Riseandshine Corporation v. PepsiCo, Inc.
Plaintiff / Appellee: Riseandshine Corporation, DBA Rise Brewing
Defendant / Appellant: PepsiCo, Inc.
Case Number: 21-2786
Filed: November 5, 2021
Court: U.S. Court of Appeals, Second Circuit
Nature of Suit: PROPERTY RIGHTS-Trademark

Opinions

We have the following opinions for this case:

Date Filed Description
July 22, 2022 Summary RiseandShine Corporation v. PepsiCo, Inc.

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Docket Report

This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2022 Opinion or Order Filing 177 OPPOSITION TO ITEMIZED BILL OF COSTS, [ # 174 ], on behalf of Appellee Riseandshine Corporation, FILED. Service date 08/19/2022 by CM/ECF. [3368385] [21-2786] [Entered: 08/19/2022 03:55 PM]
August 12, 2022 Opinion or Order Filing 176 JUDGMENT MANDATE, ISSUED.[3364206] [21-2786] [Entered: 08/12/2022 09:38 AM]
August 5, 2022 Opinion or Order Filing 174 ITEMIZED BILL OF COSTS, on behalf of Appellant PepsiCo, Inc., FILED. Service date 08/05/2022 by CM/ECF.[3360900] [21-2786] [Entered: 08/05/2022 02:16 PM]
July 22, 2022 Opinion or Order Filing 173 JUDGMENT, FILED.[3352430] [21-2786] [Entered: 07/22/2022 09:58 AM]
July 22, 2022 Opinion or Order Filing 168 NEW CASE MANAGER, Yenni Liu, ASSIGNED.[3352329] [21-2786] [Entered: 07/22/2022 08:53 AM]
July 22, 2022 Opinion or Order Filing 167 CERTIFIED ORDER, dated 07/22/2022, to SDNY, ISSUED.[3352327] [21-2786] [Entered: 07/22/2022 08:53 AM]
July 22, 2022 Opinion or Order Filing 166 OPINION, vacating the preliminary injunction, by PNL, DC, SJM, FILED.[3352326] [21-2786] [Entered: 07/22/2022 08:51 AM]
June 1, 2022 Opinion or Order Filing 165 CASE, before PNL, DC, SJM, HEARD.[3324311] [21-2786] [Entered: 06/01/2022 10:08 AM]
May 26, 2022 Opinion or Order Filing 164 ATTORNEY, Emily Chambers Welch for Riseandshine Corporation, in case 21-2786, [ # 163 ], ADDED.[3322272] [21-2786] [Entered: 05/26/2022 03:03 PM]
May 26, 2022 Opinion or Order Filing 163 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Riseandshine Corporation, FILED. Service date 05/26/2022 by CM/ECF. [3322262] [21-2786] [Entered: 05/26/2022 02:56 PM]
May 23, 2022 Opinion or Order Filing 161 INSTRUCTIONS FOR ARGUMENT, to attorneys/parties, TRANSMITTED.[3319676] [21-2786] [Entered: 05/23/2022 12:37 PM]
April 19, 2022 Opinion or Order Filing 160 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee Riseandshine Corporation, FILED. Service date 04/19/2022 by email. [3299600] [21-2786] [Entered: 04/19/2022 01:20 PM]
April 13, 2022 Opinion or Order Filing 159 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellant PepsiCo, Inc., FILED. Service date 04/13/2022 by CM/ECF. [3296459] [21-2786] [Entered: 04/13/2022 06:31 PM]
April 13, 2022 Opinion or Order Filing 158 ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED.[3296038] [21-2786] [Entered: 04/13/2022 11:39 AM]
April 8, 2022 Opinion or Order Filing 157 CASE CALENDARING, for argument on 06/01/2022, SET.[3294066] [21-2786] [Entered: 04/08/2022 04:14 PM]
March 22, 2022 Opinion or Order Filing 156 CASE CALENDARING, for the week of 05/31/2022, PROPOSED.[3282168] [21-2786] [Entered: 03/22/2022 11:00 AM]
March 14, 2022 Opinion or Order Filing 148 FINAL FORM REPLY BRIEF, on behalf of Appellant PepsiCo, Inc., FILED. Service date 03/14/2022 by CM/ECF. [3277509] [21-2786] [Entered: 03/14/2022 04:12 PM]
March 14, 2022 Opinion or Order Filing 147 FINAL FORM BRIEF, on behalf of Appellant PepsiCo, Inc., FILED. Service date 03/14/2022 by CM/ECF. [3277505] [21-2786] [Entered: 03/14/2022 04:09 PM]
