Riseandshine Corporation v. Pepsico, Inc.
Plaintiff: Riseandshine Corporation doing business as Rise Brewing
Defendant: Pepsico Inc.
Case Number: 1:2021cv06324
Filed: July 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2021 Opinion or Order Filing 121 ORDER granting #120 Letter Motion for Conference re: #120 LETTER MOTION for Conference re: #103 Memorandum of Law in Opposition to Motion / PepsiCo's Renewed Request for Evidentiary Hearing addressed to Judge Lorna G. Schofield from Timothy S. Durst dated September 17, 2021. It is hereby ORDERED that, Defendants request for an evidentiary hearing is GRANTED. The Court is available to proceed with the evidentiary hearing on September 30, 2021, at 2:15 p.m. The hearing will be by video and the parties are responsible for arranging a suitable platform. The parties should make any logistical arrangements with the Courtroom Deputy, Mr. James Street, at 212-805-4553. The Court will allot no more than two hours per side. (As further set forth in this Order.) Evidentiary Hearing set for 9/30/2021 at 02:15 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/21/2021) (cf)
September 17, 2021 Opinion or Order Filing 120 LETTER MOTION for Conference re: #103 Memorandum of Law in Opposition to Motion / PepsiCo's Renewed Request for Evidentiary Hearing addressed to Judge Lorna G. Schofield from Timothy S. Durst dated September 17, 2021. Document filed by Pepsico Inc...(Durst, Timothy)
September 15, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #119 MOTION for Lauren R. Timmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25059897. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 14, 2021 Opinion or Order Filing 119 MOTION for Lauren R. Timmons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25059897. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Lauren R.. Timmons, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Timmons, Lauren)
August 27, 2021 Opinion or Order Filing 118 ORDER denying #117 LETTER MOTION for Leave to File Additional Declarations regarding Rise Brewing's Reply in Support of Its Motion for Preliminary Injunction. Plaintiff's application to file additional declarations in support of its motion for preliminary injunction is DENIED. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/26/2021) (jca)
August 26, 2021 Opinion or Order Filing 117 LETTER MOTION for Leave to File Additional Declarations regarding Rise Brewing's Reply in Support of Its Motion for Preliminary Injunction addressed to Judge Lorna G. Schofield from Paul Tanck dated 8/26/2021. Document filed by Riseandshine Corporation..(Tanck, Paul)
August 25, 2021 Opinion or Order Filing 116 DECLARATION of Holly Hawkins Saporito in Support re: #81 MOTION for Preliminary Injunction .. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A).(Tanck, Paul)
August 25, 2021 Opinion or Order Filing 115 DECLARATION of Leon Kaplan in Support re: #81 MOTION for Preliminary Injunction .. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A).(Tanck, Paul)
August 25, 2021 Opinion or Order Filing 114 DECLARATION of Alex Tanev in Support re: #81 MOTION for Preliminary Injunction .. Document filed by Riseandshine Corporation..(Tanck, Paul)
August 25, 2021 Opinion or Order Filing 113 DECLARATION of Allison Schmidt in Support re: #81 MOTION for Preliminary Injunction .. Document filed by Riseandshine Corporation..(Tanck, Paul)
August 25, 2021 Opinion or Order Filing 112 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION for Preliminary Injunction . . Document filed by Riseandshine Corporation..(Tanck, Paul)
August 18, 2021 Opinion or Order Filing 111 NOTICE of Parties' Attempt to Reach Interim Solution re: #109 Order,,, Set Deadlines/Hearings,,. Document filed by Pepsico Inc...(Durst, Timothy)
August 12, 2021 Opinion or Order Filing 110 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at October 7, 2021 at 10:40 a.m. The conference will be telephonic. DATE AND PLACE OF CONFERENCE: October 7, 2021 at 10:40 a.m., to be held telephonically in accordance with the instructions on the first page of this order. And as set forth herein. Initial Conference set for 10/7/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/12/2021) (ama)
