JHO Intellectual Property Holdings LLC et al v. PepsiCo Incorporated
| JHO Intellectual Property Holdings LLC, Elite IP Holdings LLC and Vital Pharmaceuticals Incorporated |
| PepsiCo Incorporated |
| 2:2022cv00353 |
| March 7, 2022 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgement |
| None |
Docket Report
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| Remark: Pro hac vice motion(s) granted for Daniel M Janssen, Zachary T Eastburn on behalf of Plaintiffs Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 30 RESPONSE re: #25 Notice (Other) of "Supplemental Authority" by Plaintiffs Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. (Attachments: #1 Exhibit A-D)(Wolf, Jeffrey) |
| Filing 29 Sealed Exhibit A to #25 Defendant's Notice of Supplemental Authority by PepsiCo Incorporated. (MAP) |
Filing 28
ORDER granting #26 Motion to Seal Exhibit A to Defendant's Notice of Supplemental Authority. Signed by Judge Douglas L Rayes on 4/14/22. (MAP)
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| Filing 27 *FILED at Doc. #29 *SEALED LODGED Proposed Confidential Arbitral Order (Exhibit A to Notice of Supplemental Authority, ECF No. 25) re: #26 MOTION to Seal Document #25 Notice (Other) / Motion to Seal Confidential Arbitral Order attached as Exhibit A to Notice of Supplemental Authority [ECF No. 25]. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by PepsiCo Incorporated. (Tulumello, Andrew) *Modified on 4/15/2022 (MAP). |
| Filing 26 MOTION to Seal Document #25 Notice (Other) / Motion to Seal Confidential Arbitral Order attached as Exhibit A to Notice of Supplemental Authority [ECF No. 25] by PepsiCo Incorporated. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
| Filing 25 NOTICE re: Supplemental Authority by PepsiCo Incorporated re: #15 SEALED MOTION to Stay . (Attachments: #1 Exhibit A - Arbitral Panel's Order dated April 11, 2022 (Filed Under Seal))(Tulumello, Andrew) |
| Filing 24 SEALED REPLY In Support of #15 SEALED MOTION to Stay Pending Arbitration by PepsiCo Incorporated. (MAP) |
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Filing 23
ORDER granting #21 Motion to Seal. The Clerk of Court is directed to file the unredacted version of Defendant's Reply in Support of Motion to Stay Pending Arbitration, currently lodged on the Courts docket at Doc. #22 , which will remain sealed through the resolution of the matter, including through any appeals. Unsealed versions of the Reply in Support of Motion to Stay Pending Arbitration shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Douglas L Rayes on 3/30/22. (MAP)
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| Filing 22 *FILED at Doc. #24 *SEALED LODGED Proposed Reply in Support of Motion to Stay Pending Arbitration re: #21 MOTION to Seal Document #20 Reply to Response to Motion (Unopposed). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by PepsiCo Incorporated. (Tulumello, Andrew) *Modified on 3/31/2022 (MAP). |
| Filing 21 MOTION to Seal Document #20 Reply to Response to Motion (Unopposed) by PepsiCo Incorporated. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
| Filing 20 REPLY to Response to Motion re: #8 MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law filed by PepsiCo Incorporated. (Tulumello, Andrew) |
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Filing 19
ORDER granting #17 Motion to Seal. The Clerk of Court is directed to file the unredacted version of Plaintiffs' Opposition to Defendant's Motion to Stay Pending Arbitration, lodged on the Court's docket at Doc. #18 , under seal through the resolution of the matter, including through any appeals. An unsealed version of the Opposition to Defendant's Motion to Stay Pending Arbitration shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Douglas L Rayes on 3/23/22. (MAP)
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| Remark: Pro hac vice motion(s) granted for Claire Lockerby Chapla on behalf of Defendant PepsiCo Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 *SEALED Plaintiffs' Memorandum of Law in Opposition to #8 PepsiCo's Motion to Stay Pending Arbitration - Select Portions of Plaintiffs' Opposition to Defendant's Motion to Stay Pending Arbitration. Filed by Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. (Attachments: #1 Exhibit Declaration of Gene Bukovi, #2 Exhibit Declaration of Scott McIntosh)(Wolf, Jeffrey) *Modified to change from lodged to filed pursuant to doc. #19 ; NEF regenerated on 3/24/2022 (MAP)(CEI). |
