AppTech Payments Corp v. NCR Payment Solutions LLC et al
| AppTech Payments Corp |
| NCR Payment Solutions LLC and Does 1 through 10 |
| 3:2023cv02015 |
| September 5, 2023 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ELECTRONIC ORDER granting #31 Motion to Withdraw as Attorney. (Ordered by Judge Brantley Starr on 10/6/2023) (chmb)
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| Filing 34 NOTICE of Attorney Appearance by Bruce W Akerly on behalf of AppTech Payments Corp. (Filer confirms contact info in ECF is current.) (Akerly, Bruce) |
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Filing 33
ELECTRONIC ORDER granting #30 Application for Admission Pro Hac Vice of Bryce M. Van De Moere. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/29/2023) (chmb)
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Filing 32
ELECTRONIC ORDER granting #29 Application for Admission Pro Hac Vice of Kelly Campanella. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/29/2023) (chmb)
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| Filing 31 MOTION to Withdraw as Attorney filed by AppTech Payments Corp (Van De Moere, Bryce) |
| Filing 30 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14069700) filed by AppTech Payments Corp (Attachments: #1 Proposed Order Proposed Order PHV, #2 Additional Page(s) Certificate of Good Standing) (Van De Moere, Bryce) |
| Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kelly E. Campanella (Filing fee $100; Receipt number ATXNDC-14067518) filed by NCR Payment Solutions LLC (Attachments: #1 Affidavit(s) Certificate of Good Standing) (Robinson, John) |
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Filing 28
ELECTRONIC ORDER granting #27 Motion to Substitute Attorney. Defendants counsel of record, X. Diego Wu Min, withdraws as counsel of record of Defendant NCR Payment Solutions, LLC. John Dryden Robinson is now counsel of record for Defendant NCR Payment Solutions, LLC. (Ordered by Judge Brantley Starr on 9/28/2023) (chmb)
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| Filing 27 MOTION to Substitute Attorney, added attorney John Dryden Robinson,John Dryden Robinson for NCR Payment Solutions LLC. Motion filed by NCR Payment Solutions LLC (Attachments: #1 Proposed Order) (Robinson, John) |
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Filing 26
ELECTRONIC ORDER: The Court ORDERS the parties to appoint local counsel, in accordance with Local Rule 83.10, or to file a motion to proceed without local counsel, by October 20, 2023. (Ordered by Judge Brantley Starr on 9/19/2023) (chmb)
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| Filing 25 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm) |
| Filing 24 Case electronically transferred in from District of California Southern; Case Number 3:22-cv-01889. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified filed date on 9/8/2023 (axm). |
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Filing 23
ORDER: (1) Granting Motion to Compel Arbitration; (2) Granting Motion to Transfer Venue; and (3) Denying Motion to Dismiss as Moot (ECF No. #12 ). Case transferred to District of Northern District of Texas, Dallas Division. Files transferred electronically to: *District of Northern District of Texas, Dallas Division*.*1100 Commerce Street, Room 1452**Dallas, TX 752421310*. Signed by District Judge James E. Simmons, Jr on 9/1/2023. (Attachments: #1 Order) (All non-registered users served via U.S. Mail Service) (maq) [Transferred from California Southern on 9/8/2023.]
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| Filing 22 Minute Entry for proceedings held before District Judge James E. Simmons, Jr: Motion Hearing held on 4/6/2023 re #12 MOTION to Change Venue to Northern District of Texas MOTION to Compel Arbitration MOTION to Dismiss for Failure to State a Claim filed by NCR Payment Solutions, LLC. Motions are taken under submission. Court to issue written order.(Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney Michael David Douglas). (Defendant Attorney Nicholas Demeropolis and Xiao Jing Diego Wu Min). (no document attached) (ekb) [Transferred from California Southern on 9/8/2023.] |
| Filing 21 REPLY Memorandum in Support of Motion to Transfer Venue, Motion to Compel Arbitration, and in the Alternative, Motion to Dismiss filed by NCR Payment Solutions, LLC. (Demeropolis, Nicholas) (maq). [Transferred from California Southern on 9/8/2023.] |
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Filing 20
ORDER OF TRANSFER. Judge Todd W. Robinson is no longer assigned. Case reassigned to District Judge James E. Simmons, Jr for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 22cv1889-JES-WVG. Signed by Judge Todd W. Robinson on 03/17/2023.(All non-registered users served via U.S. Mail Service)(cxl1) [Transferred from California Southern on 9/8/2023.]
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| Filing 19 RESPONSE in Opposition re #12 MOTION to Change Venue to Northern District of Texas MOTION to Compel Arbitration MOTION to Dismiss for Failure to State a Claim filed by AppTech Payments Corp.. (Douglas, Michael) (aas). [Transferred from California Southern on 9/8/2023.] |
| Filing 18 SUMMONS Returned Executed by AppTech Payments Corp.. NCR Payment Solutions, LLC served. (Dryden, Christopher)(cxl1). [Transferred from California Southern on 9/8/2023.] |
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Filing 17
ORDER discharging #4 Order to Show Cause. Having reviewed the #16 Response to Motion filed by Plaintiff AppTech Payments Corp., the Court is satisfied that it has subject-matter jurisdiction over this action. The Court therefore DISCHARGES its December 5, 2022 Order to Show Cause. The issue of venue will be decided based on the briefing on the MOTION to Change Venue to Northern District of Texas by Defendant NCR Payment Solutions, LLC. Signed by Judge Todd W. Robinson on 1/24/23. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) [Transferred from California Southern on 9/8/2023.]
