This case was last updated from PACER on 12/05/2019 at 05:17:47 (UTC).

La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al

Case Summary

On 12/04/2019 a Contract - Other Contract case was filed by La Mojarra Loca, Inc against Wells Fargo Merchant Services LLC in the jurisdiction of U.S. District Courts, New York Eastern District.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-06798

  • Filing Date:

    12/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Presiding Judge

Sandra J. Feuerstein

Referral Judge

Steven I. Locke

 

Party Details

Plaintiff

La Mojarra Loca, Inc.

Defendants

Wells Fargo Bank N.A.

Wells Fargo & Co

First Data Merchant Services Corporation

Wells Fargo Merchant Services, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Daniel W Anderson

Attorney at Mills & Anderson

703 S. 8Th Street

Las Vegas, NV 89101

Defendant Attorneys

Christopher D Kircher

Attorney at Semenza Kircher Rickard

10161 Park Run Dr., Ste. 150

Las Vegas, NV 89145

Lawrence J Semenza, III

Attorney at Semenza Kircher Rickard

10161 Park Run Drive, Suite 150

Las Vegas, NV 89145

Katie Lynn Cannata

Attorney at Semenza Kircher Rickard

10161 Park Run Drive, Suite 150

Las Vegas, NV 89145

Jarrod L. Rickard

Attorney at Semenza Kircher Rickard

10161 Park Run Drive, Suite 150

Las Vegas, NV 89145

 

Court Documents

1 #1

Exhibit 1

#1

(#1) PETITION FOR REMOVAL from Eighth Judicial District Court for Clark County, Nevada, Case Number A-19-790984-C, (Filing fee $ 400 receipt number 0978-5523745) by Wells Fargo Merchant Services LLC, First Data Merchant Services Corporation now known as First Data Merchant Services LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Semenza, Lawrence) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 12/4/2019.] (Entered: 04/29/2019)

1 #2

Civil Cover Sheet

#2

(#2) MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/29/2019. Statement regarding removed action is due by 5/14/2019. Joint Status Report regarding removed action is due by 5/29/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from Nevada on 12/4/2019.] (Entered: 04/29/2019)

#3

(#10) ORDER Granting #7 Stipulation for Extension of Time re #3 Motion to Dismiss (First Request). Responses due by 6/13/2019. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 06/12/2019)

3 #1

Index of Exhibits

3 #5

Exhibit D

3 #4

Exhibit C

3 #3

Exhibit B

#18

(#18) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) (Entered: 12/04/2019)

#17

(#17) Case transferred in from District of Nevada; Case Number 2:19-cv-00725. Original file certified copy of transfer order and docket sheet received. (Entered: 12/04/2019)

17 #1

*Restricted*

#16

(#16) ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #3 defendants' motion to dismiss or alternatively transfer venue be, and the same hereby is, GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the matter of La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al., case number 2:19-cv-00725-JCM-DJA, be, and the same hereby is, TRANSFERRED to the United States District Court for the Eastern District of New York. Signed by Judge James C. Mahan on 12/3/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 12/03/2019)

#14

(#14) REPLY to Response to #3 Motion to Dismiss, by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 06/27/2019)

#12

(#12) STIPULATION TO CONTINUE (First Request) Deadline for Defendants' Reply in Support of Motion to Dismiss or Alternatively Transfer Venue by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 06/18/2019)

#13

(#13) ORDER Granting #12 Stipulation to Continue re #3 Motion to Dismiss or Alternatively Transfer Venue (First Request). Replies due by 6/27/2019. Signed by Judge James C. Mahan on 6/19/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 06/19/2019)

#11

(#11) RESPONSE to #3 Motion to Dismiss, by Plaintiff La Mojarra Loca, Inc.. Replies due by 6/20/2019. (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] (Entered: 06/13/2019)

#10

(#10) ORDER Granting #7 Stipulation for Extension of Time re #3 Motion to Dismiss (First Request). Responses due by 6/13/2019. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 06/12/2019)

15 More Documents Available

 

Docket Entries

  • 12/04/2019
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  • (#18) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) (Entered: 12/04/2019)

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  • 12/04/2019
  • The case of La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al, has been transferred from United States District Court, District of Nevada to the Eastern District of New York. The new case number is 19-cv-6798-SJF-SIL. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cox, Dwayne) (Entered: 12/04/2019)

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  • 12/04/2019
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  • (#17) Case transferred in from District of Nevada; Case Number 2:19-cv-00725. Original file certified copy of transfer order and docket sheet received. (Entered: 12/04/2019)

