Case Details

CourtDistrict of New Jersey
Docket number1:08-cv-05668
Date case filed2008-11-18
Date case closed2013-02-28
Date of latest filing
Assigned toJudge Joseph H. Rodriguez
Case cause28:1332 Diversity-Fraud
Nature of suit370 Other Fraud
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: FREDERIC J. BAKER
Party type: Plaintiff
on behalf of himself and all others similarly situated
Attorney name: GREGORY JOSEPH GORSKI
Attorney Contact:
FRANCIS & MAILMAN PC
LAND TITLE BUILDING
19TH FLOOR
100 SOUTH BROAD STREET
PHILADELPHIA, PA 19107
215-735-8600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: JAMES A. FRANCIS
Attorney Contact:
FRANCIS & MAILMAN, P.C.
100 SOUTH BROAD STREET
PHILADELPHIA,, PA 19110
215-735-8600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: JOHN SOUMILAS
Attorney Contact:
FRANCIS & MAILMAN, P.C.
LAND TITLE BUILDING
19TH FLOOR
100 SOUTH BROAD STREET
PHILADELPHIA, PA 19110
(215) 735-8600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: NOAH AXLER
Attorney Contact:
DONOVAN SEARLES & AXLER. LLC
1845 WALNUT STREET
SUITE 1100
PHILADELPHIA, PA 19103
(215) 732-6067
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: VISA U.S.A., INC.
Party type: Defendant
Attorney name: JOHN A. PISKORA
Attorney Contact:
LOEB & LOEB LLP
345 PARK AVENUE
NEW YORK, NY 10154
212 407-4082
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: INTER NATIONAL BANK
Party type: Defendant
Attorney name: KELLY S. CRAWFORD
Attorney Contact:
RIKER, DANZIG, SCHERER, HYLAND & PERRETTI, LLP
HEADQUARTERS PLAZA
ONE SPEEDWELL AVENUE
PO BOX 1981
MORRISTOWN, NJ 07962-1981
Morris
(973) 538-0800
Fax: (973) 451-8635
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: LIZA M. WALSH
Attorney Contact:
CONNELL FOLEY, LLP
85 LIVINGSTON AVENUE
ROSELAND, NJ 07068
(973) 535-0500
Email: [email protected]
TERMINATED: 01/20/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: CHRISTOPHER ROBERT KEHRLI
Attorney Contact:
RIKER DANZIG SCHERER HYLAND & PERRETTI LLP
HEADQUARTERS PLAZA
ONE SPEEDWELL AVENUE
MORRISTOWN, NJ 07962-1981
(973) 538-0800
Fax: (973) 541-8354
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: NETSPEND CORPORATION
Party type: Defendant
Attorney name: KELLY S. CRAWFORD
Attorney Contact:
RIKER, DANZIG, SCHERER, HYLAND & PERRETTI, LLP
ONE SPEEDWELL AVENUE
PO BOX 1981
MORRISTOWN, NJ 07962-1981
(973) 538-0800
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: CHRISTOPHER ROBERT KEHRLI
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-11-17 COMPLAINT against VISA U.S.A., INC., INTER NATIONAL BANK, NETSPEND CORPORATION ( Filing fee $ 350 receipt number 2276304.) JURY TRIAL DEMANDED, filed by FREDERIC J. BAKER. (Attachments: # 1 ARBITRATION CERTIFICATION, # 2 Civil Cover Sheet)(dmw, ) (Entered: 11/20/2008)
1.1 ARBITRATION CERTIFICATION
1.2 Civil Cover Sheet
22008-11-20 Summons Issued as to VISA U.S.A., INC., INTER NATIONAL BANK, NETSPEND CORPORATION. Days Due - 20. (dmw, ) (Entered: 11/20/2008)
32008-11-25 NOTICE of Appearance by JAMES A. FRANCIS on behalf of FREDERIC J. BAKER (FRANCIS, JAMES) (Entered: 11/25/2008)
42009-01-06 NOTICE of Appearance by LIZA M. WALSH on behalf of INTER NATIONAL BANK (WALSH, LIZA) (Entered: 01/06/2009)
52009-01-06 Application and Proposed Order for Clerk's Order to extend time to answer. (WALSH, LIZA) (Entered: 01/06/2009)
62009-01-07 STIPULATION Extending Time for Visa U.S.A., Inc. to Answer, Move, or Otherwise Respond to the Complaint by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 01/07/2009)
72009-01-08 Stipulation extending time for defendant Visa U.S.A., Inc to answer to 2/6/2009. Signed by Magistrate Judge Ann Marie Donio on 1/8/2009. (nf, ) (Entered: 01/12/2009)