| Filing 17 MOTION to Seal Document [Unopposed] - Select Portions of Plaintiffs' Opposition to Defendant's Motion to Stay Pending Arbitration by Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. (Attachments: #1 Proposed Order)(Wolf, Jeffrey) |
| Filing 16 RESPONSE in Opposition re: #8 MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law filed by Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. (Attachments: #1 Exhibit Declaration of Gene Bukovi, #2 Exhibit Declaration of Scott McIntosh)(Wolf, Jeffrey) |
| Remark: Pro hac vice motion(s) granted for Scott Alan McIntosh on behalf of Plaintiffs Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Chantale Fiebig on behalf of Defendant PepsiCo Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Andrew S Tulumello on behalf of Defendant PepsiCo Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 SEALED (UNREDACTED) MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law by PepsiCo Incorporated. (Attachments: #1 Exhibit A)(MAP) |
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Filing 14
ORDER granting #9 Motion to Seal the Unredacted Version of the Motion to Stay and Exhibit A. Signed by Judge Douglas L Rayes on 3/12/22. (MAP)
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| Filing 13 SEALED (Unredacted) Complaint by Elite IP Holdings LLC, JHO Intellectual Property Holdings LLC, Vital Pharmaceuticals Incorporated. (MAP) |
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Filing 12
ORDER granting #4 Motion to Seal. The Clerk of Court is directed to file the unredacted version of the Complaint, lodged on the Court's docket at Doc. #5 , under seal through the resolution of the matter, including through any appeals. An unsealed version of the Complaint shall not be made available to any person not permitted to review such documents, subject to further Order of the Court.Signed by Judge Douglas L Rayes on 3/12/22. (MAP)
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Filing 11
ORDER: IT IS ORDERED granting Defendant PepsiCo, Inc.'s #7 Unopposed Motion to Extend Responsive Pleading Deadline. The deadline for Defendant PepsiCo to answer or otherwise respond to Plaintiffs' complaint is extended to 7 days after the Court rules on PepsiCo's Motion to Stay Pending Arbitration. Ordered by Judge Douglas L Rayes on 3/12/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 10 *FILED at Doc. #15 *SEALED LODGED Proposed Motion to Stay and Exhibit A re: #9 MOTION to Seal Document #8 MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law (Unopposed). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by PepsiCo Incorporated. (Attachments: #1 Exhibit)(Burns, Catherine) *Modified on 3/14/2022 (MAP). |
| Filing 9 MOTION to Seal Document #8 MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law (Unopposed) by PepsiCo Incorporated. (Attachments: #1 Proposed Order)(Burns, Catherine) |
| Filing 8 MOTION to Stay Pending Arbitration and Incorporated Memorandum of Law by PepsiCo Incorporated. (Attachments: #1 Exhibit, #2 Proposed Order)(Burns, Catherine) |
| Filing 7 MOTION for Extension of Time to File Answer (Unopposed) by PepsiCo Incorporated. (Attachments: #1 Proposed Order)(Burns, Catherine) |
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Filing 6
ORDER - Pursuant to LRCiv 12.1(c), that motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) are discouraged. See attached Order for complete details. Signed by Judge Douglas L Rayes on 3/8/22. (SMH)
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| Filing 5 *FILED at Doc. #13 *SEALED LODGED Proposed Complaint re: #4 MOTION to Seal Document (Unopposed). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by PepsiCo Incorporated. (Burns, Catherine) *Modified on 3/14/2022 (MAP). |
| Filing 4 MOTION to Seal Document (Unopposed) by PepsiCo Incorporated. (Attachments: #1 Proposed Order)(Burns, Catherine) |
| Filing 3 Filing fee paid, receipt number AAZDC-20419101. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-22-353-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 2 Corporate Disclosure Statement by PepsiCo Incorporated. (Burns, Catherine) (MYE) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-001132. Filing fee received: $ 402.00, receipt number AAZDC-20419101 filed by PepsiCo Incorporated. (Burns, Catherine) (Attachments: #1 Exhibit A- Civil Cover Sheet, #2 Exhibit B- Supplemental Civil Cover Sheet, #3 Exhibit C- Declaration)(MYE) |
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