PayServices Bank v. FEDERAL RESERVE BANK OF SAN FRANCISCO
| Idaho District Court | |
| Judge: | Raymond Edward Patricco, Jr |
| Case #: | 1:23-cv-00305 |
| Nature of Suit | 430 Other Statutes - Banks and Banking |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Jun 27, 2023 |
| Terminated: | Mar 30, 2024 |
| Case in other court: | USCA, 24-02355 |
| Last checked: Sunday Dec 24, 2023 1:38 AM MST |
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Defendant
Federal Reserve Bank of San Francisco
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Represented By
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Plaintiff
PayServices Bank
950 W Bannock St Suite 110
Boise, ID 83702 |
Represented By
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GPO
Mar 30 2024
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that FRBSF's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief (Dkt. 22) is GRANTED. FRBSF's Motion to Strike the Declaration of Lionel Danenberg (Dkt. 26) is GRANTED. FRBSF's Motion for Leave to File a Notice of Supplemental Authority (Dkt. 34) is GRANTED. PayServices' Complaint is dismissed with prejudice. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) |
| Docket last updated: 11 hours ago |
| Thursday, April 18, 2024 | ||
| 47 | 47
misc
Transcript Request
Thu 04/18 5:16 PM
TRANSCRIPT REQUEST by PayServices Bank for proceedings held on 01/25/2024 before Judge Raymond E. Patricco.. (Craig, Jade) |
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| Monday, April 15, 2024 | ||
| 46 | 46
1
pgs
appeal
USCA Scheduling Order
Mon 04/15 5:11 PM
USCA Scheduling Order (USCA No 24-2355 as to44 Notice of Appeal filed by PayServices Bank. (Notice sent by e-mail to Court Reporter) (ac) |
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| 45 | 45
appeal
USCA Case Number
Mon 04/15 5:09 PM
USCA Case Number 24-2355 for dkt.44 Notice of Appeal filed by PayServices Bank. (ac) |
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| Saturday, April 13, 2024 | ||
| 44 | 44
appeal
Notice of Appeal
Sat 04/13 7:11 AM
NOTICE OF APPEAL as to42 Order of Dismissal,,43 Judgment, by PayServices Bank. Filing Fee Due. $ 605, receipt number AIDDC-2737135. (Notice sent to Court Reporter & 9th Cir) (Craig, Jade) |
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| Saturday, March 30, 2024 | ||
| 43 | 43
1
pgs
order
Judgment
Sat 03/30 9:35 AM
JUDGMENT. In accordance with the Court's Memorandum Decision and Order entered concurrently herewith, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment be entered in favor of Defendant and that this case be DISMISSED with prejudice. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) |
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| 42 | 42
27
pgs
order
Order Dismissing Case
Sat 03/30 9:33 AM
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that FRBSF's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief (Dkt.22 ) is GRANTED. FRBSF's Motion to Strike the Declaration of Lionel Danenberg (Dkt.26 ) is GRANTED. FRBSF's Motion for Leave to File a Notice of Supplemental Authority (Dkt.34 ) is GRANTED. PayServices' Complaint is dismissed with prejudice. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) |
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| Tuesday, February 06, 2024 | ||
| 41 | 41
notice
Notice (Other)
Tue 02/06 1:25 PM
DOCKET TEXT NOTICE VACATING 2/8/2024 status conference before Judge Raymond E. Patricco. The court will re-schedule any future status conferences as necessary. (jh) |
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| Friday, January 26, 2024 | ||
| 40 | 40
misc
Transcript
Fri 01/26 3:05 PM
Notice of Filing of Official Transcript of Proceedings held on 01/25/2024 before Judge Raymond E. Patricco. Transcriber Tamara Weber, Email tammy@canyontranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 39 Motion Hearing. Redaction Request due 2/16/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/25/2024. (dmv) |
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| Thursday, January 25, 2024 | ||
| 39 | 39
minutes
Motion Hearing
Thu 01/25 11:56 AM