August 11, 2021 Opinion or Order Filing 109 ORDER: It is hereby ORDERED that, the hearing is ADJOURNED to September 9, 2021, at 11:45 a.m. It is further ORDERED that, by August 25, 2021, Plaintiff shall file a reply. It is further ORDERED that, by August 18, 2021, the parties shall meet and confer to attempt to negotiate an interim solution and shall file a letter apprising the Court of the results of their discussions. (As further set forth in this Order.) ( Replies due by 8/25/2021., Telephone Conference set for 9/9/2021 at 11:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/11/2021) (cf)
August 10, 2021 Opinion or Order Filing 108 DECLARATION of Emily Pyclik in Opposition re: #81 MOTION for Preliminary Injunction .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, Part 1 of 2, #4 Exhibit C, Part 2 of 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G).(Durst, Timothy)
August 10, 2021 Opinion or Order Filing 107 DECLARATION of Melissa Pittaoulis in Opposition re: #81 MOTION for Preliminary Injunction .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3).(Durst, Timothy)
August 10, 2021 Opinion or Order Filing 106 DECLARATION of Philip Johnson in Opposition re: #81 MOTION for Preliminary Injunction .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A, #2 ExhibitA-1, #3 Exhibit A-2, #4 Exhibit A-3).(Durst, Timothy)
August 10, 2021 Opinion or Order Filing 105 DECLARATION of Kathryn Walker in Opposition re: #81 MOTION for Preliminary Injunction .. Document filed by Pepsico Inc...(Durst, Timothy)
August 10, 2021 Opinion or Order Filing 104 DECLARATION of Fabiola Torres in Opposition re: #81 MOTION for Preliminary Injunction .. Document filed by Pepsico Inc...(Durst, Timothy)
August 10, 2021 Opinion or Order Filing 103 MEMORANDUM OF LAW in Opposition re: #81 MOTION for Preliminary Injunction . . Document filed by Pepsico Inc...(Durst, Timothy)
August 9, 2021 Opinion or Order Filing 102 ANSWER to #80 Amended Complaint with JURY DEMAND. Document filed by Pepsico Inc...(Durst, Timothy)
August 9, 2021 Opinion or Order Filing 101 MEMO ENDORSEMENT granting #97 Motion to Withdraw as Attorney. ENDORSEMENT: The application is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 97 and to terminate Mr. Quinn's receipt of ECF notices regarding this case. So Ordered. Attorney Thomas B. Quinn terminated. (Signed by Judge Lorna G. Schofield on 8/9/2021) (vfr)
August 9, 2021 Opinion or Order Filing 100 MEMO ENDORSEMENT granting #95 Motion to Withdraw as Attorney. ENDORSEMENT: The application is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 95 and to terminate Ms. Hemeryck's receipt of ECF notices regarding this case. So Ordered. Attorney Sondra Hemeryck and Sondra A. Hemeryck terminated. (Signed by Judge Lorna G. Schofield on 8/9/2021) (vfr)
August 6, 2021 Opinion or Order Filing 99 ORDER granting #96 Motion for Jason D. Rosenberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
August 6, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #96 MOTION for Jason D. Rosenberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 5, 2021 Opinion or Order Filing 98 ORDER granting #88 Motion for Susan Kennedy to Appear Pro Hac Vice; granting #89 Motion for Timothy S. Durst to Appear Pro Hac Vice; and granting #93 Motion for Holly H. Saporito to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
August 5, 2021 Opinion or Order Filing 97 MOTION for Thomas B. Quinn to Withdraw as Attorney . Document filed by Pepsico Inc...(Hemeryck, Sondra)
August 5, 2021 Opinion or Order Filing 96 MOTION for Jason D. Rosenberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Rosenberg, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Rosenberg, Jason)
August 5, 2021 Opinion or Order Filing 95 MOTION for Sondra A. Hemeryck to Withdraw as Attorney . Document filed by Pepsico Inc...(Hemeryck, Sondra)
August 5, 2021 Opinion or Order Filing 94 MEMO ENDORSED ORDER granting #90 Motion to Withdraw as Attorney. ENDORSEMENT: Ms. Brummel's motion to withdraw as counsel to Defendant PepsiCo, Inc. (Dkt. No. 90) is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 90 and terminate Ms. Brummel's receipt of ECF filing notices regarding this case. So Ordered. Attorney Valerie Brummel and Valerie Brummel terminated. (Signed by Judge Lorna G. Schofield on 8/5/2021) (va)
