Richey v. Pepsico Beverage Sales, LLC et al
| Donald Richey |
| Kroger Limited Partnership I doing business as King Soopers, Inc., Pepsico Beverage Sales, LLC, Kroger Co., The and Dillon Companies, LLC doing business as King Soopers, Inc. |
| 1:2024cv02868 |
| October 16, 2024 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 20
MINUTE ORDER: In light of the #19 Notice of Settlement, the parties shall file appropriate dismissal documents on or before December 16, 2024. By Magistrate Judge Maritza Dominguez Braswell on 11/14/2024. Text Only Entry (mdblc5)
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| Filing 19 NOTICE of Settlement by Defendants Pepsico Beverage Sales, LLC, Dillon Companies, LLC, Kroger Co., The, Kroger Limited Partnership I, Plaintiff Donald Richey (Jay, Lindsey) |
| Filing 18 NOTICE of Entry of Appearance by Lindsey Warren Jay on behalf of Pepsico Beverage Sales, LLC, Dillon Companies, LLC, Kroger Co., The, Kroger Limited Partnership IAttorney Lindsey Warren Jay added to party Pepsico Beverage Sales, LLC(pty:dft), Attorney Lindsey Warren Jay added to party Dillon Companies, LLC(pty:dft), Attorney Lindsey Warren Jay added to party Kroger Co., The(pty:dft), Attorney Lindsey Warren Jay added to party Kroger Limited Partnership I(pty:dft) (Jay, Lindsey) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Kroger Co., The for Kroger Co., The. (Pratt, Katherine) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Kroger Limited Partnership I for Kroger Limited Partnership I. (Pratt, Katherine) |
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Filing 15
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 12/11/2024. Proposed Scheduling Order due 12/11/2024. By Magistrate Judge Maritza Dominguez Braswell on 1018/2024. (evaug)
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Filing 14
MINUTE ORDER: Defendant Dillon Companies, LLC removed this case to federal court pursuant to 28 U.S.C. 1332(a). See ECF #1 . Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Accordingly, it is ORDERED that within seven days of each parties appearance in this matter they shall file a Rule 7.1 disclosure statement. By Magistrate Judge Maritza Dominguez Braswell on 10/18/2024. Text Only Entry (mdblc1)
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| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Kroger Co. for Dillon Companies, LLC. (Pratt, Katherine) |
| Filing 12 Defendants Dillon Companies, LLC, The Kroger Company, and Kroger Limited Partnership I d/b/a King Soopers, Inc. ANSWER to #8 Amended Complaint and Jury Demand by Dillon Companies, LLC, Kroger Co., The.(Pratt, Katherine) |
| Filing 11 NOTICE of Entry of Appearance by Robert Alan Zahradnik-Mitchell on behalf of Dillon Companies, LLC, Kroger Co., The, Kroger Limited Partnership IAttorney Robert Alan Zahradnik-Mitchell added to party Dillon Companies, LLC(pty:dft), Attorney Robert Alan Zahradnik-Mitchell added to party Kroger Co., The(pty:dft), Attorney Robert Alan Zahradnik-Mitchell added to party Kroger Limited Partnership I(pty:dft) (Zahradnik-Mitchell, Robert) |
| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) |
| Filing 9 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (agryan) |
| Filing 8 AMENDED COMPLAINT against Dillon Companies, LLC, Kroger Co., The, Kroger Limited Partnership I, Pepsico Beverage Sales, LLC, filed by Donald Richey.(agryan) |
| Filing 7 AFFIDAVIT of Service of District Court Civil Summons, Complaint, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-claim or Third-Party Complaint and Jury Demand upon Dillon Companies, LLC d/b/a King Soopers, Inc. and The Kroger Co. and Kroger Limited Partnership I d/b/a King Soopers, Inc. on 09/17/2024 (Attachments: #1 Affidavit of Service)(agryan) |
| Filing 6 AFFIDAVIT of Service of District Court Civil Summons, Complaint, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-claim, or Third-Party Complaint and Jury Demand upon Pepsi Co. Incorporated on 09/13/2024 (agryan) |
| Filing 5 COMPLAINT against Dillon Companies, LLC, Kroger Co., The, Kroger Limited Partnership I, Pepsico Beverage Sales, LLC, filed by Donald Richey.(agryan) |
| Filing 4 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agryan) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (agryan) |
| Filing 2 NOTICE of Errata by Defendant DILLON COMPANIES, INC., d/b/a KING SOOPERS, INC. (Attachments: #1 Exhibit Ex. M - Certificate of Good Standing and Periodic Report for The Kroger Co. from the Colorado Secretary of State, #2 Exhibit Ex. N - Pepsi Certificate of Good Standing and Periodic Report from the Colorado Secretary of State)(Pratt, Katherine) |
| Filing 1 NOTICE OF REMOVAL by DILLON COMPANIES, INC., d/b/a KING SOOPERS, INC. from El Paso County District Court, Case Number 24CV31722. (Filing fee $ 405, Receipt Number ACODC-9934310), filed by DILLON COMPANIES, INC., d/b/a KING SOOPERS, INC.. (Attachments: #1 Exhibit Ex. A - Complaint, #2 Exhibit Ex. B - Simmons on Pepsi Co., Dillon Companies, and The Kroger Co., #3 Exhibit Ex. C - Return of Service on Pepsi Co. Incorporated, #4 Exhibit Ex. D - Return of Service on Dillon Companies, #5 Exhibit Ex. E - Return of Service on The Kroger Co., #6 Exhibit Ex. F - District Court Civil Case Cover Sheet, #7 Exhibit Ex. G - Amended Complaint, #8 Exhibit Ex. H - El Paso County Property Records, #9 Exhibit Ex. I - Colorado Secretary of State Voter Registration Information- REDACTED, #10 Exhibit Ex. J - Incident Report - REDACTED, #11 Exhibit Ex. K - Certificate of Good Standing and Periodic Report for Dillon Companies, LLC from the Colorado Secretary of State, #12 Exhibit Ex. L - Dillon Corporate Disclosure Statement, #13 Exhibit Ex. M - Certificate of Good Standing and Periodic Report for The Kroger Co. from the Colorado Secretary of State, #14 Exhibit Ex. N - Pepsi Certificate of Good Standing and Periodic Report from the Colorado Secretary of State, #15 Exhibit Ex. O - Docket Sheet from the State Court Action, #16 Exhibit Ex. P - EOAs of KMP and RZM, #17 Civil Cover Sheet, #18 Supplemental Civil Cover Sheet)(Pratt, Katherine) |
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