Canters Deli Las Vegas LLC et al v. Banc of America Merchant Services, LLC et al
Canters Deli Tivoli Village LLC and Canters Deli Las Vegas LLC |
Banc of America Merchant Services, LLC, FreedomPay, Inc. and BANK OF AMERICA N.A. |
2:2019cv03030 |
July 10, 2019 |
US District Court for the Eastern District of Pennsylvania |
Philadelphia Office |
MITCHELL S GOLDBERG |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
None |
Docket Report
This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.
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Filing 60 DEFENDANT FREEDOMPAY, INC.S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO RULE 12(b)(6) AND MOTION TO STRIKE DEMANDS FOR PUNITIVE AND CONSEQUENTIAL DAMAGES AND ATTORNEYS FEES PURSUANT TO RULE 12(f), CERTIFICATE OF SERVICE. (fdc) |
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Filing 58 MOTION for Leave to File a Reply Brief in Support of Its Motion to Dismiss Plaintiffs Amended Complaint for Failure to State A Claim Pursuant to Rule 12(b)(6) and Motion to Strike Demands for Punitive and Consequential Damages and Attorneys Fees Pursuant to Rule 12(f) filed by FreedomPay, Inc..Certificate of Service. (Attachments: #1 Exhibit A - Reply Brief in Support of Its Motion to Dismiss Plaintiffs Amended Complaint for Failure to State A Claim Pursuant to Rule 12(b)(6) and Motion to Strike Demands for Punitive and Consequential Damages and Attorneys Fees Pursuant to Rule 12(f), #2 Text of Proposed Order)(GILLER, RONALD) |
Filing 57 RESPONSE in Opposition re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(b)(6) and Motion to Strike Demands for Punitive and Consequential Damages and Attorneys' Fees Pursuant to Rule 12(f) - Amended Complaint filed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (Attachments: #1 Text of Proposed Order)(KARCICH, DANIELLE) |
Filing 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(b)(6) and Motion to Strike Demands for Punitive and Consequential Damages and Attorneys' Fees Pursuant to Rule 12(f) - Amended Complaint filed by FreedomPay, Inc..Memorandum in Support, Certificate of Service. (Attachments: #1 Text of Proposed Order)(GILLER, RONALD) |
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Filing 54 NOTICE of Appearance by RONALD A. GILLER on behalf of FreedomPay, Inc. with Certificate of Service(GILLER, RONALD) |
Filing 53 NOTICE by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC re #52 Notice (Other) (KARCICH, DANIELLE) |
Filing 52 NOTICE by FreedomPay, Inc. re #50 Amended Complaint Pursuant to 12(b)(6) Procedural Order, Request for Pre-Motion Conference Seeking Leave to Move to Dismiss (SAKSEN, ALEXANDER) |
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Filing 50 Amended Complaint against FreedomPay, Inc. filed by Canters Deli Las Vegas LLC and Canters Deli Tivoli Village LLC., Certificate of Service.(mbh, ) |
Filing 49 STIPULATION THAT DEFENDANT'S RESPONSE TO PLAINTIFFS' AMENDED COMPLAINT BE DUE 21 DAYS AFTER RECEIPT by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC.. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (KARCICH, DANIELLE) Modified on 9/3/2019 (fb). |
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Filing 47 NOTICE by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC re #44 Notice (Other) Pursuant to Standing Procedural Order (KARCICH, DANIELLE) |
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Filing 44 NOTICE by FreedomPay, Inc. re #1 Complaint,, Pursuant to 12(b)(6) Procedural Order, Request for Pre-Motion Conference Seeking Leave to File Motion to Dismiss (SAKSEN, ALEXANDER) |
Filing 43 MOTION for Pro Hac Vice of Adam K. Bult ( Filing fee $ 40 receipt number 0313-13708037.) filed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC.Certificate of Service.(DORAN, PATRICK) |
Filing 42 MOTION for Pro Hac Vice of Travis S. Chance ( Filing fee $ 40 receipt number 0313-13707991.) filed by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC.Certificate of Service.(DORAN, PATRICK) |
Filing 41 NOTICE of Appearance by DANIELLE M. KARCICH on behalf of Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC with Certificate of Service(KARCICH, DANIELLE) |
Filing 40 STATUS REPORT - Joint by Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC. (DORAN, PATRICK) |
Filing 39 NOTICE of Appearance by PATRICK J. DORAN on behalf of Canters Deli Las Vegas LLC, Canters Deli Tivoli Village LLC with Certificate of Service(DORAN, PATRICK) |
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Filing 37 Case transferred in from District of Nevada; Case Number 2:18-cv-01908. Original file certified copy of transfer order and docket sheet received. |
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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 7/12/2019.] |
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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 7/12/2019.] |
Filing 32 REPLY to Response to #30 Motion to Change Venue by Defendant FreedomPay, Inc.. (Mariam, Craig) [Transferred from Nevada on 7/12/2019.] |
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 7/12/2019.] |
Filing 30 MOTION to Change Venue; filed by Defendant FreedomPay, Inc.. Responses due by 1/18/2019. (Mariam, Craig) [Transferred from Nevada on 7/12/2019.] |
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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 7/12/2019.] |
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 7/12/2019.] |
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Filing 24 REPLY to Response to #10 Motion to Dismiss,, by Defendant FreedomPay, Inc.. (Mariam, Craig) [Transferred from Nevada on 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
Filing 6 Summons Issued as to All Defendants re #1 Complaint. (ADR) [Transferred from Nevada on 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
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 7/12/2019.] |
Case assigned to Judge Kent J. Dawson and Magistrate Judge Nancy J. Koppe. (ADR) [Transferred from Nevada on 7/12/2019.] |
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