 12/26/2019. Service was accepted by Stephen W. Biegel. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit A)(Peterson, John) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pelican Communications, Inc. d/b/a The Pelican Group, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/23/2019 (pc). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MM Development Company, Inc. d/b/a Planet 13, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/23/2019 (pc). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ML Factors Funding LLC, re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/23/2019 (pc). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Linx Card, Inc., re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/23/2019 (pc). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to GiVV, Inc., re: #1 Complaint,. Document filed by First Data Merchant Services LLC. (Peterson, John) Modified on 12/23/2019 (pc). |
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Filing 9
MEMO ENDORSEMENT denying without prejudice to renewal #5 Motion for Permanent Injunction. ENDORSEMENT: Denied without prejudice to renewal after each and every defendant has been served. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/17/2019) (va) Modified on 12/19/2019 (va).
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| Filing 8 NOTICE OF APPEARANCE by Sari E. Kolatch on behalf of GTR Source, LLC. (Kolatch, Sari) |
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Filing 7
ORDER GRANTING FIRST DATA MERCHANT SERVICES LLC'S MOTION TO DEPOSIT FUNDS INTO THE COURT REGISTRY granting #4 Motion to Deposit Funds: The Court, having considered the Motion, the supporting evidence, and the pleadings filed in the case, and finding that the relief requested is supported by the record and good cause, therefore GRANTS First Data's Motion to Deposit Funds into the Registry of the Court. IT IS HEREBY ORDERED: 1. First Data is hereby permitted to deposit $619,560.55 into the Registry of the Court pursuant to Local Rule 67.1 and Standing Order 11 MISC. 00173. 2. The U.S. District Court for the Southern District of New York has jurisdiction over this Motion pursuant to 28 U.S.C. 1335. Venue to consider the Motion is proper pursuant to 28 U.S.C. 1397. 3. The parties' rights to the Disputed Funds are preserved and not waived. 4. The Clerk of Court is to deduct from the income on the investment a fee consistent with that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office. (Signed by Judge P. Kevin Castel on 12/10/2019) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing 6
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/23/2020 at 11:00 AM 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 12/5/2019) (jwh) Modified on 1/9/2020 (jwh).
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| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne) |
| Case Designated ECF. (pne) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Wellington Peterson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $619,560,000; County code XX Out of U.S.. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $620,000; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Wellington Peterson. The party information for the following party/parties has been modified: MM Development Company, Sistem Commerce City LLC, KTZ Holdings Inc., Pelican Communications, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (pne) |
| Filing 5 MOTION for Permanent Injunction Pursuant to 28 U.S.C. Sec. 2361 and Memorandum in Support. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit Complaint, #2 Text of Proposed Order [Proposed] Order)(Peterson, John) |
| Filing 4 MOTION to Deposit Funds Into the Registry of the Court. Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit [Proposed] Order)(Peterson, John) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fiserv, Inc. for First Data Merchant Services LLC. Document filed by First Data Merchant Services LLC.(Peterson, John) |
| Filing 2 CIVIL COVER SHEET filed. (Peterson, John) |
| Filing 1 COMPLAINT against Stephen W. Biegel, GTR Source, LLC, GiVV, Inc., KTZ Holdings Inc., Linx Card, Inc., ML Factors Funding Limited Liability Company, MM DEVELOPMENT COMPANY d/b/a PLANET 13, Pelican Communications, Inc., Sistem Commerce City LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18157548)Document filed by First Data Merchant Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Peterson, John) |
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