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Electronic Merchant Systems LLC v. Montgomery et al

Docket 1:20-cv-01898, Ohio Northern District Court (Aug. 25, 2020)
Judge Dan Aaron Polster, presiding
Contract - Other
DivisionCleveland
FlagsBaughman, Cat04
Demand$9,970,000
Cause28:1330 Breach of Contract
Case Type190 Contract - Other
Tags190 Contract, Contract, Civil, Other, 190 Contract, Contract, Civil, Other
Plaintiff Electronic Merchant Systems LLC
Defendant Nikoletta Montgomery
Defendant Peter Gaal
...
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No. 71 Opinion and Order For the reasons stated in the Order, the Defendant's motion to dismiss for ...

Document Electronic Merchant Systems LLC v. Montgomery et al, 1:20-cv-01898, No. 71 (N.D.Ohio Jan. 8, 2024)
Motion to Dismiss for Lack of Personal JurisdictionDenied
On February 3, 2023, the Court held a status conference and encouraged the parties to pursue a global settlement that would encompass the related Florida bankruptcy case and pending adversary proceeding.
On February 14, 2023, the Court approved the parties’ litigation plan, which included a discovery deadline of August 31, 2023, “on the issues of novation, jurisdiction, and the chargeback amounts.” ECF Doc. 53; Minutes of Proceedings 02/03/2023.
Theunissen, 935 F.2d at 1458 (“Where the court relies solely on the parties’ affidavits to reach its decision, the plaintiff must make only a prima facie showing that personal jurisdiction exists in order to defeat dismissal.”).
The Plaintiff opposes the Defendant’s motion to dismiss and asserts that the Court has jurisdiction over Mr. Gaal because: (1) Francis David Corporation properly converted to EMS and retained all rights, privileges, powers, authorities, and obligations under the 2014 merchant agreement; (2) Mr. Gaal signed the 2014 merchant agreement that contained the forum selection clause; and (3) the Defendant does not assert that the forum selection clause is the product of “fraud or overreaching” or that it is “unreasonable and unjust.” ECF Doc. 47, PageID ##343-46.
An equally important aspect of the 2014 agreement was the forum selection clause, which meant that EMS could enforce the personal guaranty against Mr. Gaal without leaving its home base in Cleveland.
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No. 49 Opinion and Order granting Defendant's Motion to dismiss (Related Doc # 43 )

Document Electronic Merchant Systems LLC v. Montgomery et al, 1:20-cv-01898, No. 49 (N.D.Ohio Jun. 16, 2022)
Motion to Dismiss (Demurrer)Granted
EMS submitted this affidavit, in part, to provide facts about Procom’s chargeback debt, but none of this information is alleged in the first amended complaint.
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