Case Details

CourtWestern District of Kentucky
Docket number3:10-cv-00669
Date case filed2010-10-26
Date case closed
Date of latest filing
Assigned toSenior Judge Charles R. Simpson, III
Case cause28:1332 Diversity-Breach of Contract
Nature of suit190 Contract: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Business Payment Systems, LLC
Party type: Cross Defendant
Attorney name: Elie B. Gold
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel B. Faizakoff
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Mitchell C. Shapiro
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Myrle Lynn Davis
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Merchant Capital Portfolios, LLC
Party type: Plaintiff
Attorney name: Daniel B. Faizakoff
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Mitchell C. Shapiro
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Myrle Lynn Davis
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: National Processing Company
Party type: ThirdParty Plaintiff
TERMINATED: 12/03/2012
Attorney name: Adam K. Spease
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Casey L. Hinkle
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David S. Kaplan
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Iron Triangle Payment Systems LLC
Party type: Defendant
doing business asNational Processing Company, RPSI, INC.
doing business asRetriever Payment Systems
Party: National Processing Company, GTCR, LLC
Party type: Defendant
doing business asNational Processing Company
Party: Fifth Third Processing Solutions, LLC
Party type: ThirdParty Plaintiff
Attorney name: David S. Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Casey L. Hinkle
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: National Processing Management Company, Inc.
Party type: Defendant
Attorney name: David S. Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Casey L. Hinkle
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: BA Merchant Services, LLC
Party type: Cross Claimant
Attorney name: R. Locke Beatty
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Bank of America, N.A.
Party type: Cross Claimant
Attorney name: R. Locke Beatty
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William C. Mayberry
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-10-26 COMPLAINT filed by Business Payment Systems, LLC, and Merchant Capital Portfolios, LLC, against National Processing Company. Filing fee $ 350, receipt number 0644-1135045. (RLK) (Additional attachment(s) added on 10/28/2010: # 1 Amended Complaint (with signature), # 2 Cover Sheet) (RLK). (Entered: 10/27/2010)
1.1 Amended Complaint (with signature)
1.2 Cover Sheet
22010-10-27 Case Assignment (Random Selection): Case Assigned to Judge Charles R. Simpson, III. Magistrate designation: Dave Whalin. (RLK) (Entered: 10/27/2010)
32010-10-27 NOTICE of Deficiency re 1 Complaint : no signature, no Civil Cover Sheet. Failure to comply will be brought to the attention of the Court. Response due by 11/3/2010. (RLK) (Entered: 10/27/2010)
42010-10-27 CLERK'S NOTICE to Counsel regarding tendering of Summons(es). (RLK) (Entered: 10/27/2010)
52010-10-27 AMENDED COMPLAINT against National Processing Company, filed by Business Payment Systems, LLC. (Davis, Myrle) (Entered: 10/27/2010)
62010-10-27 NOTICE of Civil Cover Sheet by Business Payment Systems, LLC re 1 Complaint (Davis, Myrle) (Entered: 10/27/2010)
72010-11-04 ATTORNEY NOTICE of Deficiency as to Daniel B. Faizakoff re 1 Complaint (no PHV motion filed): failure to comply will be brought to the attention of the Court. Response due by 11/18/2010. (CSD) (Entered: 11/04/2010)
82010-11-04 ATTORNEY NOTICE of Deficiency as to Mitchell C. Shapiro re 1 Complaint (no PHV motion filed): failure to comply will be brought to the attention of the Court. Response due by 11/4/2010. (CSD) (Entered: 11/04/2010)
92010-11-24 NOTICE of Filing of Summons by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC re 5 Amended Complaint (Attachments: # 1 Summons) (Davis, Myrle) (Entered: 11/24/2010)
102010-11-29 Summons Issued as to National Processing Company. ***NOTE: Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (RLK) (Entered: 11/29/2010)
