Riseandshine Corporation v. Pepsico, Inc.
Plaintiff: Riseandshine Corporation doing business as Rise Brewing
Defendant: Pepsico Inc.
Intervenor: Starbucks Coffee Company
Case Number: 1:2021cv06324
Filed: July 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah L Cave
Referring Judge: Lorna G Schofield
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2023 Opinion or Order Filing 444 CLERK'S JUDGMENT re: #443 Memorandum & Opinion in favor of Pepsico Inc. against Riseandshine Corporation. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 2, 2023, Defendant's motion for summary judgment is GRANTED. In connection with Defendant's motion, Plaintiff moved to strike portions of the Declaration of Thomas Britven, Defendant's expert on damages, and Defendant moved to strike or exclude the Declaration of Grant Gyesky, Plaintiff's CEO. Both motions are DENIED as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2023) (Attachments: #1 Appeal Package) (km)
August 2, 2023 Opinion or Order Filing 443 OPINION AND ORDER re: #393 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. filed by Riseandshine Corporation, #424 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. filed by Pepsico Inc., #378 MOTION for Summary Judgment . filed by Pepsico Inc., #422 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. filed by Pepsico Inc., #394 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven (Redacted) addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. filed by Riseandshine Corporation.For the foregoing reasons, Defendants motion for summary judgment is GRANTED. In connection with Defendants motion, Plaintiff moved to strike portions of the Declaration of Thomas Britven, Defendants expert on damages, and Defendant moved to strike or exclude the Declaration of Grant Gyesky, Plaintiffs CEO. Both motions are DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 378, 393, 394, 422 and 424 and to terminate the case. (Signed by Judge Lorna G. Schofield on 8/2/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
August 1, 2023 Opinion or Order Filing 442 ORDER denying without prejudice to renewal #377 Letter Motion to Seal; denying without prejudice to renewal #389 Letter Motion to Seal; denying without prejudice to renewal #392 Letter Motion to Seal; denying without prejudice to renewal #396 Letter Motion to Seal; denying without prejudice to renewal #397 Letter Motion to Seal; denying without prejudice to renewal #409 Letter Motion to Seal; denying without prejudice to renewal #410 Letter Motion to Seal; denying without prejudice to renewal #418 Letter Motion to Seal; denying without prejudice to renewal #421 Letter Motion to Seal; denying without prejudice to renewal #426 Letter Motion to Seal; denying without prejudice to renewal #437 Letter Motion to Seal; denying without prejudice to renewal #438 Letter Motion to Seal. ORDERED that the parties' motions to file under seal portions of the summary judgment record are DENIED, without prejudice to renewal. Any renewed motion to file under seal shall abide by the following guidelines: The parties are apprised that, as a general matter, their requested redactions are far from "narrowly tailored" so as to allow filing under seal, notwithstanding the strong presumption of public access. Lugosch, 435 F.3d at 120. The parties may file under seal information that directly reveals truly confidential commercial information, such as the financial performance of Defendant's Mtn Dew Rise Energy drink and Plaintiff's capital raise and revenues, provided any redactions are narrowly tailored to avoid disclosure of this information. In the interest of clarity, this order provides guidelines for specific documents: In Defendant's memorandum of law in support of its motion for summary judgment, Dkt. No. 379, it may properly file under seal heading B.1 and references throughout the memorandum to this information and projected market segments for its products. Defendant may not file under seal general statements that it sought to target "new energy drink consumers who feel alienated from the category" and "ambitious self-starters," characterizations that its branding would capture attention and break through and statements that its products were sold in gas stations and convenience stores. Plaintiff may file under seal the dollar amounts of seed capital it raised or needed to raise by specific dates to realize certain cost savings, specific investors from which it sought investment, statements regarding its profits to date and specific dollar figures of profits (including projected profits), revenue and sales. Plaintiff may not file under seal information regarding other marks using the term "rise" included in its statements in cease-and-desist letters, that customer surveys indicated that Plaintiff's customers review nutrition labels and are concerned with eating healthy products, that the term "rise" evokes nitrogen bubbles rising to the top of nitro coffee, the text of a comment made in Plaintiffs online portal, qualitative descriptions of its financial performance and projected profits, statements regarding its expert's accounting methodologies, and general information regarding additional capital raises, including that it could have realized certain cost savings by onshoring production. In the Declaration of Thomas W. Britven in support of Defendant's motion, Dkt. No. 381, Defendant may file under seal the volume and monetary figures reflected in the tables in paragraphs 4 and 9 and the statement regarding Defendant's profits in paragraph 11. Plaintiff may file under seal the labels on the y-axis in the table contained in paragraph 17 that tend to reveal exact figures of Plaintiff's quarterly revenues. No other information in Mr. Britven's Declaration may be filed under seal. Defendant seeks to file the excerpts of the deposition of Carl Gerhards, Dkt. No. 404-8, entirely under seal. None of this document may be filed under seal. In Defendant's Response to Plaintiff's additional statement of facts under Rule 56.1, Dkt. No. 428, the guidance given above regarding Defendant's memorandum of law shall apply. In addition, Defendant may not file under seal information that it referred to Plaintiff's product as "Rise" in presentations to customers, that it received a call to its customer service center regarding Plaintiff's products