Frito-lay North America, Inc. All Natural Litigation
| Kelli Altman, Steve Berkowitz, Stayce Deaton, Kimberly Fleishman, David Foust, Julie Gengo, Deborah Lawson, Allan Mooney, Dennis Patrick, William Roman, Alyssa Schwartz, Chris Shake, Lisa Summerlin and Valarie Zuro |
| Frito-Lay North America, Inc. and Pepsico Inc |
| 1:2012md02413 |
| December 12, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L Mann |
| Roslynn R Mauskopf |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on March 16, 2015. A more recent docket listing may be available from PACER.
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ELECTRONIC ORDER granting # 91 Motion to Stay for Additional 31 Days. Ordered by Magistrate Judge Roanne L. Mann on 3/16/2015. (Maynard, Pat)
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| Filing 91 Joint MOTION to Stay for Additional 31 Days by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro. (Kelston, Henry) |
| Filing 90 NOTICE by Chris Shake OF CHANGE OF LAW FIRM NAME (Reese, Michael) |
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ELECTRONIC ORDER granting # 89 Motion to Stay. So Ordered by Magistrate Judge Roanne L. Mann on 2/2/2015. (Williams, Jennifer)
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| Filing 89 Joint MOTION to Stay for Additional Time by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro. (Kelston, Henry) |
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ELECTRONIC ORDER granting # 88 Motion to Stay. The Court so-orders the parties' joint request for a 60-day stay of all proceedings, to enable the parties to engage in private mediation. A status report and, if need be, an updated proposed schedule are due by February 2, 2015. The settlement conference scheduled for May 11, 2015 is adjourned sine die . Ordered by Magistrate Judge Roanne L. Mann on 12/8/2014. (Maynard, Pat)
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| Filing 88 Joint MOTION to Stay by Chris Shake. (Reese, Michael) |
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Filing 87
ENDORSED ORDER granting, with modification # 86 Motion for Extension of Time to Complete Discovery. A Settlement Conference is scheduled for May 11, 2015 at 9:30 a.m. (and May 12, 2015, if necessary). Ordered by Magistrate Judge Roanne L. Mann on 9/17/2014. (Maynard, Pat)
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| Filing 86 Joint MOTION for Extension of Time to Complete Discovery and Extend Case Management Schedule by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro. (Kelston, Henry) |
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Filing 85
ORDER finding as moot # 82 Motion to Compel. Having heard nothing further from the parties since their scheduled meet-and-confer on June 25, 2014, see Letter (June 24, 2014), Electronic Case Filing Docket Entry ("DE") #84, the Court presumes that they have resolved their discovery disputes. Defendant's June 16th motion to compel is therefore terminated as moot. Ordered by Magistrate Judge Roanne L. Mann on 8/5/2014. (Maynard, Pat)
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| Filing 84 Letter Informing the Court of Parties Scheduled Meet and Confer Regarding Dkts. 82 and 83 by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro (Kelston, Henry) |
| Filing 83 RESPONSE in Opposition re # 82 MOTION to Compel filed by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro. (Attachments: # 1 Exhibits to Plaintiffs' Opposition to Defendant's Motion To Compel) (Kelston, Henry) |
| Filing 82 Letter Motion to Compel by Frito-Lay North America, Inc. (Meltzer, Jason) Modified on 6/23/2014 (Greene, Donna). |
| Filing 81 STATUS REPORT and Joint Proposed Case Management Schedule by Chris Shake, Valarie Zuro (Kelston, Henry) |
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ORDER re # 81 Status Report filed by Valarie Zuro, Chris Shake. The Court adopts the parties' joint proposed modified schedule. The settlement conference will be held on February 2, 2015 at 9:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 5/28/2014. (Maynard, Pat)
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ORDER re # 80 Status Report filed by Frito-Lay North America, Inc. SO-ORDERED. Ordered by Magistrate Judge Roanne L. Mann on 5/23/2014. (Maynard, Pat)
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| Filing 80 STATUS REPORT and Joint Request For Leave To Submit Revised Case Management Schedule by Frito-Lay North America, Inc. (Meltzer, Jason) |
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ORDER granting # 79 Motion for Extension of Time to File proposed schedule until 5/22/2014. Ordered by Magistrate Judge Roanne L. Mann on 4/25/2014. (Maynard, Pat)
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| Filing 79 Joint MOTION for Extension of Time to File Joint Status And [Proposed] Order Extending Deadlines For Joint Status Report; And To Propose New Case Management Order by Julie Gengo, Deborah Lawson, Chris Shake, Valarie Zuro. (Tadler, Ariana) |
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Filing 78
ORDER re # 77 Stipulation filed by Frito-Lay North America, Inc. SO-ORDERED, with modification. The September 11, 2014 settlement conference is adjourned sine die . Ordered by Magistrate Judge Roanne L. Mann on 4/1/2014. (Maynard, Pat) (Main Document 78 replaced with correct attachment on 4/1/2014) (Maynard, Pat).
