ACI Payments v. Conservice

1:21-cv-00084 | Utah District Court

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Division Northern
Judge Judge Robert J. Shelby
Filed June 4, 2021
Case Flags (b)(1)(A) and MAG
Magistrate Magistrate Judge Cecilia M. Romero
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Breach of Contract
Demand $5,000,000
Jury Demand None
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Filing Date # Docket Text
7/29/2022Order Dismissing Case
7/28/2022Extension of Time
7/15/2022Order on Motion for Extension of Time to Answer
7/15/2022Extension of Time to File Answer
7/5/2022Order
7/1/2022Order on Motion for Extension of Time
7/1/2022Extension of Time
6/17/2022Order to Show Cause
6/13/2022 MEMORANDUM DECISION AND ORDER granting 35 Motion for Leave to File First Amended Complaint. Within seven (7) days of this Order, ACI may file the Proposed First Amended Complaint attached to its Motion to Amend. Signed by Judge Robert J. Shelby on 6/13/2022. (jwt)
4/29/2022Order on Motion for Extension of Time to File Response/Reply
4/29/2022Extension of Time to File Response/Reply
4/1/2022Leave to File Document
3/4/2022Order
3/3/2022MEMORANDUM DECISION AND ORDER granting in part and denying in part 20 Motion to Dismiss. Signed by Judge Robert J. Shelby on 3/3/22. (dla)
10/22/202127 AMENDED NOTICE OF ZOOM HEARING ON MOTION re: 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by Mary Jane McNamee)ZOOM Motion Hearing RESET for 2/15/2022 at 01:00 PM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. (mjm) (Entered: 10/22/2021)
10/14/202126 NOTICE OF ZOOM HEARING ON MOTION re: 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 12/10/2021 at 01:00 PM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. (mjm) (Entered: 10/14/2021)
8/30/2021 REPLY to Response to Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Motion to Dismiss Plaintiff's Original Complaint filed by Defendant Conservice. (Brown, Kendra) (Entered: 08/30/2021)
8/19/202124DOCKET TEXT ORDER granting 13 Motion for Extension of Time to Answer. Answer deadline updated for All Defendants to reflect stipulated deadline of 07/19/2021. Signed by Magistrate Judge Cecilia M. Romero on 08/19/2021. No attached document. (cvm) (Entered: 08/19/2021)
8/19/2021Order on Motion for Extension of Time to Answer
8/16/2021 MEMORANDUM in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff ACI Payments. (Attachments: # 1 Exhibit 1 - Duke Energy Billing & Payment, # 2 Exhibit 2 - ACI Terms & Conditions, # 3 Exhibit 3 - Conservice Terms of Use, # 4 Exhibit 4 - October 2017 Letter, # 5 Exhibit 5 - June 2018 Letter, # 6 Exhibit 6 - January 2020 Letter, # 7 Exhibit 7 - December 2020 Letter, # 8 Exhibit 8 - August 2018 Emails)(Brown, Kamie) (Entered: 08/16/2021)
8/10/202122DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge Robert J. Shelby on 8/10/21. (dla) (Entered: 08/10/2021)
8/10/2021Order Referring Case to Magistrate Judge
7/21/2021CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Conservice identifying TA Associates and Advent International as Corporate Parent. (Brown, Kendra) (Entered: 07/21/2021)
7/19/2021 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Conservice. (Attachments: # 1 Exhibit A - Terms and Conditions, # 2 Exhibit B - Billing Agreement, # 3 Exhibit C - Power of Attorney)(Brown, Kendra) (Entered: 07/19/2021)
7/14/2021ORDER granting 16 Motion for Admission Pro Hac Vice of Attorney I. Neel Chatterjee for Conservice.

Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.

Signed by Judge Robert J. Shelby on 7/13/21. (dla) (Entered: 07/14/2021)
7/14/2021ORDER granting 15 Motion for Admission Pro Hac Vice of Attorney Theresa Ann Sutton for Conservice.

Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.

