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Anastasio v. Total Gas & Power North Americ

Docket 17-1199, U.S. Court of Appeals, Second Circuit (Apr. 24, 2017)
Securities, Commodities, Exchange (Appeals)
Case Type3850 Securities, Commodities, Exchange
Tags3850 Securities, Commodities, Exchange, 3850 Securities, Commodities, Exchange
Plaintiff Michael Anastasio, On behalf of himself and all others similarly situated
Plaintiff - Appellant Alan Harry
Plaintiff - Appellant Levante Capital, LLC
...
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No. 9577 ORDER - As set forth in the attached, Dkt. No. [9576-1] is so ordered

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9577 (E.D.N.Y. Mar. 18, 2025)
WHEREAS at various times since 2012, the Court has determined that certain solicitations of class members regarding third-party claims filing services have been misleading; WHEREAS the Court has expressed concern about additional instances of class member confusion; WHEREAS since 2018, third-party entities have been required to include certain disclaimers on all solicitations; and WHEREAS the claims-filing period ended on February 4, 2025.
IT IS HEREBY ORDERED AND DECREED as follows: All third-party claims filing companies shall remove the ability for new class members to sign up for claims-filing.
A statement that the deadline to file claims has elapsed;
Solicitations that do not contain the required information (as set forth above), may be deemed misleading and following notice and an opportunity to cure, those entities may be enjoined permanently from taking any role in the settlement; and 4927-6656-1323.v1 Case 1:05-md-01720-MKB-JAM Document 9576-1 Filed 03/18/25 Page 3 of 3 PageIDCase 1:05-md-01720-MKB-JAM Document 9577 Filed 03/18/25 Page 3 of 3 PageID #: #: 547976547979
Class Counsel is ordered to alert all known third-party claims filing entities of the requirements within five days of entry of this Order.
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No. 9572 SUA SPONTE REPORT AND RECOMMENDATION regarding Dkt. No. 9566 - As set forth in the attached ...

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9572 (E.D.N.Y. Mar. 7, 2025)
To that end, Class Counsel attached a proposed Order to Show Cause directing JAM3STRO to (1) provide a written response to the Court explaining why it should not have all 2,184 purported proofs of authority that JAM3STRO had submitted to Epiq be withdrawn; and (2) pay any expenses incurred due to the fraudulent submissions.
Class Counsel stated that, in light of the above, as well as the fact that much of the documentation submitted by JAM3STRO “does not meet the clear requirements that Epiq has provided regarding proofs of authority[,]” including that contracts be executed, there is “a significant possibility that a fraud is being attempted.” Id. at 3.
The Court is authorized to “take curative action—such as requiring the distribution of corrective notices or entering injunctive relief—where misleading or false statements are made to class members.” Id.; see also Amerisource Corp. v. Rx USA Int’l Inc., No. 02-CV-2514 (JMA), 2010 WL 2730748, at *5 (E.D.N.Y. July 6, 2010), aff’d sub nom.
This power to mitigate bad faith and fraudulent conduct that impedes the adjudication of class action litigation and the claims administration process also emanates from a Court’s authority under Fed. R. Civ.
Case 1:05-md-01720-MKB-JAM Document 9572 Filed 03/07/25 Page 13 of 14 PageID #: 547965 Additionally, this Court notes that Class Counsel has not explicitly requested a referral to the Department of Justice for a civil or criminal investigation regarding the underlying alleged deceptive practices JAM3STRO.
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No. 9564 ORDER ADOPTING SUA SPONTE REPORT AND RECOMMENDATIONS: The Court has reviewed the unopposed ...

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9564 (E.D.N.Y. Feb. 21, 2025)
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No. 9549 SUA SPONTE REPORT AND RECOMMENDATION re 9544 - As set forth in the attached, it is sua sponte ...

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9549 (E.D.N.Y. Jan. 17, 2025)
Id. Nonetheless, Cardsettlement.org. committed to reviewing all prior submissions.
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No. 9493 ORDER TO SHOW CAUSE regarding cardsettlement.org and Merchant Stronghold

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9493 (E.D.N.Y. Dec. 7, 2024)
Beginning in early November, 2024, Rule 23(b)(3) Class Counsel (“Class Counsel”) became aware of an issue related to the entity cardsettlement.org.
On December 3, 2024, Class Counsel became aware of conduct by an affiliate partner of cardsettlement.org called Merchant Stronghold.
Upon review of the materials submitted by Class Counsel (ECF 9489), the Court hereby grants the Order to Show Cause as to cardsettlement.org and Merchant Stronghold.
Provide a written response to the Court explaining why cardsettlement.org should not cease and desist all new sign ups of merchants and be required to pay the expenses related to disentangling fraudulent submissions made to Epiq; and
Class Counsel are hereby directed to send a copy of this order to cardsettlement.org and Merchant Stronghold in the manner most likely to constitute timely and effective notice.
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No. 9476 ORDER granting 9470 - The joint stipulation is so ordered, per the attached

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9476 (E.D.N.Y. Oct. 26, 2024)
ECFs 9436, 9437; WHEREAS, on September 27, 2024, Class Counsel filed its Status Report Regarding Third- Party Entities and addressed the responses.
10/17/2024 Minute Entry; WHEREAS, Certainty Management, LenCred, and Class Counsel have engaged in conversations and exchanged emails regarding pending matters; WHEREAS, as a result of those meet-and-confer conversations the parties have agreed upon a communication to be sent to all class members who have signed up for claims-filing services who will not otherwise be reached by letters going out from Betz & Baril.
WHEREAS, in addition to the communication alerting class members that signed up with Certainty and LenCred that they may cancel their contract at any time, no questions asked, and file a claim on their own, the companies have made certain commitments regarding their future conduct in relation to this Action.
Within 15 days, Certainty Management and LenCred will send the communication, detailed above, to all class members with whom they have contracted with for claims-filing services.
Within 30 days of the entry of this Stipulation and Order, Certainty Management and LenCred will provide the Court with an update regarding the sending of the communication, responses received, and the number of contracts cancelled.
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No. 9475 ORDER TO SHOW CAUSE regarding third-party claims filing company Renaissance Business Advisory

Document In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720, No. 9475 (E.D.N.Y. Oct. 26, 2024)
Class Counsel alleges that Renaissance published allegedly false and/or misleading statements on a website and in a video related to the settlement administration and claims process in the current multidistrict litigation.
By November 1, 2024, Renaissance shall provide a written response to the Court (a) explaining all steps taken to remove false and/or misleading content from Renaissance’s websites; and (b) outlining any and all other marketing efforts Renaissance is taking in relation to the settlement, including all steps taken to ensure those communications do not contain false and/or misleading information.
The email message shall informs the merchant of their right to cancel the contract with Renaissance.
Class Counsel shall file a letter with the Court by November 4, 2024 indicating whether Class Counsel will seek to have Renaissance’s claim-filing contracts cancelled, at Renaissance’s expense, and seek an order barring the company from any role in the settlement.
Class Counsel shall serve this order on Renaissance by October 28, 2024 at 12:00 p.m. EST via email and any other manner most likely to constitute timely and effective notice.
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