Electronic Merchant Systems LLC v. Montgomery et al
| Electronic Merchnat Systems LLC Formerly Known As Francis David Corp. dba Electronic Merchant Systems, Francis David Corp. dba Electronic Merchant Systems, Electronic Merchant Systems LLC formerly known as Francis David Corp. doing business as Electronic Merchant Systems and Francis David Corp. |
| Peter Gaal and Nikoletta Montgomery |
| 1:2020cv01898 |
| August 25, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
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Filing 46
Order granting #44 Unopposed Motion for extension of Time to Oppose #43 Motion to Dismiss until May 9, 2022. Signed by Judge Dan Aaron Polster on 3/28/2022.(K,K)
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Filing 45
Proposed Order GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO OPPOSE DEFENDANT'S MOTION TO DISMISS filed by Electronic Merchant Systems LLC. Related document(s) #44 . (Cavell, Hunter)
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Filing 44
Unopposed Motion for extension of Time to Oppose Motion to Dismiss until May 9, 2022 filed by Plaintiff Electronic Merchant Systems LLC. Related document(s) #43 . (Cavell, Hunter)
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Filing 43
Motion to dismiss for lack of jurisdiction, or in the alternative, Motion to dismiss for failure to state a claim filed by Defendant Peter Gaal. (Durst, Alexander). Modified to add second motion part on 3/15/2022 (M,CE).
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Filing 42
Order granting Motion to exceed page limitations (Related Doc #41 ). Signed by Judge Dan Aaron Polster on 3/9/2022.(K,K)
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Filing 41
Motion for leave to exceed page limitations filed by Defendant Peter Gaal. (Attachments: #1 Proposed Order)(Durst, Alexander)
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Filing 40
Amended complaint against Peter Gaal. Filed by Electronic Merchant Systems LLC. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B- Second Agreement, #3 Exhibit C - Service Ticket) (Cavell, Hunter)
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Filing 39
Order granting Plaintiff's Unopposed Motion for extension until February 25, 2022 to file amended complaint (Related Doc #37 ). Signed by Judge Dan Aaron Polster on 2/8/2022.(K,K)
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Filing 38
Proposed Order ENTRY GRANTING UNOPPOSED MOTION TO AMEND COMPLAINT filed by Electronic Merchant Systems LLC. Related document(s) #37 . (Cavell, Hunter)
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Filing 37
Second Unopposed Motion to amend complaint with Memorandum in Support filed by Plaintiff Electronic Merchant Systems LLC. Related document(s) #36 . (Cavell, Hunter) Modified text on 2/8/2022 (M,CE).
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Filing 36
Order granting Plaintiff's Motion to amend complaint no later than February 11, 2022. (Related Doc #34 ) Signed by Judge Dan Aaron Polster on 1/11/2022.(K,K)
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Order [non-document] denying as moot Motion to dismiss for lack of jurisdiction. (Related Doc # #33 , #36 ) Entered on behalf of Judge Dan Aaron Polster on 1/11/2022.(K,K)
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Filing 35
Entry granting unopposed motion to amend complaint, filed by Electronic Merchant Systems LLC. Related document(s) #34 . (Cavell, Hunter)
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Filing 34
Unopposed Motion to amend complaint, with memorandum in support, filed by Plaintiff Electronic Merchant Systems LLC. Related document(s) #1 . (Cavell, Hunter)
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Filing 33
Motion to dismiss for lack of personal jurisdiction, with memorandum in support, filed by Defendant Peter Gaal. (Attachments: #1 Exhibit A - Proof of Claim, #2 Merchant Application/Agreement, #3 Merchant Agreement). (Durst, Alexander)
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Filing 32
Order granting Defendant's #31 Unopposed Motion for extension of time until 12/14/2021 to answer . Peter Gaal answer due 12/14/2021. Signed by Judge Dan Aaron Polster on 11/22/2021.(K,K)
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Filing 31
Motion for extension of time until 12/14/2021 to move, plead or otherwise respond to complaint with memorandum in support filed by Defendant Peter Gaal. (Attachments: #1 Proposed Order)(Durst, Alexander)
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Filing 30
Order granting Defendant's #29 Motion for extension of time until 11/23/2021 to answer . Peter Gaal answer due 11/23/2021. Signed by Judge Dan Aaron Polster on 11/8/2021.(K,K)
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Filing 29
Motion for extension of time until 11/23/2021 to answer, filed by Defendant Peter Gaal. Related document(s) #1 . (Attachments: #1 Proposed Order). (Durst, Alexander)
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Filing 28
Order granting Defendant's Motion for relief from length restrictions governing memorandum in support of forthcoming Motion to Dismiss (Related Doc #27 ). Signed by Judge Dan Aaron Polster on 11/5/2021.(K,K)
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Filing 27
Motion for relief from length restrictions governing memorandum in support of forthcoming Motion to Dismiss, filed by Defendant Peter Gaal. (Attachments: #1 Proposed Order). (Durst, Alexander)
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Filing 26
Attorney Appearance by Alexander J. Durst filed by on behalf of Peter Gaal. (Durst, Alexander)
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Filing 25
Notice of Compliance filed by Electronic Merchant Systems LLC. Related document(s) #24 .(DeGrave, Heather)
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Filing 24
Order . For the reasons stated in the Order, Electronic Merchant Systems LLC's Request for Clerk's Entry of Default Judgment against Defendant Peter Gaal is hereby DENIED. (ECF Doc. #23 ). The Court instructs EMS to provide Defendant Gaal with Hungarian translations of any written agreements or other nonpublic documents that are attached to its Complaint as exhibits. Signed by Judge Dan Aaron Polster on 6/23/21.(W,CM)
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Filing 23
Motion for default judgment filed by Plaintiff Electronic Merchant Systems LLC. (Attachments: #1 Exhibit A - Documents sent to the Ministry of Justice in Hungary for service, #2 Exhibit B - Certificate of service). (DeGrave, Heather)