DOCKET TEXT Minute Entry for proceedings held before US Magistrate Judge Raymond Edward Patricco, Jr: Motion Hearing held on 1/25/2024 via Zoom. Appearances for Plaintiff: Asa Brown and Jade Craig. Appearances for Defendant: Robert Faucher, Meredith Karp, Jonathan Youngwood. Defendant Heather Mitchell present. Parties argued on the Motion's. re 22 Motion to Dismiss for Failure to State a Claim [Defendant Federal Reserve Bank of San Francisco's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] filed by Federal Reserve Bank of San Francisco, 26 MOTION to Strike 23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Motion to Strike the Declaration of Lionel Danenberg], Dkt. 23-1, filed by Federal Reserve Bank of San Francisco. Arguments on the Motion's taken under advisement, Order forthcoming. Time in Court 63 minutes. (ESR Stuart Kaylor.) Audio File Location Other. (swk) |
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| Friday, December 01, 2023 | ||
| 38 | 38
notice
Notice of Hearing on Motion
Fri 12/01 10:54 AM
DOCKET TEXT NOTICE of Hearing on Motion26 MOTION to Strike23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Motion to Strike the Declaration of Lionel Danenberg], Dkt. 23-1, ,22 Motion to Dismiss for Failure to State a Claim [Defendant Federal Reserve Bank of San Francisco's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] ,34 MOTION for Leave to File Notice of Supplemental Authority : Video Motion Hearing set for 1/25/2024 10:00 AM (Mountain Time) via Video Zoom before US Magistrate Judge Raymond Edward Patricco Jr. Counsel to receive Zoom link prior to hearing via separate notification. (jh) |
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| Thursday, November 09, 2023 | ||
| 37 | 37
5
pgs
order
Scheduling Order
Thu 11/09 2:00 PM
SCHEDULING ORDER - IT IS HEREBY ORDERED that the following deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by June 11, 2024, or 120 days after the resolution of FRBSF's Motion to Dismiss (whichever is later). Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before December 9, 2023. The parties have chosen to participate in a judicially supervised settlement conference. ADR must be held by January 15, 2024, or 30 days after the resolution of FRBSF's Motion to Dismiss (whichever is later). All fact discovery must be completed by May 9, 2024, or 105 days after the resolution of FRBSF's Motion to Dismiss (whichever is later). The Court will conduct a telephonic status conference with the parties on February 8, 2024 at 10:30 a.m. Mountain Time for the purpose of inquiring about the status of the case. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) |
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| Wednesday, November 08, 2023 | ||
| 36 | 36
notice
Notice of Hearing
Wed 11/08 4:14 PM
DOCKET TEXT NOTICE VACATING HEARING: The Telephonic Scheduling Conference set for 11/9/2023 is VACATED. (st) |
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| 35 | 35
5
pgs
respm
Response to Motion
Wed 11/08 12:24 PM
RESPONSE to Motion re34 MOTION for Leave to File Notice of Supplemental Authority filed by PayServices Bank. Replies due by 11/22/2023.(Craig, Jade) |
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| Thursday, November 02, 2023 | ||
| 34 | 34
4
pgs
motion
Leave to File Document
Thu 11/02 8:48 PM
MOTION for Leave to File Notice of Supplemental Authority Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 11/24/2023(Faucher, Robert) |
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Att: 1
Supplement Notice of Supplemental Authority,
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Att: 2
Exhibit Supplemental Authority
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| 33 | 33
6
pgs
misc
Litigation Plan/Scheduling Conf Form
Thu 11/02 7:18 PM
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by PayServices Bank. (Craig, Jade) |
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| 32 | 32
6
pgs
misc
Discovery Plan
Thu 11/02 7:17 PM
DISCOVERY PLAN by PayServices Bank and Federal Reserve Bank of San Francisco (jointly) . (Craig, Jade) |
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| Friday, October 13, 2023 | ||
| 31 | 31
notice
Notice of Hearing
Fri 10/13 2:55 PM
DOCKET TEXT AMENDED NOTICE of Hearing: Video Scheduling Conference reset for 11/9/2023 01:30 PM in Video Zoom before US Magistrate Judge Raymond Edward Patricco Jr. The date remains the same, only the time has changed. (jh) |
