JUST FILM, INC. v. MERCHANT SERVICES, INC.

No. C 10-1993 CW.

JUST FILM, INC.; RAINBOW BUSINESS SOLUTIONS, doing business as PRECISION TUNE AUTO CARE; BURLINGAME MOTORS, INC.; DIETZ TOWING, INC.; THE ROSE DRESS, INC.; VOLKER VON GLASENAPP; JERRY SU; VERENA BAUMGARTNER; TERRY JORDAN; LEWIS BAE; and ERIN CAMPBELL, on behalf of themselves, the general public and those similarly situated, Plaintiffs, v. MERCHANT SERVICES, INC.; NATIONAL PAYMENT PROCESSING; UNIVERSAL MERCHANT SERVICES, LLC; UNIVERSAL CARD, INC.; JASON MOORE; NATHAN JURCZYK; ROBERT PARISI; ERIC MADURA; FIONA WALSHE; ALICYN ROY; MBF LEASING, LLC; NORTHERN FUNDING, LLC; NORTHERN LEASING SYSTEMS, INC.; GOLDEN EAGLE LEASING, LLC; LEASE SOURCE-LSI, LLC; LEASE FINANCE GROUP, LLC; JAY COHEN; LEONARD MEZEI; SARA KRIEGER; BRIAN FITZGERALD; SAM BUONO; MBF MERCHANT CAPITAL, LLC; RBL CAPITAL GROUP, LLC; WILLIAM HEALY; JOSEPH I SUSSMAN; JOSEPH I. SUSSMAN, P.C.; and SKS ASSOCIATES, LLC, Defendants.

United States District Court, N.D. California.

February 2, 2012.


Attorney(s) appearing for the Case

Just Film, Inc., Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Just Film, Inc., Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Just Film, Inc., Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Just Film, Inc., Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Rainbow Business Services, doing business as Precision Tune Auto Care, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Rainbow Business Services, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Rainbow Business Services, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Rainbow Business Services, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Volker Von Glasenapp, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Volker Von Glasenapp, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Volker Von Glasenapp, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Volker Von Glasenapp, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Jerry Su, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Jerry Su, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Jerry Su, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Jerry Su, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Burlingame Motors Inc, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Burlingame Motors Inc, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Burlingame Motors Inc, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Burlingame Motors Inc, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Dietz Towing Inc, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Dietz Towing Inc, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Dietz Towing Inc, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Dietz Towing Inc, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

The Rose Dress Inc, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

The Rose Dress Inc, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

The Rose Dress Inc, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

The Rose Dress Inc, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Verena Baumgartner, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Verena Baumgartner, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Verena Baumgartner, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Verena Baumgartner, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Terry Jordan, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Terry Jordan, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Terry Jordan, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Terry Jordan, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Lewis Bae, Plaintiff represented by Adam Gutride , Gutride Safier LLP.

Lewis Bae, Plaintiff represented by Kristen Gelinas Simplicio , Gutride Safier LLP.

Lewis Bae, Plaintiff represented by Michael Adam Sweet , Meyers Nave.

Lewis Bae, Plaintiff represented by Seth Adam Safier , Gutride Safier LLP.

Merchant Services, Inc, Defendant represented by Cary Donahue Sullivan , Jones Day.

Merchant Services, Inc, Defendant represented by Brian D. Hershman .

Merchant Services, Inc, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Merchant Services, Inc, Defendant represented by Thomas Reed Malcolm , Jones Day.

Universal Card, Inc., Defendant represented by Cary Donahue Sullivan , Jones Day.

Universal Card, Inc., Defendant represented by Brian D. Hershman .

Universal Card, Inc., Defendant represented by Kevin Hugh Logan , Attorney at Law.

Universal Card, Inc., Defendant represented by Thomas Reed Malcolm , Jones Day.

National Payment Processing, Defendant represented by Cary Donahue Sullivan , Jones Day.

National Payment Processing, Defendant represented by Brian D. Hershman .

National Payment Processing, Defendant represented by Kevin Hugh Logan , Attorney at Law.

National Payment Processing, Defendant represented by Thomas Reed Malcolm , Jones Day.

Atlas Payment Processing, Defendant represented by James Cai , Schein & Cai, LLP.

Atlas Payment Processing, Defendant represented by Seth Wesley Wiener , Law Offices of Seth W. Wieneer.

MBF Leasing LLC, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

MBF Leasing LLC, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

MBF Leasing LLC, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

MBF Leasing LLC, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

MBF Leasing LLC, Defendant represented by John Merrill Heaphy, III , Harrison and Held, LLP.