82009-01-14 MOTION for Leave to Appear Pro Hac Vice by VISA U.S.A., INC.. (Attachments: # 1 Text of Proposed Order)(PISKORA, JOHN) (Entered: 01/14/2009)
92009-01-14 AFFIDAVIT in Support re 8 MOTION for Leave to Appear Pro Hac Vice (by John A. Piskora) filed by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 01/14/2009)
102009-01-14 AFFIDAVIT in Support re 8 MOTION for Leave to Appear Pro Hac Vice (by Robert M. Andalman) filed by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 01/14/2009)
112009-01-14 AFFIDAVIT in Support re 8 MOTION for Leave to Appear Pro Hac Vice (by Emily R. Haus) filed by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 01/14/2009)
122009-01-20 Substitution of Attorney - Attorney KELLY S. CRAWFORD and KELLY S. CRAWFORD for INTER NATIONAL BANK added. Attorney LIZA M. WALSH terminated.. (CRAWFORD, KELLY) (Entered: 01/20/2009)
132009-01-20 NOTICE of Appearance by KELLY S. CRAWFORD on behalf of NETSPEND CORPORATION (CRAWFORD, KELLY) (Entered: 01/20/2009)
142009-01-20 APPLICATION/PETITION for Magistrate Order Upon Consent of All Parties to Extend Time for All Defendants To Respond To Complaint To March 16, 2009 for by INTER NATIONAL BANK. (CRAWFORD, KELLY) (Entered: 01/20/2009)
152009-01-16 ORDER granting 8 Motion for Leave to Appear Pro Hac Vice for Robert Andalman and Emily Haus Esq.. Signed by Magistrate Judge Ann Marie Donio on 1/16/2009. (nf, ) (Entered: 01/21/2009)
162009-01-21 MOTION for Leave to Appear Pro Hac Vice for David A. Searles by FREDERIC J. BAKER. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(SOUMILAS, JOHN) (Entered: 01/21/2009)
172009-01-21 CONSENT APPLICATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT to March 16,2009.. Signed by Magistrate Judge Ann Marie Donio on 1/21/2009. (nf, ) (Entered: 01/22/2009)
182009-01-22 APPLICATION/PETITION for Attach Exhibit A to Plaintiff's Complaint for by FREDERIC J. BAKER. (FRANCIS, JAMES) (Entered: 01/22/2009)
192009-01-23 ORDER granting 16 Motion for Leave to Appear Pro Hac Vice for David Searles.. Signed by Magistrate Judge Ann Marie Donio on 1/23/2009. (nf, ) (Entered: 01/27/2009)
202009-02-03 APPLICATION/PETITION for Pro Hac Attorney to Receive ECF Notification for by FREDERIC J. BAKER. (SOUMILAS, JOHN) (Entered: 02/03/2009)
212009-03-04 Corporate Disclosure Statement by NETSPEND CORPORATION. (CRAWFORD, KELLY) (Entered: 03/04/2009)
222009-03-04 Corporate Disclosure Statement by INTER NATIONAL BANK. (CRAWFORD, KELLY) (Entered: 03/04/2009)
232009-03-04 Consent MOTION for Leave to Appear Pro Hac Vice for NetSpend Corporation and Inter National Bank by NETSPEND CORPORATION. (Attachments: # 1 Certification of Kelly S. Crawford in support of application for pro hac vice admission of Finnegan and Schwartz for NetSpend and InterNational Bank, # 2 Affidavit Michael J. Finnegan in support of Application for Pro Hac Vice Admission to Represent NetSpend and InterNational Bank, # 3 Affidavit of Daveed Schwartz in support of Application for Pro Hac Vice Admission to Represent NetSpend and International Bank, # 4 Text of Proposed Order for Admission of Attorneys Finnegan and Schwartz to represent NetSpend and InterNational Bank, # 5 Certification of Service of Application on behalf of NetSpend and InterNational Bank for Admission Pro Hac Vice of Attorneys Finnegan and Schwartz)(CRAWFORD, KELLY) (Entered: 03/04/2009)
242009-03-11 ORDER granting 23 Motion for Leave to Appear Pro Hac Vice for Michael Finnegan and Daveed Schwartz Esq.. Signed by Magistrate Judge Ann Marie Donio on 3/11/2009. (nf, ) (Entered: 03/12/2009)