112010-12-08 SUMMONS RETURNED EXECUTED: Defendant National Processing Company served on 12/7/2010. Answer due 12/28/2010. (Attachments: # 1 Exhibit certified mail receipt) (Davis, Myrle) Modified on 12/9/2010: changed from Certificate of Service to Summons Returned Executed (RLK). (Entered: 12/08/2010)
122010-12-08 MOTION for Mitchell C. Shapiro to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1151988.by Plaintiffs Business Payment Systems, LLC, Merchant Capital Portfolios, LLC Responses due by 1/3/2011 (Attachments: # 1 Affidavit, # 2 Proposed Order) (Davis, Myrle) (Entered: 12/08/2010)
132010-12-08 Request for Fee Refund re 12 MOTION for Mitchell C. Shapiro to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1151988. by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Davis, Myrle) (Entered: 12/08/2010)
142010-12-10 ORDER signed by Judge Charles R. Simpson, III on 12/9/2010, GRANTING 12 Motion for Mitchell C. Shapiro to Appear Pro Hac Vice. cc: Counsel (RLK) (Entered: 12/10/2010)
152010-12-14 Proposed Agreed Order/Stipulation of Date Upon Which to Answer or Otherwise Respond to Complaint by National Processing Company. (Kaplan, David) (Entered: 12/14/2010)
162010-12-21 AGREED ORDER signed by Judge Charles R. Simpson, III on 12/20/2010. Defendant has until 12/27/2010 to answer or otherwise respond to the Amended Complaint.cc: Counsel (RLK) (Entered: 12/21/2010)
172010-12-27 MOTION to Dismiss Amended Complaint by Defendant National Processing Company Responses due by 1/21/2011 (Attachments: # 1 Memorandum in Support of Motion to Dismiss Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order) (Kaplan, David) (Entered: 12/27/2010)
182010-12-27 MOTION to Seal Document 17 MOTION to Dismiss Amended Complaint by Defendant National Processing Company Responses due by 1/21/2011 (Attachments: # 1 Proposed Order) (Kaplan, David) (Entered: 12/27/2010)
192010-12-27 NOTICE of Filing Documents Under Seal by National Processing Company re 18 MOTION to Seal Document 17 MOTION to Dismiss Amended Complaint (Kaplan, David) (Entered: 12/27/2010)
202010-12-28 SEALED DOCUMENT re 17 Motion to Dismiss (RLK) (Entered: 12/28/2010)
212010-12-28 Corporate Disclosure Statement by National Processing Company identifying Corporate Parents National Processing Company Group, Inc., NPC Group, Inc., and Fifth Third Processing Solutions, LLC. (Kaplan, David) Modified on 12/29/2010: added corporate parties (RLK). (Entered: 12/28/2010)
222011-01-07 ORDER signed by Judge Charles R. Simpson, III on 1/6/2011, re 18 Motion to Seal Document. Clerk of Court to accept the Defendant's tendered Unredacted Memorandum of Law in Support of 17 MOTION to Dismiss, and the attached Exhibits B, D, and G, for filing under seal. cc: Counsel (RLK) (Entered: 01/07/2011)
232011-01-28 Proposed Agreed Order/Stipulation by Business Payment Systems, LLC. (Davis, Myrle) (Entered: 01/28/2011)
242011-02-01 AGREED ORDER signed by Judge Charles R. Simpson, III on 1/31/2011. Plaintiff has until 2/11/2011 to file it's Opposition to 17 Defendant's MOTION to Dismiss, with Defendant's Reply Brief due by 3/11/2011.cc: Counsel (RLK) (Entered: 02/01/2011)
252011-02-03 RESPONSE to Plaintiffs' Faxed Letter Request to Adjourn Motion to Dismiss and Plaintiffs' Request for Mediation filed by National Processing Company. (Kaplan, David) (Entered: 02/03/2011)
262011-02-04 REPLY re 25 Response to faxed letter request for mediation filed by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Davis, Myrle) (Entered: 02/04/2011)
272011-02-10 Proposed Agreed Order/Stipulation by Plaintiffs Business Payment Systems, LLC, and Merchant Capital Portfolios, LLC, and Defenant National Processing Company. (Davis, Myrle) Modified on 2/11/2011: added party filer (RLK). (Entered: 02/10/2011)
282011-02-18 AGREED ORDER signed by Judge Charles R. Simpson, III on 2/17/2011. Plaintiffs have until 2/18/2011 to file its Opposition to 17 Defendant's MOTION to Dismiss Amended Complaint, with Defendant's Reply due 3/18/2011. cc: Counsel (RLK) (Entered: 02/18/2011)
292011-02-24 MOTION to Amend/Correct 5 Amended Complaint by Plaintiffs Business Payment Systems, LLC, Merchant Capital Portfolios, LLC Responses due by 3/21/2011 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Chanin, # 3 Exhibit A to Affidavit, # 4 Exhibit B Part 1 to Affidavit, # 5 Exhibit B Part 2 to Affidavit, # 6 Exhibit C to Affidavit, # 7 Exhibit D to Affidavit, # 8 Exhibit E to Affidavit, # 9 Exhibit F to Affidavit, # 10 Exhibit G to Affidavit, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Proposed Order) (Davis, Myrle) Modified on 2/25/2011: labeled exhibits (RLK). (Entered: 02/24/2011)