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Filing 22
Marginal Order and Notice of Party Dismissal. Plaintiff's claims in this action against the Defendant, Nikoletta Montgomery only, is voluntarily dismissed without prejudice. (Related document #21 ). Signed by Judge Dan Aaron Polster on 1/21/2021. (K,K)
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Filing 21
Notice of Voluntary Dismissal Without Prejudice of Defendant, Nikoletta Montgomery, filed by Electronic Merchant Systems LLC. (DeGrave, Heather)
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Order [non-document] denying as moot Defendant Nikoletta Montgomery's Motion to dismiss for failure to state a claim (Related Doc #20 ). Plaintiff's claims against the defendant are dismissed as of 1/21/2021. Entered on behalf of Judge Dan Aaron Polster on 1/21/2021.(K,K)
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Filing 20
Motion to dismiss for failure to state a claim upon which Relief Can be Granted Pursuant to Fed.R.Civ.P. 12(b)(6), and For Lack of Personal Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(2) and Alternatively under Fed.R.Civ.P. 9(b) filed by Defendant Nikoletta Montgomery. Related document(s) #1 . (Schmidt, Stephen)
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Filing 19
Attorney Appearance by Alexander S. Rodger filed by on behalf of Nikoletta Montgomery. (Rodger, Alexander)
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Filing 18
Order granting Defendant's #16 Unopposed Motion for extension of time until 01/12/2021 to answer , Move, or Otherwise Plead in Response to Plaintiff's Complaint. Nikoletta Montgomery answer due 1/12/2021. Signed by Judge Dan Aaron Polster on 12/21/2020.(K,K)
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Filing 17
Attorney Appearance by Stephen S. Schmidt , Ryan F. Hemmerle and Alex S. Rodger filed by on behalf of Nikoletta Montgomery. (Schmidt, Stephen)
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Filing 16
Unopposed Motion for extension of time until 01/12/2021 to answer , move, or otherwise plead in response to Plaintiff's Complaint, filed by Defendant Nikoletta Montgomery. (Attachments: #1 Proposed Order)(Schmidt, Stephen)
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Filing 15
Return of Service by Clerk by certified mail executed upon Nikoletta Montgomery on 12/1/2020, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Electronic Merchant Systems LLC. Related document(s) #12 . (L,Br)
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Service by Clerk. Summons and Complaint addressed to Nikoletta Montgomery receipt # 7018 2290 0002 3004 5850. Placed in U.S. Mail. Type of service: certified mail. (R,AP)
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Order [non-document] granting Plaintiff's #11 Motion for extension of time until 12/31/2020 to serve Defendant Nikoletta Montgomery. Approved by Judge Dan Aaron Polster on 12/4/2020.(K,K)
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Filing 14
Alias Summons issued to counsel for service upon Nikoletta Montgomery. (W,CM)
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Filing 13
Praecipe for issuance of Alias Summons filed by Electronic Merchant Systems LLC. (Attachments: #1 Summons Alias Summons)(DeGrave, Heather)
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Service by Clerk. Summons and Complaint addressed to Nikoletta Montgomery placed in U.S. Mail. Type of service: certified mail. Receipt # 7018 2290 0002 3004 5836. (L,MI)
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Filing 12
Original Summons issued to counsel for service upon Nikoletta Montgomery. (Y,A)
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Filing 11
Motion for extension of time until 12/31/2020 to serve Defendant Nikoletta Montgomery filed by Plaintiff Electronic Merchant Systems LLC. (Attachments: #1 Exhibit request for waiver of service)(DeGrave, Heather)
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Filing 10
Praecipe for issuance of Original Summons filed by Electronic Merchant Systems LLC. (Attachments: #1 Summons)(DeGrave, Heather)
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Filing 9
Supplement (Certificate of Good Standing) to #7 Motion for attorney Heather A. DeGrave to Appear Pro Hac Vice. (K,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Heather A. DeGrave for Electronic Merchant Systems LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Approved by Judge Dan Aaron Polster on 9/14/2020.(K,K)
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Filing 8
Supplement (Certificate of Good Standing) to #6 Motion for attorney Stuart Jay Levine to Appear Pro Hac Vice. Filed by Electronic Merchant Systems LLC. (K,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Stuart Jay Levine for Electronic Merchant Systems LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Approved by Judge Dan Aaron Polster on 9/11/2020.(K,K)
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Filing 7
Motion for attorney Heather A. DeGrave to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660125883, filed by Plaintiff Electronic Merchant Systems LLC. (B,R)
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Filing 6
Motion for attorney Stuart Jay Levine to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660125882, filed by Plaintiff Electronic Merchant Systems LLC. (B,R)
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Filing 5
Original Summons issued to counsel for service upon Peter Gaal. (W,CM)
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Filing 4
Praecipe for issuance of filed by Electronic Merchant Systems LLC. (Singerman, Egon)
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Filing 3
Supplement - Summons In A civil Action, filed by Electronic Merchant Systems LLC. (Singerman, Egon)
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Filing 2
Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI)
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Judge Dan Aaron Polster assigned to case. (L,MI)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI)
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Filing 1
Complaint against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10213729. Filed by Electronic Merchant Systems LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Merchant Agreement #3 Exhibit B - Transactions) (Singerman, Egon)
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