252009-03-16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b) by INTER NATIONAL BANK, NETSPEND CORPORATION. Responses due by 4/20/2009 (Attachments: # 1 Brief of Defendants Netspend Corporation and Inter National Bank In Support of Their Motion to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6) and 9(b), # 2 Supplement Request for Judicial Notice Pursuant to Fed. R. Evid. 201 In Support of Fed. R. Civ. P. 12(b)(6) and 9(b) Motion to Dismiss by Defendants Netspend Corporation and Inter National Bank, # 3 Exhibit 1 to Request for Judicial Notice, # 4 Exhibit 2 to Request for Judicial Notice, # 5 Exhibit 3 to Request for Judicial Notice, # 6 Text of Proposed Order In Support of Motion of Defendants Netspend Corporation and Inter National Bank to Dismiss, # 7 Certificate of Service of Motion of Defendants Netspend Corporation and Inter National Bank to Dismiss)(CRAWFORD, KELLY) (Entered: 03/16/2009)
262009-03-16 MOTION to Dismiss by VISA U.S.A., INC.. (Attachments: # 1 Request for Judicial Notice Pursuant to Fed. R. Ev. 201 in Support of Fed. R. Civ. P. 12(b)(6) and Fed. R. Civ. P. 9(b) Motion to Dismiss by Defendant Visa USA, Inc., # 2 Text of Proposed Order)(PISKORA, JOHN) (Entered: 03/16/2009)
272009-03-16 MEMORANDUM in Support re 26 MOTION to Dismiss filed by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 03/16/2009)
282009-03-16 MOTION to Dismiss (Corrected) by VISA U.S.A., INC.. (Attachments: # 1 Amended Request for Judicial Notice Pursuant to Fed. R. Ev. 201 in Support of Motion to Dismiss by Defendant Visa USA, Inc., # 2 Text of Proposed Order)(PISKORA, JOHN) (Entered: 03/16/2009)
292009-03-16 MEMORANDUM in Support re 28 MOTION to Dismiss (Corrected) MOTION to Dismiss (Corrected) filed by VISA U.S.A., INC.. (PISKORA, JOHN) (Entered: 03/16/2009)
302009-03-17 Notice of Request by Pro Hac Vice Michael J. Finnegan to receive Notices of Electronic Filings. (CRAWFORD, KELLY) (Entered: 03/17/2009)
312009-03-17 Notice of Request by Pro Hac Vice Daveed A. Schwartz to receive Notices of Electronic Filings. (CRAWFORD, KELLY) (Entered: 03/17/2009)
322009-04-02 NOTICE of Appearance by GREGORY JOSEPH GORSKI on behalf of FREDERIC J. BAKER (GORSKI, GREGORY) (Entered: 04/02/2009)
332009-04-06 Letter from Gregory Gorski, Esq. with Proposed Stipulation. (GORSKI, GREGORY) (Entered: 04/06/2009)
342009-04-07 Notice of Request by Pro Hac Vice Emily R. Haus to receive Notices of Electronic Filings. (PISKORA, JOHN) (Entered: 04/07/2009)
352009-04-07 Notice of Request by Pro Hac Vice Robert M. Andalman to receive Notices of Electronic Filings. (PISKORA, JOHN) (Entered: 04/07/2009)
362009-04-07 STIPULATION AND ORDER, Plaintiff shall respond in opposition to defendants motion to dismiss by 5/4/2009. Defendants reply to Plaintiffs opposition to motion to dismiss due 5/18/2009. Signed by Judge Joseph H. Rodriguez on 4/7/2009. (nf, ) (Entered: 04/09/2009)
372009-05-04 AMENDED COMPLAINT against INTER NATIONAL BANK, NETSPEND CORPORATION, filed by FREDERIC J. BAKER.(SOUMILAS, JOHN) (Entered: 05/04/2009)
382009-05-04 Certification of JOHN SOUMILAS on behalf of FREDERIC J. BAKER Re 37 Amended Complaint. (GORSKI, GREGORY) (Entered: 05/04/2009)
392009-05-13 ORDER dismissing as moot 28 & 25 Motion to Dismiss. Signed by Judge Joseph H. Rodriguez on 5/13/2009. (nf, ) (Entered: 05/14/2009)
402009-05-18 Letter from Kelly S. Crawford, Esq., Counsel for Defendants NetSpend and Inter National Bank, Confirming Responsive Pleading due date. (CRAWFORD, KELLY) (Entered: 05/18/2009)
412009-05-26 APPLICATION/PETITION for entry of Consent Order Extending Time for Defendants to Respond to Amended Complaint for by INTER NATIONAL BANK, NETSPEND CORPORATION. (CRAWFORD, KELLY) (Entered: 05/26/2009)
422009-05-27 CONSENT APPLICATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO AMENDED COMPLAINT, to 6/12/2009. Signed by Magistrate Judge Karen M. Williams on 5/27/2009. (nf, ) (Entered: 05/28/2009)
