Total Merchant Services, LLC v. TMS NC Inc. et al
| Total Merchant Services, LLC |
| Christopher Collins and TMS NC Inc. |
| Marc Gardener, North American Bancard Holdings LLC, Kirk Haggarty, North American Bancard, LLC, David Greenberg, Total Merchant Services, Inc. and Marc Gardner |
| 5:2021cv00240 |
| June 2, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Other Fraud |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Defendant |
Docket Report
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| Document Text |
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| Motion No Longer Submitted to Chief US District Judge Richard E. Myers II: regarding #39 MOTION for Attorney Fees Request to be Found Reasonable. (McNally, Kimberly) |
| TEXT ORDER REFERRING MOTION: Plaintiff's Motion for Attorney Fees, filed at DE 39, is referred to Magistrate Judge Brian S. Meyers for a memorandum and recommendation on the disposition of the motion. Entered by Chief US District Judge Richard E. Myers II on 10/5/2022. (McNally, Kimberly) |
| Filing 45 Notice of Suggestion of Subsequently Controlling Decided Authority filed by Total Merchant Services, LLC . (Attachments: #1 Exhibit A - August 2 Order) (Segars, Thomas) |
| Filing 44 REPLY to Response to Motion regarding #39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #39 MOTION for Attorney Fees Request to be Found Reasonable. (Waddell, K.) |
| Filing 43 Proposed Order filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
| Filing 42 RESPONSE in Opposition regarding #39 MOTION for Attorney Fees Request to be Found Reasonable filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
| Notice to Counsel regarding: #41 Proposed Order. Pursuant to Chief US District Judge Richard E. Myers II Practice Preferences, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Filing 41 Proposed Order regarding #39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 40 Memorandum in Support regarding #39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Attachments: #1 Exhibit A - Declaration of Joshua P. Gunnemann, #2 Exhibit B - Declaration of Thomas H. Segars, #3 Exhibit C - Declaration of Paul J. Puryear, Jr.) (Segars, Thomas) |
Filing 38
ORDER: Plaintiff's Motion for Contempt [DE 34] is DENIED WITHOUT PREJUDICE. Signed by Chief US District Judge Richard E. Myers II on 2/11/2022. Counsel are reminded to read the order in its entirety for other critical information and deadlines. (Waddell, K.)
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| Filing 37 Proposed Order regarding #34 MOTION Contempt regarding #32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 36 Declaration regarding #34 MOTION Contempt regarding #32 Order on Motion to Remand by Total Merchant Services, LLC filed by Total Merchant Services, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 12/17/21 Email/Letter Gunnemann to Hatcher, #3 Exhibit 2 - 12/28/21 Email Gunnemann to Hatcher, with letter and billing statements, #4 Exhibit 3 - 12/28/21 Email Hatcher to Gunnemann, #5 Exhibit 4 - 01/03/22 Email Collins cc'ing Plaintiff's Counsel, #6 Exhibit 5 - 01/11/22 Email Gunnemann to Hatcher, #7 Exhibit 6 - 01/18-19/22 Email exchange Gunneman and Hatcher) (Segars, Thomas) |
| Filing 35 Memorandum in Support regarding #34 MOTION Contempt regarding #32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 34 MOTION Contempt regarding #32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
| NOTICE OF DEFICIENCY regarding #34 Motion for Contempt. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Filing 33 Letter sent to Wake County Clerk of Superior Court regarding #32 Order on Remand. (Waddell, K.) |
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Filing 32
ORDER granting #16 Motion to Remand. Signed by Chief US District Judge Richard E. Myers II on 12/16/2021. (Waddell, K.)
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| Document Submitted: #31 Certification of Domicile submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.) |
| Filing 31 Declaration certification of domicile by Christopher Collins (Hatcher, Nichole) |
| TEXT ORDER: This matter comes before the court sua sponte. To determine subject matter jurisdiction in this case, the court directs Defendant Christopher Collins to file a notice informing the court of his domicile in accordance with 28 U.S.C. 1441(a), and 28 U.S.C. 1332. This notice shall be filed on or before December 6, 2021. Entered by Chief US District Judge Richard E. Myers II on 11/22/2021. (Waddell, K.) |
| Filing 30 REPLY to Response to Motion regarding #16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Motions Submitted to Chief US District Judge Richard E. Myers II regarding #16 MOTION to Remand For Lack of Subject Matter Jurisdiction and #20 MOTION to Stay. (Waddell, K.) |
| TEXT ORDER: This matter comes before the court on Plaintiff's unopposed motion to stay further litigation pending a ruling on Plaintiff's motion to remand the matter to state court. [DE-20] Because the motion is unopposed, and for good cause shown, the motion is GRANTED. Entered by Chief US District Judge Richard E. Myers II on 6/25/2021. (Waddell, K.) |
| Filing 29 Memorandum in Opposition regarding #16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
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Filing 28
ORDER granting #25 Motion to Expedite Briefing Schedules regarding #16 Motion to Remand and #20 Motion to Stay. Defendants are DIRECTED to file any opposition papers to Plaintiff's motion to remand [DE-16] or motion to stay pending adjudication of the motion to remand [DE-20] on or before June 24, 2021.Plaintiff is DIRECTED to file any reply papers within three (3) days of the filing of the relevant opposition papers. Signed by Chief US District Judge Richard E. Myers II on 6/15/2021. (Waddell, K.)