302011-02-24 RESPONSE to Motion re 17 MOTION to Dismiss Amended Complaint filed by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. Replies due by 3/14/2011. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Proposed Order) (Davis, Myrle) (Entered: 02/24/2011)
312011-03-17 RESPONSE to Motion re 29 MOTION to Amend/Correct 5 Amended Complaint MOTION to Amend/Correct 5 Amended Complaint MOTION to Amend/Correct 5 Amended Complaint filed by National Processing Company. Replies due by 4/4/2011. (Attachments: # 1 Exhibit 1 - Declaration of Mitchell C. Shapiro, # 2 Exhibit 2 - Decision & Order, Aug. 16, 2010, # 3 Exhibit 3 - Letter from M. Shapiro to Hon. Frank Maas, # 4 Exhibit 4 - Dalmao Ventures, LLC v. Firer, et al. Complaint, # 5 Proposed Order) (Kaplan, David) Modified on 3/18/2011: described exhibits (RLK). (Entered: 03/17/2011)
322011-03-17 MOTION to Strike 30 Response to Motion, to Dismiss Amended Complaint by Defendant National Processing Company Responses due by 4/11/2011 (Attachments: # 1 Exhibit 1 - E-mails between Shapiro & Kaplan) (Kaplan, David) Modified on 3/18/2011: described exhibit (RLK). (Additional attachment(s) added on 3/18/2011: # 2 Proposed Order) (RLK). (Entered: 03/17/2011)
332011-03-17 MOTION to Stay Deadline for Filing Reply in Support of 17 MOTION to Dismiss Amended Complaint, or in the Alternative for an Enlargement of Time to Reply by Defendant National Processing Company. Responses due by 4/11/2011. (Attachments: # 1 Proposed Order) (Kaplan, David) Modified on 3/18/2011: corrected link, and clearly defined filing (RLK). (Entered: 03/17/2011)
342011-03-17 ERROR: DOCKETED AS A SEPARATE DOCUMENT. DOCUMENT ATTACHED TO 32 . Modified on 3/18/2011 (RLK). (Entered: 03/17/2011)
352011-03-22 MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss Amended Complaint by Plaintiffs Business Payment Systems, LLC, Merchant Capital Portfolios, LLC Responses due by 4/1/2011 (Attachments: # 1 Exhibit "A", # 2 Proposed Order) (Davis, Myrle) (Entered: 03/22/2011)
362011-04-01 RESPONSE to Motion re 35 MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss Amended Complaint MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss Amended Complaint filed by National Processing Company. Replies due by 4/18/2011. (Attachments: # 1 Proposed Order Denying Extension of Time) (Kaplan, David) (Entered: 04/01/2011)
372011-04-04 RESPONSE to Motion re 33 MOTION to Stay re 28 Order, Schedules - Motion and R&R Deadlines,, or in the Alternative for an Enlargement of Time MOTION to Stay re 28 Order, Schedules - Motion and R&R Deadlines,, or in the Alternative for an Enlargement of Time filed by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. Replies due by 4/21/2011. (Attachments: # 1 Proposed Order) (Davis, Myrle) (Entered: 04/04/2011)
382011-04-04 RESPONSE to Motion re 32 MOTION to Strike 30 Response to Motion, to Dismiss Amended Complaint MOTION to Strike 30 Response to Motion, to Dismiss Amended Complaint filed by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. Replies due by 4/21/2011. (Attachments: # 1 Proposed Order) (Davis, Myrle) (Entered: 04/04/2011)
392011-04-04 MOTION to Stay re 29 MOTION to Amend/Correct 5 Amended Complaint MOTION to Amend/Correct 5 Amended Complaint MOTION to Amend/Correct 5 Amended Complaint, 31 Response to Motion,, or in the alternative for an Enlargement of Time to Reply by Plaintiffs Business Payment Systems, LLC, Merchant Capital Portfolios, LLC Responses due by 4/28/2011 (Attachments: # 1 Proposed Order) (Davis, Myrle) (Entered: 04/04/2011)
402011-04-06 NOTICE of Deficiency re 37 Response to Motion to Stay, and 38 Response to Motion to Strike: no certificate of service. Failure to comply will be brought to the attention of the Court. Response due by 4/13/2011. (RLK) (Entered: 04/06/2011)
412011-04-07 CERTIFICATE OF SERVICE by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC re 37 Response to Motion, by Defendant for Stay (Davis, Myrle) (Entered: 04/07/2011)