432009-06-08 APPLICATION/PETITION for Permission for Defendants to File Overlength Brief in support of motion to dismiss in lieu of answer for by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Text of Proposed Order to grant permission to Defendants to file overlength brief)(CRAWFORD, KELLY) (Entered: 06/08/2009)
442009-06-12 MOTION to Dismiss Amended Complaint by INTER NATIONAL BANK, NETSPEND CORPORATION. Responses due by 6/22/2009 (Attachments: # 1 Brief of Defendants NetSpend and International Bank In Support of Motion to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 9(b), # 2 Affidavit of Tom Firnhaber in Support of Defendants' Motion to Dismiss Amended Complaint, # 3 Affidavit of Darryl Cukely in Support of Defendants' Motion to Dismiss Amended Complaint, # 4 Affidavit of Daveed Schwartz, Esq. In Support of Defendants' Motion to Dismiss Amended Complaint, # 5 Supplement Request For Judicial Notice of Facts in Support of Defendants' Motion to Dismiss Amended Complaint, # 6 Exhibit 1 to Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Complaint, # 7 Exhibit 2 to Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Complaint, # 8 Exhibit 3 to Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Complaint, # 9 Exhibit 4 to Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Complaint, # 10 Text of Proposed Order Dismissing Amended Complaint, # 11 Certificate of Service of Defendants' Motion To Dismiss Amended Complaint)(CRAWFORD, KELLY) (Entered: 06/12/2009)
452009-06-17 STIPULATION by FREDERIC J. BAKER, INTER NATIONAL BANK, NETSPEND CORPORATION. (GORSKI, GREGORY) (Entered: 06/17/2009)
462009-07-06 Letter from Gregory Gorski, Esq.. (Attachments: # 1 Stipulation)(GORSKI, GREGORY) (Entered: 07/06/2009)
472009-07-06 AMENDED DOCUMENT by FREDERIC J. BAKER. Amendment to 46 Letter. (Attachments: # 1 Stipulation)(GORSKI, GREGORY) (Entered: 07/06/2009)
482009-07-09 STIPULATION AND ORDER, Plaintiff shall respond in opposition to Defendants Inter National Bank and Netspend Corporation's motion to dismiss by 7/23/2009. Defendants Inter National Bank and Netspend Corporation's shall reply to opposition by 8/10/2009. Defendants Motion to dismiss is returnable before the Court on 8/17/2009. Signed by Judge Joseph H. Rodriguez on 7/9/2009. (nf, ) (Entered: 07/10/2009)
492009-07-23 BRIEF in Opposition re 44 MOTION to Dismiss Amended Complaint filed by FREDERIC J. BAKER. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(GORSKI, GREGORY) (Entered: 07/23/2009)
502009-08-07 APPLICATION/PETITION for Staying Briefing and Disposition Schedule on Motion to Dismiss Amended Complaint for by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Text of Proposed Order Staying Briefing and Disposition Schedule on Motion to Dismiss Amended Complaint)(CRAWFORD, KELLY) (Entered: 08/07/2009)
512009-08-12 RESPONSE re 50 Application/Petition,. (GORSKI, GREGORY) (Entered: 08/12/2009)
522009-08-12 Letter from Counsel for Defendants in Reply to Plaintiff's Opposition to Defendants' Application for a stay of the pending motion to dismiss briefing schedule and motion hearing re 50 Application/Petition, 51 Response (NOT Motion). (CRAWFORD, KELLY) (Entered: 08/12/2009)
532009-08-17 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) by INTER NATIONAL BANK, NETSPEND CORPORATION. Responses due by 9/8/2009 (Attachments: # 1 Brief IN SUPPORT OF MOTION PURSUANT TO FED. R. CIV. P. 12(H)(3) OR SUGGESTION THAT THE COURT LACKS SUBJECT MATTER JURISDICTION, # 2 Affidavit OF J.P. YOUNG, # 3 Text of Proposed Order Dismissing Amended Complaint For Lack of Subject Matter Jurisdiction, # 4 Certificate of Service)(CRAWFORD, KELLY) (Entered: 08/17/2009)