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| Filing 77 STIPULATION and [Proposed] Order Suspending Deadlines in Case Management Order by Frito-Lay North America, Inc. (Meltzer, Jason) |
| Filing 76 REDACTION to # 72 Transcript,, of Proceedings held on March 5, 2014 by Frito-Lay North America, Inc. (Katsur, Melanie) |
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Filing 75
ENDORSED ORDER granting # 74 Motion for Leave to Electronically File Document under Seal. As the parties are in agreement with respect to the proposed transcript redactions, the Court will allow the reference portions to be redacted. The movant is directed to Redact the Transcript, and re docket it using REDACTED DOCUMENT and link to docket entry # 72 . The order should also state that DE #72 should be restricted to Case Participant only. Ordered by Magistrate Judge Roanne L. Mann on 3/28/2014. (Maynard, Pat)
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| Filing 74 MOTION for Leave to Electronically File Document under Seal by Frito-Lay North America, Inc.. (Attachments: # 1 Consent Motion to Redact Transcript of March 5, 2014 Hearing) (Katsur, Melanie) |
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ELECTRONIC ORDER re # 73 Stipulation filed by Frito-Lay North America, Inc. SO ORDERED.Ordered by Magistrate Judge Roanne L. Mann on 3/10/2014. (Stone-Tharp, Alex)
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| Filing 73 STIPULATION AND [PROPOSED] ORDER REGARDING ADDITIONAL SEARCH PROTOCOL by Frito-Lay North America, Inc. (Meltzer, Jason) |
| Filing 72 TRANSCRIPT of Proceedings held on March 5, 2014, before Judge Mann. Court Transcriber: Transcriptions Plus II, Inc.. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/28/2014. Redacted Transcript Deadline set for 4/7/2014. Release of Transcript Restriction set for 6/5/2014. (Rocco, Christine) |
| Filing 71 Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann:denying 57 Motion for Protective Order; granting in part # 58 Motion to Compel; granting in part # 59 Motion to Compel; Motion Hearing held on 3/5/2014 re # 58 Letter MOTION to Compel Production of Documents (CORRECTED to replace App. A) filed by Deborah Lawson, Julie Gengo, Chris Shake, 57 Motion for Protective Order, Letter filed by Frito-Lay North America, Inc., # 59 Letter MOTION to Compel Production of Documents (CORRECTED to replace App. A) filed by Deborah Lawson, Julie Gengo, Chris Shake ( see attached ). (Maynard, Pat) |
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Filing 70
ORDER The parties are directed to ensure that representatives of counsels' in-house electronic discovery teams and their outside electronic discovery vendors who have been involved in the electronic discovery process in this case attend the conference scheduled for March 5, 2014 at 9:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 2/24/2014. (Maynard, Pat)
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Filing 69
ENDORSED ORDER granting on consent # 66 Motion to Adjourn Conference. The February 20th conference is adjourned to March 5, 2014 at 9:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2014. (Maynard, Pat)
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| Filing 68 TRANSCRIPT of Proceedings held on 2/5/14, before Judge Mann. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Hong, Loan) |
| Filing 67 TRANSCRIPT of Proceedings held on 2/4/14, before Judge Mann. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Hong, Loan) |
| Filing 66 MOTION to Adjourn Conference RE: Request to Reschedule In-Person Conference Concerning Cross-Motions Regarding Defendants ESI Search by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
| Filing 65 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone/Discovery Conference held on 2/5/2014. The Court discusses with the parties their discovery disputes and the upcoming deposition schedule. Both sides have agreed to adjourn this week's depositions and will further discuss next week's deposition schedule. An in-person conference concerning the parties' cross-motions regarding defendant's ESI search will be held on February 20, 2014 at 11:00 a.m. (Maynard, Pat) |
| Filing 64 Letter Joint Status Report Regarding Meet and Confer Following February 4, 2014 Teleconference with Court Regarding Depositions and Pending Discovery Disputes by Frito-Lay North America, Inc., Julie Gengo, Deborah Lawson, Chris Shake (Kelston, Henry) |
