New York Eastern District Court
Judge:Nicholas G Garaufis
Referred: Steven Tiscione
Case #: 2:23-cv-08377
Nature of Suit190 Contract - Other Contract
Cause28:1346 Breach of Contract
Case Filed:Nov 10, 2023
Terminated:Nov 04, 2024
Last checked: Saturday May 11, 2024 5:28 AM EDT
Defendant
First Data Merchant Services LLC
Represented By
Sabrina Bryan
Foley & Lardner LLP
contact info
Anne Berkowitz Sekel
Foley & Lardner LLP
contact info
Plaintiff
Cross River Bank
Represented By
George Eric Mastoris
Winston & Strawn LLP
contact info


Docket last updated: 05/12/2025 11:59 PM EDT
Monday, November 04, 2024
22 22 1 pgs order Order Dismissing Case Mon 11/04 12:26 PM
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii). So Ordered by Judge Nicholas G. Garaufis on 11/1/2024. (TLH)
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Friday, November 01, 2024
21 21 misc Stipulation of Dismissal Fri 11/01 11:21 AM
STIPULATION of Dismissal with Prejudice, by Cross River Bank (Mastoris, George)
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Tuesday, June 25, 2024
20 20 minutes Settlement Conference Tue 06/25 11:37 AM
Minute Entry for Settlement Conference held on 6/20/2024 before Magistrate Judge Steven Tiscione: Mastoris, Charmani for Plaintiff; Sekel, Bryan for Defendant. Settlement discussions were held but Plaintiff needs additional time to consider Defendant's final offer. Parties will; continue to discuss settlement and will advise the Court if a further settlement conference would be productive. (Not Recorded.) (LV)
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Wednesday, June 19, 2024
order Order on Motion to Adjourn Conference Wed 06/19 7:43 AM
ORDER denying19 Motion to Adjourn Conference. So Ordered by Magistrate Judge Steven Tiscione on 6/19/2024. (LV)
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Tuesday, June 18, 2024
19 19 motion Adjourn Conference Tue 06/18 9:21 PM
First MOTION to Adjourn Conference by First Data Merchant Services LLC. (Sekel, Anne)
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Tuesday, May 21, 2024
18 18 minutes Settlement Conference ~Util - Set Hearings Tue 05/21 7:00 AM
Minute Entry for Settlement Conference held on 5/17/2024 before Magistrate Judge Steven Tiscione: Mastoris, Charmani for Plaintiff; Sekel, Bryan for Defendant. Settlement discussions were held. The parties need additional time to exchange further documents to facilitate settlement. The Court will hold a further settlement conference by Zoom on June 20, 2024 at 2:00 p.m. A Zoom link will be sent prior to the conference. (Not Recorded.) (LV)
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Friday, May 10, 2024
17 17 minutes Settlement Conference ~Util - Set Hearings Fri 05/10 1:03 PM
Minute Entry for Settlement Conference held on 5/9/2024 before Magistrate Judge Steven Tiscione: Mastoris for Plaintiff; Sekel, Bryan for Defendants. Plaintiff needs additional time to review documents that were produced by Defendant for settlement purposes. Accordingly, the Zoom settlement conference is adjourned to May 17, 2024 at 2:00 p.m. A Zoom link will be sent to the parties prior to the conference. (Not Recorded.) (LV)
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Tuesday, May 07, 2024
16 16 minutes Settlement Conference ~Util - Set Hearings Tue 05/07 12:08 PM
Minute Entry for Settlement Conference held on 5/2/2024 before Magistrate Judge Steven Tiscione: Mastoris for Plaintiff; Sekel,Bryan for Defendant. Settlement discussions were held. Parties made progress but need additional time to exchange documents. The Court will hold a further settlement conference on May 9, 2024 at 1:00 p.m. by Zoom. A Zoom link will be sent to the parties prior to the conference. (Not Recorded.) (LV)
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Wednesday, March 27, 2024
13 13 motion Adjourn Conference Wed 03/27 3:54 PM
First MOTION to Adjourn Conference by First Data Merchant Services LLC. (Sekel, Anne)
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order Order on Motion to Adjourn Conference Wed 03/27 4:09 PM
ORDER granting13 Motion to Adjourn Conference. The Court is unavailable on the dates suggested by counsel. Accordingly, the settlement conference scheduled for April 2nd will instead be held at 10:00 a.m. on May 2, 2024 in Courtroom 910 of the Central Islip Courthouse. So Ordered by Magistrate Judge Steven Tiscione on 3/27/2024. (LV)
