Plaintiff PayPal Inc. alleged that Defendants Market Development Specialists Inc. d/b/a Wintergreen Systems and John Levy accepted 56 payments from TigerDirect, Inc. totalling $560,000 and withdrew that sum from its PayPal account without delivering merchandise that TigerDirect had ordered. TigerDirect canceled its order and charged back its payment, forcing PayPal to cover the $560,000 chargeback.
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Date Filed
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#
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Docket Text
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| June 3, 2008 |
1
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COMPLAINT against Market Development Specialists Inc, John Levy (Filing fee $ 350.) Receipt #156027 filed by PayPal Inc. (Attachments: # 1 Exhibit 1 pages 1-25, # 2 Exhibit 1 pages 26-51, # 3 Exhibit 1 pages 52-78, # 4 Exhibit 1 pages 79-104, # 5 Exhibit 1 pages 105-124, # 6 Civil Cover Sheet)(jcp) (Entered:
06/06/2008)
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| June 3, 2008 |
2
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NOTICE of Appearance by James Dimos on behalf of PayPal Inc (jcp) (Entered: June 6, 2008)
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| June 3, 2008 |
3
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NOTICE of Appearance by Darren A Craig on behalf of PayPal Inc (jcp) (Entered: June 6, 2008)
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| June 3, 2008 |
4
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NOTICE of Appearance by James M Matthews on behalf of PayPal Inc (jcp) (Entered: June 6, 2008)
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| June 3, 2008 |
5
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Summons Issued as to Market Development Specialists Inc, John Levy. (jcp) (Entered: June 6, 2008)
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| June 3, 2008 |
6
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Corporate Disclosure Statement by PayPal Inc identifying Corporate Parent eBay Inc for PayPal Inc.. (jcp) (Entered: June 6, 2008)
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| June 27, 2008 |
8
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NOTICE of Appearance by Mark J Adey on behalf of Market Development Specialists Inc, John Levy (Adey, Mark) (Entered: June 27, 2008)
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| June 27, 2008 |
9
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AGREED NOTICE to extend time to file answer filed by Market Development Specialists Inc, John Levy ; answer due by 7/29/08. (Adey, Mark) (Entered: June 27, 2008)
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| July 29, 2008 |
10
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Corporate Disclosure Statement by Market Development Specialists Inc. (Adey, Mark) (Entered: July 29, 2008)
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| July 29, 2008 |
11
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ANSWER to 1 Complaint, by Market Development Specialists Inc, John Levy.(Adey,
Mark) (Entered: July 29, 2008)
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| August 25, 2008 |
12
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ORDER, ( Joint Proposed Discovery due by 9/15/2008., Rule 16 Preliminary Pretrial Conference set for 9/30/2008 11:30 AM in South Bend before Magistrate Judge Christopher A Nuechterlein.).
Signed by Magistrate Judge Christopher A Nuechterlein on 8/25/2008. (slm) (Entered: August 25, 2008)
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| August 25, 2008 |
13
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MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm) (Entered: August 25, 2008)
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| September 15, 2008 |
14
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REPORT of Rule 26(f) Planning Meeting. (Adey, Mark) (Entered: September 15, 2008)
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| September 30, 2008 |
15
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RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/30/2008. before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty Darren A Craig. Dft appeared by atty Mark J Adey. Any
amendments to the pleadings to be filed by 10/30/2008. Discovery deadline is 6/1/2009. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/1/2009.