MBF Leasing LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

MBF Merchant Capital, LLC, Defendant represented by Jeffrey James Halldin , Harrison & Held LLP, PRO HAC VICE.

MBF Merchant Capital, LLC, Defendant represented by Lee Alan Sherman , Callahan Thompson Sherman & Caudill, LLP.

Northern Funding, LLC, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

Northern Funding, LLC, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Northern Funding, LLC, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Northern Funding, LLC, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Northern Funding, LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Northern Leasing Systems, Inc., Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Northern Leasing Systems, Inc., Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Northern Leasing Systems, Inc., Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Golden Eagle Leasing LLC, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Golden Eagle Leasing LLC, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Golden Eagle Leasing LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Lease Finance Group, LLC, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Lease Finance Group, LLC, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Lease Finance Group, LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Transfirst Holdings, Inc., Defendant represented by Michael Thomas Tinan Carlson , Geary Shea O'Donnell & Grattan, PC.

Transfirst Holdings, Inc., Defendant represented by Seema Tendolkar , Wick Phillips Gould & Martin, LLP, PRO HAC VICE.

RBL Capital Group, LLC, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

RBL Capital Group, LLC, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

RBL Capital Group, LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Jay Cohen, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

Jay Cohen, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Jay Cohen, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Jay Cohen, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Jay Cohen, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Sara Krieger, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

Sara Krieger, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Sara Krieger, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Sara Krieger, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Sara Krieger, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Jason Moore, Defendant represented by Cary Donahue Sullivan , Jones Day.

Jason Moore, Defendant represented by Brian D. Hershman .

Jason Moore, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Jason Moore, Defendant represented by Thomas Reed Malcolm , Jones Day.

Sam Buono, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

Sam Buono, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Sam Buono, Defendant represented by Abraham Y. Skoff , Moses & Singer LLP, PRO HAC VICE.

Sam Buono, Defendant represented by Jennifer Nigro, , Moses & Singer LLP. PRO HAC VICE.

Sam Buono, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Fiona Walshe, Defendant represented by Matthew Keenan Wegner , Brown Wegner & Berliner, LLP.

Fiona Walshe, Defendant represented by James Cai , Schein & Cai, LLP.

Fiona Walshe, Defendant represented by Janet Suejean Park , Brown Wegner Berliner LLP.

Fiona Walshe, Defendant represented by Matthew Allen Berliner , Brown Wegner Berliner LLP.

Fiona Walshe, Defendant represented by Seth Wesley Wiener , Law Offices of Seth W. Wieneer.

Eric Madura, Defendant represented by Cary Donahue Sullivan , Jones Day.

Eric Madura, Defendant represented by Brian D. Hershman .

Eric Madura, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Eric Madura, Defendant represented by Thomas Reed Malcolm , Jones Day.

Universal Merchant Services LLC, Defendant represented by Cary Donahue Sullivan , Jones Day.

Universal Merchant Services LLC, Defendant represented by Kevin Hugh Logan , Attorney at Law.

JWM Holdings LLC, Defendant represented by Cary Donahue Sullivan , Jones Day.

JWM Holdings LLC, Defendant represented by Kevin Hugh Logan , Attorney at Law.

La Quinta Holdings LLC, Defendant represented by Cary Donahue Sullivan , Jones Day.

La Quinta Holdings LLC, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Nathan Jurczyk, Defendant represented by Cary Donahue Sullivan , Jones Day.

Nathan Jurczyk, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Robert Parisi, Defendant represented by Cary Donahue Sullivan , Jones Day.

Robert Parisi, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Alicyn Roy, Defendant represented by Cary Donahue Sullivan , Jones Day.

Alicyn Roy, Defendant represented by Kevin Hugh Logan , Attorney at Law.

Lease Source LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Leonard Mezei, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

Leonard Mezei, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

Leonard Mezei, Defendant represented by Jennifer Nigro , Moses & Singer LLP.

Leonard Mezei, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Joseph I. Sussman, Defendant represented by Jennifer Nigro , Moses & Singer LLP.

Joseph I. Sussman, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Joseph I. Sussman, P.C., Defendant represented by Jennifer Nigro , Moses & Singer LLP.

Joseph I. Sussman, P.C., Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Lease Source-LSI, LLC, Defendant Defendant represented by Jennifer Nigro , Moses & Singer LLP.

Lease Source-LSI, LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

SKS Associates LLC, Defendant represented by John Vincent Erickson , Collette Erickson Farmer ONeill.

SKS Associates LLC, Defendant represented by Rod Divelbiss , Collette Erickson Farmer & O'Neill LLP.