422011-04-07 CERTIFICATE OF SERVICE by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC re 38 Response to Motion, by Defendant to Strike (Davis, Myrle) (Entered: 04/07/2011)
432011-04-07 CERTIFICATE OF SERVICE by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC re 39 MOTION to Stay. (Davis, Myrle) Modified on 4/8/2011: cleaned up text (RLK). (Entered: 04/07/2011)
442011-04-07 REPLY to Response to Motion re 35 MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss Amended Complaint MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss Amended Complaint filed by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Davis, Myrle) (Entered: 04/07/2011)
452011-04-21 REPLY to Response to Motion 33 MOTION to Stay re 28 Order, or in the Alternative for an Enlargement of Time, filed by National Processing Company. (Kaplan, David) Modified on 4/22/2011: cleaned up text (RLK). (Entered: 04/21/2011)
462011-04-21 RESPONSE to Motion re 39 MOTION to Stay re 29 MOTION to Amend/Correct 5 Amended Complaint filed by National Processing Company. Replies due by 5/9/2011. (Attachments: # 1 Proposed Order Denying Motion for a Stay of Deadline) (Kaplan, David) Modified on 4/22/2011: cleaned up text (RLK). (Entered: 04/21/2011)
472011-04-21 REPLY to Response to Motion re 32 MOTION to Strike 30 Response to Motion to Dismiss Amended Complaint filed by National Processing Company. (Kaplan, David) Modified on 4/22/2011: clean up text (RLK). (Entered: 04/21/2011)
482011-05-09 REPLY to Response to Motion re 39 MOTION to Stay Deadline for Filing Reply to 31 Defendant's Opposition to 29 Plaintiff's MOTION to Amend/Correct 5 Amended Complaint or in the alternative for an Enlargement of Time to Reply.< by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Davis, Myrle) Modified on 5/11/2011: clean up docket (RLK). (Entered: 05/09/2011)
492011-09-30 ORDER (EBOC) by Judge Charles R. Simpson, III, dated 9/30/2011. Plaintiffs' Motion to Accept Late Filing of Opposition to Motion to Dismiss 35 is GRANTED, Plaintiffs' Cross-Motion to Amend Complaint and for Leave to Serve First Amended Complaint 29 is GRANTED. Defendant's Motion to Dismiss Amended Complaint 17 is DENIED AS MOOT. Defendant's Motion To Strike Response to Motion to Dismiss 32 is DENIED. Defendant's Motion to Stay Deadline for Filing a Reply to the Motion to Dismiss 33 is DENIED AS MOOT. Plaintiff's Motion to Stay the Deadline for Filing a Reply to the Opposition to the Motion to Amend 39 is DENIED AS MOOT.cc: Counsel (RLK) (Entered: 09/30/2011)
502011-10-04 FIRST AMENDED COMPLAINT filed by Business Payment Systems, LLC, and Merchant Capital Portfolios, LLC against National Processing Company, Iron Triangle Payment Systems LLC, National Processing Company, GTCR, LLC, and Fifth Third Processing Solutions, LLC. (DOCKETED BY CLERK PER DN 49.) (RLK) (Entered: 10/04/2011)
512011-10-04 Summonses Issued as to Fifth Third Processing Solutions, LLC, Iron Triangle Payment Systems LLC, National Processing Company, National Processing Company, GTCR, LLC. NOTE: Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (RLK) (Entered: 10/04/2011)
522011-10-18 Proposed Agreed Order/Stipulation Extending Time to Respond by National Processing Company. (Kaplan, David) (Entered: 10/18/2011)
532011-10-20 AGREED ORDER/STIPULATION EXTENDING TIME TO RESPONSE by Judge Charles R. Simpson, III on 10/19/11; Defendants, National Processing Company, Iron Triangle Payment Systems, LLC, RPSI, INC. and Fifth Third Processing Solutions, LLC shall have through 11/4/11 to answer or otherwise respond to the First Amended Complaint.cc:counsel (JBM) (Entered: 10/20/2011)
542011-11-04 MOTION for Leave to File Excess Pages by Defendants Fifth Third Processing Solutions, LLC, National Processing Company Responses due by 11/28/2011 (Attachments: # 1 Proposed Order To Exceed Page Limit) (Kaplan, David) (Entered: 11/04/2011)
552011-11-04 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fifth Third Processing Solutions, LLC, National Processing Company Responses due by 11/28/2011 (Attachments: # 1 Memorandum in Support of Motion to Dismiss First Amended Complaint, # 2 Exhibit A -- Kentucky Secretary of State Records, # 3 Exhibit B -- Filing Under Seal on December 27, 2010, # 4 Exhibit C -- Order dated August 14, 2009, # 5 Exhibit D -- Filing Under Seal on December 27, 2010, # 6 Exhibit E -- Memorandum Opinion & Order dated July 27, 2007, # 7 Exhibit F -- BPS Complaint dated August 2, 2006, # 8 Exhibit G -- Filing Under Seal on December 27, 2010, # 9 Exhibit H -- Agreed Order of Dismissal dated September 24, 2010, # 10 Exhibit I -- Dalmao Complaint dated September 15, 2010, # 11 Exhibit J -- Declaration of Mitchell C. Shapiro, # 12 Exhibit K -- Letter from M. Shapiro to Hon. Frank Maas, # 13 Proposed Order Dismissing First Amended Complaint) (Kaplan, David) (Entered: 11/04/2011)
