Total Merchant Services, LLC v. TMS NC Inc. et al
| North Carolina Eastern District Court | |
| Judge: | Richard E Myers, II |
| Case #: | 5:21-cv-00240 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 18:1962 Racketeering (RICO) Act |
| Case Filed: | Jun 02, 2021 |
| Terminated: | Dec 16, 2021 |
| Case in other court: | Wake County Superior Court, 21-CVS-5801 |
| Last checked: Monday Nov 29, 2021 5:24 AM EST |
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Counter Claimant
TMS NC Inc.
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Represented By
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Counter Defendant
Total Merchant Services, LLC
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Defendant
Christopher Collins
3021 Berks Way Ste 202
Raleigh, NC 27614 |
Represented By
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Defendant
TMS NC Inc.
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Represented By
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Plaintiff
Total Merchant Services, LLC
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Represented By
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ThirdParty Defendant
Kirk Haggarty
3 Dodge Pl
Grosse Pointe, MI 48230 |
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ThirdParty Defendant
North American Bancard Holdings LLC
40600 Ann Arbor E Ste 201
Plymouth, MI 48170 |
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ThirdParty Defendant
North American Bancard, LLC
40600 ANN ARBOR RD E STE 201
Plymouth, MI 48170 |
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ThirdParty Defendant
Marc Gardner
1421 Pembroke Dr.
Bloomfield Hills, MI 48304 |
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ThirdParty Defendant
David Greenberg
5 Inwood Ln
Westport, CT 06880 |
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ThirdParty Defendant
Total Merchant Services, Inc.
21650 Oxnard St. Suite 1200
Woodland Hills, CA 91367 |
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ThirdParty Plaintiff
TMS NC Inc.
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Represented By
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| Docket last updated: 07/23/2024 11:59 PM EDT |
| Wednesday, October 05, 2022 | ||
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order
Order Referring Motion
Wed 10/05 12:20 PM
TEXT ORDER REFERRING MOTION: Plaintiff's Motion for Attorney Fees, filed at DE 39, is referred to Magistrate Judge Brian S. Meyers for a memorandum and recommendation on the disposition of the motion. Entered by Chief US District Judge Richard E. Myers II on 10/5/2022. (McNally, Kimberly) |
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Motion No Longer Submitted
Wed 10/05 12:24 PM
Motion No Longer Submitted to Chief US District Judge Richard E. Myers II: regarding39 MOTION for Attorney Fees Request to be Found Reasonable . (McNally, Kimberly) |
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| Thursday, August 04, 2022 | ||
| 45 | 45
notice
Notice of Suggestion of Subsequent Authority
Thu 08/04 11:11 AM
Notice of Suggestion of Subsequently Controlling Decided Authority filed by Total Merchant Services, LLC . (Segars, Thomas) |
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Att: 1
11 pgs
Exhibit A - August 2 Order
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| Monday, March 14, 2022 | ||
| 44 | 44
4
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respm
Reply to Response to Motion
Mon 03/14 8:50 AM
REPLY to Response to Motion regarding39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Motion Submitted
Mon 03/14 4:22 PM
Motion Submitted to Chief US District Judge Richard E. Myers II regarding39 MOTION for Attorney Fees Request to be Found Reasonable . (Waddell, K.) |
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| Monday, March 07, 2022 | ||
| 43 | 43
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respm
Proposed Order
Mon 03/07 6:56 PM
Proposed Order filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
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| 42 | 42
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respm
Response in Opposition to Motion
Mon 03/07 6:55 PM
RESPONSE in Opposition regarding39 MOTION for Attorney Fees Request to be Found Reasonable filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
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| Tuesday, February 22, 2022 | ||
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notice
Notice to Counsel
Tue 02/22 11:58 AM
Notice to Counsel regarding:41 Proposed Order. Pursuant to Chief US District Judge Richard E. Myers II Practice Preferences, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
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| Monday, February 21, 2022 | ||
| 41 | 41
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respm
Proposed Order
Mon 02/21 3:40 PM
Proposed Order regarding39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 40 | 40
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respoth
Memorandum in Support
Mon 02/21 3:35 PM
Memorandum in Support regarding39 MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 39 | 39
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pgs
motion
Attorney Fees
Mon 02/21 3:34 PM
MOTION for Attorney Fees Request to be Found Reasonable filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
Exhibit A - Declaration of Joshua P. Gunnemann,
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Att: 2
Exhibit B - Declaration of Thomas H. Segars,
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Att: 3
Exhibit C - Declaration of Paul J. Puryear, Jr.