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| Monday, October 09, 2023 | ||
| 30 | 30
5
pgs
respm
Reply to Response to Motion
Mon 10/09 10:28 AM
REPLY to Response to Motion re26 MOTION to Strike23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Motion to Strike the Declaration of Lionel Danenberg], Dkt. 23-1, Defendant Federal Reserve Bank of San Francisco's Reply Brief in Support of Its Motion to Strike the Declaration of Lionel Danenberg filed by Federal Reserve Bank of San Francisco.Motion Ripe Deadline set for 10/10/2023.(Faucher, Robert) |
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| Wednesday, October 04, 2023 | ||
| 29 | 29
3
pgs
order
Litigation Order
Wed 10/04 5:20 PM
LITIGATION ORDER AND NOTICE OF VIDEO SCHEDULING CONFERENCE - IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a video scheduling conference on Thursday, November 9, 2023, 10:30 A.M. *Mountain time, for purpose of confirming the deadlines proposed by the parties in the JOINT Litigation Plan. On or before Thursday, November 2, 2023, the parties must file with the Court the JOINT Litigation Plan and Discovery Plans. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) |
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| Friday, September 29, 2023 | ||
| 28 | 28
3
pgs
misc
Consents (All are in)
Mon 10/02 11:47 AM
ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE (ac) |
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| Sunday, September 24, 2023 | ||
| 27 | 27
6
pgs
respm
Response to Motion
Sun 09/24 4:45 PM
RESPONSE to Motion re26 MOTION to Strike23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Motion to Strike the Declaration of Lionel Danenberg], Dkt. 23-1, filed by PayServices Bank. Replies due by 10/10/2023.(Craig, Jade) |
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| Thursday, September 14, 2023 | ||
| 26 | 26
4
pgs
motion
Strike
Thu 09/14 8:40 PM
MOTION to Strike23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Motion to Strike the Declaration of Lionel Danenberg], Dkt. 23-1, Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 10/5/2023 (Faucher, Robert) |
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| 25 | 25
16
pgs
misc
Amended Document (NOT Motion)
Thu 09/14 8:35 PM
AMENDED DOCUMENT by Federal Reserve Bank of San Francisco. Amendment to24 Reply to Response to Motion,23 Response to Motion, [Defendant Federal Reserve Bank of San Francisco's Amended Reply in Support of its Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] . (Faucher, Robert) |
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| 24 | 24
16
pgs
respm
Reply to Response to Motion
Thu 09/14 7:19 PM
REPLY to Response to Motion re22 Motion to Dismiss for Failure to State a Claim [Defendant Federal Reserve Bank of San Francisco's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] filed by Federal Reserve Bank of San Francisco.Motion Ripe Deadline set for 9/15/2023.(Faucher, Robert) |
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| Thursday, August 31, 2023 | ||
| 23 | 23
22
pgs
respm
Response to Motion
Thu 08/31 9:43 PM
RESPONSE to Motion re22 Motion to Dismiss for Failure to State a Claim [Defendant Federal Reserve Bank of San Francisco's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] filed by PayServices Bank. Replies due by 9/14/2023.(Craig, Jade) |
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Att: 1
8 pgs
Affidavit Declaration of Lionel Danenberg
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| Monday, August 14, 2023 | ||
| 22 | 22
3
pgs
motion
Dismiss for Failure to State a Claim
Mon 08/14 10:09 PM
Motion to Dismiss for Failure to State a Claim [Defendant Federal Reserve Bank of San Francisco's Motion to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief] Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 9/5/2023(Faucher, Robert) |
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Att: 1
28 pgs
Memorandum in Support,
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Att: 2
6 pgs
Declaration of Meredith Karp
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| 21 | 21
misc
Consent Filed
Mon 08/14 11:09 AM
Docket entry only - CONSENT to Magistrate Judge filed. (ac) |
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| Monday, July 31, 2023 | ||