562011-11-17 SUMMONS Returned Executed by Business Payment Systems, LLC. National Processing Company, GTCR, LLC served on 11/4/2011, answer due 11/25/2011. (Davis, Myrle) (Entered: 11/17/2011)
572011-11-28 Proposed Agreed Order/Stipulation by Business Payment Systems, LLC. (Davis, Myrle) (Entered: 11/28/2011)
582011-11-30 ORDER signed by Judge Charles R. Simpson, III on 11/29/2011, GRANTING 54 Motion for Leave to File Excess Pages. Defendants may file a memorandum in support of their Motion to Dismiss the First Amended Complaint in excess of the 40-page limit. cc: Counsel (RLK) (Entered: 11/30/2011)
592011-12-01 AGREED ORDER by Judge Charles R. Simpson, III on 11/29/2011; 55 motion to dismiss: response due by 12/28/2011.cc:counsel (TLB) (Entered: 12/01/2011)
602011-12-02 Return of Service unexecuted from CT Corporation re Iron Triangle Payments Systems, Inc. (TLB) (Entered: 12/05/2011)
612011-12-09 NOTICE by Business Payment Systems, LLC re 51 Summons Issued, (Attachments: # 1 Summons alias summons) (Davis, Myrle) (Entered: 12/09/2011)
622011-12-23 Proposed Agreed Order/Stipulation by Business Payment Systems, LLC. (Davis, Myrle) (Entered: 12/23/2011)
632011-12-30 Alias Summons Issued as to National Processing Management Company, Inc., formerly known as, Iron Triangle Payment Systems LLC. ***NOTE: Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (RLK) (Main Document 63 replaced on 12/30/2011) (RLK). (Entered: 12/30/2011)
642011-12-30 NOTICE OF DOCKET CORRECTION Re: PDF re: 63 Alias Summons Issued. ERROR: Seal did not show up on document docketed. CORRECTION: Alias Summons Issued with seal. Correct document attached to this entry, and attached by Clerk to DN 63. (RLK) (Entered: 12/30/2011)
652012-01-04 AGREE ORDER by Judge Charles R. Simpson, III on 1/3/2012; 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Responses due by 1/11/2012.cc:counsel (TLB) (Entered: 01/04/2012)
662012-01-11 MOTION for Extension of Time to File Response/Reply as to 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Business Payment Systems, LLC Responses due by 1/21/2012 (Attachments: # 1 Proposed Order) (Davis, Myrle) (Entered: 01/11/2012)
672012-01-13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Misjoinder of a Party by Defendant National Processing Management Company, Inc. Responses due by 2/6/2012 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1 -- Summons, # 3 Exhibit 2 -- Certificate of Amendment) (Kaplan, David) (Entered: 01/13/2012)
682012-01-18 RESPONSE to Motion re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Business Payment Systems, LLC. Replies due by 2/4/2012. (Davis, Myrle) (Additional attachment(s) added on 1/19/2012: # 1 Proposed Order) (TLB). (Entered: 01/18/2012)
692012-01-18 MOTION for Leave to File Excess Pages by Plaintiff Business Payment Systems, LLC Responses due by 2/11/2012 (Attachments: # 1 Proposed Order) (Davis, Myrle) (Entered: 01/18/2012)
702012-01-19 Proposed Order re 68 Response to Motion by Business Payment Systems, LLC. (Davis, Myrle) (Entered: 01/19/2012)
712012-01-24 ORDER by Judge Charles R. Simpson, III on 1/23/2012; 66 motion for extension of time to file response to 55 motion to dismiss GRANTED; response due 1/18/2012. cc:counsel (TLB) (Entered: 01/24/2012)
722012-01-31 Proposed Agreed Order/Stipulation Extending Time to Reply in Support of Motion to Dismiss by Fifth Third Processing Solutions, LLC, Iron Triangle Payment Systems LLC, National Processing Company. (Kaplan, David) (Entered: 01/31/2012)
732012-02-02 AGREED ORDER EXTENDING TIME TO RESPOND by Judge Charles R. Simpson, III on 2/2/2012: ext of time up to 2/13/2012cc:counsel (KJA) (Entered: 02/02/2012)
742012-02-13 MOTION for Leave to File Excess Pages by Defendants Fifth Third Processing Solutions, LLC, National Processing Company Responses due by 3/8/2012 (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 02/13/2012)
