Pepsico, Inc. v. Vital Pharmaceuticals, Inc.
| PEPSICO, INC. |
| VITAL PHARMACEUTICALS, INC. doing business as VPX Sports |
| 0:2022cv60805 |
| April 27, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Rodney Smith |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 Motion to confirm arbitration award |
| None |
Docket Report
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Filing 46
ORDER OF DISMISSAL. Signed by Judge Rodolfo A. Ruiz, II on 6/23/2022. See attached document for full details. (ob)
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| Filing 45 Joint STIPULATION of Dismissal with Prejudice by Pepsico, Inc. (Soto, Edward) |
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Filing 44
PAPERLESS ORDER granting #42 Respondent's Expedited Motion to File Documents under Seal and Incorporated Memorandum of Law ("Motion"). Respondent is hereby authorized to file under seal an un-redacted version of its forthcoming Notice of Supplemental Authority and related exhibits. Such documents will remain sealed through the resolution of the matter, including through any appeals. Unsealed versions thereof shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 6/21/2022. (ob)
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| Filing 42 MOTION for Leave to File Respondent's Expedited Unopposed Motion to File Documents Under Seal and Incorporated Memorandum of Law by Vital Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Foster, Zachary) |
| Filing 41 Notice of Supplemental Authority Vital Pharmaceuticals, Inc.'s Notice of Supplemental Authority by Vital Pharmaceuticals, Inc. (Attachments: #1 Exhibit Exhibits 1-2) (Foster, Zachary) |
| SYSTEM ENTRY - Docket Entry 43 [misc] restricted/sealed until further notice. (1498658) |
| Filing 40 RESPONSE to #39 Notice of Supplemental Authority by Vital Pharmaceuticals, Inc.. (Foster, Zachary) |
| Filing 39 Notice of Supplemental Authority re #26 MOTION to Stay by Pepsico, Inc. (Attachments: #1 Exhibit A - Order of Dismissal of Arizona Action) (Soto, Edward) |
| Filing 38 REPLY to Response to Motion re #26 MOTION to Stay filed by Vital Pharmaceuticals, Inc.. (Foster, Zachary) |
| Filing 37 RESPONSE in Opposition re #26 MOTION to Stay filed by Pepsico, Inc.. Replies due by 6/15/2022. (Soto, Edward) |
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Filing 35
PAPERLESS ORDER granting #32 Respondent's Expedited Motion to File Documents under Seal and Incorporated Memorandum of Law ("Motion"). Respondent is hereby authorized to file under seal an un-redacted version of its Reply Brief in Support of Motion to Vacate and related exhibits under seal. Such documents will remain sealed through the resolution of the matter, including through any appeals. Unsealed versions thereof shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2022. (ob)
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| SYSTEM ENTRY - Docket Entry 36 [misc] restricted/sealed until further notice. (1498658) |
| Filing 34 NOTICE by VITAL PHARMACEUTICALS, INC. re #33 Reply to Response to Motion, #22 MOTION to Vacate and Incorporated Memorandum of Law (Attachments: #1 Affidavit Supplemental Declaration of Foster, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3) (Foster, Zachary) |
| Filing 33 REPLY to Response to Motion re #22 MOTION to Vacate and Incorporated Memorandum of Law filed by VITAL PHARMACEUTICALS, INC.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Foster, Zachary) |
| Filing 32 Expedited MOTION to Seal per Local Rule 5.4 by VITAL PHARMACEUTICALS, INC.. (Attachments: #1 Text of Proposed Order Ex A - proposed order) (Foster, Zachary) |
| SYSTEM ENTRY - Docket Entry 31 [misc] restricted/sealed until further notice. (516862) |
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Filing 30