| 20 | 20
2
pgs
notice
Notice of Assignment Setting Deadline
Mon 07/31 10:22 AM
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Federal Reserve Bank of San Francisco and PayServices Bank re1 Complaint and7 Motion for Extension of Time. Consent/Objection to Magistrate due by 9/29/2023. (km) |
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| Saturday, July 29, 2023 | ||
| 19 | 19
5
pgs
order
Order on Motion for Extension of Time to Answer Order on Motion for Entry of Default Order on Motion to Strike
Sun 07/30 7:10 PM
ORDER RE: DKTS.7 ,9 AND10 . IT IS HEREBY ORDERED that: Defendant Federal Reserve Bank of San Francisco's Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (Dkt. 7) is GRANTED. Defendant shall respond to Plaintiff's Complaint on or before August 14, 2023. Plaintiff's Application to Clerk for Entry of Default (Dkt. 9) is DENIED. Defendant Federal Reserve Bank of San Francisco's Motion to Strike Plaintiff's Response in Opposition and Application to Clerk for Entry of Default (Dkt. 10) IS DENIED as moot. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 07/30/2023) |
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| Friday, July 28, 2023 | ||
| 18 | 18
4
pgs
respm
Reply to Response to Motion
Fri 07/28 1:49 PM
REPLY to Response to Motion re10 MOTION to Strike Plaintiff's Response in Opposition and Application to Clerk for Entry of Default filed by Federal Reserve Bank of San Francisco.Motion Ripe Deadline set for 7/31/2023.(Faucher, Robert) |
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| 17 | 17
order
Order on Motion for Pro Hac Vice Appearance
Fri 07/28 8:58 AM
DOCKET ENTRY ORDER approving15 Motion for Pro Hac Vice Appearance of attorney Jonathan Youngwood and16 Motion for Pro Hac Vice Appearance of Meredith Karp for Federal Reserve Bank of San Francisco. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) |
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| Thursday, July 27, 2023 | ||
| 16 | 16
motion
Pro Hac Vice Appearance
Thu 07/27 11:23 AM
MOTION FOR PRO HAC VICE APPEARANCE by Meredith Karp. ( Filing fee $ 250 receipt number AIDDC-2604827.)Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 8/17/2023 (Faucher, Robert) |
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| 15 | 15
motion
Pro Hac Vice Appearance
Thu 07/27 11:18 AM
MOTION FOR PRO HAC VICE APPEARANCE by Jonathan Youngwood. ( Filing fee $ 250 receipt number AIDDC-2604808.)Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 8/17/2023 (Faucher, Robert) |
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| Wednesday, July 26, 2023 | ||
| 14 | 14
4
pgs
respm
Reply to Response to Motion
Wed 07/26 1:08 PM
REPLY to Response to Motion re9 MOTION for Entry of Default filed by PayServices Bank.Motion Ripe Deadline set for 7/27/2023.(Craig, Jade) |
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| 13 | 13
4
pgs
respm
Response to Motion
Wed 07/26 1:05 PM
RESPONSE to Motion re10 MOTION to Strike Plaintiff's Response in Opposition and Application to Clerk for Entry of Default filed by PayServices Bank. Replies due by 8/9/2023.(Craig, Jade) |
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| Tuesday, July 25, 2023 | ||
| 12 | 12
5
pgs
respm
Response to Motion
Tue 07/25 8:07 PM
RESPONSE to Motion re9 MOTION for Entry of Default Federal Reserve Bank of San Francisco's Opposition to Plaintiff's Application to Clerk for Entry of Default filed by Federal Reserve Bank of San Francisco. Replies due by 8/8/2023.(Faucher, Robert) |
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| 11 | 11
8
pgs
respm
Reply to Response to Motion
Tue 07/25 7:40 PM
REPLY to Response to Motion re7 MOTION for Extension of Time to File Answer re1 Complaint filed by Federal Reserve Bank of San Francisco.Motion Ripe Deadline set for 7/26/2023.(Faucher, Robert) |
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Att: 1
Affidavit Second Declaration of Robert A. Faucher in Support of Federal Reserve Bank of San Francisco's Motion for Extension of Time
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| 10 | 10
4
pgs
motion
Strike
Tue 07/25 7:29 PM
MOTION to Strike Plaintiff's Response in Opposition and Application to Clerk for Entry of Default Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 8/15/2023 (Faucher, Robert) |
