First Data Merchant Services LLC v. MM Development Company

Document provided

The provided text is a motion filed by First Data Merchant Services LLC, not an opinion or order deciding the motion. It asks for a permanent injunction under 28 U.S.C. § 2361, a federal statute governing injunctions in interpleader cases. No ruling or disposition by Judge P. Castel appears in the provided text.

Background

First Data says it processes payment-card transactions for merchants. It states that it terminated merchant accounts for GiVV, Inc. and Pelican Communications, Inc., and retained reserves connected to those accounts. According to the motion, the reserves total $619,560.55, although First Data says it retained an additional $10,000 from Pelican’s reserve for possible future obligations and expenses.

First Data states that several defendants claim all or part of the disputed funds. The motion identifies a California state-court action brought by MM Development Company d/b/a Planet 13, a levy and demand from New York City Marshal Stephen W. Biegel on behalf of GTR Source, LLC, an information subpoena and restraining order from ML Factors Funding Limited Liability Company, and demands from Sistem Commerce City LLC and KTZ Holdings, Inc.

First Data says it filed this federal interpleader action because it cannot determine which claimant is entitled to the funds without risking multiple liability. In an interpleader action, a stakeholder asks the court to resolve competing claims to property or money in one proceeding.

Requested relief

First Data asks the court to permanently enjoin, meaning legally prohibit, MM Development from continuing claims against First Data concerning the disputed funds, including the California action identified as Case No. C19-02278. It also asks the court to prohibit all claimants from initiating or prosecuting claims, cross-claims, counterclaims, third-party claims, or similar claims against First Data concerning those funds.

First Data argues that the requested injunction would prevent multiple lawsuits and inconsistent decisions and would protect the effectiveness of the interpleader proceeding. The motion cites decisions discussing injunctions under 28 U.S.C. § 2361.

Disposition

The text ends with First Data’s request that the court grant the motion. It does not state whether Judge P. Castel granted, denied, or otherwise resolved the motion.