752012-02-13 REPLY re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fifth Third Processing Solutions, LLC, National Processing Company. (Hinkle, Casey) (Entered: 02/13/2012)
762012-02-15 ORDER by Judge Charles R. Simpson, III on 2/14/2012 granting 69 Motion for Leave to File Excess Pages. cc:counsel (TLB) Modified on 3/9/2012: corrected link from 74 to 69 (RLK). (Entered: 02/15/2012)
772012-03-13 ORDER granting 74 Motion for Leave to File Excess Pages. Signed by Judge Charles R. Simpson, III on 3/12/12. cc:counsel (JBM) (Entered: 03/13/2012)
782012-06-07 THIRD PARTY COMPLAINT for Declaratory Relief, Injunctive Relief, and Damages against BA Merchant Services, LLC, Bank of America, N.A., filed by National Processing Company, Fifth Third Processing Solutions, LLC. (Attachments: # 1 Exhibit 1 -- 2006 Complaint filed by Business Payment Systems, LLC, # 2 Exhibit 2 -- Asset Purchase Agreement (to be filed under seal), # 3 Exhibit 3 -- First Amended Complaint by Business Payment Systems, LLC and Merchant Capital Portfolios, LLC, # 4 Exhibit 4 -- Affidavit of Sam Chanin, # 5 Exhibit 5 -- Plaintiff's Memorandum of Law, # 6 Exhibit 6 -- Letter from Mayberry to Coyle 2-21-11, # 7 Exhibit 7 -- Letter from Kaplan to Mayberry 3-16-11, # 8 Exhibit 8 -- Letter from Kaplan to Mayberry 7-19-11, # 9 Exhibit 9 -- Letter from Mayberry to Kaplan 7-22-11, # 10 Exhibit 10 -- Email from Kaplan to Mayberry 7-28-11, # 11 Exhibit 11 -- Letter from Kaplan to Mayberry 8-25-11, # 12 Exhibit 12 -- Letter from Kaplan to Mayberry 3-21-12, # 13 Summons on BA Merchant Services, # 14 Summons on Bank of America, N.A.) (Kaplan, David) (Entered: 06/07/2012)
792012-06-11 Summons Issued as to BA Merchant Services, LLC, and Bank of America, N.A.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons Bank of America, N.A.) (JSS) (Entered: 06/11/2012)
802012-06-28 Return of Service Executed as to Bank of America, N.A.. (Attachments: # 1 Receipt Domestic Return Receipt) (Kaplan, David) Modified on 6/28/2012 (JSS). (Entered: 06/28/2012)
812012-06-29 MOTION for Extension of Time to File Response/Reply by Plaintiff Business Payment Systems, LLC Responses due by 7/9/2012 (Attachments: # 1 Third Party Complaint) (Shapiro, Mitchell) (Additional attachment(s) added on 7/13/2012: # 2 Proposed Order) (RLK). (Entered: 06/29/2012)
822012-06-29 Proposed Order re 81 MOTION for Extension of Time to File Response/Reply by Plaintiff Business Payment Systems, LLC. (Shapiro, Mitchell) Modified on 7/16/2012: Changed from a Motion to Proposed Order (RLK). (Entered: 06/29/2012)
832012-07-02 MOTION to Strike by Plaintiff Business Payment Systems, LLC Responses due by 7/26/2012 (Attachments: # 1 Response) (Shapiro, Mitchell) (Additional attachment(s) added on 7/9/2012: # 2 Proposed Order) (JSS). (Entered: 07/02/2012)
842012-07-03 EXHIBITS to 83 MOTION to Strike by Plaintiff Business Payment Systems, LLC Responses due by 7/27/2012 (Attachments: # 1 Exhibit, # 2 Summons, # 3 Exhibit, # 4 Summons) (Shapiro, Mitchell) Modified on 7/16/2012: changed from motion to exhibits (RLK). (Entered: 07/03/2012)
852012-07-03 Proposed Order re 83 MOTION to Strike by Plaintiff Business Payment Systems, LLC. (Shapiro, Mitchell) Modified on 7/16/2012: changed from motion to proposed order (RLK). (Entered: 07/03/2012)
862012-07-03 Proposed Order re 83 MOTION to Strike by Plaintiff Business Payment Systems, LLC. (Shapiro, Mitchell) Modified on 7/16/2012: changed from motion to proposed order (RLK). (Entered: 07/03/2012)
872012-07-15 SUMMONS Returned Executed by National Processing Company, Fifth Third Processing Solutions, LLC. BA Merchant Services, LLC served on 6/28/2012, answer due 7/19/2012. (Attachments: # 1 Summons Upon BA Merchant Services, LLC, # 2 Receipt Green Card) (Kaplan, David) (Entered: 07/15/2012)
882012-07-18 ORDER by Judge Charles R. Simpson, III on 7/16/2012 ; 81 Motion for Extension of Time to File Response to Third Party Complaint for Declaratory Relief, Injunctive Relief, And Damages Against Third-Party Defendants, BA Merchant Services, LLC and Bank of America, N.A. by Defendant National Processing Company GRANTED; response due 7/2/2012.cc:counsel (TLB) (Entered: 07/18/2012)
