Patti's Pitas, LLC et al v. Wells Fargo Merchant Services, LLC
| New York Eastern District Court | |
| Judge: | James M Wicks |
| Referred: | Gary R Brown |
| Case #: | 1:17-cv-04583 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Aug 04, 2017 |
| Terminated: | Jul 22, 2021 |
| Last checked: Wednesday Jan 31, 2018 4:01 AM EST |
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Defendant
Wells Fargo Merchant Services, LLC
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Represented By
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Plaintiff
Patti's Pitas, LLC
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Represented By
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Plaintiff
Queen City Tours
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Represented By
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Plaintiff
Ideal Sales, Inc.
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Represented By
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Plaintiff
Indian Tree Chiropractic, P.C.
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Represented By
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Plaintiff
Lytle Cafe
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Represented By
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Plaintiff
Mark A. Babbitt, DDS, Inc.
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Represented By
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| Docket last updated: 04/22/2024 11:59 PM EDT |
| Thursday, December 22, 2022 | ||
| 77 | 77
1
pgs
order
Order on Motion for Disbursement of Funds
Thu 12/22 11:57 AM
ORDER granting76 Motion for Disbursement of Funds. The stale date on the fourth distribution checks has expired and, pursuant to the Court's October 11, 2022 order (DE 75), the parties seek to distribute the remaining residual settlement funds ($83,404.79) cy pres since distribution of the remaining funds would be impactable given the administrative costs of another distribution. Specifically, the parties jointly seek to distribute the remaining $83,404.79 in equal (50%) shares to two organizations that serve to (1) Community Reinvestment Fund, USA (CRF), and (2) SCORE Foundation. This was breach of contract case by small business alleging defendant was assessing charges for merchant payment processing services not contemplated in the contract. ( See DE 1.) The parties state that they "believe that these two organizations are deserving and well-suited to receive cy pres funds in this case, given their respective work in providing support to small business and given the nature of this case and the settlement class." (DE 76 at 2.) Accordingly, the parties' joint motion for disbursement of the remaining residual settlement funds to cy pres is hereby granted. Chen v. XpresSpa at Terminal 4 JFK LLC , No. 15 CV 1347 (CLP), 2021 WL 4487835, at *6 (E.D.N.Y. Oct. 1, 2021) ("[A] proposed cy pres designation is appropriate if its interests 'reasonably approximate the interests of the class.'" (citation omitted)); see also Godson v. Eltman, Eltman, & Cooper, P.C. , 328 F.R.D. 35, 59 (W.D.N.Y. 2018) ("Courts routinely approve cy pres designations where the purpose of the organization is related to the purpose of the lawsuit." (citation omitted)). So Ordered by Magistrate Judge James M. Wicks on 12/22/2022. (MSH) |
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| Tuesday, December 20, 2022 | ||
| 76 | 76
motion
Disbursement of Funds
Tue 12/20 12:50 PM
Joint MOTION for Disbursement of Funds to Cy Pres by Ideal Sales, Inc., Indian Tree Chiropractic, P.C., Lytle Cafe, Mark A. Babbitt, DDS, Inc., Patti's Pitas, LLC, Queen City Tours. (Webb, E.) |
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Att: 1
Proposed Order
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