| Filing 63 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone/discovery Conference held on 2/4/2014. For the reasons stated on the record, the Court cautions plaintiffs about proceeding with Rule 30(b)(6) depositions this week, before the parties' pending discovery disputes have been resolved. The parties are directed to confer and to submit a status report by close of business today. (Maynard, Pat) |
| Filing 62 Letter RE: Depositions of Defendant Frito-Lay and Defendant's Employees by Julie Gengo, Deborah Lawson, Chris Shake (Kelston, Henry) |
| Filing 61 Letter MOTION for Protective Order RE: Plaintiffs' Opposition to Defendant's Request for Protective Order by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
| Filing 60 Letter in Opposition to Plaintiffs' Letter Motion to Compel (DE 58) by Frito-Lay North America, Inc. (Meltzer, Jason) |
| Filing 59 Letter MOTION to Compel Production of Documents (CORRECTED to replace App. A) by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
| Filing 58 Letter MOTION to Compel Production of Documents (CORRECTED to replace App. A) by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
| Filing 56 Letter Motion for Protective Order by Frito-Lay North America, Inc. (Meltzer, Jason) |
| Filing 55 Letter MOTION to Compel Production of Documents w Unredacted Exhibits by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
| Filing 54 Letter MOTION to Compel Production of Documents by Julie Gengo, Deborah Lawson, Chris Shake. (Kelston, Henry) |
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Filing 53
ORDER granting # 52 Motion for Leave to Appear Pro Hac Vice. This Order becomes effective upon the Court's receipt of the required $25.00 fee and confirms our appearance as counsel in this case. A notation of your admission pro hac vice in the above captioned case will be made on the roll of attorneys. Ordered by Magistrate Judge Roanne L. Mann on 12/4/2013. (Greene, Donna)
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| Filing 52 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6593733. by Frito-Lay North America, Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Katsur, Melanie) |
| Filing 51 AMENDED COMPLAINT Amended Consolidated Complaint against All Defendants, filed by Valarie Zuro, Julie Gengo, Chris Shake, Deborah Lawson. (Tadler, Ariana) |
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Filing 50
ORDER granting with modifications # 49 Motion for Extension of Time to File. The 4/8/2014 settlement conference is adjourned to 9/11/2014 ( see attached Endorsed Order ). Ordered by Magistrate Judge Roanne L. Mann on 12/3/2013. (Maynard, Pat)
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ORDER granting # 48 Motion to Withdraw # 46 Answer to Complaint ; granting # 48 Motion for Leave to File. Plaintiffs' motion filed on November 26, 2013 (ECF Docket Entry # 48) is granted in its entirety, without opposition. Plaintiffs are granted leave to file their proposed Amended Consolidated Complaint, DE #48-4, by December 16, 2013; as per the parties' agreement, Defendant's Answer to Plaintiffs' Consolidated Complaint, DE #46, is deemed to be the operative Answer to the Amended Consolidated Complaint. Ordered by Magistrate Judge Roanne L. Mann on 12/2/2013. (Maynard, Pat)
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| Filing 49 Joint MOTION for Extension of Time to File Documents by Frito-Lay North America, Inc.. (Attachments: # 1 Joint Request and Proposed Order For Extension of Case Management Schedule) (Meltzer, Jason) |
| Filing 48 MOTION to Withdraw Plaintiff Lisa Summerlin and Addition of Deborah Lawson as Plaintiff , MOTION for Leave to File Amended Complaint Reflecting Change of Plaintiff (Unopposed) by Julie Gengo, Chris Shake, Valarie Zuro, Deborah Lawson, Lisa Summerlin. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Henry J. Kelston, # 3 Exhibit A - Declaration of Lisa Summerlin, # 4 Exhibit B - Plaintiffs' Proposed Amended Consolidated Complaint, # 5 Exhibit C - Redlined Version of certain pages of Plaintiffs' Proposed Amended Consolidated Complaint) (Tadler, Ariana) |
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Filing 47