892012-07-26 RESPONSE to Motion re 83 MOTION to Strike Third-Party Complaint filed by Fifth Third Processing Solutions, LLC, National Processing Company. Replies due by 8/12/2012. (Attachments: # 1 Proposed Order) (Hinkle, Casey) (Entered: 07/26/2012)
902012-08-13 ERROR: Incorrect event selected (Entered: 08/13/2012)
912012-08-16 STIPULATION re 78 Third Party Complaint,,,, Unopposed Stipulation Extending Time to Respond by Fifth Third Processing Solutions, LLC, National Processing Company. (Hinkle, Casey) (Entered: 08/16/2012)
922012-08-17 MOTION for William C. Mayberry to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1471409.by ThirdParty Defendant Bank of America, N.A. Responses due by 9/10/2012 (Attachments: # 1 Affidavit Affidavit of William C. Mayberry, # 2 Proposed Order proposed order) (Mayberry, William) (Entered: 08/17/2012)
932012-08-17 MOTION for R. Locke Beatty to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1471413.by ThirdParty Defendant Bank of America, N.A. Responses due by 9/10/2012 (Attachments: # 1 Affidavit Affidavit of R. Locke Beatty, # 2 Proposed Order proposed order) (Mayberry, William) (Entered: 08/17/2012)
942012-08-17 ORDER by Judge Charles R. Simpson, III on 8/17/12 extending time for Third-Party Defendants BA Merchant Services, LLC and Bank of America, N.A. to answer or otherwise respond to the Third Party Complaint filed by the Defendants/Third-Party Plaintiffs National Processing Company, RPSI, Inc., and Fifth Third Processing Solutions, LLC. Answer due 8/31/2012.cc:counsel (DAK) (Entered: 08/20/2012)
952012-08-22 ORDER signed by Judge Charles R. Simpson, III on 8/21/12 granting 93 Motion to Appear Pro Hac Vice as to R. Locke Beatty on behalf of third party dft, Bank of America, N.A. cc:counsel (SJS) (Entered: 08/22/2012)
962012-08-22 ORDER signed by Judge Charles R. Simpson, III on 8/21/12 granting 92 Motion to Appear Pro Hac Vice as to William c. Mayberry on behalf of Bank of America, N.A. cc:counsel (SJS) (Entered: 08/22/2012)
972012-08-31 STIPULATION re 78 Third Party Complaint,,,, Extending Time to Respond by BA Merchant Services, LLC, Bank of America, N.A., National Processing Company, National Processing Company, GTCR, LLC, National Processing Management Company, Inc.. (Mayberry, William) (Entered: 08/31/2012)
982012-09-05 ORDER by Judge Charles R. Simpson, III on 9/4/12; Third Party Dfts BA Merchant Services, LLC and Bank of America, N.A. shall have through and including 9/20/12 to answer or respond to the Third Party Complaint filed by the Dfts/Third-Party Pltfs.cc:counsel (SJS) (Entered: 09/05/2012)
992012-09-19 STIPULATION re 78 Third Party Complaint,,,, Extending Time to Respond (Unopposed) by BA Merchant Services, LLC, Bank of America, N.A., Fifth Third Processing Solutions, LLC, National Processing Company, National Processing Company, GTCR, LLC, National Processing Management Company, Inc.. (Mayberry, William) (Entered: 09/19/2012)
1002012-10-03 ORDER on Unopposed Stipulation by Judge Charles R. Simpson, III on 10/2/2012 re 78 Third Party Complaint. Third-Party Defendants BA Merchant Services, LLC and Bank of America, N.A. shall have through and including 10/4/2012 to answer or otherwise respond to the Third Party Complaint. cc: Counsel (CDF) (Entered: 10/03/2012)
1012012-10-04 STIPULATION re 78 Third Party Complaint,,,, Extending Time to Respond (Unoppposed) by BA Merchant Services, LLC, Bank of America, N.A., National Processing Company. (Mayberry, William) (Entered: 10/04/2012)
1022012-10-05 ORDER on UNOPPOSED STIPULATION EXTENDING TIME TO RESPOND by Judge Charles R. Simpson, III on 10/5/12; Third-Party Defendants BA Merchant Services, LLC and Bank of America, N.A. shall have through and including Monday November 5, 2012 to answer or otherwise respond to the Third Party Complaint filed by the Defendants/Third-Party Plaintiffs National Processing Company, RPSI, Inc., and Fifth Third Processing Solutions, LLC.cc:counsel (DAK) (Entered: 10/05/2012)
1032012-11-05 STIPULATION (UNOPPOSED STIPULATION EXTENDING TIME TO RESPOND) re 78 Third Party Complaint,,,, Extending Time to Respond (Unopposed) by BA Merchant Services, LLC, Bank of America, N.A., Fifth Third Processing Solutions, LLC, National Processing Company. (Mayberry, William) Modified on 11/6/2012 (JSS). (Entered: 11/05/2012)
