Z Payments Solution Corp. v. FISERV, Inc. et al

Filing 43

ORDER: granting 42 Letter Motion to Stay re: 42 LETTER MOTION to Stay Defendants' Obligation to Respond to Plaintiff's Discovery Requests. addressed to Judge Arun Subramanian from John W. Peterson dated November 14, 2023. Defendants' request is GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 42. SO ORDERED. (Signed by Judge Arun Subramanian on 11/15/2023) (ama)

Case 1:23-cv-03702-AS Document 42 Filed 11/14/23 Page 1 of 1

401 Commerce Street, Suite 900, Nashville, TN 37219

•

[phone]

John W. Peterson
615.259.1523
615.523.1781 Fax
[e-mail]

November 14, 2023

The Honorable Judge Arun Subramanian
United States District Court for the Southern District of New York
500 Pearl St
New York, NY 10007
Re:

Defendants’ Letter Motion to Stay Defendants’ Obligation to Respond to
Plaintiff’s Discovery Requests – Z Payments Solution Corp. v. First Data
Merchant Services LLC and Fiserv, Inc., Case No. 1:23-cv-03702-LGS

Dear Judge Subramanian:
As you know, Polsinelli PC represents Defendants First Data Merchant Services LLC
(“FDMS”) and Fiserv, Inc. (“Fiserv”) (collectively, “Defendants”). On October 25, 2023, Plaintiff
Z Payments Corp. (“Plaintiff”) served on Defendants Plaintiff’s Revised First Request for
Admissions to Defendants, Plaintiff’s Revised First Set of Interrogatories to Defendants, and
Plaintiff’s Revised First Notice to Produce Documents to Defendants (collectively, the “Discovery
Requests”). Defendants’ answers, responses, and objections to the Discovery Requests are
currently due on November 24, 2023. See Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A), and 36(a)(3).
On November 13, 2023, the Court granted Plaintiff’s counsel’s Motion for Leave to
Withdraw as Counsel for Plaintiff and allowed Plaintiff until December 4, 2023, to retain new
counsel. (ECF No. 41.) The Court also ordered that “Defendants’ deadline to respond to the
complaint is extended to 3 weeks after Plaintiff's new counsel enters a notice of appearance on the
docket.” (Id.)
In light of the Court’s most recent Order and to preserve party resources where this case
cannot proceed until Plaintiff’s counsel appears, Defendants respectfully request the Court
similarly stay Defendants’ obligations to answer, respond, or object the Discovery Requests until
three (3) weeks from the date Plaintiff’s new counsel enters a notice of appearance on the docket,
and for any other relief this Court deems just and proper.
This request is made in good faith and not for the purposes of vexation, harassment, or
undue delay. No party will suffer prejudice because of the requested stay.
Defendants' request is GRANTED. The Clerk of Court
is directed to terminate the motion at ECF No. 42.
SO ORDERED.

Sincerely,
/s/ John W. Peterson
John W. Peterson

Arun Subramanian, U.S.D.J.
Date: November 15, 2023
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