National Payment Systems LLC v. BSR Acquisition Company LLC et al
| National Payment Systems LLC |
| Aurora Solutions LLC and BSR Acquisition Company LLC |
| 3:2020cv00983 |
| June 18, 2020 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 40 MINUTES of Proceedings: Oral Argument held by telephone before Magistrate Judge Stacie F. Beckerman regarding Plaintiff's Motion to Remand to State Court (ECF No. #15 ) on 8/13/2020. The motion is argued and taken under advisement as of 8/13/2020. Defendants stipulated to remand on the record, and therefore the Court will recommend that the district judge remand this case to state court when the Court enters its findings and recommendation on Plaintiff's motion to remand (ECF No. #15 ), which also includes a request for attorney's fees. In light of the stipulated remand, the Court denies as moot Defendants' Motion to Compel Arbitration (ECF No. #13 ), Defendants' Motion for Leave to Conduct Jurisdictional Discovery (ECF No. #23 ), and Defendants' Motion to Strike Amended Complaint (ECF No. #24 ). Melissa Ann Bozeman, Oliver Griffin and Matthew S. Kirkpatrick present as counsel for plaintiffs. Laura P. Merritt, Eric R. Mills, and Justin C. Sawyer present as counsel for defendants. Court Reporter: Ryan White, (503) 326-8184. Magistrate Judge Stacie F. Beckerman presiding. (gw) |
| Filing 39 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
Filing 38
ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. #37 ) for Oliver D. Griffin. Ordered on 8/13/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Oliver D. Griffin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7085712 #37 : Reviewed and Ready for Ruling. (sss) |
| Filing 37 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Oliver D. Griffin. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7085712. Filed by All Plaintiffs. (Griffin, Oliver) |
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Filing 36
SCHEDULING ORDER regarding Plaintiff's Motion to Remand to State Court (ECF No. #15 ): Oral Argument is set for Thursday, 8/13/2020, at 10:00 AM Pacific Daylight Time in Portland by telephone before Magistrate Judge Stacie F. Beckerman. (Conference line numbers to follow in separate sealed entry.) Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
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| Filing 35 Declaration of Matthew Kirkpatrick . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 34 Declaration of Leland Abide . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 33 Declaration of Melissa Bozeman . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 32 Declaration of Oliver Griffin . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 31 Declaration of Jon Beckman . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 30 Declaration of Sabin Burrell . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 29 Second Declaration of John Hynes . Filed by National Payment Systems LLC. (Related document(s): Reply to Motion #28 .) (Kirkpatrick, Matthew) |
| Filing 28 Reply to Motion to Remand to State Court #15 Oral Argument requested. Filed by National Payment Systems LLC. (Kirkpatrick, Matthew) |
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Filing 27
ORDER: Plaintiff shall include the following information in its Reply in Support of its Motion to Remand: (1) the current members of Eventus Holdings, LLC ("Eventus"); (2) the date upon which each Eventus member became a member; and (3) the state citizenship of each Eventus member, and the date upon which they established citizenship in that state. Plaintiff shall respond to Defendants' Motion for Leave to Conduct Jurisdictional Discovery (ECF No. #23 ), in its Reply. If Plaintiff elects to share this jurisdictional information with Defendants prior to filing its Reply, and if Defendants are satisfied that there is no diversity jurisdiction and stipulate to remand, the parties shall notify the Court forthwith. The Court STAYS any further briefing on Defendant's Motion to Strike Amended Complaint (ECF No. #24 ), pending resolution of Plaintiff's Motion to Remand (ECF No. #15 ). Ordered on 7/28/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 26
ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. #25 ) for Melissa A. Bozeman. Ordered on 7/27/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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| Filing 25 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Melissa A. Bozeman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7028695. Filed by National Payment Systems LLC. (Bozeman, Melissa) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Melissa A. Bozeman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7028695 #25 : Reviewed and Ready for Ruling. (ecp) |
| Filing 24 Motion to Strike Amended Complaint #12 . Filed by Aurora Solutions LLC, BSR Acquisition Company LLC. (Edwards, Derek) |
| Filing 23 Motion for Leave to Conduct Jurisdictional Discovery. Filed by Aurora Solutions LLC, BSR Acquisition Company LLC. (Edwards, Derek) |
| Filing 22 MINUTES of Proceedings: Telephonic Scheduling Conference held on 7/21/2020. ORDER: staying further briefing on Defendants' Motion to Compel Arbitration (ECF No. #13 ), pending resolution of Plaintiff's Motion to Remand (ECF No. #15 ). Matthew Kirkpatrick present as counsel for plaintiff. Derek Edwards, Laura Merritt, and Justin Sawyer present as counsel for defendants. Court Reporter: Bonita Shumway. Magistrate Judge Stacie F. Beckerman presiding. (pvh) |