August 5, 2021 Opinion or Order Filing 93 MOTION for Holly H. Saporito to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24892117. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Saporito, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Saporito, Holly)
August 5, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #93 MOTION for Holly H. Saporito to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24892117. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 4, 2021 Opinion or Order Filing 92 DECLARATION of Valerie Brummel in Support re: #90 MOTION for Valerie Brummel to Withdraw as Attorney .. Document filed by Pepsico Inc...(Brummel, Valerie)
August 4, 2021 Opinion or Order Filing 91 MEMO ENDORSEMENT with respect to #90 MOTION for Valerie Brummel to Withdraw as Attorney. ENDORSEMENT: Pursuant to Local Rule 1.4, Ms. Brummel shall file by August 6, 2021, a supplemental letter stating whether she is asserting a retaining or charging lien. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/4/2021) (jca)
August 3, 2021 Opinion or Order Filing 90 MOTION for Valerie Brummel to Withdraw as Attorney . Document filed by Pepsico Inc...(Brummel, Valerie)
August 2, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #86 MOTION for Jason D. Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24867403. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois and Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
August 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #89 MOTION for Timothy S. Durst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24871627. Motion and supporting papers to be reviewed by Clerk's Office staff., #88 MOTION for Susan Kennedy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24871589. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 30, 2021 Opinion or Order Filing 89 MOTION for Timothy S. Durst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24871627. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Text of Proposed Order).(Durst, Timothy)
July 30, 2021 Opinion or Order Filing 88 MOTION for Susan Kennedy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24871589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Text of Proposed Order).(Kennedy, Susan)
July 30, 2021 Opinion or Order Filing 87 NOTICE OF APPEARANCE by Paul J. Reilly on behalf of Pepsico Inc...(Reilly, Paul)
July 30, 2021 Opinion or Order Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason D. Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24867403. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Rosenberg, #2 Text of Proposed Order, #3 Certificates of Good Standing).(Rosenberg, Jason) Modified on 8/2/2021 (wb).
July 28, 2021 Opinion or Order Filing 85 ORDER DENIED as moot #84 Letter Motion for Conference re: #84 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Paul Tanck dated July 26, 2021. By August 10, 2021, Defendant shall file any opposition to Plaintiff's motion for preliminary injunction (Dkt. No. 81). Plaintiff should not file a reply unless requested and will have an opportunity to respond orally during the hearing. On August 13, 2021, at 10:40 a.m., a hearing will be held. The hearing will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. Plaintiff's request for an interim conference to discuss a hearing date is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Docket No. 84. SO ORDERED. Telephone Conference set for 8/13/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/27/2021) (jca)
July 27, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #83 Proposed Order was reviewed and approved as to form. (dt)
July 26, 2021 Opinion or Order Filing 84 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Paul Tanck dated July 26, 2021. Document filed by Riseandshine Corporation..(Tanck, Paul)
July 26, 2021 Opinion or Order Filing 83 PROPOSED ORDER. Document filed by Riseandshine Corporation. Related Document Number: #81 ..(Tanck, Paul) Proposed Order to be reviewed by Clerk's Office staff.