ENDORSED ORDER re # 45 Letter filed by Valarie Zuro, Julie Gengo, Chris Shake. The Court sees little point in proceeding on January 7th with a settlement conference that, in the view of one side, would be premature in light of the extended discovery and briefing schedule. Therefore, the settlement conference is adjourned to April 8, 2014 at 9:30 a.m. In the event plaintiffs would prefer to adjourn the conference until after defendants' experts have been deposed, they should so advise the Court, via ECF, by October 16, 2013. Ordered by Magistrate Judge Roanne L. Mann on 10/10/2013. (Williams, Jennifer)
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| Filing 46 ANSWER to Complaint by Frito-Lay North America, Inc.. (Meltzer, Jason) |
| Filing 45 Letter Regarding Settlement Conference by Julie Gengo, Chris Shake, Valarie Zuro (Kelston, Henry) |
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Filing 44
ORDER granting with modifications [43-1] Motion for Extension of Time to Complete Discovery. Counsel are directed to confer and to notify the Court, via ECF, by October 8, 2013, whether they are requesting a corresponding adjournment of the January 7, 2014 settlement conference. Ordered by Magistrate Judge Roanne L. Mann on 10/4/2013. (Maynard, Pat)
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| Filing 43 Joint MOTION for Extension of Time to Complete Discovery by Julie Gengo. (Attachments: # 1 Joint Request and [Proposed] Order for Extension of Case Management Deadlines) (Kelston, Henry) |
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Filing 42
ORDER granting, with modifications # 41 Motion for Protective Order (see attached). Ordered by Magistrate Judge Roanne L. Mann on 9/27/2013. (Maynard, Pat)
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| Filing 41 MOTION for Protective Order; Letter Regarding Proposed Stipulated Protective Order by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit Proposed Stipulated Protective Order) (Meltzer, Jason) as a motion on 9/27/2013 (Maynard, Pat). |
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Filing 40
ORDER re # 39 Letter filed by Frito-Lay North America, Inc. The parties' proposed stipulation and protective order requires clarification with respect to Paragraph 10, which governs "Inadvertent Production of Privileged or Otherwise Protected Material." The paragraph does not define "inadvertent," nor does it indicate whether the parties mean to incorporate the standards set forth in Rules 502(b) and (c) of the Federal Rules of Evidence. Accordingly, the parties should confer on this issue and by, September 26, 2013, submit a revised proposed protective order that modifies Paragraph 10 to clarify the parties' intention with respect to inadvertently produced discovery. Ordered by Magistrate Judge Roanne L. Mann on 9/23/2013. (Williams, Jennifer)
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| Filing 39 Letter Regarding Proposed Stipulated Protective Order by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit Proposed Stipulated Protective Order) (Meltzer, Jason) |
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Filing 38
MEMORANDUM AND ORDER in case 1:12-cv-00408-RRM-RLM; granting in part and denying in part (23) Motion to Dismiss in case 1:12-md-02413-RRM-RLM: For the reasons stated in the attached Memorandum and Order, defendants' motion to take judicial notice of certain documents is granted, and their motion to dismiss is granted in part and denied in part as follows: 1) All claims against defendant PepsiCo are dismissed without prejudice; 2) The Magnuson-Moss Warranty Act claim (Count I) is dismissed with prejudice; 3) The New York General Business Law claims (Counts II and III) are dismissed with prejudice only as to non-New York plaintiffs; 4) The New York warranty claim (Count VIII) is dismissed with prejudice only as to non-New York plaintiffs. This claim is otherwise dismissed without prejudice; 5) The Florida warranty claim (Count X) is dismissed without prejudice; 6) The New York intentional misrepresentation claim (Count XI) is dismissed with prejudice only as to non-New York plaintiffs. This claim is otherwise dismissed without prejudice; 7) The California and Florida intentional misrepresentation claims (Counts XII and XIII) are dismissed without prejudice; 8) To the extent the Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and Florida Deceptive and Unfair Trade Practices Act claims (Counts IV, V, VI, and VII) are predicated on "All Natural" representations appearing anywhere other than on the products' packaging, the claims are dismissed without prejudice; and 9) All other claims shall proceed consistent with this Memorandum and Order. Plaintiffs' request to amend is denied without prejudice to renew consistent with this Memorandum and Order. Discovery shall proceed pursuant to the Case Management Order under the supervision of the assigned magistrate judge. Ordered by Judge Roslynn R. Mauskopf on 8/29/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Mauskopf, Roslynn)