| Filing 21 Declaration of Derek W. Edwards . Filed by Aurora Solutions LLC, BSR Acquisition Company LLC. (Related document(s): Response in Opposition to Motion #20 .) (Attachments: #1 Exhibit A: Information from Wyoming Secretary of State, #2 Exhibit B: Company Investigator Report, #3 Exhibit C(a): Complaint in 3:19-cv-01554, #4 Exhibit C(b): Corporate Disclosure Statement in 3:19-cv-01554, #5 Exhibit D: Correspondence between counsel re 07.01.20 meet & confer) (Edwards, Derek) |
| Filing 20 Response in Opposition to Motion to Remand to State Court #15 . Filed by Aurora Solutions LLC, BSR Acquisition Company LLC. (Edwards, Derek) |
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Filing 19
SCHEDULING ORDER regarding Defendants' Motion to Compel Arbitration, in Part, and Dismiss Or, Alternatively, Stay This Proceeding (ECF No. #13 ) and Plaintiff's Motion to Remand to State Court (ECF No. #15 ): Scheduling Conference is set for Tuesday, 7/21/2020, at 10:00 AM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. The parties shall call into the court's conference line (phone number to be provided via separate sealed entry) five minutes before the scheduled conference time. The court will join the conference call at the appointed time. Ordered by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 18
ORDER: Granting Plaintiff's Unopposed Motion for Extension of Time and Request for Scheduling Conference (ECF No. #17 ). Plaintiff's Response to Defendants' Motion to Compel Arbitration, in Part, and Dismiss Or, Alternatively, Stay This Proceeding (ECF No. #13 ) is due by 7/23/2020. Defendants' Response to Plaintiff's Motion to Remand to State Court (ECF No. #15 ) is due by 7/28/2020. The Court will schedule a telephonic conference shortly. Ordered on 7/16/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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| Filing 17 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Compel Arbitration, in Part, and Dismiss Or, Alternatively, Stay This Proceeding #13 , Motion to Remand to State Court #15 . Expedited Hearing requested. Filed by National Payment Systems LLC. (Kirkpatrick, Matthew) |
| Filing 16 Declaration of John Hynes . Filed by National Payment Systems LLC. (Related document(s): Motion to Remand #15 .) (Kirkpatrick, Matthew) |
| Filing 15 Motion to Remand to State Court. Oral Argument requested. Filed by National Payment Systems LLC. (Kirkpatrick, Matthew) |
| Filing 14 Corporate Disclosure Statement . Filed by National Payment Systems LLC. (Kirkpatrick, Matthew) |
| Filing 13 Motion to Compel Arbitration, in Part, and Dismiss Or, Alternatively, Stay This Proceeding. Filed by Aurora Solutions LLC, BSR Acquisition Company LLC. (Edwards, Derek) |
| Filing 12 First Amended Complaint . Filed by National Payment Systems LLC against All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B). (Kirkpatrick, Matthew) |
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Filing 11
ORDER: Granting Motion for Leave to Appear Pro Hac Vice for Laura P. Merritt (ECF No. #9 ). Ordered on 6/25/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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Filing 10
ORDER: Granting Motion for Leave to Appear Pro Hac Vice for Derek W. Edwards (ECF No. #8 ). Ordered on 6/25/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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| Filing 9 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura P. Merritt. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6896145. Filed by BSR Acquisition Company LLC, Aurora Solutions LLC. (Merritt, Laura) |
| Filing 8 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Derek Wayne Edwards. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6896116. Filed by BSR Acquisition Company LLC, Aurora Solutions LLC. (Edwards, Derek) |
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Filing 7
ORDER: Granting Defendants' Unopposed Motion for Extension of Time (ECF No. #6 ). Answer or other responsive pleading is due by 7/2/2020. Ordered on 6/25/2020 by Magistrate Judge Stacie F. Beckerman. (gw)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura P. Merritt. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6896145 #9 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Derek Wayne Edwards. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6896116 #8 : Reviewed and Ready for Ruling. (ecp) |
| Filing 6 Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Sawyer, Justin) |
| Filing 5 Notice of Removal to Plaintiff Filed by All Defendants. (Sawyer, Justin) |
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Filing 4
Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 10/20/2020. Joint Alternate Dispute Resolution Report is due by 11/19/2020. Pretrial Order is due by 11/19/2020. Ordered by Magistrate Judge Stacie F. Beckerman. (joha)
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| Filing 3 Joint Notice of Removal Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6859544. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Aurora Solutions LLC (Attachments: #1 Civil Cover Sheet). (Sawyer, Justin) Modified docket text to update payment information on 6/18/2020 (eo). |
| Filing 2 Corporate Disclosure Statement . Filed by BSR Acquisition Company LLC. (Sawyer, Justin) |
| Filing 1 Corporate Disclosure Statement . Filed by Aurora Solutions LLC. (Sawyer, Justin) |
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