Signed by Judge Robert J. Shelby on 7/13/21. (dla) (Entered: 07/14/2021)
7/14/2021ORDER granting 14 Motion for Admission Pro Hac Vice of Attorney Adam Slutsky for Conservice.

Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.

Signed by Judge Robert J. Shelby on 7/13/21. (dla) (Entered: 07/14/2021)
7/13/2021 MOTION for Admission Pro Hac Vice of Neel Chatterjee , Registration fee $ 250, receipt number AUTDC-4056479,

Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

filed by Defendant Conservice. (Attachments: # 1 Exhibit A - PHV Application of Neel Chatterjee, # 2 Text of Proposed Order)(Brown, Kendra) (Entered: 07/13/2021)
7/13/2021 MOTION for Admission Pro Hac Vice of Theresa Ann Sutton , Registration fee $ 250, receipt number AUTDC-4056499,

Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

filed by Defendant Conservice. (Attachments: # 1 Exhibit A - PHV Application of Theresa Ann Sutton, # 2 Text of Proposed Order)(Brown, Kendra) (Entered: 07/13/2021)
7/13/2021 MOTION for Admission Pro Hac Vice of Adam Slutsky , Registration fee $ 250, receipt number AUTDC-4056486,

Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

filed by Defendant Conservice. (Attachments: # 1 Exhibit A - PHV Application of Adam Slutsky, # 2 Text of Proposed Order)(Brown, Kendra) (Entered: 07/13/2021)
6/25/2021NOTICE of Appearance by Kendra M. Brown on behalf of Conservice (Brown, Kendra) (Entered: 06/25/2021)
6/25/2021NOTICE of Appearance by Keith A. Call on behalf of Conservice (Call, Keith) (Entered: 06/25/2021)
6/25/2021Stipulated MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendant Conservice. (Attachments: # 1 Text of Proposed Order)(Brown, Kendra) (Entered: 06/25/2021)
6/10/2021CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff ACI Payments identifying ACI Worldwide Corp. as Corporate Parent. (Brown, Kamie) (Entered: 06/10/2021)
6/8/2021**RESTRICTED DOCUMENT** SUMMONS Returned Executed by ACI Payments as to Conservice served on 6/7/2021, answer due 6/28/2021. (Brown, Kamie) (Entered: 06/08/2021)
6/8/2021ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Sara J. Sherman for ACI Payments.

Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.

Signed by Judge Robert J. Shelby on 6/8/21. (dla) (Entered: 06/08/2021)
6/8/2021ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Millard A. Johnson for ACI Payments.

Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice.

Signed by Judge Robert J. Shelby on 6/8/21. (dla) (Entered: 06/08/2021)
6/8/2021 MOTION for Admission Pro Hac Vice of Sara J. Sherman , Registration fee $ 250, receipt number AUTDC-4026560,

Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

filed by Plaintiff ACI Payments. (Attachments: # 1 Exhibit A - Application, # 2 Text of Proposed Order - Exhibit B)(Brown, Kamie) (Entered: 06/08/2021)
6/8/2021 MOTION for Admission Pro Hac Vice of Millard A. Johnson , Registration fee $ 250, receipt number AUTDC-4026553,

Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.
Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.

filed by Plaintiff ACI Payments. (Attachments: # 1 Exhibit A - Application, # 2 Text of Proposed Order - Exhibit B)(Brown, Kamie) (Entered: 06/08/2021)
6/4/2021NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Millard A. Johnson and Sara J. Sherman, for Plaintiff ACI Payments. (mh) (Entered: 06/04/2021)
6/4/2021**RESTRICTED DOCUMENT**Summons Issued Electronically as to Conservice.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (nmt) (Entered: 06/04/2021)
6/4/2021COMPLAINT and Application for Permanent Injunction against Conservice (Filing fee $ 402, receipt number AUTDC-4023777) filed by ACI Payments. (Attachments: # 1 Civil Cover Sheet - Exhibit A) Assigned to Judge Robert J. Shelby (Brown, Kamie) (Entered: 06/04/2021)
6/4/2021Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff ACI Payments is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.
NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system.
Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) (Entered: 06/04/2021)