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Filing 37
ORDER re (21 in 1:12-md-02413-RRM-RLM) Order. The parties to the latter two above-captioned cases, which are now part of the MDL action pending in this District, In re Frito-Lay North America, Inc., All Natural Litigation, are directed to comply with all orders entered in that case, including but not limited to this Court's Case Management Order of May 1, 2013,setting discovery schedule. Ordered by Magistrate Judge Roanne L. Mann on 8/9/2013. (Maynard, Pat)
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| Filing 36 JPMDL Conditional Transfer Order: Pursuant to 28 U.S.C. 1407, these actions are transferred to the Eastern District of New York and, with the consent of that court, assigned to the Honorable Roslynn R. Mauskopf for inclusion in the coordinated or consolidated pretrial proceedings. (Attachments: # 1 Letter requesting case Transfer WD Arkansas, # 2 Letter requesting case Transfer Minnesota) (Marziliano, August) |
| Filing 35 Letter Regarding Additional Supplemental Authority in connection with Motion to Dismiss Consolidated Complaint by Frito-Lay North America, Inc., Pepsico Inc (Attachments: # 1 Exhibit A) (Meltzer, Jason) |
| Filing 34 Letter Regarding Additional Supplemental Authority in connection with Motion to Dismiss Consolidated Complaint by Frito-Lay North America, Inc., Pepsico Inc (Attachments: # 1 Exhibit A) (Meltzer, Jason) |
| Filing 33 Letter Regarding Additional Supplemental Authority in connection with Motion to Dismiss Consolidated Complaint by Frito-Lay North America, Inc., Pepsico Inc (Attachments: # 1 Exhibit A) (Meltzer, Jason) |
| Filing 32 Letter Regarding Supplemental Authority in connection with Motion to Dismiss Consolidated Complaint by Frito-Lay North America, Inc., Pepsico Inc (Attachments: # 1 Exhibit 1) (Meltzer, Jason) |
| Filing 31 NOTICE of Change of Michael Reese's email by Michael Robert Reese (Reese, Michael) |
| Filing 30 REPLY in Support re # 25 Notice(Other) of Motion to Take Judicial Notice filed by Frito-Lay North America, Inc., Pepsico Inc. (Meltzer, Jason) |
| Filing 29 REPLY in Support re # 23 Notice of MOTION to Dismiss Consolidated Complaint filed by Frito-Lay North America, Inc., Pepsico Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Meltzer, Jason) |
| Filing 28 MEMORANDUM in Opposition re # 25 Notice(Other) of Motion to Take Judicial Notice filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Meltzer, Jason) |
| Filing 27 MEMORANDUM in Opposition re # 23 Notice of MOTION to Dismiss Consolidated Complaint filed by All Plaintiffs. (Attachments: # 1 Declaration, # 2 Exhibit A) (Meltzer, Jason) |
| Filing 26 MEMORANDUM in Support re # 25 Notice(Other) of Motion to Take Judicial Notice filed by Frito-Lay North America, Inc., Pepsico Inc. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W) (Meltzer, Jason) |
| Filing 25 NOTICE by Frito-Lay North America, Inc., Pepsico Inc of Motion to Take Judicial Notice (Meltzer, Jason) |
| Filing 24 MEMORANDUM in Support re # 23 Notice of MOTION to Dismiss Consolidated Complaint filed by Frito-Lay North America, Inc., Pepsico Inc. (Meltzer, Jason) |
| Filing 23 Notice of MOTION to Dismiss Consolidated Complaint by Frito-Lay North America, Inc., Pepsico Inc. Responses due by 5/31/2013 (Meltzer, Jason) |
| Filing 22 TRANSCRIPT of Proceedings held on April 30, 2013, before Judge Mann. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2013. Redacted Transcript Deadline set for 6/6/2013. Release of Transcript Restriction set for 8/5/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Rocco, Christine) |
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Filing 21
ORDER re (20 in 1:12-md-02413-RRM-RLM) Proposed Scheduling Order filed by Pepsico Inc, Frito-Lay North America, Inc. SO-ORDERED. Ordered by Magistrate Judge Roanne L. Mann on 5/2/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Maynard, Pat)
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| Filing 20 Proposed Scheduling Order by Frito-Lay North America, Inc., Pepsico Inc (Attachments: # 1 Proposed Order) (Meltzer, Jason) |
