Canters Deli Las Vegas LLC et al v. Banc of America Merchant Services, LLC et al

Plaintiff: Canters Deli Tivoli Village LLC and Canters Deli Las Vegas LLC
Defendant: Banc of America Merchant Services, LLC, FreedomPay, Inc. and Bank of America N.A.
Case Number: 3:2019cv00320
Filed: July 10, 2019
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
Presiding Judge: David S Cayer
Referring Judge: Max O Cogburn
Nature of Suit: Contract: Other
Cause of Action: Diversity-Breach of Contract
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2019 Opinion or Order TEXT-ONLY ORDER granting #47 Motion for Extension of Time to File Response/Reply re #43 MOTION to Dismiss. Responses due by 8/21/2019. So Ordered. Entered by Magistrate Judge David S. Cayer on 08/02/2019. (DLG)
August 2, 2019 Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply re: #43 MOTION to Dismiss by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Responses due by 8/16/2019 (Attachments: #1 Proposed Order)(Chance, Travis). Motions referred to David S. Cayer.
July 24, 2019 Opinion or Order TEXT-ONLY ORDER granting #46 Motion for Extension of Time to Answer. Defendants' answer due fourteen days after Court resolves or postpones disposition of Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction. So Ordered. Entered by Magistrate Judge David S. Cayer on 07/24/2019. (DLG)
July 24, 2019 Filing 46 Unopposed MOTION for Extension of Time to Answer re: #1 Complaint,, by Banc of America Merchant Services, LLC, Bank of America N.A.. (Attachments: #1 Proposed Order Extending Time to Answer)(Lord, Harrison). Motions referred to David S. Cayer.
July 24, 2019 Filing 45 MEMORANDUM in Support re #43 MOTION to Dismiss by Banc of America Merchant Services, LLC, Bank of America N.A.. (Lord, Harrison)
July 24, 2019 Filing 44 AFFIDAVIT in Support re #43 MOTION to Dismiss , #12 by Banc of America Merchant Services, LLC, Bank of America N.A.. (Attachments: #1 Exhibit 1 Tivoli MPA, #2 Exhibit 2 Linq MPA, #3 Exhibit 3 VARS Sheets, #4 Exhibit 4 Linq Statements, #5 Exhibit 5 Tivoli Statements)(Lord, Harrison)
July 24, 2019 Filing 43 MOTION to Dismiss by Banc of America Merchant Services, LLC, Bank of America N.A.. Responses due by 8/7/2019 (Lord, Harrison)
July 18, 2019 Notice to Travis F. Chance: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/25/2019. (tob)
July 18, 2019 Opinion or Order Filing 42 ORDER granting #41 Motion for Leave to Appear Pro Hac Vice as to Travis F. Change. Signed by Magistrate Judge David S. Cayer on 7/18/19. (tob)
July 17, 2019 Filing 41 MOTION for Leave to Appear Pro Hac Vice as to Travis F. Chance Filing fee $ 281, receipt number 0419-4099728. by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Johnson, Kari). Motions referred to David S. Cayer.
July 17, 2019 Filing 40 NOTICE of Appearance by Kari Russwurm Johnson on behalf of Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC (Johnson, Kari)
July 17, 2019 Filing 39 Notice of Substitution of Counsel by Harrison A. Lord on behalf of Bank of America N.A., Banc of America Merchant Services, LLC, Attorney Rex Garner and Ariel E. Stern terminated. (Lord, Harrison)
July 17, 2019 Filing 38 NOTICE of Appearance by Harrison A. Lord on behalf of Banc of America Merchant Services, LLC, Bank of America N.A. (Lord, Harrison)
July 11, 2019 Case reassigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David S. Cayer. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(rth)
July 11, 2019 Notice to Travis Franklin Chance, Adam K. Bult, Ariel E. Stern, Rex Garner: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 7/18/2019. (rth)
July 11, 2019 Set/Reset Deadlines: Banc of America Merchant Services, LLC answer due 7/24/2019; Bank of America N.A. answer due 7/24/2019. (rth)
July 10, 2019 Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
July 10, 2019 Filing 37 Case transferred in from District of Nevada; Case Number 2:18-cv-01908. Original electronic file and docket sheet received.
July 10, 2019 Opinion or Order Filing 36 ORDER denying as moot #30 Motion to Change Venue; ORDER granting #10 Motion to Dismiss; ORDER granting #12 Motion to Dismiss. FURTHER ORDERED that Canters Deli's negligence claim against FreedomPay, Inc. is hereby SEVERED and TRANSFERRED to the Eastern District of Pennsylvania. Canters Deli's remaining claims against Banc of America Merchant Services and Bank of America, N.A. are TRANSFERRED to the Charlotte Division of the Western District of North Carolina. Signed by Judge Kent J. Dawson on 7/10/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from Nevada on 7/10/2019.]
February 20, 2019 Filing 35 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge George Foley, Jr for all further proceedings. All further documents must bear the correct case number 2:18-cv-01908-KJD-GWF. (no image attached) (ADR)[Transferred from Nevada on 7/10/2019.]