March 14, 2022 Opinion or Order Filing 146 FINAL FORM BRIEF, on behalf of Appellee Riseandshine Corporation, FILED. Service date 03/14/2022 by CM/ECF. [3277349] [21-2786] [Entered: 03/14/2022 01:54 PM]
March 2, 2022 Opinion or Order Filing 145 MOTION ORDER, granting joint motion to supplement the record on appeal, [ # 137 ], filed by Appellant PepsiCo, Inc., by MP, FILED. [3270052][145] [21-2786] [Entered: 03/02/2022 10:32 AM]
February 28, 2022 Opinion or Order Filing 142 SPECIAL APPENDIX, on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/28/2022 by CM/ECF.[3268901] [21-2786] [Entered: 02/28/2022 05:24 PM]
February 28, 2022 Opinion or Order Filing 141 DEFERRED APPENDIX, volume 2 of 2, (pp. 256-495) on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/28/2022 by CM/ECF.[3268899] [21-2786] [Entered: 02/28/2022 05:22 PM]
February 28, 2022 Opinion or Order Filing 140 DEFERRED APPENDIX, volume 1 of 2, (pp. 1-255) on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/28/2022 by CM/ECF.[3268895] [21-2786] [Entered: 02/28/2022 05:19 PM]
February 23, 2022 Opinion or Order Filing 137 MOTION, to supplement record on appeal, on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/23/2022 by CM/ECF. [3266077] [21-2786] [Entered: 02/23/2022 12:44 PM]
February 22, 2022 Opinion or Order Filing 136 PAGE PROOF REPLY BRIEF, on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/22/2022 by CM/ECF. [3265212] [21-2786] [Entered: 02/22/2022 02:33 PM]
February 14, 2022 Opinion or Order Filing 134 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Dale Cendali, Esq. for Appellant PepsiCo, Inc., FILED. Service date 02/14/2022 by CM/ECF. [3260883] [21-2786] [Entered: 02/14/2022 06:32 PM]
February 14, 2022 Opinion or Order Filing 132 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Paul Tanck for Appellee Riseandshine Corporation, FILED. Service date 02/14/2022 by email. [3260537] [21-2786] [Entered: 02/14/2022 12:55 PM]
February 11, 2022 Opinion or Order Filing 131 MOTION ORDER, granting joint motion to extend time to 02/28/2022 to file the deferred joint appendix and to 03/14/2022 to file the final-form briefs, [ # 128 ], filed by Appellant PepsiCo, Inc., FILED. [3259687][131] [21-2786] [Entered: 02/11/2022 10:59 AM]
February 9, 2022 Opinion or Order Filing 128 MOTION, to extend time, on behalf of Appellant PepsiCo, Inc., FILED. Service date 02/09/2022 by CM/ECF. [3258579] [21-2786] [Entered: 02/09/2022 08:38 PM]
February 1, 2022 Opinion or Order Filing 126 CURED DEFECTIVE: PAGE PROOF BRIEF, [ # 125 ], on behalf of Appellee Riseandshine Corporation, FILED.[3253646] [21-2786] [Entered: 02/01/2022 11:49 AM]
February 1, 2022 Opinion or Order Filing 125 PAGE PROOF BRIEF, on behalf of Appellee Riseandshine Corporation, FILED. Service date 02/01/2022 by CM/ECF. [3253626] [21-2786] [Entered: 02/01/2022 11:38 AM]
February 1, 2022 Opinion or Order Filing 124 DEFECTIVE DOCUMENT, PAGE PROOF BRIEF, [123], on behalf of Appellee Riseandshine Corporation, FILED.[3253396] [21-2786] [Entered: 02/01/2022 09:31 AM]
January 31, 2022 Opinion or Order Filing 123 PAGE PROOF BRIEF, on behalf of Appellee Riseandshine Corporation, FILED. Service date 01/31/2022 by CM/ECF. [3253255] [21-2786] [Entered: 01/31/2022 07:26 PM]
January 31, 2022 Opinion or Order Filing 122 ATTORNEY, A. Colin Wexler, for Appellee Riseandshine Corporation, TERMINATED.[3252457] [21-2786] [Entered: 01/31/2022 11:12 AM]