SKS Associates LLC, Defendant represented by Jennifer Nigro , Moses & Singer LLP.

SKS Associates LLC, Defendant represented by Scott E. Silberfein, , Moses and Singer LLP, PRO HAC VICE.

Atlas Payment Processing, Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Fiona Walshe, Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Protege Investments, Inc., Cross-defendant, represented by Jingming James Cai , Schein & Cai LLP.

Rover Enterprises, Inc., Cross-defendant, represented by Janet Suejean Park , Brown Wegner Berliner LLP.

Rover Enterprises, Inc., Cross-defendant, represented by Jingming James Cai , Schein & Cai LLP.

Rover Enterprises, Inc., Cross-defendant, represented by Matthew Allen Berliner , Brown Wegner Berliner LLP.

Merchant Services F.A., Inc., Cross-defendant, represented by Janet Suejean Park , Brown Wegner Berliner LLP.

Merchant Services F.A., Inc., Cross-defendant, represented by Jingming James Cai , Schein & Cai LLP.

Merchant Services F.A., Inc., Cross-defendant, represented by Matthew Allen Berliner , Brown Wegner Berliner LLP.

Anthony Kutscher, Jr., Cross-defendant, represented by Jingming James Cai , Schein & Cai LLP.

National Payment Processing, Cross-claimant, represented by Cary Donahue Sullivan , Jones Day.

National Payment Processing, Cross-claimant, represented by Brian D. Hershman .

National Payment Processing, Cross-claimant, represented by Thomas Reed Malcolm , Jones Day.

Universal Card, Inc., Cross-claimant, represented by Cary Donahue Sullivan , Jones Day.

Universal Card, Inc., Cross-claimant, represented by Brian D. Hershman .

Universal Card, Inc., Cross-claimant, represented by Thomas Reed Malcolm , Jones Day.

Fiona Walshe, Cross-defendant, represented by Matthew Keenan Wegner , Brown Wegner & Berliner, LLP.

Fiona Walshe, Cross-defendant, represented by James Cai , Schein & Cai, LLP.

Fiona Walshe, Cross-defendant, represented by Janet Suejean Park , Brown Wegner Berliner LLP.

Fiona Walshe, Cross-defendant, represented by Matthew Allen Berliner , Brown Wegner Berliner LLP.

Fiona Walshe, Cross-defendant, represented by Seth Wesley Wiener , Law Offices of Seth W. Wieneer.

Rover Enterprises, Inc., Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Merchant Services F.A., Inc., Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Merchant Services, Inc, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Merchant Services, Inc, Cross-defendant, represented by Brian D. Hershman .

Merchant Services, Inc, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Merchant Services, Inc, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

Jason Moore, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Jason Moore, Cross-defendant, represented by Brian D. Hershman .

Jason Moore, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Jason Moore, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

National Payment Processing, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

National Payment Processing, Cross-defendant, represented by Brian D. Hershman .

National Payment Processing, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

National Payment Processing, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

Universal Card, Inc., Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Universal Card, Inc., Cross-defendant, represented by Brian D. Hershman .

Universal Card, Inc., Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Universal Card, Inc., Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

Protege Investments, Inc., Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Anthony Kutscher, Jr., Cross-claimant, represented by Jingming James Cai , Schein & Cai LLP.

Merchant Services, Inc, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Merchant Services, Inc, Cross-defendant, represented by Brian D. Hershman .

Merchant Services, Inc, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Merchant Services, Inc, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

Jason Moore, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Jason Moore, Cross-defendant, represented by Brian D. Hershman .

Jason Moore, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Jason Moore, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

National Payment Processing, Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

National Payment Processing, Cross-defendant, represented by Brian D. Hershman .

National Payment Processing, Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

National Payment Processing, Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.

Universal Card, Inc., Cross-defendant, represented by Cary Donahue Sullivan , Jones Day.

Universal Card, Inc., Cross-defendant, represented by Brian D. Hershman .

Universal Card, Inc., Cross-defendant, represented by Kevin Hugh Logan , Attorney at Law.

Universal Card, Inc., Cross-defendant, represented by Thomas Reed Malcolm , Jones Day.


ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO DISMISS ALL CLAIMS BY "BURLINGAME MOTORS, INC." AND AMEND THE SECOND AMENDED COMPLAINT

Docket No. 327.

CLAUDIA WILKEN, District Judge.

Plaintiffs seek leave to dismiss all claims by Plaintiff Burlingame Motors, Inc. and to file an amendment to the Second Amended Complaint (2AC) to clarify that Burlingame Motors is a fictitious business name of Plaintiff Verena Baumgartner. Defendants oppose only Plaintiffs...

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