DuBuske et al v. PepsiCo, Inc. et al
Plaintiff: Gary Maynard, William DuBuske and Michael Duchaine
Defendant: Employee Benefits Board, PepsiCo, Inc., PepsiCo Administration Committee, John/Jane Does, the Employee Benefits Board, the PepsiCo Administration Committee and John/ Jane Does 1-50
Case Number: 7:2018cv11618
Filed: December 12, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2019 Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. the Employee Benefits Board waiver sent on 12/26/2018, answer due 2/25/2019. Document filed by William DuBuske; Gary Maynard; Michael Duchaine. (Klein, Seth)
December 28, 2018 Filing 18 NOTICE OF APPEARANCE by Mark George Boyko on behalf of William DuBuske, Michael Duchaine, Gary Maynard. (Boyko, Mark)
December 21, 2018 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 2/15/2019. No part of this case has been referred to Magistrate Judge McCarthy, to whom the letter-motion incorrectly was addressed. Absent an Order of Reference, the parties shall direct correspondence to Judge Briccetti. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
December 20, 2018 Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Judith C. McCarthy from Jeremy P. Blumenfeld dated December 20, 2018. Document filed by PepsiCo, Inc., the Employee Benefits Board, the PepsiCo Administration Committee.(Blumenfeld, Jeremy)
December 17, 2018 Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. the PepsiCo Administration Committee served on 12/17/2018, answer due 1/7/2019. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William DuBuske; Gary Maynard; Michael Duchaine. (Klein, Seth)
December 17, 2018 Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. the Employee Benefits Board served on 12/17/2018, answer due 1/7/2019. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William DuBuske; Gary Maynard; Michael Duchaine. (Klein, Seth)
December 17, 2018 Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. PepsiCo, Inc. served on 12/17/2018, answer due 1/7/2019. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William DuBuske; Gary Maynard; Michael Duchaine. (Klein, Seth)
December 14, 2018 Opinion or Order Filing 12 ORDER FOR ADMISSION PRO HAC VICE granting #8 Motion for Robert A. Izard to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 12/14/2018) (mml)
December 13, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to the Employee Benefits Board. (pc)
December 13, 2018 Filing 10 ELECTRONIC SUMMONS ISSUED as to PepsiCo, Inc.. (pc)
December 13, 2018 Filing 9 ELECTRONIC SUMMONS ISSUED as to the PepsiCo Administration Committee. (pc)
December 13, 2018 Filing 8 MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Attachments: #1 Affidavit of Robert A. Izard in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert)
December 13, 2018 Filing 7 MOTION for Seth R. Klein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16049913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Attachments: #1 Declaration of Seth R. Klein in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Seth R. Klein)(Klein, Seth)
December 13, 2018 Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert A. Izard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16049745. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Attachments: #1 Declaration of Robert A. Izard in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert) Modified on 12/13/2018 (ma).
December 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Seth R. Klein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16049913. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
December 13, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Patrick Needham. The party information for the following party/parties has been modified: John/Jane Does, Employee Benefits Board, PepsiCo Administration Committee, William DuBuske, Michael Duchaine. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
December 13, 2018 Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
December 13, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
December 13, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Robert A. Izard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16049745. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE WRITE THE CORRECT CASE NUMBER ON ALL OF THE DOCUMENTS AND THE AFFIDAVIT MUST BE TITLED APPROPRIATELY AND NOT AS A MOTION.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
December 13, 2018 Case Designated ECF. (pc)
December 12, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to PepsiCo Administration Committee, re: #1 Complaint. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Needham, Douglas)
December 12, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Employee Benefits Board, re: #1 Complaint. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Needham, Douglas)
December 12, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PepsiCo, Inc., re: #1 Complaint. Document filed by William DuBuske, Michael Duchaine, Gary Maynard. (Needham, Douglas)
December 12, 2018 Filing 2 CIVIL COVER SHEET filed. (Needham, Douglas)
December 12, 2018 Filing 1 COMPLAINT against John/Jane Does, Employee Benefits Board, PepsiCo Administration Committee, PepsiCo, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16044235)Document filed by William DuBuske, Gary Maynard, Michael Duchaine.(Needham, Douglas)

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Plaintiff: Gary Maynard
Represented By: Douglas Patrick Needham
Represented By: Mark George Boyko
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: William DuBuske
Represented By: Douglas Patrick Needham
Represented By: Mark George Boyko
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Michael Duchaine
Represented By: Douglas Patrick Needham
Represented By: Mark George Boyko
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Defendant: Employee Benefits Board
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Defendant: PepsiCo, Inc.
Represented By: Jeremy Paul Blumenfeld
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Defendant: PepsiCo Administration Committee
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Defendant: John/Jane Does
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Defendant: the Employee Benefits Board
Represented By: Jeremy Paul Blumenfeld
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Defendant: the PepsiCo Administration Committee
Represented By: Jeremy Paul Blumenfeld
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Defendant: John/ Jane Does 1-50
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