PAPERLESS ORDER granting #29 Petitioner Pepsico, Inc.'s Unopposed Motion to File Documents Under Seal ("Motion"). Petitioner is hereby authorized to file under seal (1) the limited portions of PepsiCo's Reply In Support Of Petition To Confirm Arbitration Award And Opposition To Motion To Vacate Arbitration Award described in the Motion and (2) certain confidential arbitration filings attached as exhibits to the supporting Declaration of Brian Liegel. Such documents will remain sealed through the resolution of the matter, including through any appeals. Unsealed versions thereof shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 5/27/2022. (ob)
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| Filing 29 Unopposed MOTION to Seal per Local Rule 5.4 by PEPSICO, INC.. (Attachments: #1 Text of Proposed Order) (Soto, Edward) |
| Filing 28 RESPONSE in Opposition re #22 MOTION to Vacate and Incorporated Memorandum of Law (Redacted) filed by PEPSICO, INC.. Replies due by 6/2/2022. (Attachments: #1 Declaration of Brian Liegel, #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 6 (Filed Under Seal), #8 Exhibit 7 (Filed Under Seal), #9 Exhibit 8 (Filed Under Seal), #10 Exhibit 9 (Filed Under Seal), #11 Exhibit 10 (Filed Under Seal), #12 Exhibit 11 (Filed Under Seal), #13 Exhibit 12 (Filed Under Seal), #14 Exhibit 13 (Filed Under Seal), #15 Exhibit 14 (Filed Under Seal), #16 Exhibit 15 (Filed Under Seal), #17 Exhibit 16 (Filed Under Seal), #18 Exhibit 17 (Filed Under Seal), #19 Exhibit 18 (Filed Under Seal), #20 Exhibit 19 (Filed Under Seal), #21 Exhibit 20 (Filed Under Seal), #22 Exhibit 21 (Filed Under Seal))(Soto, Edward) |
| Filing 27 REPLY to #1 Motion (Complaint) to Confirm/Vacate/Modify or Correct Arbitration Award (Redacted) by PEPSICO, INC.. (Attachments: #1 Declaration of Brian Liegel, #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 6 (Filed Under Seal), #8 Exhibit 7 (Filed Under Seal), #9 Exhibit 8 (Filed Under Seal), #10 Exhibit 9 (Filed Under Seal), #11 Exhibit 10 (Filed Under Seal), #12 Exhibit 11 (Filed Under Seal), #13 Exhibit 12 (Filed Under Seal), #14 Exhibit 13 (Filed Under Seal), #15 Exhibit 14 (Filed Under Seal), #16 Exhibit 15 (Filed Under Seal), #17 Exhibit 16 (Filed Under Seal), #18 Exhibit 17 (Filed Under Seal), #19 Exhibit 18 (Filed Under Seal), #20 Exhibit 19 (Filed Under Seal), #21 Exhibit 20 (Filed Under Seal), #22 Exhibit 21 (Filed Under Seal))(Soto, Edward) |
| Filing 26 MOTION to Stay by VITAL PHARMACEUTICALS, INC.. Responses due by 6/8/2022 (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E)(Foster, Zachary) |
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Filing 25
PAPERLESS ORDER granting #23 Respondent's Expedited Unopposed Motion to File Documents Under Seal and Incorporated Memorandum of Law. Respondent is hereby authorized to file under seal an unredacted version of its Motion to Vacate and Incorporated Memorandum of Law, and related exhibits. Such documents will remain sealed through the resolution of the matter, including through any appeals. Unsealed versions thereof shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 5/13/2022. (ob)
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| Filing 23 Unopposed MOTION to Seal [Expedited] per Local Rule 5.4 by VITAL PHARMACEUTICALS, INC.. (Attachments: #1 Text of Proposed Order) (Foster, Zachary) |
| Filing 22 MOTION to Vacate and Incorporated Memorandum of Law by VITAL PHARMACEUTICALS, INC.. Responses due by 5/26/2022 (Attachments: #1 Exhibit Declaration of Zachary Foster, #2 Exhibit Declaration of J. Nickell)(Foster, Zachary) |
| Filing 21 NOTICE by VITAL PHARMACEUTICALS, INC. of Filing of Motion to Vacate Arbitration Award in Lieu of an Opposition to Pepsico, Inc.'s Petition to Confirm Arbitration Award (Foster, Zachary) |
| SYSTEM ENTRY - Docket Entry 24 [misc] restricted/sealed until further notice. (1498658) |
| SYSTEM ENTRY - Docket Entry 20 [misc] restricted/sealed until further notice. (516862) |
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Filing 19
PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Andrew S. Tulumello. Signed by Judge Rodolfo A. Ruiz, II on 5/4/2022. (ob)
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| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew S. Tulumello. Filing Fee $ 200.00 Receipt # AFLSDC-15610499 by PEPSICO, INC.. Responses due by 5/17/2022 (Attachments: #1 Certification of Andrew S. Tulumello, #2 Text of Proposed Order)(Soto, Edward) |
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Filing 17
PAPERLESS ORDER granting #12 Joint Motion to Enter Modified Briefing Schedule. By May 12, 2022, VPX will file any opposition to PepsiCo's petition, as well as any motion to vacate the arbitration award under the FAA. By May 26, 2022, PepsiCo will file any reply in support of its petition and any opposition to VPX's motion to vacate. By June 2, 2022, VPX will file any reply in support of its motion to vacate. Signed by Judge Rodolfo A. Ruiz, II on 5/3/2022. (ob)
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Filing 16
PAPERLESS ORDER granting #10 Petitioner PepsiCo, Inc.'s Unopposed Motion to File Arbitration Award under Seal. PepsiCo is hereby authorized to file under seal an unredacted version of the confidential arbitration Award, and the Award will remain sealed through the resolution of the matter. Unsealed versions thereof shall not be made available to any person not permitted to review such documents, subject to further Order of the Court. This Order is immediately enforceable upon its entry. The Court retains jurisdiction with respect to all matters arising from and related to the implementation of this Order. Signed by Judge Rodolfo A. Ruiz, II on 5/3/2022. (ob)
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Filing 15
PAPERLESS ORDER granting #14 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 5/3/2022. (ob)
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| Filing 14 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-15608290 by PEPSICO, INC.. Responses due by 5/17/2022 (Attachments: #1 Certification of Chantale Fiebig, #2 Text of Proposed Order)(Soto, Edward) |
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Filing 13
ORDER TRANSFERRING CASE to Judge Rodolfo A. Ruiz, II for all further proceedings, accepted and signed on 5/2/2022. Judge Rodney Smith no longer assigned to case Signed by Judge Rodney Smith on 4/29/2022. See attached document for full details. (ail)
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| Filing 12 Joint MOTION for Extension of Time To Enter Modified Briefing Schedule by PEPSICO, INC.. Responses due by 5/16/2022 (Attachments: #1 Text of Proposed Order)(Soto, Edward) |
| Filing 11 NOTICE of Attorney Appearance by Zachary Scott Foster on behalf of VITAL PHARMACEUTICALS, INC.. Attorney Zachary Scott Foster added to party VITAL PHARMACEUTICALS, INC.(pty:res). (Foster, Zachary) |
| Filing 10 MOTION to Seal per Local Rule 5.4 by PEPSICO, INC.. (Attachments: #1 Text of Proposed Order) (Soto, Edward) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by PEPSICO, INC. (Soto, Edward) |
| Filing 8 Summons Issued as to VITAL PHARMACEUTICALS, INC. (pes) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by PEPSICO, INC. (Soto, Edward) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by PEPSICO, INC. (Soto, Edward) |
| Filing 5 Bar Letter re: Admissions sent to attorney Andrew S. Tulumello, Chantale Fiebig and Geoffrey M. Sigler, mailing date April 27, 2022, (pt) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (jua) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (jua) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 1 Motion (Complaint) to Confirm Arbitration Award. Filing fee $402.00 receipt number AFLSDC-15592062, filed by PEPSICO, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Summon(s))(Soto, Edward) |
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