| Filing 19 Minute Entry for Initial Conference held before Magistrate Judge Roanne L. Mann on 4/30/2013. The Court sets a schedule for discovery and class certification motions, and addresses the parties' disputes about the scope of discovery. The parties are directed to file a proposed order embodying the Court's rulings, by May 1, 2013. (Williams, Jennifer) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting (Attachments: # 1 Exhibit (INITIAL CONFERENCE QUESTIONNAIRE)) Associated Cases: 1:12-md-02413-RRM-RLM et al. (Reese, Michael) |
| Set/Reset Hearings: Due to a scheduling conflict, the court proceeding previously scheduled for Tuesday, April 30, 2013 at 4:00 p.m. will instead commence at 11:30 a.m. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Maynard, Pat) |
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Filing 17
ENDORSED ORDER granting # 16 Motion for Extension of Time to File initial conference questionnaire. Ordered by Magistrate Judge Roanne L. Mann on 4/24/2013. (Maynard, Pat)
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| Filing 16 Letter MOTION for Extension of Time to File Initial Conference Questionnaire by Julie Gengo, Chris Shake, Valarie Zuro. (Kelston, Henry) |
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Filing 15
ORDER in case 1:12-MD-2413-RRM-RLM; granting (14) the request for an extension of the deadline for serving initial disclosures is extendfed until May 7, 2013. The Motion to Appear by Telephone at the April 30th initial conference is conditionally granted (see attached order). Ordered by Magistrate Judge Roanne L. Mann on 4/23/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Maynard, Pat)
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| Filing 14 MOTION for Extension of Time to Complete Discovery and Appear by Telephone. Letter by Julie Gengo, Chris Shake, Valarie Zuro (Tadler, Ariana) Modified as a motion on 4/23/2013 (Maynard, Pat). |
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Filing 12
SCHEDULING ORDER: An initial scheduling conference will be held before Magistrate Judge Roanne L. Mann on April 30, 2013 at 4:00 PM in Courtroom 13C South. By April 22, 2013, counsel should meet and confer on matters specified herein and, by April 23, 2013, complete and file the attached questionnaire. The parties are also directed to meet and confer by April 22, 2013 on any outstanding discovery disputes. If the parties are not able to resolve their disputes, they should file, by April 23, 2013, a joint status letter outlining their disagreements. Any disputes will be addressed at the April 30th scheduling conference. Ordered by Magistrate Judge Roanne L. Mann on 4/11/2013. (Williams, Jennifer)
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ORDER: The request for additional pages [Doc. No. 11] is GRANTED. The defendants are allowed an additional ten pages in their opening brief. The plaintiffs are also allowed an additional ten pages in their opposition brief. The defendants are allowed an additional five pages in their reply brief. Ordered by Judge Roslynn R. Mauskopf on 4/11/2013. (Valentin, Winnethka)
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| Filing 11 Letter Requesting Additional Pages for Motion to Dismiss Briefing by Frito-Lay North America, Inc., Pepsico Inc (Meltzer, Jason) |
| Filing 13 Minute Entry for proceedings held before Judge Roslynn R. Mauskopf:Pre Motion Conference held on 4/4/2013. Briefing schedule on MTD issues and request to stay discovery denied. Briefing schedule set as follows: Defendants shall serve their motion papers by 4/19/13; Plaintiff shall serve opposition papers by 5/31/13; Defendants shall serve their reply papers, if any, on Plaintiff and file their fully briefed motion by 6/26/2013. (Court Reporter Michele Nardone.) (Valentin, Winnethka) |
| Filing 10 NOTICE of Appearance by Paul E. Dans on behalf of Valarie Zuro (aty to be noticed) (Dans, Paul) |
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Filing 9
ORDER granting (30) Motion to Withdraw Jeff S. Westerman as Attorney. in case 1:12-cv-00408-RRM-RLM. Ordered by Magistrate Judge Roanne L. Mann on 4/1/2013. Associated Cases: 1:12-md-02413-RRM-RLM, 1:12-cv-00408-RRM-RLM, 1:12-cv-00854-RRM-RLM, 1:12-cv-00885-RRM-RLM (Maynard, Pat)