542009-09-01 Letter from Defendants NetSpend Corporation and Inter National Bank to Clerk updating contact information and requesting withdrawal of pro hac vice admission. (CRAWFORD, KELLY) (Entered: 09/01/2009)
552009-09-03 AFFIDAVIT of John P. Young in Support of Defendants' Fed. R. Civ. P. 12(h)(3) Motion or "Suggestion" that the Court Lacks Subject Matter Jurisdiction (Supplemental) re 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) by INTER NATIONAL BANK, NETSPEND CORPORATION. (CRAWFORD, KELLY) (Entered: 09/03/2009)
562009-09-08 BRIEF in Opposition re 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) filed by FREDERIC J. BAKER. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 Certificate of Service)(FRANCIS, JAMES) (Entered: 09/08/2009)
572009-09-16 REPLY BRIEF to Opposition to Motion re 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Affidavit Further Supplemental Affidavit of J. P. Young in further support of Defendants' 12(h)(3), # 2 Certification counsel appending unpublished opinions cited in Reply Brief, # 3 Certificate of Service of Reply Brief and related documents)(CRAWFORD, KELLY) (Entered: 09/16/2009)
582009-09-21 APPLICATION/PETITION for leave to file overlength reply brief for by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Text of Proposed Order granting leave to file overlength reply brief)(CRAWFORD, KELLY) (Entered: 09/21/2009)
592009-09-30 REPLY BRIEF to Opposition to Motion re 44 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 9(b) filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Certification of Kelly Crawford (unpublished opinions), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service)(CRAWFORD, KELLY) (Entered: 09/30/2009)
602010-01-06 LETTER ORDER to Counsel, Re: Oral argument on the pending motions to dismiss has been scheduled for Tuesday, January 26, 2010 at 1:30 p.m. in Courtroom 5D. Signed by Judge Joseph H. Rodriguez on 1/6/2010. (nf, ) (Entered: 01/06/2010)
612010-01-22 NOTICE by FREDERIC J. BAKER Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(FRANCIS, JAMES) (Entered: 01/22/2010)
622010-01-24 NOTICE by INTER NATIONAL BANK, NETSPEND CORPORATION re 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter), 60 Order, 57 Reply Brief to Opposition to Motion,, 59 Reply Brief to Opposition to Motion, 44 MOTION to Dismiss Amended Complaint Supplemental Authority (Attachments: # 1 Exhibit A - Boyko v. American Intern. Group, Inc., # 2 Exhibit B - Shah v. American Exp. Co., # 3 Exhibit C - Delaney v. Landry's Restaurants, Inc.)(CRAWFORD, KELLY) (Entered: 01/24/2010)
632010-01-26 Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Motion Hearing held on 1/26/2010 re 53 MOTION to Dismiss for Lack of Jurisdiction filed by INTER NATIONAL BANK, NETSPEND CORPORATION, 44 MOTION to Dismiss Amended Complaint filed by INTER NATIONAL BANK, NETSPEND CORPORATION. Decision Reserved (Court Reporter/Recorder Lisa Marcus.) (nf, ) (Entered: 01/27/2010)
642010-01-26 ORDER Granting leave for Defendants to file an over length reply brief in connection with their motion to dismiss, which is not to exceed 20 pages. Signed by Judge Joseph H. Rodriguez on 1/26/2010. (nf, ) (Entered: 01/27/2010)
652010-01-29 Letter from James A. Francis re 56 Brief in Opposition to Motion,. (FRANCIS, JAMES) (Entered: 01/29/2010)
662010-02-08 Letter from Counsel for NetSpend/INB seeking five-day extension to file response position paper regarding CAFA jurisdictional discovery re 56 Brief in Opposition to Motion, 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter), 57 Reply Brief to Opposition to Motion,,. (CRAWFORD, KELLY) (Entered: 02/08/2010)