February 20, 2019 Opinion or Order Filing 34 ORDER OF RECUSAL. With good cause appearing, the Honorable Magistrate Judge Nancy J. Koppe recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. Signed by Magistrate Judge Nancy J. Koppe on 2/20/2019. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
February 20, 2019 Filing 33 MINUTES OF PROCEEDINGS - Settlement Conference held on 2/20/2019 before Magistrate Judge Nancy J. Koppe. Pla Counsel: Adam Bult; Pla rep Kevin Jeffers present; Def Counsel: Craig Mariam, Rex Garner; Def reps Tim Hunter, Paul Baskowsky, and Marisa Nye present; Time of Hearing: 9:30 - 11:17 a.m. The Court, the parties, and counsel conferred, but no settlement was reached. (no image attached) (Copies have been distributed pursuant to the NEF - TM) [Transferred from Nevada on 7/10/2019.]
January 25, 2019 Filing 32 REPLY to Response to #30 Motion to Change Venue by Defendant FreedomPay, Inc.. (Mariam, Craig) [Transferred from Nevada on 7/10/2019.]
January 18, 2019 Filing 31 RESPONSE to #30 Motion to Change Venue by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Replies due by 1/25/2019. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
January 4, 2019 Filing 30 MOTION to Change Venue; filed by Defendant FreedomPay, Inc.. Responses due by 1/18/2019. (Mariam, Craig) [Transferred from Nevada on 7/10/2019.]
December 27, 2018 Opinion or Order Filing 29 ORDER Granting #28 Stipulation to Stay Discovery and setting Settlement Conference. Settlement Conference set for 2/20/2019 at 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. The settlement conference statements shall be submitted, in an envelope marked Confidential, directly to the undersigneds box in the Clerk's Office not later than 3:00 p.m. on 2/13/19.Signed by Magistrate Judge Nancy J. Koppe on 12/27/2018. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
December 21, 2018 Filing 28 STIPULATION re: Stay of Discovery Pending Resolution of Pending Motions and Referral to Settlement Conference, filed by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
December 17, 2018 Filing 27 REPLY to Response to #12 Motion to Dismiss,, by Defendants Banc of America Merchant Services, LLC, Bank of America, N.A.. (Garner, Rex) [Transferred from Nevada on 7/10/2019.]
December 12, 2018 Opinion or Order Filing 26 ORDER Granting #22 Stipulation to Extend Time Re: #10 Motion to Dismiss. Replies due by 12/17/2018. Signed by Judge Kent J. Dawson on 12/12/2018. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
December 11, 2018 Opinion or Order Filing 25 ORDER Granting #23 Stipulation to Extend Time Re: #12 Motion to Dismiss. Replies due by 12/17/2018. Signed by Judge Kent J. Dawson on 12/10/2018. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
December 10, 2018 Filing 24 REPLY to Response to #10 Motion to Dismiss,, by Defendant FreedomPay, Inc.. (Mariam, Craig) [Transferred from Nevada on 7/10/2019.]
December 7, 2018 Filing 23 STIPULATION FOR EXTENSION OF TIME (First Request) Reply Deadline to Defendants Bank of America Merchant Services, LLC and Bank of America's Motion to Dismiss by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Bult, Adam) [Transferred from Nevada on 7/10/2019.]
December 4, 2018 Filing 22 STIPULATION FOR EXTENSION OF TIME (Second Request) re #10 Motion to Dismiss or, in the Alternative, to Transfer Venue to the Eastern District of Pennsylvania by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Bult, Adam) [Transferred from Nevada on 7/10/2019.]
December 3, 2018 Filing 21 RESPONSE to #12 Motion to Dismiss,, by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Replies due by 12/10/2018. (Bult, Adam) [Transferred from Nevada on 7/10/2019.]
December 3, 2018 Filing 20 RESPONSE to #10 Motion to Dismiss,, by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Replies due by 12/10/2018. (Bult, Adam) [Transferred from Nevada on 7/10/2019.]
November 29, 2018 Opinion or Order Filing 19 ORDER Granting #16 Stipulation to Extend Time Re: #12 Motion to Dismiss. Responses due by 12/3/2018. Signed by Judge Kent J. Dawson on 11/26/2018. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
November 28, 2018 Opinion or Order Filing 18 ORDER Granting #17 Stipulation to Extend Time Re: #10 Motion to Dismiss. Responses due by 12/3/2018. Replies due by 12/10/2018. Signed by Judge Kent J. Dawson on 11/26/2018. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 7/10/2019.]
November 21, 2018 Filing 17 STIPULATION FOR EXTENSION OF TIME (First Request) re #10 Motion to Dismiss, filed by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Bult, Adam) Modified on 11/21/2018 to add docket entry relationship (TR). [Transferred from Nevada on 7/10/2019.]
November 21, 2018 Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) re #12 Motion to Dismiss, filed by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Bult, Adam) Modified on 11/21/2018 to add docket entry relationship (TR). [Transferred from Nevada on 7/10/2019.]
