Vital Pharmaceuticals, Inc. v. Pepsico, Inc.
| Vital Pharmaceuticals, Inc doing business as VPX Sports |
| Pepsico, Inc. |
| 0:2020cv62415 |
| November 25, 2020 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
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Filing 63
PAPERLESS ORDER granting #62 Defendant PepsiCo, Inc.'s Expedited Unopposed Motion to File Materials Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 1/22/2021. (as03)
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SYSTEM ENTRY - Docket Entry 64 [misc] restricted/sealed until further notice. (1854126)
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Filing 62
Unopposed EXPEDITED MOTION To File Materials Under Seal by Pepsico, Inc.. (Attachments: #1 Proposed Order)(Bahadue, Suria)
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Filing 61
REPLY to Response to Motion re #49 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Stay re #1 Complaint filed by Pepsico, Inc.. (Bahadue, Suria)
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Filing 59
PAPERLESS ORDER granting #58 Plaintiff's Unopposed Expedited Motion to File a Document Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 1/19/2021. (as03)
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Filing 58
Unopposed MOTION to Seal per Local Rule 5.4 by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order Ex A - proposed order) (Foster, Zachary)
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SYSTEM ENTRY - Docket Entry 60 [misc] restricted/sealed until further notice. (1498658)
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Filing 57
NOTICE by Vital Pharmaceuticals, Inc re #6 Plaintiff's MOTION for Preliminary Injunction Supplemental Filing in Support of Motion for Preliminary Injunction (Attachments: #1 Exhibit A) (Foster, Zachary)
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SYSTEM ENTRY - Docket Entry 56 [misc] restricted/sealed until further notice. (1498658)
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Filing 55
PAPERLESS ORDER granting #53 Plaintiff's Expedited Unopposed Motion to File Documents Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2021. (as03)
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Filing 54
RESPONSE in Opposition re #49 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Stay re #1 Complaint filed by Vital Pharmaceuticals, Inc. Replies due by 1/19/2021. (Foster, Zachary)
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Filing 53
Unopposed MOTION to Seal per Local Rule 5.4 by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order A) (Foster, Zachary)
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Motions terminated: #53 Unopposed MOTION to Seal per Local Rule 5.4 filed by Vital Pharmaceuticals, Inc. (as03)
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Filing 52
TRANSCRIPT of Telephonic Status Conference held on 12-22-2020 before Judge Rodolfo A. Ruiz, II, 1-42 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021. (gbx)
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Filing 50
PAPERLESS ORDER granting #48 Defendant PepsiCo, Inc.'s Expedited Unopposed Motion to File Materials Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2020. (as03)
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Filing 49
MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , MOTION to Stay re #1 Complaint by Pepsico, Inc.. Responses due by 1/11/2021 (Attachments: #1 Proposed Order)(Bahadue, Suria)
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Filing 48
Unopposed EXPEDITED MOTION to File Materials Under Seal by Pepsico, Inc.. (Attachments: #1 Proposed Order)(Bahadue, Suria)
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SYSTEM ENTRY - Docket Entry 51 [misc] restricted/sealed until further notice. (1854126)
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Filing 47
PAPERLESS ORDER granting in part and denying in part #46 Defendant PepsiCo, Inc.'s Expedited Motion to Extend Deadline to File Motion to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction. Defendant shall file its motion to dismiss or stay on or before December 28, 2020. If the Court does not dismiss or stay this proceeding, Defendant shall respond to Plaintiff's Motion for Preliminary Injunction one week after the Court rules on the motion to dismiss or stay. Signed by Judge Rodolfo A. Ruiz, II on 12/24/2020. (as03)
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Filing 46
EXPEDITED MOTION To Extend Deadline To File Motion To Dismiss And Opposition To Plaintiff's Motion For Preliminary Injunction by Pepsico, Inc.. (Attachments: #1 Proposed Order)(Bahadue, Suria)
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Filing 45
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 12/22/2020. Attorney Appearance(s): Suria Marie Bahadue, Valerie B. Greenberg, Andrew S. Tulumello, Allyson N. Ho, Geoffrey M. Sigler, Chantale Fiebig, Bradley G. Hubbard, Zachary Scott Foster, Daniel M. Janssen, Megan Hurley, Farzin Firoozni, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)
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Filing 44
PAPERLESS ORDER setting telephonic status conference for Tuesday, December 22, 2020 at 4:30 P.M. The parties are instructed to call 1-877-402-9753 by no later than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 12/21/2020. See attached document for full details. (as03)
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Filing 43