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| Friday, February 11, 2022 | ||
| 38 | 38
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order
Order on Motion for Miscellaneous Relief
Fri 02/11 11:55 AM
ORDER: Plaintiff's Motion for Contempt [DE 34] is DENIED WITHOUT PREJUDICE. Signed by Chief US District Judge Richard E. Myers II on 2/11/2022. Counsel are reminded to read the order in its entirety for other critical information and deadlines. (Waddell, K.) |
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| Friday, January 28, 2022 | ||
| 37 | 37
respm
Proposed Order
Fri 01/28 2:37 PM
Proposed Order regarding34 MOTION Contempt regarding32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 36 | 36
misc
Declaration
Fri 01/28 12:51 PM
Declaration regarding34 MOTION Contempt regarding32 Order on Motion to Remand by Total Merchant Services, LLC filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit 1 - 12/17/21 Email/Letter Gunnemann to Hatcher,
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Att: 3
Exhibit 2 - 12/28/21 Email Gunnemann to Hatcher, with letter and billing statements,
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Att: 4
Exhibit 3 - 12/28/21 Email Hatcher to Gunnemann,
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Att: 5
Exhibit 4 - 01/03/22 Email Collins cc'ing Plaintiff's Counsel,
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Att: 6
Exhibit 5 - 01/11/22 Email Gunnemann to Hatcher,
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Att: 7
Exhibit 6 - 01/18-19/22 Email exchange Gunneman and Hatcher
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| 35 | 35
11
pgs
respoth
Memorandum in Support
Fri 01/28 12:43 PM
Memorandum in Support regarding34 MOTION Contempt regarding32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 34 | 34
motion
Miscellaneous Relief
Fri 01/28 12:42 PM
MOTION Contempt regarding32 Order on Motion to Remand filed by Total Merchant Services, LLC. (Segars, Thomas) |
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notice
Notice of Deficiency - Failure to File Proposed Order
Fri 01/28 1:13 PM
NOTICE OF DEFICIENCY regarding34 Motion for Contempt. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
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| Thursday, December 16, 2021 | ||
| 33 | 33
misc
Letter
Thu 12/16 1:51 PM
Letter sent to Wake County Clerk of Superior Court regarding32 Order on Remand. (Waddell, K.) |
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| 32 | 32
11
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order
Order on Motion to Remand
Thu 12/16 1:30 PM
ORDER granting 16 Motion to Remand. Signed by Chief US District Judge Richard E. Myers II on 12/16/2021. (Waddell, K.) |
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| Thursday, December 02, 2021 | ||
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utility
Remark
Thu 12/02 11:09 AM
Document Submitted:31 Certification of Domicile submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.) |
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| Wednesday, December 01, 2021 | ||
| 31 | 31
misc
Declaration
Wed 12/01 4:55 PM
Declaration certification of domicile by Christopher Collins (Hatcher, Nichole) |
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| Monday, November 22, 2021 | ||
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order
Text Order
Mon 11/22 10:33 AM
TEXT ORDER: This matter comes before the court sua sponte. To determine subject matter jurisdiction in this case, the court directs Defendant Christopher Collins to file a notice informing the court of his domicile in accordance with 28 U.S.C. § 1441(a), and 28 U.S.C. § 1332. This notice shall be filed on or before December 6, 2021. Entered by Chief US District Judge Richard E. Myers II on 11/22/2021. (Waddell, K.) |
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| Friday, June 25, 2021 | ||
| 30 | 30
respm
Reply to Response to Motion
Fri 06/25 12:13 PM
REPLY to Response to Motion regarding16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Motion Submitted
Fri 06/25 2:30 PM
Motions Submitted to Chief US District Judge Richard E. Myers II regarding16 MOTION to Remand For Lack of Subject Matter Jurisdiction and20 MOTION to Stay. (Waddell, K.) |
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order
Order on Motion to Stay
Fri 06/25 3:27 PM
TEXT ORDER: This matter comes before the court on Plaintiff's unopposed motion to stay further litigation pending a ruling on Plaintiff's motion to remand the matter to state court. [DE-20] Because the motion is unopposed, and for good cause shown, the motion is GRANTED. Entered by Chief US District Judge Richard E. Myers II on 6/25/2021. (Waddell, K.) |
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| Thursday, June 24, 2021 | ||
| 29 | 29
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Memorandum in Opposition
Thu 06/24 9:01 PM
Memorandum in Opposition regarding16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
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| Tuesday, June 15, 2021 | ||
| 28 | 28
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order
Order on Motion to Expedite
Tue 06/15 5:10 PM
ORDER granting 25 Motion to Expedite Briefing Schedules regarding 16 Motion to Remand and 20 Motion to Stay. Defendants are DIRECTED to file any opposition papers to Plaintiff's motion to remand [DE-16] or motion to stay pending adjudication of the motion to remand [DE-20] on or before June 24, 2021.Plaintiff is DIRECTED to file any reply papers within three (3) days of the filing of the relevant opposition papers. Signed by Chief US District Judge Richard E. Myers II on 6/15/2021. (Waddell, K.) |
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| Monday, June 14, 2021 | ||
