Sparks v. Monster Beverage Corporation et al
Plaintiff: Justin Sparks
Defendant: Monster Beverage Corporation, Monster Energy Company, The Coca-Cola Company, Inc., American Fruits and Flavors, LLC, Coca-Cola Consolidated, Inc., Coca-Cola Refreshments USA, Inc. and Coca-Cola Beverages Northeast, Inc.
Case Number: 6:2022cv00767
Filed: July 21, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Brenda K Sannes
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2022 Filing 13 LETTER BRIEF re Plaintiff Domicile by Monster Energy Company. (Iemma, Joseph)
September 14, 2022 Filing 12 NOTICE of Appearance by Joseph Iemma on behalf of Monster Energy Company (Attachments: #1 Affirmation Iemma Affirmation, #2 Affidavit Schlesinger Affidavit w COGS, #3 Proposed Order/Judgment Proposed Order)(Iemma, Joseph)
September 14, 2022 Filing 11 NOTICE of Appearance by Joseph Iemma on behalf of Monster Energy Company (Attachments: #1 Affirmation Iemma Affirmation, #2 Affidavit Miles Affidavit and COGS, #3 Proposed Order/Judgment Proposed Order)(Iemma, Joseph)
September 7, 2022 Opinion or Order Filing 10 TEXT ORDER: The Rule 16 Initial Conference is continued to 10/3/2022 at 1:00 p.m., via telephone conference, before Magistrate Judge Miroslav Lovric. The Civil Case Management Plan must be filed by 9/26/2022. Deadline for Mandatory Disclosures to be exchanged by the parties will be addressed and scheduled at the Rule 16 conference. No later than 9/19/2022, (1) Defendant Monster Energy Company shall file a status report addressing whether complete diversity exists in this case and providing specific details, as discussed at the telephone conference, (2) attorney Jeffrey G. Tompkins, Esq, shall file a status report advising as to representation of Plaintiff in this matter and shall comply with Notice of Admission Requirement Dkt. No. 6, and (3) Plaintiff Justin Sparks shall file a letter with the Court advising whether he is represented by counsel or intends to proceed pro se in this matter. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/7/2022. (copy served upon Jeffrey G. Tompkins, Esq. via email and upon Plaintiff Justin Sparks by regular mail) (jdp)
September 7, 2022 Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a Rule 16 Initial Conference was held on 9/7/2022. The Court was unable to conduct a rule 16 conference as a result of counsel for Plaintiff having failed to appear at the conference, having failed to file notice of appearance in this matter, and Plaintiff otherwise having failed to appear in the case. Additionally, counsel for Plaintiff has failed to comply with Notice of Admission Requirement #6 . The Rule 16 conference is continued to 10/3/2022 at 1:00 p.m. Appearances: J. Iemma, for Defendant Monster Energy Company. (copy served upon Jeffrey G. Tompkins, Esq. via email and upon Plaintiff Justin Sparks by regular mail) (jdp )
August 31, 2022 Filing 9 STATUS REPORT by Monster Energy Company. (Attachments: #1 Exhibit(s) 1 - Email re Notice of Entry of Filing Order)(Iemma, Joseph)
August 19, 2022 Opinion or Order Filing 8 TEXT ORDER: the Clerk of the Court is directed to STRIKE #7 Defendant Monster Energy's Notice of Entry as there is no such a "Notice of Entry" in the Federal Rules of Civil Procedure or any other applicable rules in this Court. Doe v. King, 20-CV-2331, 2021 WL 4198275, at *6 (S.D.N.Y. Sept. 13, 2021); see also General Order 22 (Procedural Order on Electronic Case Filing). SO ORDERED by Magistrate Judge Miroslav Lovric on 8/19/2022. (jdp )
August 19, 2022 CLERK'S CORRECTION OF DOCKET ENTRY: Clerk mistaken misunderstood the Notice filed by Monster Energy Company as a Civil Case Management Plan. Clerk mislabel the Notice and then relabeled the document back as a Notice. (jdp )
August 18, 2022 Filing 7 ***STRICKEN PURSUANT TO THE COURTS 8 ORDER***Notice of Entry by Monster Energy Company (Iemma, Joseph) Modified on 8/18/2022 (jdp ). Modified on 8/19/2022 (jdp ). Modified on 8/19/2022 (jdp).
July 21, 2022 Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party Justin Sparks; Attorney Jeffrey G. Tompkins, Esq, Email address is jefftompkins18@outlook.com. Phone number is (315) 271-9030. Admissions due by 8/5/2022. (mgh) Modified on 7/22/2022 Notice of Admission Requirement sent via email to Plaintiff's counsel(mgh).
July 21, 2022 Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/7/2022 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/31/2022. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) Modified on 7/22/2022 to reflect the correct filing date.(mgh).
July 21, 2022 Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Monster Energy Company identifying Corporate Parent Monster Beverage Corporation for Monster Energy Company. (mgh)
July 21, 2022 Filing 3 ANSWER to Second Amended Complaint by Monster Energy Company.(mgh)
July 21, 2022 Filing 2 STATE COURT COMPLAINT (2nd Amended) relating to #1 Notice of Removal, filed by Plaintiff(s) in Oneida County Supreme Court. (Attachments: #1 Original State Court Summons & Complaint)(mgh)
July 21, 2022 Filing 1 NOTICE OF REMOVAL from Oneida County Supreme Court, case number EFCA2021-001398 (Filing fee $402 receipt number ANYNDC-5974619) filed by Monster Energy Company. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 State Court Summons with Notice, #4 State Court Notice of Partial Discontinuance, #5 State Court Stipulation of Discontinuance)(mgh)

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Plaintiff: Justin Sparks
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Defendant: Monster Beverage Corporation
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Defendant: Monster Energy Company
Represented By: Joseph Iemma
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Defendant: The Coca-Cola Company, Inc.
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Defendant: American Fruits and Flavors, LLC
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Defendant: Coca-Cola Consolidated, Inc.
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Defendant: Coca-Cola Refreshments USA, Inc.
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Defendant: Coca-Cola Beverages Northeast, Inc.
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