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  • 12/03/2019
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  • (#16) ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #3 defendants' motion to dismiss or alternatively transfer venue be, and the same hereby is, GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the matter of La Mojarra Loca, Inc. v. Wells Fargo Merchant Services LLC et al., case number 2:19-cv-00725-JCM-DJA, be, and the same hereby is, TRANSFERRED to the United States District Court for the Eastern District of New York. Signed by Judge James C. Mahan on 12/3/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 12/03/2019)

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  • 08/07/2019
  • (#15) CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge Carl W. Hoffman, this case is reassigned to U.S. Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:19-cv-00725-JCM-DJA. (no image attached) (ADR) [Transferred from Nevada on 12/4/2019.] (Entered: 08/07/2019)

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  • 06/27/2019
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  • (#14) REPLY to Response to #3 Motion to Dismiss, by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 06/27/2019)

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  • 06/19/2019
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  • (#13) ORDER Granting #12 Stipulation to Continue re #3 Motion to Dismiss or Alternatively Transfer Venue (First Request). Replies due by 6/27/2019. Signed by Judge James C. Mahan on 6/19/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 06/19/2019)

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  • 06/18/2019
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  • (#12) STIPULATION TO CONTINUE (First Request) Deadline for Defendants' Reply in Support of Motion to Dismiss or Alternatively Transfer Venue by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 06/18/2019)

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  • 06/13/2019
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  • (#11) RESPONSE to #3 Motion to Dismiss, by Plaintiff La Mojarra Loca, Inc.. Replies due by 6/20/2019. (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] (Entered: 06/13/2019)

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  • 06/12/2019
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  • (#10) ORDER Granting #7 Stipulation for Extension of Time re #3 Motion to Dismiss (First Request). Responses due by 6/13/2019. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 12/4/2019.] (Entered: 06/12/2019)

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  • 06/10/2019
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  • (#9) NOTICE of Corrected Image/Document re #7 Stipulation by Plaintiff La Mojarra Loca, Inc.. (Service of corrected image is attached.) (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] (Entered: 06/10/2019)

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  • 06/10/2019
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  • (#8) MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 6/10/2019 Re: #7 Stipulation. ERROR: Document not filed pursuant to LR IA 6-2 and LR IC 2-2(d) by attorney. Attorney Daniel Anderson is to properly format document #7 with the correct Article 3 Judge listed within the signature box pursuant to the local rules. File the corrected stipulation using the Notice of Corrected Image/Document event and link to document #7 . (no image attached) (Copies have been distributed pursuant to the NEF - NEV) [Transferred from Nevada on 12/4/2019.] (Entered: 06/10/2019)

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  • 06/07/2019
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  • (#7) VIEW #9 corrected image to STIPULATION FOR EXTENSION OF TIME (First Request) re #3 Motion to Dismiss, by Plaintiff La Mojarra Loca, Inc.. (Anderson, Daniel) [Transferred from Nevada on 12/4/2019.] (Entered: 06/07/2019)

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  • 05/14/2019
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  • (#6) STATEMENT REGARDING REMOVAL by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 05/14/2019)

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  • 05/09/2019
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  • (#5) NOTICE OF DEFENDANTS' CORPORATE DISCLOSURE STATEMENT by First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC re #4 Certificate of Interested Parties,. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 05/09/2019)

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  • 05/09/2019
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  • (#4) CERTIFICATE of Interested Parties by First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent First Data Corporation for Wells Fargo Merchant Services LLC; Other Affiliate Wells Fargo Holdings, LLC for Wells Fargo Bank, N.A. added. (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 05/09/2019)

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  • 05/06/2019
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  • (#3) MOTION to Dismiss or Alternatively Transfer Venue by Defendants First Data Merchant Services Corporation, Wells Fargo & Co., Wells Fargo Bank, N.A., Wells Fargo Merchant Services LLC. Responses due by 5/20/2019. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Rickard, Jarrod) [Transferred from Nevada on 12/4/2019.] (Entered: 05/06/2019)

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  • 04/29/2019
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  • (#2) MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/29/2019. Statement regarding removed action is due by 5/14/2019. Joint Status Report regarding removed action is due by 5/29/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from Nevada on 12/4/2019.] (Entered: 04/29/2019)

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  • 04/29/2019
  • Case randomly assigned to Judge James C. Mahan and Magistrate Judge Carl W. Hoffman. (JM) [Transferred from Nevada on 12/4/2019.] (Entered: 04/29/2019)

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  • 04/29/2019
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  • (#1) PETITION FOR REMOVAL from Eighth Judicial District Court for Clark County, Nevada, Case Number A-19-790984-C, (Filing fee $ 400 receipt number 0978-5523745) by Wells Fargo Merchant Services LLC, First Data Merchant Services Corporation now known as First Data Merchant Services LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Semenza, Lawrence) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 12/4/2019.] (Entered: 04/29/2019)

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