Just Film, Inc. et al v. Merchant Services, Inc et al

Filing 99

ORDER re 94 Granting Stipulation TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT and STIPULATED REQUEST PURSUANT TO CIVIL LOCAL RULE 6-2(a) TO WITHDRAW MOTIONS TO DISMISS SET FOR HEARING ON AUGUST 5, 2010. Case Management Conference set for 9/9/2010 02:00 PM. Signed by Judge Claudia Wilken on 7/12/2010. (ndr, COURT STAFF) (Filed on 7/12/2010)

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Just Film, Inc. et al v. Merchant Services, Inc et al Doc. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AKIN GUMP STRAUSS HAUER & FELD LLP REGINALD D. STEER (SBN 056324) rsteer@akingump.com MARIA ELLINIKOS (SBN 235528) mellinikos@akingump.com 580 California Street, 15th Floor San Francisco, California 94104-1036 Telephone: 415-765-9500 Facsimile: 415-765-9501 WICK, PHILLIPS, GOULD & MARTIN LLP K. TODD PHILLIPS (admitted pro hac vice) todd.phillips@wickphillips.com SEEMA TENDOLKAR (admitted pro hac vice) seema.tendolkar@wickphillips.com 2100 Ross Avenue, Suite 950 Dallas, Texas 75201 Telephone: 214-692-6200 Facsimile: 214-692-6255 Attorneys for Defendants TRANSFIRST HOLDINGS, INC., TRANSFIRST, LLC and TRANSFIRST THIRD PARTY SALES, LLC (Additional counsel listed on signature page) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) JUST FILM, INC., RAINBOW BUSINESS SERVICES, D/B/A PRECISION TUNE AUTO CARE; BURLINGAME MOTORS, INC., DIETZ TOWING, INC., THE ROSE DRESS, INC., VOLKER VON GLASENAPP; JERRY SU; VERENA BAUMGARTNER; TERRY JORDAN; AND LEWIS BAE on behalf of themselves, the general public and those similarly situated Plaintiffs, vs. MERCHANT SERVICES, INC.; UNIVERSAL CARD, INC.; NATIONAL PAYMENT PROCESSING; UNIVERSAL MERCHANT SERVICES CORPORATION; ATLAS PAYMENT PROCESS-ING; UNITED BANK CARD OF AMERICA, INC.; SPC, INC. d/b/a FIRST NATIONAL MERCHANTS SOLUTIONS; MBF LEASING LLC; MBF MERCHANT CAPITAL, LLC; NORTHERN FUNDING, LLC; NORTHERN LEASING SYSTEMS, INC.; CONGRESS FINANCIAL CORPORATION; GOLDEN EAGLE LEASING LLC; LEASE SOURCE, 1 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW Case No. 4:10-cv-01993-CW STIPULATION PURSUANT TO CIVIL LOCAL RULE 6-1(a) TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT and STIPULATED REQUEST PURSUANT TO CIVIL LOCAL RULE 6-2(a) TO WITHDRAW MOTIONS TO DISMISS SET FOR HEARING ON AUGUST 5, 2010 AND ORDER THEREON (AS MODIFIED) [Declaration of Maria Ellinikos filed concurrently herewith] Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INC.; LEASE FINANCE GROUP, LLC; TRANSFIRST HOLDINGS, INC.; TRANSFIRST FINANCIAL INSTITUTIONS SERVICES; TRANSFIRST INDEPENDENT SALES SERVICES; FIRST NATIONAL BANK OF OMAHA; COLUMBUS BANK AND TRUST CO.; MERRICK BANK; THIRD FIFTH BANK; RBL CAPITAL GROUP, LLC; WILLIAM HEALY; ROBERT LATOUSEK; JAY COHEN; RICH HAHN; SARA KRIEGER; JASON MOORE; LINA KRAVIC; BRIAN FITZGERALD; SAM BUONO; PETER DEPALMA; FIONA WALSHE; AND ERIC MADURA AND DOES 1 THROUGH 75 Defendants. WHEREAS, on March 26, 2010, plaintiffs Just Film, Inc., Rainbow Business Services d/b/a Precision Tune Auto Care, Volker von Glasenapp and Jerry Su (collectively, "Plaintiffs") filed a class action complaint against approximately 35 defendants in the Superior Court of the County of San Francisco, Case No.CGC-10-498225 (the "Original Complaint"); WHEREAS, on May 7, 2010, defendants TransFirst Holdings, Inc., TransFirst, LLC, TransFirst Third Party Sales, LLC, Merchant Services, Inc., Universal Card, Inc., National Payment Processing, Inc., Columbus Bank and Trust, Merrick Bank, Fifth Third Bank, Atlas Payment Processing, MBF Leasing, LLC, MBF Merchant Capital, LLC, Northern Funding, LLC, Northern Leasing Systems, Inc., Golden Eagle Leasing, LLC, Lease Source, Inc., Lease Finance Group, LLC, RBL Capital Group, LLC, William Healy, Jay Cohen, Rich Hahn, Sara Krieger, Jason Moore, Lina Kravic, Sam Buono, Brian Fitzgerald, Fiona Walshe and Eric Madura (collectively, the "Served Defendants") removed the action to this Court, pursuant to Title 28, Sections 1441 and 1453 of the United States Code; WHEREAS, by stipulation by and among counsel for Plaintiffs and counsel for the Served Defendants, the parties coordinated and extended the deadline for the Served Defendants to answer