672010-02-16 Letter from Defendants' Counsel in Opposition to Plaintiff's January 29, 2010 Letter Brief Relating To Defendants' Rule 12(h)(3) motion to dismiss or lack of subject matter jurisdiction re 56 Brief in Opposition to Motion, 65 Letter, 53 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter), 55 Affidavit, 57 Reply Brief to Opposition to Motion,,. (Attachments: # 1 Exhibit A - Faltaous v. Johnson & Johnson, # 2 Exhibit B - Schwartz v. Comcast Corp.)(CRAWFORD, KELLY) (Entered: 02/16/2010)
682010-02-22 Transcript of Proceedings held on 1/26/2010, before Judge Joseph H. Rodriguez. Court Reporter/Transcriber Lisa Marcus, Telephone number 856-968-4986. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. If no such notice is filed, the transcript will be made remotely available in electronic format to the public without redaction after ninety(90) calendar days. The redaction policy is located on our website at www.njd.uscourts.gov. Transcripts may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for release of transcript restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2010. Redacted Transcript Deadline set for 3/25/2010. Release of Transcript Restriction set for 5/24/2010. (nf, ) (Entered: 02/24/2010)
692010-02-24 Letter from Plaintiff in reply to the letter-brief filed by Defendants on 2/16/2010. (FRANCIS, JAMES) (Entered: 02/24/2010)
702010-03-02 ORDER denying 44 Motion to Dismiss ; denying 53 Motion to Dismiss for Lack of Jurisdiction, without prejudice to Defendants right to reinstate either or both, if necessary, depending what is revealed by the limited discovery granted here. Plaintiff is permitted to take limited discovery as outlined in this Order. Signed by Judge Joseph H. Rodriguez on 3/2/2010. (nf, ) (Entered: 03/04/2010)
712010-04-06 APPLICATION/PETITION for Order that Defendants need not respond to CAFA jurisdictional discovery for by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Exhibit (Exh.) A - 3/25/2010 Letter to Plaintiff's Counsel regarding CAFA jurisdiction discovery, # 2 Exhibit (Exh.) B - 3/24/2010 Affidavit of Young)(CRAWFORD, KELLY) (Entered: 04/06/2010)
722010-05-10 Proposed MOTION to Dismiss (Seeking Briefling Schedule) by INTER NATIONAL BANK, NETSPEND CORPORATION. Responses due by 5/24/2010 (Attachments: # 1 Certification of Kelly Crawford, # 2 Certification Ex. A, # 3 Certification Ex. B, # 4 Certification Ex. C, # 5 Certification Ex. D, # 6 Certification Ex. E, # 7 Certification Ex. F, # 8 Statement Note of Motion, # 9 Text of Proposed Order, # 10 Certificate of Service)(KEHRLI, CHRISTOPHER) (Entered: 05/10/2010)
732010-05-24 MEMORANDUM in Opposition re 72 Proposed MOTION to Dismiss (Seeking Briefling Schedule)Proposed MOTION to Dismiss (Seeking Briefling Schedule) filed by FREDERIC J. BAKER. (Attachments: # 1 Text of Proposed Order)(GORSKI, GREGORY) (Entered: 05/24/2010)
742010-06-01 REPLY BRIEF to Opposition to Motion re 72 Proposed MOTION to Dismiss (Seeking Briefling Schedule)Proposed MOTION to Dismiss (Seeking Briefling Schedule) filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (CRAWFORD, KELLY) (Entered: 06/01/2010)
752010-07-27 ORDER denying 72 Motion to set a briefing schedule for a revised motion to dismiss. Signed by Judge Joseph H. Rodriguez on 7/27/2010. (nf, ) (Entered: 07/28/2010)
762010-08-12 APPLICATION/PETITION for by NETSPEND CORPORATION. (Attachments: # 1 Further Notice of Supplemental Authority, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex. H)(KEHRLI, CHRISTOPHER) (Entered: 08/12/2010)
772010-09-17 RESPONSE re 76 Application/Petition. (FRANCIS, JAMES) (Entered: 09/17/2010)
782010-10-25 MOTION to Strike by INTER NATIONAL BANK, NETSPEND CORPORATION. Responses due by 11/22/2010 (Attachments: # 1 Brief, # 2 Certification, # 3 Text of Proposed Order, # 4 Certificate of Service)(CRAWFORD, KELLY) (Entered: 10/25/2010)