July 26, 2021 Opinion or Order Filing 82 MEMORANDUM OF LAW in Support re: #81 MOTION for Preliminary Injunction . . Document filed by Riseandshine Corporation..(Tanck, Paul)
July 26, 2021 Opinion or Order Filing 81 MOTION for Preliminary Injunction . Document filed by Riseandshine Corporation..(Tanck, Paul)
July 26, 2021 Opinion or Order Filing 80 FIRST AMENDED COMPLAINT amending #1 Complaint against Pepsico Inc. with JURY DEMAND.Document filed by Riseandshine Corporation. Related document: #1 Complaint. (Attachments: #1 Exhibit A - Patent and Trademark Information).(Tanck, Paul)
July 26, 2021 Opinion or Order Filing 79 NOTICE OF APPEARANCE by Neal Joseph McLaughlin on behalf of Riseandshine Corporation..(McLaughlin, Neal)
July 26, 2021 Opinion or Order Filing 78 NOTICE OF APPEARANCE by Paul J. Tanck on behalf of Riseandshine Corporation..(Tanck, Paul)
July 26, 2021 Opinion or Order Filing 77 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:21-cv-03198. Original file certified copy of transfer order and docket entries received. (sjo)
July 26, 2021 Opinion or Order Case Designated ECF. (sjo)
July 26, 2021 Opinion or Order Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
July 26, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
July 26, 2021 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 23, 2021 Opinion or Order Filing 76 TRANSFERRED to the Southern District of New York the electronic record. (jn, ) [Transferred from Illinois Northern on 7/26/2021.]
July 22, 2021 Opinion or Order Filing 75 ORDER: For the reasons below, Defendant PepsiCo, Inc.'s ("PepsiCo") motion to transfer this action to the Southern District of New York pursuant to 28 U.S.C. 1404(a) #19 is granted. Signed by the Honorable John Z. Lee on 7/22/21. [For further details see order].(ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 22, 2021 Opinion or Order Filing 74 MINUTE entry before the Honorable John Z. Lee:For the reasons below, Defendant PepsiCo, Inc.'s ("PepsiCo") motion to transfer this action to the Southern District of New York pursuant to 28 U.S.C. 1404(a) #19 is granted. This case will be transferred forthwith. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 20, 2021 Opinion or Order Filing 73 REPLY by Defendant Pepsico, Inc. to motion to transfer case #19 (Durst, Timothy) [Transferred from Illinois Northern on 7/26/2021.]
July 16, 2021 Opinion or Order Filing 72 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 8/23/21 is reset to 9/28/21 at 9:00 a.m. The dial in number remains the same. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 15, 2021 Opinion or Order Filing 71 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 7/15/21. Defendant's reply to the motion to transfer is now due by 7/20/21; the Court will rule on the motion by 7/23/21. This case is stayed until the Court rules on the motion to transfer. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 14, 2021 Opinion or Order Filing 70 MINUTE entry before the Honorable John Z. Lee: The motion hearing set for 7/15/21 9:00 a.m. is reset to 7/15/21 at 11:00 a.m. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 14, 2021 Opinion or Order Filing 69 MINUTE entry before the Honorable John Z. Lee: Plaintiff Riseandshine Corporation's unopposed motion to seal document regarding its opposition to Defendant's motion to transfer venue is granted #59 . Defendant's motion to seal #68 is granted. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 68 MOTION by Defendant Pepsico, Inc. to seal document sealed response 65 (Unopposed Motion) (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 67 RESPONSE by Pepsico, Inc. to MOTION by Plaintiff Riseandshine Corporation to expedite Discovery and Briefing Schedule for Plaintiff's Preliminary Injunction (Opposed) #55 (Redacted Version of Provisionally Sealed Response 65 ) (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 66 DECLARATION of Christopher W. Hunt regarding sealed response 65 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 65 SEALED RESPONSE by Pepsico, Inc. to MOTION by Plaintiff Riseandshine Corporation to expedite Discovery and Briefing Schedule for Plaintiff's Preliminary Injunction (Opposed) #55 (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 64 DECLARATION of Grant Gyesky regarding sealed document 60 (Plaintiff RiseandShine Corporation's Opposition to Defendant PepsiCo, Inc.'s Motion to Transfer) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 63 DECLARATION of Corey Guidi regarding sealed document 60 (Plaintiff RiseandShine Corporation's Opposition to Defendant PepsiCo, Inc.'s