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SCHEDULING ORDER: The Court will hold a pre-motion conference on April 4, 2013, at 10:30 a.m . Counsel for all parties must attend. The conference will take place before Judge Mauskopf in Courtroom 6A on the 6th floor of the South Wing, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel shall confer to ensure that all parties are aware of the date and time of the conference. Ordered by Judge Roslynn R. Mauskopf on 3/20/2013. (Valentin, Winnethka)
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| Filing 8 Letter pursuant to court order of March 7, 2013 by All Plaintiffs (Kelston, Henry) |
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ORDER: By March 11, 2013, plaintiffs shall file a letter(s) with the Court, not to exceed three pages, setting forth the legal and factual bases on which plaintiffs intend to rely in opposition to the defendants' proposed motion to dismiss. Upon receipt of this filing, the Court will further advise the parties as to whether a pre-motion conference is required. Ordered by Judge Roslynn R. Mauskopf on 3/7/2013. (Valentin, Winnethka)
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| Filing 7 Letter Requesting Pre-Motion Conference by Frito-Lay North America, Inc., Pepsico Inc (Meltzer, Jason) |
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ORDER re (5 in 1:12-md-02413-RRM-RLM) Notice(Other) filed by Pepsico Inc, Frito-Lay North America, Inc., Valarie Zuro, Julie Gengo, Chris Shake. So Ordered by Magistrate Judge Roanne L. Mann on 1/24/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Powers, Emily)
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| Filing 6 NOTICE by Julie Gengo, Chris Shake, Valarie Zuro re # 5 Notice(Other) CORRECTED Plaintiffs' Statement In Support Of Joint Request And [Proposed] Case Management Order (Re-filed Solely To Correct Party Associations) (Tadler, Ariana) |
| Filing 5 NOTICE by Frito-Lay North America, Inc., Julie Gengo, Pepsico Inc, Chris Shake, Valarie Zuro CORRECTED Joint Request And [Proposed] Case Management Order (Re-filed Solely To Correct Party Associations) (Tadler, Ariana) |
| Filing 4 NOTICE by All Plaintiffs re (19 in 1:12-cv-00854-RRM-RLM, 3 in 1:12-md-02413-RRM-RLM, 14 in 1:13-cv-00147-RRM-RLM, 24 in 1:12-cv-00885-RRM-RLM, 6 in 1:12-cv-06279-RRM-RLM, 28 in 1:12-cv-00408-RRM-RLM, 15 in 1:12-cv-06107-RRM-RLM, 5 in 1:12-cv-06281-RRM-RLM, 32 in 1:12-cv-05017-RRM-RLM, 21 in 1:12-cv-06106-RRM-RLM, 14 in 1:12-cv-06105-RRM-RLM, 32 in 1:12-cv-04638-RRM-RLM) Notice(Other),, Plaintiffs' Statement In Support Of Joint Request And [Proposed] Case Management Order Associated Cases: 1:12-md-02413-RRM-RLM et al. (Tadler, Ariana) |
| Filing 3 NOTICE by Frito-Lay North America, Inc., Julie Gengo, Valarie Zuro, Dennis Patrick, Kelli Altman, Frito-Lay North America, Inc., Kelli Altman, Steve Berkowitz, FRITO-LAY NORTH AMERICA, INC. ALL NATURAL LITIGATION, Kimberly Fleishman, David Foust, Dennis Patrick, Pepsico Inc, William Roman, Alyssa Schwartz, Chris Shake, Valarie Zuro, Steve Berkowitz, Frito-Lay North America, Inc., Frito Lay North America Inc, Julie Gengo, Pepsico, Inc., Chris Shake, David Foust, Frito-Lay North America, Inc., Alyssa Schwartz, Frito-Lay of North America, Inc Joint Request And [Proposed] Case Management Order Associated Cases: 1:12-md-02413-RRM-RLM et al. (Tadler, Ariana) |
| Filing 2 JPMDL Conditional Transfer Order CTO-1: Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of New York for the reasons stated in the order of December 12, 2012, and, with the consent of that court, assigned to the Honorable Roslynn R. Mauskopf. (Attachments: # 1 Transfer request, # 2 Transfer request) (Marziliano, August) |
| Filing 1 JPMDL Transfer Order: IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. 1407, the actions listed on Schedules A and B and pending outside the Eastern District of New York are transferred to the Eastern District of New York and, with the consent of that court, assigned to the Honorable Roslynn R. Mauskopf for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedules A and B. (Marziliano, August) (Additional attachment(s) added on 12/12/2012: # 1 Transfer Request sent to Florida Southern for Case number 12 CV 6105, # 2 Transfer request sent to Florida Southern regarding case number 12 CV 6106, # 3 Transfer Request sent to Illinois-Northern regarding 12 CV 6107) (Marziliano, August). (Additional attachment(s) added on 12/12/2012: # 4 Transfer Request sent to Illinois Northern for Case number 12 CV 6108) (Marziliano, August). |
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