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Thursday, January 18, 2024
12 12 minutes Initial Conference Hearing ~Util - Set Hearings Thu 01/18 2:01 PM
Minute Entry for Initial Conference Hearing held on 1/18/2024 before Magistrate Judge Steven Tiscione: Mastoris, Lowell for Plaintiff; Sekel, Bryan for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 1/23/24; Completion of Phase I discovery - 3/18/24; Deadline for motions to join new parties or amend pleadings - 4/17/24; First requests for production of documents and interrogatories due by - 5/2/24; All fact discovery to be completed by 10/2/24; Exchange of expert reports - 10/30/24; Expert depositions completed by - 11/27/24; All discovery completed by - 12/20/24; Final date to take first step in dispositive motion practice - 1/24/25. An in-person settlement conference will be held on April 2, 2024 at 11:00 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than March 30, 2024. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (Not Recorded.) (LV)
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Tuesday, January 16, 2024
11 11 notice Notice of Appearance Tue 01/16 5:33 PM
NOTICE of Appearance by Sabrina Bryan on behalf of All Defendants (aty to be noticed) (Bryan, Sabrina)
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10 10 misc Report of Rule 26(f) Planning Meeting Tue 01/16 1:37 PM
REPORT of Rule 26(f) Planning Meeting (Bryan, Sabrina)
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Monday, December 18, 2023
9 9 14 pgs answer Answer to Complaint Mon 12/18 6:06 PM
ANSWER to Complaint by First Data Merchant Services LLC. (Sekel, Anne)
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Tuesday, November 21, 2023
8 8 order Scheduling Order Tue 11/21 6:55 AM
SCHEDULING ORDER: An initial conference will be held at 10:00 a.m. on January 18, 2024 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court no later than January 16th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/21/2023. (LV)
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Monday, November 20, 2023
order Order on Motion for Extension of Time to Answer Mon 11/20 5:54 PM
ORDER granting6 Motion for Extension of Time to Answer re6 First MOTION for Extension of Time to File Answer . First Data Merchant Services LLC answer due 12/18/2023. So Ordered by Magistrate Judge Steven Tiscione on 11/20/2023. (LV)
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Friday, November 17, 2023
7 7 misc State Court Record Fri 11/17 3:12 PM
STATE COURT RECORD Received - Civil Court of the City of New York, County of Suffolk (TLH)
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Thursday, November 16, 2023
6 6 motion Extension of Time to File Answer Thu 11/16 4:43 PM
First MOTION for Extension of Time to File Answer by First Data Merchant Services LLC. (Sekel, Anne)
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Monday, November 13, 2023
5 5 misc Clerks Notice of Rule 73 Mon 11/13 1:54 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CL)
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4 4 misc Quality Control Check - Attorney Case Opening Mon 11/13 1:49 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL)
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utility Case Assigned/Reassigned Mon 11/13 1:53 PM
Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL)
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Friday, November 10, 2023
3 3 service Affidavit of Service Fri 11/10 4:21 PM
AFFIDAVIT of Service for Notice of Removal served on Plaintiff on November 10, 2023, filed by First Data Merchant Services LLC. (Sekel, Anne)
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2 2 notice Notice of Appearance Fri 11/10 4:07 PM
NOTICE of Appearance by Anne Berkowitz Sekel on behalf of First Data Merchant Services LLC (notification declined or already on case) (Sekel, Anne)
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1 1 notice Notice of Removal Fri 11/10 3:57 PM
NOTICE OF REMOVAL by First Data Merchant Services LLC from New York Supreme Court, Suffolk County, case number 625195/2023. ( Filing fee $ 402 receipt number ANYEDC-17273250) (Sekel, Anne)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A,
Att: 3 Exhibit B