Defendant expert witness disclosures and reports to be delivered to the plaintiff by 5/1/2009. Initial Disclosures to be exchanged by 10/30/2008. Mediator Selection Deadline is
10/30/2008. Magistrate Consent forms due by 10/23/2008. (slm) (Entered: October 1, 2008)
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| October 30, 2008 |
16
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NOTICE by PayPal Inc of Service of Rule 26 Initial Disclosures (Craig, Darren) (Entered: October 30, 2008)
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| October 30, 2008 |
17
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NOTICE by Market Development Specialists Inc, John Levy of Selection of Mediator (Adey, Mark) (Entered: October 30, 2008)
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| December 8, 2008 |
18
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MOTION for Partial Summary Judgment on PayPal's breach of contract claim by Plaintiff PayPal Inc. (Craig, Darren) (Entered: December 8, 2008)
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| December 8, 2008 |
19
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BRIEF in Support of 18 MOTION for Partial Summary Judgment on PayPal's breach
of contract claim filed by PayPal Inc. (Craig, Darren) (Entered: December 8, 2008)
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| December 8, 2008 |
20
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AFFIDAVIT in Support re 18 MOTION for Partial Summary Judgment on PayPal's
breach of contract claim Designation of Evidence in Support filed by PayPal Inc. (Attachments: # 1 Affidavit
Designation of Evidence Tab 1 - Affidavit of Siddharth Pershad, # 2 Exhibit A to Affidavit - Summary of all transactions
between Wintergreen and TigerDirect, Inc., # 3 Exhibit B to Affidavit - Wintergreen withdrawals from PayPal Account between
June 21, 2007 and June 27, 2007, # 4 Exhibit C to Affidavit - TigerDirect's Chargebacks occurring between August 14, 2007 and
September 19, 2007)(Craig, Darren) (Entered: December 8, 2008)
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| January 2, 2009 |
21
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NOTICE of Change of Address by Darren A Craig and Notice of Change of Firm Name, and Email Address (Craig, Darren) (Entered: January 2, 2009)
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| January 12, 2009 |
22
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RESPONSE in Opposition re 18 MOTION for Partial Summary Judgment on PayPal's
breach of contract claim filed by Market Development Specialists Inc. (Attachments: # 1 Exhibit 1--Affidavit of John Levy,
# 2 Exhibit A to Levy Affidavit, # 3 Exhibit B-1 to Levy
Affidavit, # 4 Exhibit B-2 to Levy Affidavit)(Adey, Mark) (Entered: January 12, 2009)
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| January 29, 2009 |
23
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REPLY to Response to Motion re 18 MOTION for Partial Summary Judgment on
PayPal's breach of contract claim filed by PayPal Inc. (Craig, Darren) (Entered: January 29, 2009)
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| May 4, 2009 |
24
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ORDER re 18 MOTION for Partial Summary Judgment on PayPal's breach of contract
claim filed by PayPal Inc. This motion is taken under advisement and set for a Status Conference on 5/29/2009 at 12:30 PM in US District Court - Hammond before Judge Rudy Lozano.
Signed by Judge Rudy Lozano on 5/4/09. (kds) (Entered: May 4, 2009)
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| May 21, 2009 |
25
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Joint MOTION to Continue Status Conference Set for May 29, 2009, or in the Alternative, to Permit Parties to Attend Status Conference Telephonically by Plaintiff PayPal Inc,
Defendants Market Development Specialists Inc, John Levy. (Craig, Darren) (Entered: May 21, 2009)
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| May 26, 2009 |
26
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ORDER denying 25 Joint MOTION to Continue Status Conference Set for May 29,
2009, or in the Alternative, to Permit Parties to Attend Status Conference Telephonically filed by PayPal Inc, John Levy, Market Development Specialists Inc. Status Conference reset
for 6/4/2009 at 1:00 PM in US District Court - Hammond before Judge Rudy Lozano. Signed by Judge Rudy Lozano on 5/26/09. (kds) (Entered: May 26, 2009)
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| June 4, 2009 |
27
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STATUS CONFERENCE held on 6/4/2009 before Judge Rudy Lozano. Pla appeared by atty Darren A. Craig. Dft appeared by atty Mark J. Adey. Status Conference is hereby continued to 7/8/2009 at
12:30 PM in US District Court - Hammond before Judge Rudy Lozano. (tlr) (Entered: June 4, 2009)
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| June 11, 2009 |
28
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NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now
terminated. All further matters will now be handled by Judge Rudy Lozano unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight
and authority as a written order signed by the judge. (slm) (Entered: June 11, 2009)
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| July 8, 2009 |
29
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STATUS/SCHEDULING CONFERENCE held on 7/8/2009 before Judge Rudy Lozano. Pla appeared by atty Darren A. Craig. Dft appeared by atty Mark J. Adey. Market Development Specialists, Inc.,
consents to entry of final judgment against it in the amount of $509,524.78 on Count I of Plaintiff PayPal, Inc's, complaint for breach of contract. All parties jointly stipulate to a
dismissal with prejudice of Count II of the complaint. PayPal, Inc. withdraws its 18 MOTION for Partial Summary Judgment, subject to its right to refile the motion for
judgment if judgment is not entered against Market Development Specialists, Inc.. (Court Reporter Richard Ehrlich.) (tlr) (Entered: July 9, 2009)
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| July 10, 2009 |
30
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CLERK'S ENTRY OF JUDGMENT against Market Development for the amount of $509,524.78. Count II against John Levy is dismisssed with prejudice (kds) (Entered: July 10, 2009)
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