1042012-11-08 ORDER by Judge Charles R. Simpson, III on 11/7/2012; re 78 Third Party Complaint; answer due 12/4/2012.cc:counsel (TLB) (Entered: 11/08/2012)
1052012-12-03 MEMORANDUM OPINION by Judge Charles R. Simpson, III on 11/30/12; the court will grant in part and deny in part the motion of defendants RPSI and Fifth Third to dismiss the first amended complaint for failure to state a claim. The court will grant the motion of defendant National Processing Management Company to dismiss any and all claims against it. Lastly, the court will deny Plaintiffs motion to strike th third-party complaint filed by NPC, RPSI and Fifth Third. A separate order will issue in accordance with this opinion.cc:counsel (DAK) (Entered: 12/03/2012)
1062012-12-03 ORDER by Judge Charles R. Simpson, III on 11/30/12 granting in part and denying in part 55 Motion to Dismiss for Failure to State a Claim; granting 67 Motion to Dismiss for Failure to State a Claim; denying 83 Motion to Strike; all claims against Defendant National Processing Management Company areDISMISSED WITH PREJUDICE. cc:counsel (DAK) (Entered: 12/03/2012)
1072012-12-17 MOTION for Extension of Time to File Answer to First Amended Complaint by Defendants Fifth Third Processing Solutions, LLC, National Processing Company Responses due by 12/27/2012 (Attachments: # 1 Proposed Order Granting Motion for Extension of Time) (Kaplan, David) (Entered: 12/17/2012)
1082012-12-19 ANSWER to 50 Amended Complaint, by Fifth Third Processing Solutions, LLC, National Processing Company. (Kaplan, David) (Entered: 12/19/2012)
1092012-12-20 ORDER by Judge Charles R. Simpson, III on 12/20/12 (EBOC); Referring Case to Magistrate Judge Dave Whalin pursuant to 28:636(b)(1)(A); Scheduling Conference set for 3/13/2013 10:30 AM in Louisville Courtroom before Magistrate Judge Dave Whalin; parties shall comply as set forth in order.cc:counsel (MLG) (Entered: 12/20/2012)
1102013-01-07 ORDER by Magistrate Judge Dave Whalin on 1/7/2013 granting 107 Motion for Extension of Time to 12/21/2012 to answer first amended complaint. cc:counsel (TLB) (Entered: 01/07/2013)
1112013-01-31 MOTION to Compel Third-Party Defendants to Answer Third-Party Complaint re 104 Order Setting Answer Deadline of 12/4/12 by Third Party Plaintiffs Fifth Third Processing Solutions, LLC, National Processing Company Responses due by 2/25/2013 (Attachments: # 1 Proposed Order) (Kaplan, David) (Entered: 01/31/2013)
1122013-02-25 ANSWER to 78 Third Party Complaint,,,, by BA Merchant Services, LLC, Bank of America, N.A.. (Beatty, R.) (Entered: 02/25/2013)
1132013-02-27 ORDER by Magistrate Judge Dave Whalin on 2/26/13 - 111 Motion to Compel Third-Party Defendants to Answer Third-Party Complaint is DENIED as moot. cc:counsel (DAK) (Entered: 02/27/2013)
1142013-03-11 CONFERENCE STATEMENT re 109 Order Referring Case to Magistrate Judge, by Fifth Third Processing Solutions, LLC, National Processing Company. (Kaplan, David) (Entered: 03/11/2013)
1152013-03-12 REPORT of Rule 26(f) Planning Meeting by Fifth Third Processing Solutions, LLC, National Processing Company. (Kaplan, David) (Entered: 03/12/2013)
1162013-03-12 REPORT of Rule 26(f) Planning Meeting by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Shapiro, Mitchell) (Entered: 03/12/2013)
1172013-03-12 CONFERENCE STATEMENT re 109 Order Referring Case to Magistrate Judge, by Business Payment Systems, LLC, Merchant Capital Portfolios, LLC. (Shapiro, Mitchell) (Entered: 03/12/2013)
1182013-03-14 MEMORANDUM OF RULE 16 SCHEDULING CONFERENCE AND ORDER (EBOC) for proceedings held before Magistrate Judge Dave Whalin: Scheduling Conference held 3/13/2013. Rule 26(a)(1) Disclosures due by 4/11/2013. Expert Witness due by 9/12/2013, rebuttal reports due 11/15/2013. Discovery due by 12/12/2013, however discovery shall not include residuals until the parties receive clarification of Judge Simpson's Memorandum Opinion (DN 105). Dispositive Motions due by 2/12/2014. cc:counsel (TLB) (Entered: 03/14/2013)
1192013-03-18 Error: Incorrect parties selected; see DN 120 for full document entry; Modified on 3/18/2013 (MLG). (Entered: 03/18/2013)
1202013-03-18 AMENDED ANSWER to 78 Third Party Complaint and CROSSCLAIM against Business Payment Systems, LLC by Bank of America, N.A., BA Merchant Services, LLC. (redocket to correct parties) (MLG) (Entered: 03/18/2013)