November 13, 2018 Filing 15 CERTIFICATE of Interested Parties by Banc of America Merchant Services, LLC, Bank of America, N.A. that identifies all parties that have an interest in the outcome of this case. Corporate Parent NB Holdings Corporation, Corporate Parent Bank of America Corporation, Corporate Parent Bank Of America, N.A., Corporate Parent BAMS Solutions, Inc., Corporate Parent FDS Holdings, Inc., Corporate Parent First Data Merchant Services Corporation, Corporate Parent First Data Corporation for Banc of America Merchant Services, LLC; Corporate Parent BAC North America Holding Company, Corporate Parent NB Holdings Corp., Corporate Parent BANA Holding Corp., Corporate Parent Bank of America Corporation for Bank of America, N.A. added. (Garner, Rex) [Transferred from Nevada on 7/10/2019.]
November 12, 2018 Filing 14 CERTIFICATE of Interested Parties by FreedomPay, Inc.. There are no known interested parties other than those participating in the case (McChrystal, Lynne) [Transferred from Nevada on 7/10/2019.]
November 9, 2018 Filing 13 NOTICE of Appearance by attorney Ariel E. Stern on behalf of Defendants Banc of America Merchant Services, LLC, Bank of America, N.A.. (Stern, Ariel) [Transferred from Nevada on 7/10/2019.]
November 9, 2018 Filing 12 MOTION to Dismiss #1 Complaint,, by Defendants Banc of America Merchant Services, LLC, Bank of America, N.A.. Responses due by 11/23/2018. Discovery Plan/Scheduling Order due by 12/24/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Garner, Rex) 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 7/10/2019.]
November 9, 2018 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 11/9/2018. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Defendant FreedomPay failed to file a certificate of interested parties. Accordingly, Defendant FreedomPay must file a certificate of interested parties no later than November 16, 2018. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM) [Transferred from Nevada on 7/10/2019.]
November 8, 2018 Filing 10 MOTION to Dismiss #1 Complaint,, by Defendant FreedomPay, Inc.. Responses due by 11/22/2018. Discovery Plan/Scheduling Order due by 12/23/2018. (Attachments: #1 Declaration of Paul Baskowsky, #2 Exhibit A - Switching Agreement) (Mariam, Craig) 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 7/10/2019.]
October 23, 2018 Filing 9 SUMMONS Returned Executed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Bank of America, N.A. served on 10/12/2018, answer due 11/2/2018. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 17, 2018 Filing 8 SUMMONS Returned Executed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Banc of America Merchant Services, LLC served on 10/4/2018, answer due 10/25/2018. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 17, 2018 Filing 7 SUMMONS Returned Executed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. FreedomPay, Inc. served on 10/4/2018, answer due 10/25/2018. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 3, 2018 Filing 6 Summons Issued as to All Defendants re #1 Complaint. (ADR) [Transferred from Nevada on 7/10/2019.]
October 3, 2018 Filing 5 PROPOSED SUMMONS to be issued FreedomPay, Inc. by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 3, 2018 Filing 4 PROPOSED SUMMONS to be issued Banc of America Merchant Services, LLC by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 3, 2018 Filing 3 PROPOSED SUMMONS to be issued Bank of America N.A. by Plaintiffs Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 3, 2018 Filing 2 CERTIFICATE of Interested Parties by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Celebrity Brands LLC, Other Affiliate Tivoli Holding Firm LLC, Other Affiliate Perry Famularo for Canters Deli Tivoli Village LLC; Other Affiliate Celebrity Brands LLC, Other Affiliate Perry Famularo, Other Affiliate High Roller Holding Firm LLC for Canters Deli Las Vegas LLC added. (Chance, Travis) [Transferred from Nevada on 7/10/2019.]
October 2, 2018 Case assigned to Judge Kent J. Dawson and Magistrate Judge Nancy J. Koppe. (ADR) [Transferred from Nevada on 7/10/2019.]
October 2, 2018 Filing 1 COMPLAINT against Banc of America Merchant Services, LLC, Bank of America, N.A., FreedomPay, Inc. (Filing fee $400 receipt number 0978-5265587) by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. Proof of service due by 12/31/2018. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Bult, Adam) 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 7/10/2019.]

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Search for this case: Canters Deli Las Vegas LLC et al v. Banc of America Merchant Services, LLC et al
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Plaintiff: Canters Deli Tivoli Village LLC
Represented By: Travis Franklin Chance
Represented By: Adam K. Bult
Represented By: Kari Russwurm Johnson
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Plaintiff: Canters Deli Las Vegas LLC
Represented By: Travis Franklin Chance
Represented By: Adam K. Bult
Represented By: Kari Russwurm Johnson
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Defendant: Banc of America Merchant Services, LLC
Represented By: Ariel E. Stern
Represented By: Rex Garner
Represented By: Harrison A. Lord
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Defendant: FreedomPay, Inc.
Represented By: Lynne McChrystal
Represented By: Craig J. Mariam
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Defendant: Bank of America N.A.
Represented By: Ariel E. Stern
Represented By: Rex Garner
Represented By: Harrison A. Lord
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