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| Filing 16 RESPONSE to Motion re #6 Joint MOTION for Extension of Time to File Answer re #3 Amended Complaint filed by AppTech Payments Corp. (Douglas, Michael) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 15 NOTICE OF WITHDRAWAL OF DOCUMENT by AppTech Payments Corp. re #14 Response in Opposition to Motion filed by AppTech Payments Corp. . (Dryden, Christopher) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 14 **DOCUMENT WITHDRAWN PER NOTICE #15 ** RESPONSE in Opposition re #6 Joint MOTION for Extension of Time to File Answer re #3 Amended Complaint filed by AppTech Payments Corp. (Dryden, Christopher) QC mailer -Document Contains Wrong s/ (cxl1). Modified to withdraw on 1/25/2023 (cxl1). [Transferred from California Southern on 9/8/2023.] |
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Filing 13
ORDER Setting Briefing Schedule: Presently before the Court is Defendant NCR Payment Solutions, LLC's #12 MOTION to Change Venue to Northern District of Texas, MOTION to Compel Arbitration, MOTION to Dismiss for Failure to State a Claim, which is noticed for a hearing on 4/6/2023 at 01:30 PM in Courtroom 3A before the Honorable Todd W. Robinson. Pursuant to Section III.B.2 of the undersigned's Standing Order for Civil Cases, Plaintiff AppTech Payments Corp. SHALL FILE its opposition on or before 3/9/2023, and Defendant MAY FILE its optional reply, if any, on or before 3/23/2023. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 1/17/2023. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) [Transferred from California Southern on 9/8/2023.]
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| Filing 12 MOTION to Change Venue to Northern District of Texas, MOTION to Compel Arbitration, MOTION to Dismiss for Failure to State a Claim by NCR Payment Solutions, LLC. (Attachments: #1 Memo of Points and Authorities In support of Mot to Transfer, Mot to Compel Arb, and Motion to Dismiss, #2 Declaration of Vladimir Samoylenko)(Demeropolis, Nicholas) (cxl1). [Transferred from California Southern on 9/8/2023.] |
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Filing 11
ORDER granting (1) Limited Jurisdictional Discovery, and (2) Joint Motion for Order Granting Extension of Time in which to Respond to Complaint. (ECF Nos. #5 , #6 ) NCR Payment Solutions, LLC answer due 1/14/2023. Signed by Judge Todd W. Robinson on 01/09/2023. (All non-registered users served via U.S. Mail Service)(cxl1) [Transferred from California Southern on 9/8/2023.]
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| Filing 10 PRO HAC APPROVED: Nicholas J. Demeropolis appearing for Defendant NCR Payment Solutions, LLC (no document attached) (rmc) [Transferred from California Southern on 9/8/2023.] |
| Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17443762.) (Application to be reviewed by Clerk.) (Demeropolis, Nicholas) [Transferred from California Southern on 9/8/2023.] |
| Filing 8 NOTICE of Party With Financial Interest by AppTech Payments Corp. No Parties With Financial Interest. (Douglas, Michael) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 7 NOTICE of Appearance by Michael David Douglas on behalf of AppTech Payments Corp. (Douglas, Michael) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 6 Joint MOTION for Extension of Time to File Answer re #3 Amended Complaint by NCR Payment Solutions, LLC. (Wu Min, Xiao Jing)Attorney Xiao Jing Diego Wu Min added to party NCR Payment Solutions, LLC(pty:dft) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by AppTech Payments Corp. re #4 Order to Show Cause. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1)(Douglas, Michael) (cxl1). [Transferred from California Southern on 9/8/2023.] |
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Filing 4
ORDER For Plaintiff To Show Cause Why Action Should Not Be (1) Dismissed For Lack Of Subject-Matter Jurisdiction; And/Or (2) Transferred For Lack Of Proper Venue To The United States District Court For The Northern District Of Georgia, Atlanta Division, Pursuant To 28 U.S.C. 90(A)(2) And 1404(A). Signed by Judge Todd W. Robinson on 12/05/2022. Plaintiff TO SHOW CAUSE within two (2) weeks of the electronic docketing of this Order. Defendant MAY FILE a response to Plaintiffs filing within two (2) weeks of its service.(All non-registered users served via U.S. Mail Service)(cxl1) [Transferred from California Southern on 9/8/2023.]
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| Filing 3 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by AppTech Payments Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dryden, Christopher) (cxl1). [Transferred from California Southern on 9/8/2023.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms) [Transferred from California Southern on 9/8/2023.] |
| Filing 1 COMPLAINT with Jury Demand against DOES 1 though 10, NCR Payment Solutions, LLC (Filing fee $402 - receipt number ACASDC-17380798), filed by AppTech Payments Corp.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)The new case number is 3:22-cv-1889-TWR-WVG. Judge Todd W. Robinson and Magistrate Judge William V. Gallo are assigned to the case. (Dryden, Christopher)(jms) [Transferred from California Southern on 9/8/2023.] |
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