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12-089 - Corona v. First National Bank of Omaha, et al


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12-089 - Corona v. First National Bank of Omaha, et al
October 4, 2012
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MEMORANDUM AND ORDER - IT IS ORDERED: Defendant Transcendent's Motion to Dismiss for failure to state a claim, (Filing No. 9) is denied. Defendant FNBO's Motion to Dismiss for failure to state a claim (Filing No. 12) is denied. Defendant Transcendent's Motion to Strike Exhibit 2 of Plaintiff's Index of Evidence (Filing No. 26) is denied as moot. Defendant FNBO's Motion to Strike Index (Filing No. 30) is denied as moot. Defendants' Joint Motion for Oral Argument (Filing No. 32) is denied. Ordered by Judge Joseph F. Bataillon. (TCL )
March 27, 2013
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ORDER OF DISMISSAL - This matter comes before the Court on the Notice of Stipulated Dismissal of Defendant Transcendent One, Inc. that was filed by the parties on March 26, 2013 (Filing No. 64). The Court, being duly advised in the premises, finds that Transcendent One, Inc. should be and hereby is dismissed from this action without prejudice. Ordered by Judge Joseph F. Bataillon. (TCL )
April 2, 2013
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ORDER - Pursuant to the parties' Stipulation (filing 66), the following deadlines are hereby established in this case: Defendants First National Bank of Omaha ("FNBO") and United Bank Card, Inc. ("UBC") shall answer or otherwise respond to the Amended Complaint by April 19, 2013. UBC shall provide Rule 26 Disclosures by May 3, 2013. The parties shall serve written discovery regarding UBC by May 3, 2013. Depositions shall be completed by June 30, 2013. Summary judgment motions shall be filed by August 2, 2013. The parties shall identify expert witnesses by June 3, 2013. IT IS SO ORDERED. Ordered by Magistrate Judge F.A. Gossett. (TCL )
May 28, 2013
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STIPULATED PROTECTIVE ORDER - Upon the stipulation of the parties (filing 79), and the Court's acceptance of the same, IT IS ORDERED that a Protective Order is granted. Ordered by Magistrate Judge F.A. Gossett. (TCL )
June 6, 2014
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MEMORANDUM AND ORDER that Plaintiff Amador Corona's motion for summary judgment (Filing No. 101) is denied. Defendant First National's motion for summary judgment (Filing No. 105) is granted. The plaintiff's individual claims against defendant First National are dismissed with prejudice, each party to pay its own costs. Defendant UBC's motion for summary judgment (Filing No. 107) is denied. Defendant First National's motion in limine (Filing No. 97) is denied as moot. Defendant UBC's motion in limine (Filing No. 94) is denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (ADB)
June 25, 2014
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FINAL ORDER DISMISSING PLAINTIFF'S INDIVIDUAL CLAIMS AGAINST FIRST NATIONAL BANK OF OMAHA granting 134 Stipulation. Ordered by Judge Joseph F. Bataillon. (ADB)
August 18, 2014
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ORDER OF RECUSAL AND REQUEST FOR REASSIGNMENT: Upon review of the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Judge Joseph F. Bataillon. (ADB)
November 5, 2014
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ORDER granting 147 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Noah M. Priluck's appearance as counsel for United and shall terminate future notices to Mr. Priluck in this action. Ordered by Magistrate Judge F.A. Gossett. (JSF)
January 21, 2015
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ORDER that Defendant's Motion for Leave to File Amended Answer 150 is granted. Defendant shall file its amended answer by January 23, 2015.Ordered by Magistrate Judge F.A. Gossett. (MLF, )
January 22, 2015
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PROGRESSION ORDER, setting deadlines for completion of class discovery and discovery motions. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
February 25, 2015
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MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff Amador L. Corona's Statement of Objections to Magistrate Judge's Order (Filing No. 174) is denied. Harbortouch Payments, LLC's (formerly United Bank Card, Inc. d/b/a Harbortouch) Motion to Strike Plaintiff's Supplemental Evidence Index,Affidavit, and Brief in Opposition to Defendant's Motion to Amend its Answer (Filing No. 175) is denied as moot. Plaintiff's Motion for Leave to File Supplements to His Prior Submissions in Opposition to Defendant United Bank Card, Inc.'s Motion to Amend (Filing No. 180) is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (TCL )
April 28, 2015
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AMENDED PROGRESSION ORDER, granting 184 Joint Motion for Extension of Deadlines Relating to Class Certification. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 24, 2015
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FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Chief United States District Judge Laurie Smith Camp that: Plaintiff's Motion for Preliminary Approval of Class Action Settlement and for Conditional Certification of Settlement Class (filing 190) be granted. The Proposed Order Granting Preliminary Approval of Proposed Settlement, Directing Notice to Class, and Setting Fairness Hearing (filing [192-3]) be approved, and that Joel Ewusiak, Gary Pearson, Christopher Roberts, and Scott Schutzman be appointed as class counsel. The Court schedule a final hearing to determine whether the proposed settlement is fair, reasonable, and adequate. A party may object to a magistrate judge's order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (TCL )
August 26, 2015
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ORDER Granting Preliminary Approval Proposed Settlement. The Findings and Recommendation (Filing No. 194) issued by Magistrate Judge F.A. Gossett are adopted in their entirety. The Motion for Preliminary Approval of Class Action Settlement and for Conditional Certification of Settlement Class (Filing No. 190 is granted. Pursuant to Fed. R. Civ. P. 23(b)(3), the Lawsuit is hereby preliminarily certified as a class action, for settlement purposes only. The Court approves the proposed Notice in the form attached to the Plaintiffs Motion to Certify Class as Exhibit 2 (Filing No. 192-2). The Court approves the proposed Claim Form substantially in the form attached to the Plaintiffs Motion to Certify Class as Exhibit 4 (Filing No. 192-4). In accordance with the Agreement, within 75 days after receiving notice of the entry of this Order, Settlement Administrator will distribute the Notice by U.S. mail directed to all Settlement Class Members at their most recent addresses on Defendants billing records. Within 120 days after receiving notice of the entry of this Order, Settlement Administrator will provide supplemental notice to Former Merchants by publishing a Summary Notice in The Wall Street Journal and Small Business Opportunities. Any Settlement Class Members who intend to object to the fairness of this settlement must file a written objection with the Court, at the office of the Clerk of the United States District Court for the District of Nebraska, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Suite 1152, Omaha, Nebraska 68102, and provide a copy of the written objection to Class Counsel and Counsel for Harbortouch. In compliance with the Class Action Fairness Act of 2005, codified as 28 U.S.C. § 1715, Harbortouch shall serve written notice of the proposed class settlement on the United States Attorney General and the Attorneys General of the states in which Settlement Class Members reside within 10 days after Plaintiffs Motion for Preliminary Approval of Class Action Settlement and for Conditional Certification of Settlement Class was filed. The Court shall conduct a hearing (hereinafter referred to as the Fairness Hearing) on February 1, 2016 commencing at 3:00 p.m. at the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, 68102, Courtroom 2. Ordered by Chief Judge Laurie Smith Camp. (MLF, )
February 1, 2016
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FINAL JUDGMENT AND ORDER OF DISMISSAL - Plaintiffs' Motion for Final Approval of Class Action Settlement and for Final Certification of Settlement Class 199, is granted. The Court hereby dismisses this Lawsuit with prejudice in all respects, without fees or costs, except as provided in the Agreement. Plaintiffs' Motion for Attorney Fees and Costs and Incentive Award 202 is granted. Ordered by Chief Judge Laurie Smith Camp. (KLF)