January 31, 2022 Opinion or Order Filing 121 LETTER, on behalf of Appellee Riseandshine Corporation, in re: I previously represented Appellee Riseandshine Corporation in connection with the original district court action filed in the U.S. District Court for the Northern District of Illinois. I no longer represent Appellee in this appeal. I therefore request that I be removed as counsel of record for Appellee. Previously entered counsel from Alston & Bird remain Appellee's counsel of record, RECEIVED. Service date 01/31/2022 by CM/ECF.[3252423] [21-2786]--[Edited 01/31/2022 by EMC] [Entered: 01/31/2022 10:55 AM]
January 5, 2022 Opinion or Order Filing 114 ORDER, dated 01/05/2022, so-ordering parties' stip re deferred appendix FILED.[3238432] [21-2786] [Entered: 01/05/2022 03:57 PM]
January 5, 2022 Opinion or Order Filing 111 NON-DISPOSITIVE STIPULATION, re: DEFERRED APPENDIX, RECEIVED. Service date 01/05/2022 by CM/ECF.[3237812] [21-2786]--[Edited 01/05/2022 by EMC] [Entered: 01/05/2022 09:59 AM]
December 27, 2021 Opinion or Order Filing 108 PAGE PROOF BRIEF, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/27/2021 by CM/ECF. [3233779] [21-2786] [Entered: 12/27/2021 04:53 PM]
December 23, 2021 Opinion or Order Filing 106 NON-DISPOSITIVE STIPULATION, re: DEFERRED APPENDIX, RECEIVED. Service date 12/23/2021 by CM/ECF, email.[3232846] [21-2786]--[Edited 12/27/2021 by BM] [Entered: 12/23/2021 02:56 PM]
December 22, 2021 Opinion or Order Filing 105 CURED DEFECTIVE: ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, [ # 104 ], on behalf of Appellant PepsiCo, Inc., FILED.[3232713] [21-2786] [Entered: 12/22/2021 04:17 PM]
December 22, 2021 Opinion or Order Filing 104 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/22/2021 by email.[3232703] [21-2786] [Entered: 12/22/2021 04:10 PM]
December 22, 2021 Opinion or Order Filing 103 DEFECTIVE DOCUMENT, NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, [102], on behalf of Appellant PepsiCo, Inc., FILED.[3232531] [21-2786] [Entered: 12/22/2021 01:51 PM]
December 22, 2021 Opinion or Order Filing 102 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/22/2021 by email. [3232487] [21-2786] [Entered: 12/22/2021 01:20 PM]
December 22, 2021 Opinion or Order Filing 101 ATTORNEY, Julie M.K. Siegal, [ # 97 ], in place of attorney Timothy S. Durst, SUBSTITUTED.[3232067] [21-2786] [Entered: 12/22/2021 08:51 AM]
December 22, 2021 Opinion or Order Filing 100 ATTORNEY, Luke Budiardjo [ # 96 ], in place of attorney Anton Metlitskyy, SUBSTITUTED.[3232065] [21-2786] [Entered: 12/22/2021 08:50 AM]
December 21, 2021 Opinion or Order Filing 99 LETTER, on behalf of Appellant PepsiCo, Inc., in re: My partner Timothy Durst and I no longer represent Appellant PepsiCo in this appeal. We therefore request that we be removed as counsel of record for Appellant on this appeal, and that attorneys from Kirkland & Ellis LLP be substituted as counsel, RECEIVED. Service date 12/21/2021 by CM/ECF.[3231950] [21-2786]--[Edited 12/22/2021 by EMC] [Entered: 12/21/2021 05:10 PM]
December 20, 2021 Opinion or Order Filing 97 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/20/2021 by email. [3231205] [21-2786] [Entered: 12/20/2021 06:10 PM]
December 20, 2021 Opinion or Order Filing 96 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/20/2021 by email. [3231203] [21-2786] [Entered: 12/20/2021 06:08 PM]
December 20, 2021 Opinion or Order Filing 95 CAMP ORDER, Type of Conference: Amended Telephonic, Scheduled Date of Conference: 01/11/2022, Start Time: 2:00 PM, Required Attendees: Clients with Counsel, with Kathleen M. Scanlon, ENTERED.[3231177] [21-2786] [Entered: 12/20/2021 04:52 PM]