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| 9 | 9
2
pgs
motion
Entry of Default
Tue 07/25 6:57 AM
MOTION for Entry of Default Jade A Craig appearing for Plaintiff PayServices Bank. Responses due by 8/15/2023(Craig, Jade) |
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Att: 1
2 pgs
Exhibit Declaration of Lionel Danenberg
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| Monday, July 24, 2023 | ||
| 8 | 8
7
pgs
respm
Response to Motion
Mon 07/24 3:39 PM
RESPONSE to Motion re7 MOTION for Extension of Time to File Answer re1 Complaint filed by PayServices Bank. Replies due by 8/7/2023.(Craig, Jade) (Attachment 1 replaced on 7/24/2023) (ac). Modified on 7/24/2023 replaced exhibit 1 pursuant to request by Attorney Jade Craig (ac) |
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Att: 1
Exhibit Law360 Article,
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Att: 2
Exhibit Proof of Service,
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Att: 3
2 pgs
Exhibit Email
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| 7 | 7
motion
Extension of Time to File Answer
Mon 07/24 10:46 AM
MOTION for Extension of Time to File Answer re1 Complaint Robert A Faucher appearing for Defendant Federal Reserve Bank of San Francisco. Responses due by 8/14/2023(Faucher, Robert) |
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Att: 1
3 pgs
Declaration of Robert A. Faucher
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| Thursday, July 13, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Thu 07/13 11:20 AM
SUMMONS Returned Executed by PayServices Bank. Federal Reserve Bank of San Francisco served on 7/3/2023, answer due 7/24/2023. (ac) |
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| Monday, July 03, 2023 | ||
| 5 | 5
service
Summons Issued
Mon 07/03 8:17 AM
Summons Issued as to Federal Reserve Bank of San Francisco. (Print attached Summons for service.) (ac) |
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| Friday, June 30, 2023 | ||
| 4 | 4
notice
Notice (Other)
Fri 06/30 3:15 PM
DOCKET ENTRY NOTICE re: Corrective Entry-Fees Not Paid. The court has been informed that payment is forthcoming, please disregard the 5 day filing fee due date. (jd) |
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utility
Receipt
Fri 06/30 3:44 PM
RECEIPT: Check #284 Fee Received $ 652.00, filing fee 402 and motion for PHV 250 receipt # 915914. (jd) |
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| Wednesday, June 28, 2023 | ||
| 3 | 3
order
Order on Motion for Pro Hac Vice Appearance
Wed 06/28 5:28 PM
DOCKET ENTRY ORDER approving dkt.2 Motion for Pro Hac Vice Appearance of attorney Jade Craig for PayServices Bank Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac) |
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| 2 | 2
motion
Pro Hac Vice Appearance
Wed 06/28 12:25 PM
MOTION FOR PRO HAC VICE APPEARANCE by Jade A. Craig. Asa Daniel Brown appearing for Plaintiff PayServices Bank. Responses due by 7/19/2023(Brown, Asa) |
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Att: 1
Appendix Additional Court Admissions
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misc
Corrective Entry - Fees Not Paid
Wed 06/28 10:38 AM
CORRECTIVE ENTRY - The entry document number 1 Complaint filed by PayServices Bank was filed without payment of the required filing fee. The filing party has five (5) days from the date of this notice to pay the fees to the Clerk of Court, or file a motion to waive the filing fee. (ac) |
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misc
Corrective Entry
Wed 06/28 10:41 AM
CORRECTIVE ENTRY - Any attorney seeking Pro Hac Vice admission must have local counsel enter a Motion for PHV on their behalf. Please use the Pro Hac Vice admission form located on the courts webpage. The filing party shall re-submit their correct filing. (ac) |
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| Tuesday, June 27, 2023 | ||
| 1 | 1
26
pgs
cmp
Complaint
Tue 06/27 12:45 PM
COMPLAINT COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against FEDERAL RESERVE BANK OF SAN FRANCISCO, filed by PayServices Bank.(Brown, Asa) |
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Att: 1
eFile Cover Sheet
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