| 27 | 27
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Memorandum in Support
Mon 06/14 5:01 PM
Memorandum in Support regarding25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] CORRECTED filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 26 | 26
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pgs
respoth
Memorandum in Support
Mon 06/14 4:50 PM
Memorandum in Support regarding25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 25 | 25
motion
Expedite
Mon 06/14 4:49 PM
Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
Text of Proposed Order
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| 24 | 24
misc
Withdrawal of Motion
Mon 06/14 4:44 PM
WITHDRAWAL of Motion by Total Merchant Services, LLC. regarding22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC (Segars, Thomas) |
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notice
Notice to Counsel
Mon 06/14 4:58 PM
Notice to Counsel regarding:25 Amended Motion to Expedite. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
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Motion Submitted
Mon 06/14 5:00 PM
Motion Submitted to Chief US District Judge Richard E. Myers II regarding25 Amended MOTION to Expedite Briefing on Plaintiff's Motions to Remand [DE 16] and to Stay [DE 20] . (Waddell, K.) |
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| Saturday, June 12, 2021 | ||
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notice
Reminder to Counsel - Chief Judge Myers
Sat 06/12 5:18 PM
REMINDER TO COUNSEL regarding16 Motion. Pursuant to Chief Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
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Motion Submitted
Sat 06/12 5:30 PM
Motion Submitted to Chief Judge Richard E. Myers II regarding22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] . (Edwards, S.) |
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| Friday, June 11, 2021 | ||
| 23 | 23
3
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respoth
Memorandum in Support
Fri 06/11 5:54 PM
Memorandum in Support regarding22 MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 22 | 22
motion
Expedite
Fri 06/11 5:52 PM
MOTION to Expedite Briefing on Motion to Remand [DE 16] and Motion to Stay [DE 20] filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
Text of Proposed Order
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| 21 | 21
7
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respoth
Memorandum in Support
Fri 06/11 5:38 PM
Memorandum in Support regarding20 MOTION to Stay filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 20 | 20
motion
Stay
Fri 06/11 5:35 PM
MOTION to Stay filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
Text of Proposed Order
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| 19 | 19
notice
Notice of Change of Address
Fri 06/11 5:05 PM
Notice of Change of Address filed by Joshua P Gunnemann filed by on behalf of Total Merchant Services, LLC. (Gunnemann, Joshua) |
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| 18 | 18
notice
Notice of Special Appearance
Fri 06/11 4:31 PM
Notice of Special Appearance for non-district by Joshua P Gunnemann on behalf of Total Merchant Services, LLC. (Gunnemann, Joshua) |
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| Thursday, June 10, 2021 | ||
| 17 | 17
10
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respoth
Memorandum in Support
Thu 06/10 7:51 PM
Memorandum in Support regarding16 MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Segars, Thomas) |
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| 16 | 16
motion
Remand
Thu 06/10 7:44 PM
MOTION to Remand For Lack of Subject Matter Jurisdiction filed by Total Merchant Services, LLC. (Segars, Thomas) |
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Att: 1
7 pgs
Exhibit A - Wake County Motion for Preliminary Injunction,
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Att: 2
Exhibit B - Wake County Memorandum in Support of Motion for Preliminary Injunction,
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Att: 3
Exhibit C - Wake County Conditional Notice of Designation,
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Att: 4
Exhibit D - Wake County Affidavit of Service (Collins),
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Att: 5
Exhibit E - Wake County Affidavit of Service (TMS NC),
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Att: 6
Exhibit F - Wake County Calendar Request,
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Att: 7
Exhibit G - Wake County Court Calendar,
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Att: 8
10 pgs
Exhibit H - May 3, 2021 email,
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Att: 9
Exhibit I - May 12, 2021 email,
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Att: 10
Exhibit J - May 12, 2021 email,
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Att: 11
Exhibit K - May 15, 2021 email
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| 15 | 15
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notice
Notice of Related Case
Thu 06/10 7:35 PM
Notice of Related Case filed by Total Merchant Services, LLC (4:17-CV-115-FL) . (Segars, Thomas) |
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| 14 | 14
misc
Financial Disclosure Statement
Thu 06/10 7:34 PM
Financial Disclosure Statement by Total Merchant Services, LLC (Segars, Thomas) |
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| 13 | 13
notice
Notice of Appearance
Thu 06/10 7:33 PM
Notice of Appearance filed by Thomas Hamilton Segars on behalf of Total Merchant Services, LLC. (Segars, Thomas) |
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| 12 | 12
service
Summons Issued
Thu 06/10 10:31 AM
