Data Service Solutions LLC v. Complete Merchant Solutions LLC et al
| Data Service Solutions LLC |
| Complete Merchant Solutions LLC and Commercial Bank of California |
| 2:2026cv00370 |
| May 1, 2026 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Cecilia M Romero |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ORDER granting #21 Motion to Compel Arbitration; granting #23 Motion for Joinder; granting #26 Motion to Stay. Signed by Magistrate Judge Cecilia M. Romero on 06/29/2026. (sg)
|
|
Filing 27
DOCKET TEXT ORDER REFERRING #23 MOTION for Joinder re #21 MOTION to Compel Arbitration and Stay Proceedings filed by Commercial Bank of California, #21 MOTION to Compel Arbitration and Stay Proceedings filed by Complete Merchant Solutions LLC. Motions referred to Cecilia M. Romero. Signed by Judge David Barlow on 6/29/26. (he)
|
| Filing 26 Stipulated MOTION to Stay re #23 MOTION for Joinder re #21 MOTION to Compel Arbitration and Stay Proceedings, #21 MOTION to Compel Arbitration and Stay Proceedings and Memorandum in Support filed by Defendant Complete Merchant Solutions LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Phelps, Travis) |
|
Filing 25
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 06/18/2026. (sg)
|
|
Filing 24
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 6/17/26. (he)
|
| Filing 23 MOTION for Joinder re #21 MOTION to Compel Arbitration and Stay Proceedings filed by Defendant Commercial Bank of California. (Taylor, Sanna-Rae) |
| Filing 22 NOTICE of Appearance by Sanna-Rae Taylor on behalf of Commercial Bank of California (Taylor, Sanna-Rae) |
| Filing 21 MOTION to Compel Arbitration and Stay Proceedings filed by Defendant Complete Merchant Solutions LLC. (Weber, Bradley) |
| Filing 20 NOTICE of Appearance by Travis J. Phelps on behalf of Complete Merchant Solutions LLC (Phelps, Travis) |
| Filing 19 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendant Complete Merchant Solutions LLC, Plaintiff Data Service Solutions LLC. (alf) |
| Filing 18 NOTICE of Appearance by Bradley J. Weber on behalf of Complete Merchant Solutions LLC (Weber, Bradley) |
| Filing 17 NOTICE OF DEFICIENCY re #15 Certificate of Service, #16 Certificate of Service. The documents are stricken as improperly filed. Please refile using the event "Summons Returned Executed". The clerk requests the filer of the original documents to refile the pleadingss. The new pleading will receive new document numbers on the docket. (alf) |
| Filing 16 CERTIFICATE OF SERVICE by Data Service Solutions LLC to Commercial Bank of California (Sumsion, Steven) Modified on 6/2/2026 - stricken as improperly filed (alf). |
| Filing 15 CERTIFICATE OF SERVICE by Data Service Solutions LLC to Complete Merchant Solutions LLC (Sumsion, Steven) Modified on 6/2/2026 - stricken as improperly filed (alf). |
| Filing 14 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Data Service Solutions LLC. (Sumsion, Steven) |
| Filing 13 AMENDED COMPLAINT (Second) against All Defendants with Jury Demand. filed by Data Service Solutions LLC. (Attachments: #1 Exhibit Exhibits A-B) (Sumsion, Steven) |
|
Filing 12
DOCKET TEXT ORDER. In response to 10 Order to Show Cause entered on May 5, 2026, Plaintiff's #11 Amended Complaint attempted to properly plead the citizenship of the limited liability companies' members for diversity jurisdiction. Plaintiff has properly pleaded the citizenship of Plaintiff Data Service Solutions, L.L.C. but has not done so for the L.L.C.s that are members of Defendant Complete Merchant Solutions, L.L.C. "[I]f any member of an unincorporated entity is itself an unincorporated entity, then the plaintiff must identify that unincorporated entitys members and those members' citizenship, tracing through however many layers necessary to reach either a corporation or a natural person." Choice Hospice, Inc. v. Axxess Tech. Sols., Inc., 125 F.4th 1000, 1009 (10th Cir. 2025). Accordingly, Plaintiff may file a second amended complaint within seven (7) days to days to properly plead the citizenship of each member of the T.D. Hansen L.L.C., Decker Enterprises L.L.C., and Hallmark Business Solutions L.L.C. Failure to properly plead diversity of citizenship may result in dismissal of this action for lack of jurisdiction. Signed by Judge David Barlow on 5/19/26. No attached document (he)
|
| Filing 11 AMENDED COMPLAINT against Commercial Bank of California, Complete Merchant Solutions LLC with Jury Demand. filed by Data Service Solutions LLC. (Attachments: #1 Exhibit A-B) (sg) |
|
Filing 10
ORDER TO SHOW CAUSE. Plaintiff's #1 Complaint invokes this court's diversity jurisdiction under 28 U.S.C. 1332. Plaintiff asserts that there is complete diversity of citizenship and that the amount in controversy exceeds $75,000. ECF No. 1, at 4. In support of this assertion, Plaintiff states that Plaintiff Data Service Solutions, L.L.C. is a "limited liability company located in Plano, Texas" and Defendant Complete Merchant Solutions, L.L.C. "is a limited liability company located in Orem, Utah" and does not plead the citizenship of each limited liability company's members. But "Supreme Court precedent makes clear that in determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). Accordingly, Defendant is ORDERED TO SHOW CAUSE why the action should not be dismissed without prejudice for lack of subject matter jurisdiction or to amend the complaint to plead properly the citizenship of both Plaintiff Data Service Solutions, L.L.C. and Defendant Complete Merchant Solutions, L.L.C. Failure to do so by May 19, 2026 will result in the action being dismissed without prejudice. Signed by Judge David Barlow on 5/5/26. (he)
|
| Filing 9 Summons Issued Electronically as to Commercial Bank of California. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) |
| Filing 8 Summons Issued Electronically as to Complete Merchant Solutions LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) |
| Filing 7 Civil Cover Sheet (JS44) Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance, filed by Data Service Solutions LLC. (Sumsion, Steven) |
| Filing 6 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Data Service Solutions LLC. (Notice generated by Clerk's Office) Form due by 5/26/2026. (bg) |
| Filing 5 Modification of Docket: Error: Complaint was filed against plaintiff. Correction: Docket text has been modified to reflect complaint is filed against defendant rather than plaintiff; answer records corrected re #1 Complaint. (bg) |
| Filing 4 NOTICE OF DEFICIENCY re #1 Complaint. The Civil Cover Sheet is missing. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (bg) |
| Filing 3 NOTICE OF INELIGIBLE ATTORNEY -Attorney Quinton W. Lister, for Plaintiff Data Service Solutions LLC has not been admitted to practice in this court and can not practice before this court. (bg) |
| Filing 2 Modification of Docket: Error: Counsel uploaded PDF documents that had read-only errors. Correction: Clerk uploaded PDF documents that were emailed after the case had been opened re #1 Complaint. (bg) |
| Judge David Barlow added. Case number will now read 2:26-cv-00370-DBB. Please make changes to document captions accordingly. (bg) |
| Filing 1 COMPLAINT against Complete Merchant Solutions LLC and Commercial Bank of California against Data Service Solutions LLC (Filing fee $ 405, receipt number AUTDC-5775607) filed by Data Service Solutions LLC. (Attachments: #1 Exhibit Exhibits A and B) (Sumsion, Steven) (Main Document 1 replaced on 5/4/2026) (bg). (Attachment 1 replaced on 5/4/2026) (bg). Modified on 5/4/2026 to reflect complaint is filed against defendants rather than plaintiff (bg). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