792010-11-22 RESPONSE in Opposition re 78 MOTION to Strike filed by FREDERIC J. BAKER. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FRANCIS, JAMES) (Entered: 11/22/2010)
802010-11-27 REPLY to Response to Motion re 78 MOTION to Strike Plaintiff's unauthorized Letter Brief dated September 17, 2010 filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (CRAWFORD, KELLY) (Entered: 11/27/2010)
812011-02-16 Oral argument on the renewed motion to dismiss the Amended Complaint has been scheduled for 3/16/2011 at 10:00 AM in Courtroom 5D. Signed by Judge Joseph H. Rodriguez on 2/16/2011. (dmr) (Entered: 02/16/2011)
822011-02-15 ORDER denying 78 Motion to Strike. If defense counsel deems it necessary, Defts. shall be permitted to file within 10 days, solely for the purpose of replying to Pltf's 9/17/2010 submission. Signed by Judge Joseph H. Rodriguez on 2/15/2011. (dmr) (Entered: 02/16/2011)
832011-02-22 BRIEF in Response to Plainitff's September 17, 2010 Letter Brief filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (KEHRLI, CHRISTOPHER) (Entered: 02/22/2011)
842011-03-02 LETTER TO COUNSEL: Oral argument on the renewed motion to to dismiss the Amended Complaint has been RESCHEDULED to 3/22/2011 at 2:00 PM in Courtroom 5D. Signed by Judge Joseph H. Rodriguez on 3/2/2011. (dmr) (Entered: 03/02/2011)
852011-03-02 Letter from Kelly Crawford Updating Contact Information for Daveed Schwartz. (KEHRLI, CHRISTOPHER) (Entered: 03/02/2011)
862011-03-22 Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Motion Hearing held on 3/22/2011 re: MOTION to Dismiss Amended Complaint filed by INTER NATIONAL BANK, NETSPEND CORPORATION. (Court Reporter/Recorder Carl Nami, Jr.) (dmr) (Entered: 03/23/2011)
872011-03-25 NOTICE of Appearance by DAVID A. SEARLES on behalf of FREDERIC J. BAKER (SEARLES, DAVID) (Entered: 03/25/2011)
882011-03-25 NOTICE by INTER NATIONAL BANK, NETSPEND CORPORATION of Clarification of a Response to Question Posed by the Court on March 22, 2011 oral argument on renewed Motion to Dismiss (KEHRLI, CHRISTOPHER) (Entered: 03/25/2011)
892011-03-25 Transcript of Proceedings held on 3/22/2011, before Judge Joseph H. Rodriguez. Court Reporter/Transcriber Carl J. Nami. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 4/15/2011. Redacted Transcript Deadline set for 4/25/2011. Release of Transcript Restriction set for 6/23/2011. (drw, ) (Entered: 03/28/2011)
902011-03-31 NOTICE of Appearance by NOAH AXLER on behalf of FREDERIC J. BAKER. (dmr) (Entered: 03/31/2011)
912011-04-22 NOTICE by FREDERIC J. BAKER Withdrawal of Appearance (SEARLES, DAVID) (Entered: 04/22/2011)
922012-01-19 MEMORANDUM OPINION & ORDER, It is ORDERED that the renewed motion to dismiss the Amended Complaint is GRANTED IN PART and DENIED IN PART. Signed by Judge Joseph H. Rodriguez on 1/19/2012. (dmr) (Entered: 01/20/2012)
932012-02-03 ANSWER to Amended Complaint with Jury Demand by INTER NATIONAL BANK.(KEHRLI, CHRISTOPHER) Modified on 2/6/2012 (dmr, ). (Entered: 02/03/2012)
942012-02-03 ANSWER to Amended Complaint by NETSPEND CORPORATION.(KEHRLI, CHRISTOPHER) (Entered: 02/03/2012)
952012-02-06 Order Initial Conference set for 4/26/2012 at 2:00 PM in Room 2040 before Magistrate Judge Karen M. Williams. Signed by Magistrate Judge Karen M. Williams on 2/6/2012. (dmr) (Entered: 02/06/2012)
962012-02-20 MOTION for Leave to Appear Pro Hac Vice of M. Taylor Florence by INTER NATIONAL BANK, NETSPEND CORPORATION. (Attachments: # 1 Affidavit, # 2 Certification, # 3 Text of Proposed Order, # 4 Certificate of Service)(KEHRLI, CHRISTOPHER) (Entered: 02/20/2012)