Motion to Transfer) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 62 DECLARATION of Lauren Timmons regarding sealed document 60 (Plaintiff RiseandShine Corporation's Opposition to Defendant PepsiCo, Inc.'s Motion to Transfer) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 61 RESPONSE by Riseandshine Corporationin Opposition to MOTION by Defendant Pepsico, Inc. to transfer case to the United States District Court for the Southern District of New York #19 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 60 SEALED DOCUMENT by Plaintiff Riseandshine Corporation (Opposition to Defendant PepsiCo, Inc.'s Motion to Transfer Venue) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 13, 2021 Opinion or Order Filing 59 MOTION by Plaintiff Riseandshine Corporation to seal document regarding Plaintiff's Opposition to Defendant's Motion to Transfer Venue (Unopposed) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 9, 2021 Opinion or Order Filing 58 MINUTE entry before the Honorable John Z. Lee: Plaintiff's unopposed motion to seal its response to Defendant's motion to stay #51 and Plaintiff's unopposed motion to seal its memorandum of law in support of its opposed motion for expedited discovery and briefing schedule #54 are granted. Defendant's response to Plaintiff's motion for expedited discovery and briefing schedule, if any, is due 7/13/21. Defendant's motions for extension of time and stay of discovery set for 7/12/21 at 9:00 a.m. is stricken. Defendant's motions for extension of time to answer #40 and stay of discovery #42 and Plaintiff's motion for expedited discovery #55 set for 7/15/21 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, )[Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 57 MEMORANDUM by Riseandshine Corporation in support of motion to expedite #55 Discovery and Briefing Schedule for Plaintiff's Preliminary Injunction Motion (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 56 SEALED DOCUMENT by Plaintiff Riseandshine Corporation - Memorandum in Support of Its Opposed Motion for Expedited Discovery and Briefing Schedule for Plaintiff's Preliminary Injunction Motion (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 55 MOTION by Plaintiff Riseandshine Corporation to expedite Discovery and Briefing Schedule for Plaintiff's Preliminary Injunction (Opposed) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 54 MOTION by Plaintiff Riseandshine Corporation to seal regarding Plaintiff's Memorandum of Law in Support of its Opposed Motion for Expedited Discovery and Briefing Schedule (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 53 RESPONSE by Riseandshine Corporationin Opposition to MOTION by Defendant Pepsico, Inc. to stay regarding MOTION by Plaintiff Riseandshine Corporation for preliminary injunction (OPPOSED) #25 #42 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 52 SEALED RESPONSE by Riseandshine Corporation to MOTION by Defendant Pepsico, Inc. to stay regarding MOTION by Plaintiff Riseandshine Corporation for preliminary injunction (OPPOSED) #25 #42 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 8, 2021 Opinion or Order Filing 51 MOTION by Plaintiff Riseandshine Corporation to seal regarding Plaintiff's Opposition in Response to Defendant's Motion to Stay (Unopposed) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 7, 2021 Opinion or Order Filing 50 MINUTE entry before the Honorable John Z. Lee:Motions to appear pro hac vice Holly Saporito #45 , Emily Welch #46 and Paul Tanch are granted. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 7, 2021 Opinion or Order Filing 49 MINUTE entry before the Honorable John Z. Lee: Motion for extension of time and stay of discovery is set for 7/12/21 at 9:00 a.m. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 7, 2021 Opinion or Order Filing 48 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18426315. - Paul J. Tanck (Tanck, Paul) [Transferred from Illinois Northern on 7/26/2021.]
July 6, 2021 Opinion or Order Filing 47 MINUTE entry before the Honorable John Z. Lee:Motions to appear pro hac vice by Paul Reilly #38 , Susan Kennedy #39 and Timothy Durst #41 are granted. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
July 6, 2021 Opinion or Order Filing 46 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18423250. - Emily Chambers Welch (Welch, Emily) [Transferred from Illinois Northern on 7/26/2021.]
July 6, 2021 Opinion or Order Filing 45 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18423216. - Holly Hawkins Saporito (Saporito, Holly) [Transferred from Illinois Northern on 7/26/2021.]