or otherwise respond to the complaint until June 4, 2010; and an order was entered on May 17, 2010 by the Honorable James Larson, United States Magistrate Judge; 2 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 WHEREAS, on or about June 4, 2010, the Served Defendants responded to the Original Complaint by answer or motion, including, inter alia, motions to dismiss under Fed. R. Civ. P. 12(b), to change venue, and to stay the action pending arbitration; WHEREAS, the hearings on the motions to dismiss filed by the Served Defendants on or about June 4, 2010 are set for August 5, 2010; WHEREAS, on June 25, 2010, Plaintiffs filed a First Amended Class Action Complaint in this action (the "First Amended Complaint")1; WHEREAS, due to the filing of the First Amended Complaint, the motions to dismiss filed by the Served Defendants on or about June 4, 2010 became moot; WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(3), the Served Defendants have until July 12, 2010 to respond to the First Amended Complaint; WHEREAS, the parties believe a coordinated and extended deadline for the Served Defendants to answer or otherwise respond to the First Amended Complaint will conserve resources and promote judicial economy; WHEREAS, on June 8, 2010, a Case Management Scheduling Order was issued by the Honorable Claudia Wilken, pursuant to which a Case Management Statement must be submitted to the Court on or before August 3, 2010, and a Case Management Conference has been set for August 10, 2010; WHEREAS, the Plaintiffs request that the Case Management Statement scheduled for August 3, 2010, and the corresponding Case Management Conference scheduled for August 10, 2010 remain on the calendar and the Served Defendants will move for it to be adjourned until any motions filed by Served Defendants in response to the First Amended Complaint have been decided; NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned parties, through their respective counsel of record, pursuant to Civil Local Rules 6-1(a) and 6-2(a) and Rule 6 of the Federal Rules of Civil Procedure, as follows: The First Amended Complaint included the following additional plaintiffs: Burlingame Motors, Inc., Dietz Towing, Inc., The Rose Dress, Inc., Verena Baumgartner, Terry Jordan and Lewis Bae. 3 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rules; 1. The Served Defendants shall answer or otherwise respond to the First Amended Complaint no later than July 26, 2010, and shall set any motions filed in response to the First Amended Complaint for hearing on September 2, 2010 or the next available Court day on which the assigned judge is hearing civil motions; 2. Plaintiffs shall oppose any such motions filed in response to the First Amended Complaint in accordance with the local rules; 3. Served Defendants shall reply to any such oppositions in accordance with the local 4. Served Defendants hereby declare their motions to dismiss filed on or about June 4, 2010 to be moot and withdraw their request for hearing on said motions; 5. Plaintiffs and Served Defendants have met and conferred about the Case Management Statement scheduled for August 3, 2010, and the corresponding Case Management Conference scheduled for August 10, 2010. Plaintiffs request that the events remain on the calendar as currently scheduled and the Served Defendants intend to move for these events to be adjourned until any motions filed by Served Defendants in response to the First Amended Complaint have been decided. /// 4 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: July 7, 2010 Respectfully submitted, AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Maria Ellinikos Maria Ellinikos Attorneys for Defendants Transfirst Holdings, Inc., Transfirst, LLC and Transfirst Third Party Sales, LLC MORRISON & FOERSTER LLP Stephen M. Colangelo (admitted pro hac vice) scolangelo@mofo.com 2000 Pennsylvania Avenue, NW Suite 6000 Washington, DC 20006-1888 Telephone: 202-887-1528 Facsimile: 202-887-0763 By: /s/ Stephen M. Colangelo Stephen M. Colangelo Attorneys for Defendant Columbus Bank and Trust Company 5 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GUTRIDE SAFIER LLP Adam J. Gutride (State Bar No. 181446) adam@gutridesafier.com Seth