Merrifield v. Frito Lay, Inc.
| Whitney Merrifield |
| Frito Lay, Inc. |
| 3:2021cv00044 |
| January 13, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 CLERK'S JUDGMENT. Signed by Judge Stephen P. McGlynn on 3/9/2021.(cdc) |
Filing 18
ORDER re #17 Stipulation of Dismissal of All Claims with Prejudice: Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a Joint Motion for Dismissal filed by all the parties who have appeared in the action is effective immediately upon filing and does not require judicial approval. See e.g., Jenkins v. Village of Maywood, 506 F.3d 622, 624 (7th Cir. 2007). Plaintiff Whitney Merrifield's claims against Defendant Frito Lay, Inc. are DISMISSED with prejudice pursuant to the Voluntary Stipulation of Dismissal. The Clerk of the Court is DIRECTED to close the case on the Court's docket. Signed by Judge Stephen P. McGlynn on 3/9/2021. (cdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 STIPULATION of Dismissal (Voluntary Stipulation of Dismissal of All Claims with Prejudice) by Frito Lay, Inc.. (Brankin Urban, Grace) |
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Filing 16
60 DAY ORDER: The undersigned District Judge has been advised by counsel that this action is settled in its entirety, but the parties need additional time to finalize the settlement documents. Accordingly, the undersigned District Judge DIRECTS the Clerk of Court, 60 days after this Order is docketed, to ENTER JUDGMENT OF DISMISSAL with prejudice. Each party shall bear its own costs, unless otherwise provided in the settlement documents. If the parties fail to finalize the settlement within the 60-day period, they may--before that period expires--move to postpone entry of judgment to a later date. The #14 Joint Motion to Stay is GRANTED. Due to the settlement, the Court CANCELS all settings in this case. Responses due by April 12, 2021. Signed by Judge Stephen P. McGlynn on 2/9/2021. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 NOTICE REGARDING FILING re #14 Motion to Stay filed by Frito Lay, Inc. This Notice is sent for informational purposes only. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 Joint MOTION to Stay by Frito Lay, Inc.. (Urban, Grace) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 2/18/2021 at 9:30 AM before Judge Stephen P. McGlynn. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions to join the phone conference are as follows: Call toll free 1-888-684-8852, when prompted enter access code 6102338, when prompted enter the four-digit security code 9374. Signed by Judge Stephen P. McGlynn on 2/8/2021. (jsm2)
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| Filing 12 CJRA TRACK B assigned: Final Pretrial Conference set for 2/14/2022 at 9:00 AM in East St. Louis Courthouse before Judge Stephen P. McGlynn. Presumptive Trial month is March, 2022. Signed by Judge Stephen P. McGlynn on 2/8/2021. (jsm2) |
| Filing 11 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 21-44-SPM. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Urban, Grace) |
| Filing 9 NOTICE of Appearance by Grace L Urban on behalf of Frito Lay, Inc. (Urban, Grace) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Zinzilieta, Angie) |
| Filing 7 NOTICE of Appearance by Angie Marie Zinzilieta on behalf of Whitney Merrifield (Zinzilieta, Angie) |
| Filing 6 NOTICE OF ACTION: See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorneys Angie Zinzilieta and Brian Wendler do not have a Notice of Appearance on file in this case. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Frito Lay, Inc., Whitney Merrifield. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 21-44-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 2/4/2021 (amv) |
| Filing 4 Corporate Disclosure Statement by Frito Lay, Inc. identifying Corporate Parent Frito-Lay North America, Inc., Other Affiliate Rolling Frito-Lay Sales, LP, Other Affiliate PepsiCo, Inc., Other Affiliate Frito-Lay Sales, Inc. for Frito Lay, Inc.. (Hall, Elizabeth) |
| Filing 3 ANSWER to Complaint by Frito Lay, Inc..(Hall, Elizabeth) |
| Filing 2 NOTICE of Appearance by Elizabeth N. Hall on behalf of Frito Lay, Inc. (Hall, Elizabeth) |
| Filing 1 NOTICE OF REMOVAL from Madison County Circuit Court, IL, case number 2020-L-001731 ( Filing fee $ 402 receipt number 0754-4377527), filed by Frito Lay, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Hall, Elizabeth) |
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| Plaintiff: Whitney Merrifield | |
| Represented By: | Angie Marie Zinzilieta |
| Represented By: | Brian M. Wendler |
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| Defendant: Frito Lay, Inc. | |
| Represented By: | Elizabeth N. Hall |
| Represented By: | Grace L Brankin Urban |
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