Third-Party Summonses Issued as to Marc Gardner, David Greenberg, Kirk Haggarty, North American Bancard Holdings LLC, North American Bancard, LLC, Total Merchant Services, Inc. *NOTICE: Counsel shall print the attached summonses and serve with other case documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.) |
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| 11 | 11
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discov
Order for Discovery Plan
Thu 06/10 10:17 AM
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 6/10/2021. (Copy of order sent to Thomas H. Segars of Ellis & Winters LLP at P. O. Box 33550, Raleigh, NC 27636 via US Mail.) (Waddell, K.) |
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| Wednesday, June 09, 2021 | ||
| 10 | 10
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answer
Answer to Complaint (Notice of Removal) Third Party Complaint Counterclaim
Wed 06/09 11:49 PM
ANSWER to Complaint , First THIRD PARTY COMPLAINT against North American Bancard, LLC, David Greenberg, Total Merchant Services, Inc., Kirk Haggarty, North American Bancard Holdings LLC, Marc Gardner, First COUNTERCLAIM against Total Merchant Services, LLC by TMS NC Inc.. (Hatcher, Nichole) |
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Att: 1
Proposed Summons North American Bancard, LLC Summons,
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Att: 2
Proposed Summons North American Bancard Holdings, LLC Summons,
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Att: 3
Proposed Summons TMS Inc. Summons,
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Att: 4
Proposed Summons Gardner Summons,
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Att: 5
Proposed Summons Haggarty Summons,
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Att: 6
Proposed Summons Greenberg Summons
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| 9 | 9
answer
Answer to Complaint (Notice of Removal)
Wed 06/09 11:40 PM
ANSWER to Complaint by Christopher Collins. (Hatcher, Nichole) |
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| Tuesday, June 08, 2021 | ||
| 8 | 8
misc
Financial Disclosure Statement
Tue 06/08 4:57 PM
Financial Disclosure Statement by TMS NC Inc. (Hatcher, Nichole) |
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| 7 | 7
misc
Financial Disclosure Statement
Tue 06/08 4:57 PM
Financial Disclosure Statement by Christopher Collins (Hatcher, Nichole) |
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| 6 | 6
notice
Notice of Appearance
Tue 06/08 4:54 PM
Notice of Appearance filed by Nichole M. Hatcher on behalf of Christopher Collins, TMS NC Inc.. (Hatcher, Nichole) |
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| 5 | 5
notice
Notice-other
Tue 06/08 4:54 PM
Notice filed by Christopher Collins, TMS NC Inc. regarding Notice of Deficiency, . (Hatcher, Nichole) |
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| 4 | 4
notice
Notice-other
Tue 06/08 4:52 PM
Notice filed by Christopher Collins, TMS NC Inc. regarding Notice to Counsel, Notice of Deficiency - Filing is not text searchable Searchable Notice of Removal with Cert of Service . (Hatcher, Nichole) |
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| 3 | 3
notice
Notice-other
Tue 06/08 4:49 PM
Notice filed by Christopher Collins, TMS NC Inc. JS-44 Cover Sheet . (Hatcher, Nichole) |
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| Thursday, June 03, 2021 | ||
| 2 | 2
notice
Notice-other
Thu 06/03 8:48 AM
Notice regarding1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' Counsel, Thomas H. Segars of Ellis & Winters LLP at P. O. Box 33550, Raleigh, NC 27636 mailed via US Mail on June 3, 2021. (Rudd, D.) |
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notice
Notice of Deficiency - Filing is not text searchable
Thu 06/03 8:15 AM
NOTICE OF DEFICIENCY regarding1 Notice of Removal. Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. (Rudd, D.) |
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notice
Notice to Counsel
Thu 06/03 8:17 AM
Notice to Counsel regarding:1 Notice of Removal. Fed. R. Civ.P. 5(d)(1)(B) requires a certificate of service. Plaintiff is directed to file a captioned document titled Certificate of Service that specifies the date and manner of service. (Rudd, D.) |
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notice
Notice of Deficiency
Thu 06/03 8:18 AM
NOTICE OF DEFICIENCY regarding1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
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notice
Notice of Deficiency
Thu 06/03 8:20 AM
NOTICE OF DEFICIENCY regarding1 Notice of Removal Notice of Deficiency regarding1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
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notice
Notice to Counsel
Thu 06/03 8:21 AM
Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
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notice
Notice of Deficiency Failure to File Financial Disclosure
Thu 06/03 8:23 AM
NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Christopher Collins, TMS NC Inc. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
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utility
Case Selected for Mediation
Thu 06/03 9:56 AM
Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) |
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| Wednesday, June 02, 2021 | ||
| 1 | 1
notice
Notice of Removal
Wed 06/02 6:28 PM
NOTICE OF REMOVAL by All Defendants from Superior Court of Wake County, case number 21-CVS-5801. ( Filing fee $ 402 receipt number 0417-6072467), filed by All Defendants. (Hatcher, Nichole) |
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Att: 1
63 pgs
State Court Summons and Complaint
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