December 20, 2021 Opinion or Order Filing 94 MOTION ORDER, denying motion for removal from the Expedited Calendar; setting forth briefing schedule [ # 79 ] filed by Appellee Riseandshine Corporation, by RDS, JFB, SRU, FILED. [3231017][94] [21-2786] [Entered: 12/20/2021 02:11 PM]
December 16, 2021 Opinion or Order Filing 90 CURED DEFECTIVE: LETTER, [ # 89 ], on behalf of Appellant PepsiCo, Inc., FILED.[3229210] [21-2786] [Entered: 12/16/2021 10:47 AM]
December 16, 2021 Opinion or Order Filing 89 LETTER, on behalf of Appellant PepsiCo, Inc., pursuant to this Courts Order of 12/07/2021, the parties hereby submit the following statement regarding the briefing schedule for this appeal, RECEIVED. Service date 12/16/2021 by CM/ECF.[3229204] [21-2786]--[Edited 12/16/2021 by EMC] [Entered: 12/16/2021 10:39 AM]
December 16, 2021 Opinion or Order Filing 88 DEFECTIVE DOCUMENT, LETTER, [87], on behalf of Appellant PepsiCo, Inc., FILED.[3229166] [21-2786] [Entered: 12/16/2021 10:08 AM]
December 14, 2021 Opinion or Order Filing 87 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant PepsiCo, Inc., informing Court of proposed due date 12/20/2021, RECEIVED. Service date 12/14/2021 by CM/ECF.[3228413] [21-2786] [Entered: 12/14/2021 09:25 PM]
December 14, 2021 Opinion or Order Filing 85 REPLY TO OPPOSITION [ # 83 ], on behalf of Appellee Riseandshine Corporation, FILED. Service date 12/14/2021 by email.[3228272][85] [21-2786] [Entered: 12/14/2021 04:02 PM]
December 14, 2021 Opinion or Order Filing 83 OPPOSITION TO MOTION, [ # 79 ], on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/14/2021 by CM/ECF. [3227657] [21-2786] [Entered: 12/14/2021 09:53 AM]
December 13, 2021 Opinion or Order Filing 80 CAMP ORDER, Type of Conference: Amended Telephonic, Scheduled Date of Conference: 01/10/2022, Start Time: 2:30 PM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[3227111] [21-2786] [Entered: 12/13/2021 01:20 PM]
December 13, 2021 Opinion or Order Filing 79 MOTION, to remove the case from the Expedited Appeals Calendar, on behalf of Appellee Riseandshine Corporation, FILED. Service date 12/13/2021 by email. [3227099] [21-2786]--[Edited 12/13/2021 by EMC] [Entered: 12/13/2021 01:12 PM]
December 7, 2021 Opinion or Order Filing 78 CERTIFIED ORDER, dated 12/07/2021, to Southern District of New York, ISSUED.[3224461] [21-2786] [Entered: 12/07/2021 04:15 PM]
December 7, 2021 Opinion or Order Filing 77 EXPEDITED, See Order dated 12/07/2021, entry #76. The parties are directed to submit a proposed briefing schedule (or alternative proposed schedules) within seven days, FILED.[3224449] [21-2786] [Entered: 12/07/2021 04:10 PM]
December 7, 2021 Opinion or Order Filing 76 MOTION ORDER, denying Appellant's motion to stay, and the temporary stay ordered by the applications judge is TERMINATED, [ # 10 ] filed by Appellant PepsiCo, Inc., by RDS, JFB, SRU, FILED. [3224445][76] [21-2786] [Entered: 12/07/2021 04:05 PM]
December 3, 2021 Opinion or Order Filing 73 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant PepsiCo, Inc. Brief due date as 12/20/2021. Joint Appendix due date as 12/20/2021, FILED.[3222157] [21-2786] [Entered: 12/03/2021 10:59 AM]
December 3, 2021 Opinion or Order Filing 70 ATTORNEY, Dale Cendali for PepsiCo, Inc., in case 21-2786, [ # 68 ], ADDED.[3221951] [21-2786] [Entered: 12/03/2021 09:12 AM]
December 2, 2021 Opinion or Order Filing 69 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant PepsiCo, Inc., informing Court of proposed due date 12/20/2021, RECEIVED. Service date 12/02/2021 by CM/ECF.[3221800] [21-2786] [Entered: 12/02/2021 07:13 PM]