July 5, 2021 Opinion or Order Filing 44 CERTIFICATE of Compliance regarding Lanham Act Case Mediation (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 5, 2021 Opinion or Order Filing 43 AFFIDAVIT of Service filed by Plaintiff Riseandshine Corporation regarding Summons, Complaint, Civil Cover Sheet, Notice of Claims Involving Trademarks, Notification as to Affiliates and Corporate Disclosure Statement, Materials Describing the Court's Lanham Mediation Program served on PepsiCo, Inc. on June 16, 2021 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
July 2, 2021 Opinion or Order Filing 42 MOTION by Defendant Pepsico, Inc. to stay regarding MOTION by Plaintiff Riseandshine Corporation for preliminary injunction (OPPOSED) #25 (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 2, 2021 Opinion or Order Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18417849. (Durst, Timothy) [Transferred from Illinois Northern on 7/26/2021.]
July 1, 2021 Opinion or Order Filing 40 MOTION by Defendant Pepsico, Inc. for extension of time to file answer (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
July 1, 2021 Opinion or Order Filing 39 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18415769. (Kennedy, Susan) [Transferred from Illinois Northern on 7/26/2021.]
July 1, 2021 Opinion or Order Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18415729. (Reilly, Paul) [Transferred from Illinois Northern on 7/26/2021.]
June 30, 2021 Opinion or Order Filing 37 MINUTE entry before the Honorable John Z. Lee:Motion for leave to file under seal #36 is granted. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 36 MOTION by Plaintiff Riseandshine Corporation FOR LEAVE TO FILE UNDER SEAL (UNOPPOSED) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 35 DECLARATION of EMILY WELCH regarding memorandum in support of motion #26 (Attachments: #1 Exhibit A-E)(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 34 DECLARATION of RACHEL RATLIFF regarding memorandum in support of motion #26 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 33 DECLARATION of JARRETT MCGOVERN regarding memorandum in support of motion #26 (Attachments: #1 Exhibit A-F)(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 32 DECLARATION of NIA KAYE regarding memorandum in support of motion #26 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 31 DECLARATION of MELISSA KALIMOV regarding memorandum in support of motion #26 (Attachments: #1 Exhibit A)(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 30 SEALED DOCUMENT by Plaintiff Riseandshine Corporation ( re DECLARATION OF GRANT GYESKY) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 29 DECLARATION of GRANT GYESKY regarding memorandum in support of motion #26 (Attachments: #1 Exhibit A)(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 28 DECLARATION of COREY GUIDI regarding memorandum in support of motion #26 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 27 SEALED DOCUMENT by Plaintiff Riseandshine Corporation (PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS OPPOSED MOTION FOR PRELIMINARY INJUNCTION ) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 26 MEMORANDUM by Riseandshine Corporation in support of motion for preliminary injunction #25 (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 25 MOTION by Plaintiff Riseandshine Corporation for preliminary injunction (OPPOSED) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 24 MINUTE entry before the Honorable John Z. Lee:Plaintiff's response to Defendant's motion to transfer #19 is due by 7/20/21; reply due by 8/3/21. (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
June 29, 2021 Opinion or Order Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pepsico, Inc. (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
June 28, 2021 Opinion or Order Filing 22 DECLARATION of Marc Hanson regarding motion to transfer case #19 , memorandum in support of motion #20 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
June 28, 2021 Opinion or Order Filing 21 DECLARATION of Christopher W. Hunt regarding memorandum in support of motion #20 , motion to transfer case #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
June 28, 2021 Opinion or Order Filing 20 MEMORANDUM by Pepsico, Inc. in support of motion to transfer case #19 (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
June 28, 2021 Opinion or Order Filing 19 MOTION by Defendant Pepsico, Inc. to transfer case to the United States District Court for the Southern District of New York (Brummel, Valerie) [Transferred from Illinois Northern on 7/26/2021.]
June 23, 2021 Opinion or Order Filing 18 ATTORNEY Appearance for Defendant Pepsico, Inc. by Thomas B. Quinn (Quinn, Thomas) [Transferred from Illinois Northern on 7/26/2021.]
June 23, 2021 Opinion or Order Filing 17 ATTORNEY Appearance for Defendant Pepsico, Inc. by Valerie Brummel (Brummel, Valerie) [Transferred from Illinois Northern on 7/26/2021.]
June 23, 2021 Opinion or Order Filing 16 ATTORNEY Appearance for Defendant Pepsico, Inc. by Sondra A. Hemeryck (Hemeryck, Sondra) [Transferred from Illinois Northern on 7/26/2021.]