ORDER granting #14 Defendant's Expedited Motion to Confirm Arbitration Award. Signed by Judge Rodolfo A. Ruiz, II on 12/21/2020. See attached document for full details. (as03)
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Filing 42
NOTICE by Vital Pharmaceuticals, Inc re #41 Notice of Supplemental Authority Response to Notice (Foster, Zachary)
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Filing 41
Notice of Supplemental Authority by Pepsico, Inc. (Attachments: #1 Exhibit 1) (Bahadue, Suria)
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Filing 39
REPLY to Response to Motion re #14 EXPEDITED MOTION For Confirmation of Arbitration Award filed by Pepsico, Inc.. (Attachments: #1 Exhibit 1 (Declaration of Suria M. Bahadue)))(Bahadue, Suria)
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Filing 38
PAPERLESS ORDER granting #37 Defendant PepsiCo, Inc.'s Expedited Unopposed Motion to File Materials Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/14/2020. (as03)
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Filing 37
Unopposed EXPEDITED MOTION To File Materials Under Seal by Pepsico, Inc.. (Attachments: #1 Proposed Order)(Bahadue, Suria)
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SYSTEM ENTRY - Docket Entry 40 [misc] restricted/sealed until further notice. (1854126)
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Filing 35
RESPONSE in Opposition re #14 EXPEDITED MOTION For Confirmation of Arbitration Award filed by Vital Pharmaceuticals, Inc. Replies due by 12/18/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Foster, Zachary)
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Filing 34
PAPERLESS ORDER granting #33 Plaintiff's Unopposed Expedited Motion to File Documents Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/11/2020. (as03)
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Filing 33
Unopposed MOTION to Seal Opposition to Defendant's Expedited Motion to Confirm an Interim Arbitration Award per Local Rule 5.4 by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order proposed Order) (Foster, Zachary)
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SYSTEM ENTRY - Docket Entry 32 [misc] restricted/sealed until further notice. (1498658)
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SYSTEM ENTRY - Docket Entry 36 [misc] restricted/sealed until further notice. (1498658)
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Filing 31
PAPERLESS ORDER denying #27 Plaintiff's Motion for Expedited Briefing on Motion for Preliminary Injunction. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2020. (as03)
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Filing 30
PAPERLESS ORDER granting #28 Plaintiff's Expedited Unopposed Motion to File Documents Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2020. (as03)
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Filing 29
RESPONSE in Opposition re #27 MOTION to Expedite Briefing on Motion for Preliminary Injunction filed by Pepsico, Inc.. Replies due by 12/16/2020. (Bahadue, Suria)
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Filing 28
Unopposed EXPEDITED MOTION to File Documents Under Seal by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order proposed Order)(Foster, Zachary)
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Filing 27
MOTION to Expedite Briefing on Motion for Preliminary Injunction by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order proposed Order)(Foster, Zachary)
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Filing 26
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Vital Pharmaceuticals, Inc. Pepsico, Inc. served on 12/3/2020, answer due 12/28/2020. (Foster, Zachary)
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Filing 25
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Daniel M. Janssen. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 24
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Bradley G. Hubbard. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 23
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Chantale Fiebig. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 22
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Geoffrey M. Sigler. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 21
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Allyson N. Ho. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 20
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Andrew A. Tulumello. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 18
PAPERLESS ORDER granting #15 Defendant's Expedited Unopposed Motion to File Materials Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 17
PAPERLESS ORDER setting deadlines relating to #14 Defendant PepsiCo, Inc.'s Expedited Motion to Confirm Arbitration Award. Plaintiff shall file its response on or before Friday, December 11, 2020. Defendant shall file its reply on or before Monday, December 14, 2020. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2020. (as03)
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Filing 16
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel M. Janssen. Filing Fee $ 200.00 Receipt # AFLSDC-13999902 by Vital Pharmaceuticals, Inc. Responses due by 12/22/2020 (Attachments: #1 Exhibit A)(Foster, Zachary)
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Filing 15
Unopposed EXPEDITED MOTION To File Materials Under Seal by Pepsico, Inc.. (Attachments: #1 Proposed Order)(Bahadue, Suria) Modified event on 12/8/2020 (pes).
