Electronic Merchant Systems LLC v. Searchfinder LLC et al
Plaintiff: Electronic Merchant Systems LLC doing business as Electronic Merchant Systems
Defendant: Searchfinder LLC doing business as www.Searchfinder.com and Vasily A. Fomin
Counter Claimant: Searchfinder LLC
Counter Defendant: Electronic Merchant Systems LLC
Case Number: 1:2023cv01012
Filed: May 19, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Bridget Meehan Brennan
Referring Judge: Charles Esque Fleming
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2023 Opinion or Order Filing 17 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b)(3) - parties do not consent to this case being assigned to the magistrate judge, filed by Vasily A. Fomin, Searchfinder LLC. (Preslan, Clinton)
June 29, 2023 Opinion or Order Order [non-document] granting the parties' stipulated motion for an extension of time. (Doc. No. 16.) Plaintiff to reply to Defendants' Counterclaim on or before July 20, 2023. Judge Bridget Meehan Brennan on 6/29/2023. (H,AR)
June 28, 2023 Opinion or Order Filing 16 Stipulated Motion for extension of time until July 20, 2023 to answer Counterclaim filed by Counter-Defendant Electronic Merchant Systems LLC. Related document(s) #11 . (Cavell, Hunter)
June 27, 2023 Opinion or Order Order [non-document] granting Attorney James C. Huber's motion for appearance pro hac vice. (Doc. No. 15.) 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. Judge Bridget Meehan Brennan on 6/27/2023. (H,AR)
June 27, 2023 Opinion or Order Order [non-document] granting Attorney Steven M. Benson's motion for appearance pro hac vice. (Doc. No. 14.) 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. Judge Bridget Meehan Brennan on 6/27/2023. (H,AR)
June 23, 2023 Opinion or Order Filing 15 Motion for attorney James C. Huber to Appear Pro Hac Vice with Affidavit and Certificate of Good Standing Filing fee $ 120, receipt number AOHNDC-12056671, filed by Vasily A. Fomin, Searchfinder LLC. (Preslan, Clinton) Modified on 6/26/2023 (S,KM).
June 23, 2023 Opinion or Order Filing 14 Motion for attorney Steven M. Benson to Appear Pro Hac Vice with Affidavit and Certificate of Good Standing Filing fee $ 120, receipt number AOHNDC-12056656, filed by Vasily A. Fomin, Searchfinder LLC. (Preslan, Clinton) Modified on 6/26/2023 (S,KM).
June 9, 2023 Opinion or Order Filing 13 Corporate Disclosure Statement identifying Corporate Parent EMS Enterprise Investment, Inc. for Electronic Merchant Systems LLC filed by Electronic Merchant Systems LLC. (Cavell, Hunter)
June 9, 2023 Opinion or Order Filing 12 Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 6/9/2023. A telephonic Case Management Conference is set for 7/25/2023 at 9:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. (Attachments: #1 Report of Parties' Planning Meeting, #2 Letter from Chief Judge Lioi, #3 Magistrate Consent Form, #4 Standard for Discovery of Electronically Stored Information, #5 Rule 30.1) (H,AR)
June 9, 2023 Opinion or Order Order [non-document]: Plaintiff has filed a voluntary notice of dismissal (Doc. No. #10 ) of the claim at issue in Defendants' motion to dismiss (Doc. No. #4 ). Accordingly, the motion to dismiss is DENIED as moot. Judge Bridget Meehan Brennan on 6/9/2023. (H,AR)
June 8, 2023 Opinion or Order Filing 11 Answer Affirmative Defenses, and, Counterclaim against Electronic Merchant Systems LLC filed by Searchfinder LLC, Vasily A. Fomin. Related document(s) #1 . (Attachments: #1 Exhibit Merchant Processing Agreement, #2 Exhibit CFPB Complaint naming EMS, #3 Exhibit Merchant Mavericks Review of EMS) (Preslan, Clinton)
June 2, 2023 Opinion or Order Filing 10 Notice of Dismissal Under FRCP 41(a)(1) (A) of Dismissal of Count III Fraud Only without Prejudice filed by Electronic Merchant Systems LLC. (Cavell, Hunter)
June 1, 2023 Opinion or Order Filing 9 Jury Demand filed by Vasily A. Fomin, Searchfinder LLC. (Preslan, Clinton)
May 31, 2023 Opinion or Order Filing 8 Certified copies of state court documents received from Cuyahoga County Court of Common Pleas, case number CV-23-978117. (Related document(s) #1 ) (H,SP)
May 30, 2023 Opinion or Order Filing 7 Initial Standing Order. Judge Bridget Meehan Brennan on 5/30/2023. (R,AP)
May 30, 2023 Opinion or Order Filing 6 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Charles Esque Fleming on 5/30/2023. Related Document #5 . (S,SR)
May 30, 2023 Opinion or Order Judge Bridget Meehan Brennan assigned to case. Judge Charles Esque Fleming terminated. (R,AP)
May 26, 2023 Opinion or Order Filing 5 Motion to reassign case filed by Vasily A. Fomin, Searchfinder LLC. (Preslan, Clinton)
May 26, 2023 Opinion or Order Filing 4 Motion to dismiss for failure to state a claim upon which relief may be granted or, in the alternative Motion for more definite statement, and request for suspension of deadline to file Answer and Counterclaim filed by Vasily A. Fomin, Searchfinder LLC. (Related document(s) #1 ). (Attachments: #1 Exhibit Certification Specifying Track) (Preslan, Clinton). Added Motion for more definite statement on 6/6/2023 (H,SP).
May 19, 2023 Opinion or Order Filing 3 Magistrate Consent Form issued. (H,Ch)
May 19, 2023 Opinion or Order Filing 2 Corporate Disclosure Statement filed by Searchfinder LLC. (Preslan, Clinton)
May 19, 2023 Opinion or Order Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-23-978117 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12003227. Filed by Searchfinder LLC, Vasiliy A. Fomin. (Attachments: #1 Exhibit A: Docket and Complaint, #2 Exhibit B: Summons, #3 Exhibit C: Notice to the Court of Common Pleas of the Filing of Joint Removal, #4 Exhibit D: Civil Cover Sheet) (Preslan, Clinton)
May 19, 2023 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (H,Ch)
May 19, 2023 Opinion or Order Judge Charles Esque Fleming assigned to case. (H,Ch)

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Plaintiff: Electronic Merchant Systems LLC doing business as Electronic Merchant Systems
Represented By: Egon P. Singerman
Represented By: Hunter G. Cavell
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Defendant: Searchfinder LLC doing business as www.Searchfinder.com
Represented By: Clinton E. Preslan, Jr.
Represented By: James C. Huber
Represented By: Steven M. Benson
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Defendant: Vasily A. Fomin
Represented By: Clinton E. Preslan, Jr.
Represented By: James C. Huber
Represented By: Steven M. Benson
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Counter claimant: Searchfinder LLC
Represented By: James C. Huber
Represented By: Steven M. Benson
Represented By: Clinton E. Preslan, Jr.
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Counter defendant: Electronic Merchant Systems LLC
Represented By: Egon P. Singerman
Represented By: Hunter G. Cavell
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