972012-03-19 ORDER granting 96 Motion for Leave to Appear Pro Hac Vice; ORDERED that M. Taylor Floremce, Esq. shall make a payment of $150.00 on each admission made payable to the Clerk, United States District Court. Signed by Magistrate Judge Karen M. Williams on 3/19/2012. (dmr) (Entered: 03/19/2012)
982012-04-03 Letter from counsel jointly requesting 45 day adjournment of Rule 16 conference. (Attachments: # 1 Text of Proposed Order)(KEHRLI, CHRISTOPHER) (Entered: 04/03/2012)
992012-04-05 TEXT ORDER - The Court has GRANTED the request of Defendants Inter National Bank and NetSpend Corp., Counsel and rescheduled the Initial Scheduling Conference from 4/26/2012 to 6/12/2012 at 11:00 a.m. in Room 2040. All other directives given in the Order Setting Initial Conference will remain in effect. Signed by Magistrate Judge Karen M. Williams on 4/5/2012. (dmw, ) (Entered: 04/05/2012)
1002012-05-22 Letter from James A. Francis. (FRANCIS, JAMES) (Entered: 05/22/2012)
1012012-05-30 ORDER granting Pltf's request to cancel the 6/12/2012 Initial Scheduling Conference. ORDERED that the parties are granted a period of 45 days to file a motion for preliminary approval due on or before 8/6/2012. Signed by Judge Joseph H. Rodriguez on 5/30/2012. (dmr) (Entered: 05/31/2012)
1022012-08-01 Letter from James A. Francis re: Motion for Preliminary Approval of Class Settlement. (FRANCIS, JAMES) (Entered: 08/01/2012)
1032012-09-11 MOTION for Settlement for Preliminary Approval of Class Action Settlement and Notice to Class by FREDERIC J. BAKER. (Attachments: # 1 Appendix I)(FRANCIS, JAMES) (Entered: 09/11/2012)
1042012-11-13 ORDER PRELIMINARILY APPROVING SETTLEMENT AND DIRECTING NOTICE TO CLASS. ORDERED that the 103 Motion for Settlement is granted. FAIRNESS HEARING set for 2/28/2013 @ 10:00 AM in Courtroom 5D. Signed by Judge Joseph H. Rodriguez on 11/13/2012. (drw) (Entered: 11/13/2012)
1052012-12-20 DECLARATION of David L. Garcia Regarding Notice Implementation Pursuant to Class Action Fairness Act, 28 USC 1715 by INTER NATIONAL BANK, NETSPEND CORPORATION. (KEHRLI, CHRISTOPHER) (Entered: 12/20/2012)
1062013-01-14 DECLARATION that Defendants Provided Notice to Class Members in Accordance with the Courts Order Preliminarily Approving Settlement and Directing Notice to Class Dated November 13, 2012 by INTER NATIONAL BANK, NETSPEND CORPORATION. (KEHRLI, CHRISTOPHER) (Entered: 01/14/2013)
1072013-02-18 MOTION for Settlement Final Approval of Class Action Settlement by FREDERIC J. BAKER. (FRANCIS, JAMES) (Entered: 02/18/2013)
1082013-02-18 MOTION for Attorney Fees Plaintiff's Motion and Memorandum of Law in Support of Motion for Attorneys' Fees, Reimbursement of Expenses and Award to Class Representative by FREDERIC J. BAKER. (Attachments: # 1 Appendix I, # 2 Appendix II)(FRANCIS, JAMES) (Entered: 02/18/2013)
108.1 Appendix I
108.2 Appendix II
1092013-02-28 Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Motion Hearing held on 2/28/2013 re 107 MOTION for Settlement Final Approval of Class Action Settlement filed by FREDERIC J. BAKER, 108 MOTION for Attorney Fees Plaintiff's Motion and Memorandum of Law in Support of Motion for Attorneys' Fees, Reimbursement of Expenses and Award to Class Representative filed by FREDERIC J. BAKER. Ordered motions granted. Order to be entered. (Court Reporter/Recorder Karen Friedlander.) (dmr) (Entered: 02/28/2013)
1102013-02-28 ORDER granting 108 Motion for Attorney Fees. Signed by Judge Joseph H. Rodriguez on 2/28/2013. (dmr) (Entered: 02/28/2013)
1112013-02-28 FINAL JUDGMENT AND ORDER granting 107 Motion for Settlement. ORDERED that this action is finally certified as a class action against Defts Inter National Bank and Netspend Corporation, etc. Signed by Judge Joseph H. Rodriguez on 2/28/2013. (dmr) (Entered: 02/28/2013)