June 23, 2021 Opinion or Order Filing 15 MINUTE entry before the Honorable John Z. Lee: The Court grants in part and denies in part Plaintiff's opposed motion for leave to file excess pages #14 . Plaintiff may file up to a 20-page memorandum in support of its preliminary injunction motion. To the extent that Plaintiff is concerned that its reliance on photos or pictures will require additional pages within its brief, Plaintiff may instead file those photos or pictures (without argument) as exhibits. Notices mailed. (psm, ) [Transferred from Illinois Northern on 7/26/2021.]
June 22, 2021 Opinion or Order Filing 14 MOTION by Plaintiff Riseandshine Corporation for leave to file excess pages (Opposed) (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 18, 2021 Opinion or Order Filing 13 MINUTE entry before the Honorable John Z. Lee: A Rule 16 initial status hearing is set for 8/23/21 at 9:00 a.m. The parties are directed to file a joint initial status report by 8/18/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on Judge Lee's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Notices mailed. (psm, ) [Transferred from Illinois Northern on 7/26/2021.]
June 17, 2021 Opinion or Order Filing 12 NOTICE by Riseandshine Corporation re complaint #1 Filing of Exhibit A to Complaint (Leighton, Robert) [Transferred from Illinois Northern on 7/26/2021.]
June 16, 2021 Opinion or Order Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.(ec, ) [Transferred from Illinois Northern on 7/26/2021.]
June 16, 2021 Opinion or Order Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA (ec, ) [Transferred from Illinois Northern on 7/26/2021.]
June 16, 2021 Opinion or Order Filing 9 MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion to exceed page limits #8 is stricken without prejudice for failure to comply with Judge Lee's standing order on motion practice. "Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. Whether the motion is opposed or unopposed should be so identified in the title and body of the motion.stricken (ca, ) [Transferred from Illinois Northern on 7/26/2021.]
June 16, 2021 Opinion or Order SUMMONS Issued as to Defendant PEPSICO, INC. (txl, ) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 8 MOTION by Plaintiff RISEANDSHINE CORPORATION d/b/a RISE BREWING for leave to file excess pages (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 7 ATTORNEY Appearance for Plaintiff RISEANDSHINE CORPORATION d/b/a RISE BREWING by A Colin Wexler (Wexler, A) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 6 ATTORNEY Appearance for Plaintiff RISEANDSHINE CORPORATION d/b/a RISE BREWING by Robert Douglas Leighton (Leighton, Robert) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by RISEANDSHINE CORPORATION d/b/a RISE BREWING (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 4 Local Rule 3.4 Notice of Claims Involving Trademarks by RISEANDSHINE CORPORATION d/b/a RISE BREWING (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff RISEANDSHINE CORPORATION d/b/a RISE BREWING by Jason Demian Rosenberg (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 2 CIVIL Cover Sheet (Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order Filing 1 COMPLAINT filed by RISEANDSHINE CORPORATION d/b/a RISE BREWING; Jury Demand. Filing fee $ 402, receipt number 0752-18354102.(Rosenberg, Jason) [Transferred from Illinois Northern on 7/26/2021.]
June 15, 2021 Opinion or Order CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cm, ) [Transferred from Illinois Northern on 7/26/2021.]

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Search for this case: Riseandshine Corporation v. Pepsico, Inc.
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Plaintiff: Riseandshine Corporation doing business as Rise Brewing
Represented By: Jason Demian Rosenberg
Represented By: A Colin Wexler
Represented By: Emily Chambers Welch
Represented By: Holly Hawkins Saporito
Represented By: Neal Joseph McLaughlin
Represented By: Paul J. Tanck
Represented By: Robert Douglas Leighton
Represented By: Lauren R. Timmons
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Defendant: Pepsico Inc.
Represented By: Paul J. Reilly
Represented By: Sondra A. Hemeryck
Represented By: Susan Cannon Kennedy
Represented By: Thomas B. Quinn
Represented By: Timothy S. Durst
Represented By: Valerie Brummel
Represented By: Sondra Hemeryck
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