Safier (State Bar No. 197427) seth@gutridesafier.com 835 Douglass Street San Francisco, California 94114 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 By: /s/ Adam J. Gutride Adam J. Gutride Attorneys for Plaintiffs Just Film, Inc., Rainbow Business Services d/b/a Precision Tune Auto Care, Volker von Glasenapp and Jerry Su, Burlingame Motors, Inc., Dietz Towing, Inc., The Rose Dress, Inc., Verena Baumgartner, Terry Jordan and Lewis Bae JONES DAY Thomas R. Malcolm (State Bar No. 39248) trmalcolm@jonesday.com Cary D. Sullivan (State Bar No. 228527) carysullivan@jonesday.com 3161 Michelson Drive, Suite 800 Irvine, California 92612 Telephone: (949) 851-3939 Facsimile: (949) 553-7539 By: /s/ Cary D. Sullivan Cary D. Sullivan Attorneys for Defendants Merchant Services, Inc., Universal Card, Inc., National Payment Processing, Inc., Jason Moore and Eric Madura 6 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VORYS, SATER, SEYMOUR & PEASE LLP Robert N. Webner (admitted pro hac vice) rnwebner@vorys.com 52 East Gay Street Columbus, OH 43215 Telephone: (614) 464-8243 Facsimile: (614) 719-5083 By: /s/Robert N. Webner Robert N. Webner Attorneys for Defendant Fifth Third Bank STROOCK & STROOCK & LAVAN LLP Scott M. Pearson (State Bar No. 173880) lacalendar@stroock.com spearson@stroock.com Stephen J. Newman (State Bar No. 181570) lacalendar@stroock.com snewman@stroock.com 2029 Century Park East, 16th Floor Los Angeles, California 90067 Telephone: (310) 556-5800 Facsimile: (310) 556-5959 By: /s/ Scott M. Pearson Scott M. Pearson Attorneys for Defendant Merrick Bank 7 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOSES SINGER LLP Abraham Y. Skoff (admitted pro hac vice) askoff@mosessinger.com Jennifer Nigro (admitted pro hac vice) jnigro@mosessinger.com 405 Lexington Avenue New York, NY 10174 Telephone: 212-554-7800 Facsimile: 212-554-7700 By: /s/ Jennifer Nigro Jennifer Nigro Attorneys for Defendants MBF Leasing, LLC, Northern Funding, LLC, Northern Leasing Systems, Inc., Golden Eagle Leasing, LLC, Lease Finance Group, LLC, RBL Capital Group, LLC, Jay Cohen, Rich Hahn, Sara Krieger, Lina Kravic and Sam Buono SCHEIN & CAI LLP James Cai (State Bar No. 200189) jcai@sacattorneys.com 111 West St. John Street, Suite 1250 San Jose, California 95113 Telephone: (408) 436-0789 Facsimile: (408) 436-0758 By: /s/ James Cai James Cai Attorneys for Defendants Atlas Payment Processing and Fiona Walshe 8 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// HARRISON & HELD, LLP John M. Heaphy (admitted pro hac vice) jheaphy@harrisonheld.com 333 West Wacker, Suite 1700 Chicago, Illinois 60606-1250 Tel: (312) 753-6160 Facsimile: (312) 753-6159 By: /s/ John M. Heaphy John M. Heaphy Attorneys for Defendants MBF Merchant Capital, LLC and William Healy 9 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: 7/12/2010 rules; 4. ORDER Pursuant to Civil Local Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, it is therefore ORDERED that: 1. The Served Defendants shall answer or otherwise respond to the First Amended Complaint no later than July 26, 2010, and shall set any motions filed in response to the First Amended Complaint for hearing on September 9, 2010; 2. Plaintiffs shall oppose any such motions filed in response to the First Amended Complaint in accordance with the local rules; 3. Served Defendants shall reply to any such oppositions in accordance with the local All pending motions filed by the Served Defendants on or about June 4, 2010 in response to the Original Complaint are deemed moot, and the hearings on said motions set for August 5, 2010 are vacated. The Case Management Conference is continued to September 9, 2010. THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE I, Maria Ellinikos, am the ECF user whose ID and password are being used to file this document. In compliance with section X(B) of General Order 45, I hereby attest that Adam J. Gutride, Cary Sullivan, Stephen Coleangelo, Robert N. Webner, Scott M. Pearson, Jennifer Nigro, James Cai, and John M. Heaphy concurred in this filing. /s/ Maria Ellinikos 10 STIPULATIONS TO EXTEND TIME AND WITHDRAW PENDING MOTIONS TO DISMISS - Case No. 4:10-cv-01993-CW

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