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| Filing 27 Memorandum in Support regarding #25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] CORRECTED filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 26 CORRECTED AND REFILED AT #27 Memorandum in Support regarding #25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] filed by Total Merchant Services, LLC. (Attachments: #1 Text of Proposed Order) (Segars, Thomas) |
| Filing 24 WITHDRAWAL of Motion by Total Merchant Services, LLC. regarding #22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC (Segars, Thomas) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20]. (Waddell, K.) |
| Notice to Counsel regarding: #25 Amended Motion to Expedite. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| REMINDER TO COUNSEL regarding #16 Motion. Pursuant to Chief Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20]. (Edwards, S.) |
| Filing 23 Memorandum in Support regarding #22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC. (Attachments: #1 Text of Proposed Order) (Segars, Thomas) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Stay filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 20 MOTION to Stay filed by Total Merchant Services, LLC. (Attachments: #1 Text of Proposed Order) (Segars, Thomas) |
| Filing 19 Notice of Change of Address filed by Joshua P Gunnemann filed by on behalf of Total Merchant Services, LLC. (Gunnemann, Joshua) |
| Filing 18 Notice of Special Appearance for non-district by Joshua P Gunnemann on behalf of Total Merchant Services, LLC. (Gunnemann, Joshua) |
| Filing 17 Memorandum in Support regarding #16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Attachments: #1 Exhibit A - Wake County Motion for Preliminary Injunction, #2 Exhibit B - Wake County Memorandum in Support of Motion for Preliminary Injunction, #3 Exhibit C - Wake County Conditional Notice of Designation, #4 Exhibit D - Wake County Affidavit of Service (Collins), #5 Exhibit E - Wake County Affidavit of Service (TMS NC), #6 Exhibit F - Wake County Calendar Request, #7 Exhibit G - Wake County Court Calendar, #8 Exhibit H - May 3, 2021 email, #9 Exhibit I - May 12, 2021 email, #10 Exhibit J - May 12, 2021 email, #11 Exhibit K - May 15, 2021 email) (Segars, Thomas) |
| Filing 15 Notice of Related Case filed by Total Merchant Services, LLC (4:17-CV-115-FL). (Segars, Thomas) |
| Filing 14 Financial Disclosure Statement by Total Merchant Services, LLC (Segars, Thomas) |
| Filing 13 Notice of Appearance filed by Thomas Hamilton Segars on behalf of Total Merchant Services, LLC. (Segars, Thomas) |
| Filing 12 Third-Party Summonses Issued as to Marc Gardner, David Greenberg, Kirk Haggarty, North American Bancard Holdings LLC, North American Bancard, LLC, Total Merchant Services, Inc. *NOTICE: Counsel shall print the attached summonses and serve with other case documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.) |
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Filing 11
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 6/10/2021. (Copy of order sent to Thomas H. Segars of Ellis & Winters LLP at P. O. Box 33550, Raleigh, NC 27636 via US Mail.) (Waddell, K.)
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| Filing 10 ANSWER to Complaint , First THIRD PARTY COMPLAINT against North American Bancard, LLC, David Greenberg, Total Merchant Services, Inc., Kirk Haggarty, North American Bancard Holdings LLC, Marc Gardner, First COUNTERCLAIM against Total Merchant Services, LLC by TMS NC Inc.. (Attachments: #1 Proposed Summons North American Bancard, LLC Summons, #2 Proposed Summons North American Bancard Holdings, LLC Summons, #3 Proposed Summons TMS Inc. Summons, #4 Proposed Summons Gardner Summons, #5 Proposed Summons Haggarty Summons, #6 Proposed Summons Greenberg Summons) (Hatcher, Nichole) |
| Filing 9 ANSWER to Complaint by Christopher Collins. (Hatcher, Nichole) |
| Filing 8 Financial Disclosure Statement by TMS NC Inc. (Hatcher, Nichole) |
| Filing 7 Financial Disclosure Statement by Christopher Collins (Hatcher, Nichole) |
| Filing 6 Notice of Appearance filed by Nichole M. Hatcher on behalf of Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
| Filing 5 Notice filed by Christopher Collins, TMS NC Inc. regarding Notice of Deficiency, . (Hatcher, Nichole) |
| Filing 4 Notice filed by Christopher Collins, TMS NC Inc. regarding Notice to Counsel, Notice of Deficiency - Filing is not text searchable Searchable Notice of Removal with Cert of Service. (Hatcher, Nichole) |
| Filing 3 Notice filed by Christopher Collins, TMS NC Inc. JS-44 Cover Sheet. (Hatcher, Nichole) |
| Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' Counsel, Thomas H. Segars of Ellis & Winters LLP at P. O. Box 33550, Raleigh, NC 27636 mailed via US Mail on June 3, 2021. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| Notice to Counsel regarding: #1 Notice of Removal. Fed. R. Civ.P. 5(d)(1)(B) requires a certificate of service. Plaintiff is directed to file a captioned document titled Certificate of Service that specifies the date and manner of service. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal. Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal Notice of Deficiency regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Christopher Collins, TMS NC Inc. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court of Wake County, case number 21-CVS-5801. ( Filing fee $ 402 receipt number 0417-6072467), filed by All Defendants. (Attachments: #1 State Court Summons and Complaint) (Hatcher, Nichole) |
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