December 2, 2021 Opinion or Order Filing 68 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant PepsiCo, Inc., FILED. Service date 12/02/2021 by CM/ECF. [3221790] [21-2786] [Entered: 12/02/2021 05:56 PM]
November 30, 2021 Opinion or Order Filing 67 SUBMITTED NOTICE, to attorneys/parties, TRANSMITTED.[3219298] [21-2786] [Entered: 11/30/2021 08:55 AM]
November 22, 2021 Opinion or Order Filing 64 NEW CASE MANAGER, Evelyn Cruz, ASSIGNED.[3216201] [21-2786] [Entered: 11/22/2021 12:18 PM]
November 22, 2021 Opinion or Order Filing 61 CURED DEFECTIVE ACKNOWLEDGMENT AND NOTICE OF APPEARANCE [ # 56 ], [ # 58 ], on behalf of Appellee Riseandshine Corporation, FILED.[3215871] [21-2786] [Entered: 11/22/2021 08:58 AM]
November 19, 2021 Opinion or Order Filing 60 CAMP ORDER, Type of Conference: Amended Telephonic, Scheduled Date of Conference: 01/14/2022, Start Time: 2:00 PM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[3215597] [21-2786] [Entered: 11/19/2021 03:13 PM]
November 18, 2021 Opinion or Order Filing 59 CAMP ORDER, Type of Conference: Telephonic, Scheduled Date of Conference: 01/12/2022, Start Time: 2:00 PM, Required Attendees: Clients with Counsel, with Dean W.M. Leslie, ENTERED.[3214909] [21-2786] [Entered: 11/18/2021 04:23 PM]
November 18, 2021 Opinion or Order Filing 58 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Riseandshine Corporation, FILED. Service date 11/18/2021 by CM/ECF.[3214904] [21-2786] [Entered: 11/18/2021 04:21 PM]
November 18, 2021 Opinion or Order Filing 56 DEFECTIVE DOCUMENT, Acknowledgment and Notice of Appearance, [54], on behalf of Appellee Riseandshine Corporation, FILED.[3214798] [21-2786] [Entered: 11/18/2021 03:31 PM]
November 18, 2021 Opinion or Order Filing 54 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Riseandshine Corporation, FILED. Service date 11/18/2021 by CM/ECF.[3214670] [21-2786] [Entered: 11/18/2021 02:18 PM]
November 18, 2021 Opinion or Order Filing 53 FORM D, on behalf of Appellant PepsiCo, Inc., FILED. Service date 11/18/2021 by CM/ECF.[3214113] [21-2786] [Entered: 11/18/2021 09:25 AM]
November 18, 2021 Opinion or Order Filing 52 FORM C, on behalf of Appellant PepsiCo, Inc., FILED. Service date 11/18/2021 by CM/ECF.[3214094] [21-2786] [Entered: 11/18/2021 09:16 AM]
November 17, 2021 Opinion or Order Filing 51 FIRST SUPPLEMENTAL ELECTRONIC INDEX, in lieu of record, FILED.[3213476] [21-2786] [Entered: 11/17/2021 02:12 PM]
November 14, 2021 Opinion or Order Filing 47 REPLY TO OPPOSITION [ # 38 ], [ # 25 ], on behalf of Appellant PepsiCo, Inc., FILED. Service date 11/14/2021 by CM/ECF.[3210507][47] [21-2786] [Entered: 11/14/2021 05:55 PM]

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Search for this case: Riseandshine Corporation v. PepsiCo, Inc.
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Plaintiff / appellee: Riseandshine Corporation, DBA Rise Brewing
Represented By: Kirk T. Bradley
Represented By: Jason Demian Rosenberg Esq.
Represented By: Holly Saporito Esq.
Represented By: Paul Tanck
Represented By: A. Colin Wexler Esq.
Represented By: Emily Chambers Welch Esq.
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Defendant / appellant: PepsiCo, Inc.
Represented By: Anton Metlitsky
Represented By: Timothy S. Durst
Represented By: Macey Reasoner Stokes Esq.
Represented By: Christopher Tutunjian Esq.
Represented By: Dale Cendali Esq.
Represented By: Luke Budiardjo
Represented By: Julie M.K. Siegal
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