David Gumner v. PepsiCo, Inc.
| David Gumner |
| PepsiCo, Inc. |
| 8:2023cv00332 |
| February 24, 2023 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Karen E Scott |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
ORDER by Judge Cormac J. Carney: Granting #39 Defendant's MOTION to Dismiss [Dkt. 39] with leave to Amend. Gumner must file any amended complaint by October 19, 2023. Failure to timely file an amended complaint will result in dismissal with prejudice. (twdb)
|
| Filing 41 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #39 filed by Defendant PepsiCo, Inc.. (Tulumello, Andrew) |
| Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #39 filed by Plaintiff David Gumner. (Joseph, Paul) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities filed by Defendant PepsiCo, Inc.. Motion set for hearing on 10/16/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Andrew S. Tulumello, #2 Exhibit A - Redline, #3 Proposed Order) (Tulumello, Andrew) |
|
Filing 38
ORDER by Judge Cormac J. Carney, Approving Stipulation to Extend Time to Respond to Second Amended Complaint and to Set Briefing Schedule on Pepsico, Inc.'s Motion to Dismiss (More than 30 days) #37 . PepsiCo's deadline to file its answer or otherwise respond to Plaintiffs SAC shall be extended to August 31, 2023; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
|
| Filing 37 STIPULATION for Extension of Time to File Answer to 8/31/2023 re Amended Complaint/Petition #34 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
|
Filing 36
ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp)
|
|
Filing 35
SCHEDULING ORDER by Judge Cormac J. Carney. Class Certification Motion Deadline July 22, 2024. Discovery cut-off 12/19/2024. LAST DATE TO HEAR MOTIONS is 2/17/2025. Last date to conduct settlement conference is 1/2/2025. Pretrial Conference set for 4/21/2025 at 3:00 p.m. Jury Trial set for 4/29/2025 at 8:30 a.m. (rrp)
|
| Filing 34 SECOND AMENDED COMPLAINT against Defendant PepsiCo, Inc. amending Amended Complaint/Petition #22 , filed by Plaintiff David Gumner(Joseph, Paul) |
|
Filing 33
ORDER by Judge Cormac J. Carney: Granting #26 Defendant's MOTION to Dismiss with Leave to Amend (Dkt.26). For the foregoing reasons, PepsiCos motion is GRANTED WITH LEAVE TO AMEND. Gumner must file any amended complaint by August 17, 2023. (twdb) .
|
| Filing 32 REPLY in support of Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint filed by Defendant PepsiCo, Inc.. (Tulumello, Andrew) |
| Filing 31 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #26 filed by Defendant PepsiCo, Inc.. (Tulumello, Andrew) |
| Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff David Gumner.. (Joseph, Paul) |
| Filing 29 Objection in Opposition to Request for Judicial Notice re: NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #26 filed by Plaintiff David Gumner. (Joseph, Paul) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #26 filed by Plaintiff David Gumner. (Joseph, Paul) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #26 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Proposed Order)(Tulumello, Andrew) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities filed by Defendant PepsiCo, Inc.. Motion set for hearing on 8/7/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Tulumello, Andrew) |
|
Filing 25
ORDER by Judge Cormac J. Carney, Approving Stipulation to Extend Time to Respond to First Amended Complaint and to Set Briefing Schedule on Pepsico, Inc.'s Motion to Dismiss (More than 30 days) #23 . PepsiCo's deadline to file its answer or respond shall be extended to 6/16/23; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
|
| Filing 23 STIPULATION for Extension of Time to File Answer to 06/16/2023 re Amended Complaint/Petition #22 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: Denying #17 MOTION to Dismiss As Moot [Dkt. 17]. (twdb) |
| Filing 22 FIRST AMENDED COMPLAINT against Defendant PepsiCo, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff David Gumner(Joseph, Paul) |
| Filing 20 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on July 27, 2023. (rrp) |
|
Filing 21
ORDER by Judge Cormac J. Carney, Approving Stipulation to Set Briefing Schedule on Pepsico, Inc.'s Motion to Dismiss #19 . 1. Plaintiff s deadline to file his brief in opposition to PepsiCo's motion to dismiss shall be May 19, 2023; and 2. PepsiCo's deadline to file its reply in support of its motion to dismiss shall be June 2, 2023. (twdb)
|
| Filing 19 STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #17 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #17 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Tulumello, Andrew) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities filed by Defendant PepsiCo, Inc.. Motion set for hearing on 6/26/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Tulumello, Andrew) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
|
Filing 15
ORDER Granting Stipulation to Extend Time to Answer (More than 30 days) #12 , by Judge Cormac J. Carney. Deadline for Defendant to Respond to Plaintiff's Complaint Shall be Extended to 4/28/23. (twdb)
|
| Filing 14 NOTICE of Appearance filed by attorney Claire Lockerby Chapla on behalf of Defendant PepsiCo, Inc. (Attorney Claire Lockerby Chapla added to party PepsiCo, Inc.(pty:dft))(Chapla, Claire) |
| Filing 13 NOTICE of Interested Parties filed by Defendant PepsiCo, Inc., (Tulumello, Andrew) |
| Filing 12 STIPULATION for Extension of Time to File Answer to 04/28/2023 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant PepsiCo, Inc.. (Attachments: #1 Proposed Order)(Tulumello, Andrew) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to PepsiCo, Inc. answer now due 4/24/2023, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant PepsiCo, Inc..(Tulumello, Andrew) |
| Filing 10 NOTICE of Appearance filed by attorney Andrew S Tulumello on behalf of Defendant PepsiCo, Inc. (Attorney Andrew S Tulumello added to party PepsiCo, Inc.(pty:dft))(Tulumello, Andrew) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff David Gumner, upon Defendant PepsiCo, Inc. served on 3/2/2023, answer due 3/23/2023. Service of the Summons and Complaint were executed upon Sarai Marin, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Flynn, Trevor) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant PepsiCo, Inc. (jtil) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (jtil) |
| Filing 4 CERTIFICATE of Interested Parties filed by plaintiff David Gumner, (Joseph, Paul) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff David Gumner. (Joseph, Paul) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff David Gumner. (Joseph, Paul) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34850378 - Fee: $402, filed by Plaintiff David Gumner. (Attorney Paul K. Joseph added to party David Gumner(pty:pla))(Joseph, Paul) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