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Filing 14
EXPEDITED MOTION For Confirmation of Arbitration Award by Pepsico, Inc.. (Attachments: #1 Exhibit 1 (Award), #2 Exhibit 2 (Declaration of Suria M. Bahadue), #3 Proposed Order)(Bahadue, Suria)
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SYSTEM ENTRY - Docket Entry 19 [misc] restricted/sealed until further notice. (1854126)
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Filing 13
NOTICE of Attorney Appearance by Ari Gerstin on behalf of Pepsico, Inc.. Attorney Ari Gerstin added to party Pepsico, Inc.(pty:dft). (Gerstin, Ari)
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Filing 12
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bradley G. Hubbard. Filing Fee $ 200.00 Receipt # AFLSDC-13991047 by Pepsico, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification of Bradley G. Hubbard, #2 Text of Proposed Order)(Greenberg, Valerie)
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Filing 11
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Chantale Fiebig. Filing Fee $ 200.00 Receipt # AFLSDC-13990999 by Pepsico, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification Chantale Fiebig, #2 Text of Proposed Order)(Greenberg, Valerie)
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Filing 10
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Geoffrey M. Sigler. Filing Fee $ 200.00 Receipt # AFLSDC-13990958 by Pepsico, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification of Geoffrey M. Sigler, #2 Text of Proposed Order)(Greenberg, Valerie)
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Filing 9
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allyson N. Ho. Filing Fee $ 200.00 Receipt # AFLSDC-13990891 by Pepsico, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification of Allyson N. Ho, #2 Text of Proposed Order)(Greenberg, Valerie)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew A. Tulumello. Filing Fee $ 200.00 Receipt # AFLSDC-13990796 by Pepsico, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification of Andrew S. Tulumello, #2 Text of Proposed Order)(Greenberg, Valerie)
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Filing 7
NOTICE of Attorney Appearance by Valerie B. Greenberg on behalf of Pepsico, Inc.. Attorney Valerie B. Greenberg added to party Pepsico, Inc.(pty:dft). (Greenberg, Valerie)
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Filing 6
Plaintiff's MOTION for Preliminary Injunction by Vital Pharmaceuticals, Inc. (Attachments: #1 Affidavit Declaration of O'Meare, #2 Affidavit Declaration of Griffin, #3 Affidavit Declaration of Gali, #4 Affidavit Declaration of Haring)(Foster, Zachary)
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Filing 5
NOTICE of Attorney Appearance by Suria Marie Bahadue on behalf of Pepsico, Inc.. Attorney Suria Marie Bahadue added to party Pepsico, Inc.(pty:dft). (Bahadue, Suria)
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Filing 4
Corporate Disclosure Statement by Vital Pharmaceuticals, Inc (Foster, Zachary)
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Filing 3
Summons Issued as to Pepsico, Inc.. (mc)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc)
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Filing 1
COMPLAINT against Pepsico, Inc.. Filing fees $ 400.00 receipt number AFLSDC-13928022, filed by Vital Pharmaceuticals, Inc. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Foster, Zachary)
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