or the content of that call or its market research regarding the beverage preferences of its consumers prior to the launch of Mtn Dew Rise. Plaintiff may file under seal the amount it spent on marketing, including labor costs, but not the categories of marketing expenses that produce its estimate of marketing costs, and information regarding its contemplated expansions into other product lines. Plaintiff may not file under seal that it launched its first Nitro coffee keg on April 18, 2015, that it did not formally search PTO records for Rise marks, non-identifying information regarding consumers allegedly confused by the parties' products, that it has not engaged in corrective advertising and testimony from its expert regarding Defendant's surveys. In Exhibit 84 to the Declaration of Lauren J. Schweitzer, Plaintiff's Simple Agreement for Future Equity, Dkt. No. 429-9, Plaintiff may file under seal the name of the investor, the amount of the investment and the amount of the valuation cap. No other information may be filed under seal. Exhibits should be redacted to protect truly confidential commercial information, in accordance with the guidelines given, rather than wholly filed under seal where possible. The information produced in discovery by third parties, including RYZE and Daily Rise Coffee, may be filed under seal. See Amodeo, 71 F.3d at 1050 ("[T]he privacy interests of innocent third parties should weigh heavily in a court's balancing equation."). No documents will be unsealed at this time. The parties may file a renewed motion to file under seal that comports with the guidelines given above by August 11, 2023. Such motion shall identify which documents the parties wish to file entirely under seal, if any, and the documents with proposed redactions consistent with this order. To the extent there are documents that the parties no longer wish to file under seal or documents that cannot be filed under seal consistent with this order, the parties shall identify such documents by their docket number for unsealing. If no such renewed motion is received, the documents currently filed under seal will be unsealed. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 377, 389, 392, 396, 397, 409, 410, 418, 421, 426, 437 and 438. (Signed by Judge Lorna G. Schofield on 7/31/2023) (mml)
June 12, 2023 Opinion or Order Filing 441 ORDER It is hereby ORDERED that no later than June 13, 2023, Plaintiff shall email an unredacted version of the Declaration of Grant Gyesky, available in redacted form at Dkt. 29, to Schofield_NYSDChambers@nysd.uscourts.gov. (Signed by Judge Lorna G. Schofield on 6/12/2023) (jca)
December 21, 2022 Opinion or Order Filing 440 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated December 21, 2022 re: #422 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. . Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A) Response and Opposition to Interrogaories Redacted, #2 Exhibit B) Riseandshine's Second Amended Disclosures).(Tanck, Paul)
December 21, 2022 Opinion or Order Filing 439 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated December 21, 2022 re: #422 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A) Response and Opposition to Interrogatories)Motion or Order to File Under Seal: #438 .(Tanck, Paul)
December 21, 2022 Opinion or Order Filing 438 LETTER MOTION to Seal portions of response to letter request [DE 422] addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated December 21, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
December 16, 2022 Opinion or Order Filing 437 LETTER MOTION to Seal #419 Rise Brewings Letter Reply in support of its Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 16, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 16, 2022 Opinion or Order Filing 436 LETTER addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated December 16, 2022 re: in Support of Pepsico's Motion to Seal (Docket Number 426). Document filed by Riseandshine Corporation..(Welch, Emily)
December 16, 2022 Opinion or Order Filing 435 LETTER addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated December 16, 2022 re: in Support of Pepsico's Motion to Seal (Docket Number 421). Document filed by Riseandshine Corporation..(Welch, Emily)
December 14, 2022 Opinion or Order Filing 434 NOTICE of PepsiCo, Inc.'s Evidentiary Objections to Rise Brewing's Declaration of Grant Gyesky re: #407 Declaration in Opposition to Motion. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 433 DECLARATION of Lauren J. Schweitzer in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit 76 - Collis Deposition Excerpt - PUBLIC VERSION, #2 Exhibit 77 - Gerhards Deposition Excerpt - PUBLIC VERSION, #3 Exhibit 78 - Kaye Deposition Excerpt - PUBLIC VERSION, #4 Exhibit 79 - Salzinger Deposition Excerpt - PUBLIC VERSION, #5 Exhibit 80 - Tousignant Deposition Excerpt - PUBLIC VERSION, #6 Exhibit 81 - Public Version Redacted in Full, #7 Exhibit 82 - Public Version Redacted in Full, #8 Exhibit 83 - Public Version Redacted in Full, #9 Exhibit 84 - Public Version Redacted in Full, #10 Exhibit 85 - Public Version Redacted in Full, #11 Exhibit 86 - BUTTERANDEGGROAD0001, #12 Exhibit 87 - Public Version Redacted in Full, #13 Exhibit 88 - Public Version Redacted in Full, #14 Exhibit 89 - Public Version Redacted in Full, #15 Exhibit 90 - Public Version Redacted in Full).(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 432 COUNTER STATEMENT TO #403 Rule 56.1 Statement. Document filed by Pepsico Inc...(Cendali, Dale)
December 14, 2022 Opinion or Order Filing 431 REPLY MEMORANDUM OF LAW in Support re: #378 MOTION for Summary Judgment . . Document filed by Pepsico Inc...(Cendali, Dale)
December 14, 2022 Opinion or Order Filing 430 ***SELECTED PARTIES***NOTICE of PepsiCo, Inc.'s Evidentiary Objections to Rise Brewing's Declaration of Grant Gyesky re: #406 Declaration in Opposition to Motion. Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #426 .(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 429 ***SELECTED PARTIES***DECLARATION of Lauren J. Schweitzer in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit 76 - Collis Deposition Excerpt, #2 Exhibit 77 - Gerhards Deposition Excerpt, #3 Exhibit 78 - Kaye Deposition Excerpt, #4 Exhibit 79 - Salzinger Deposition Excerpt, #5 Exhibit 80 - Tousignant Deposition Excerpt, #6 Exhibit 81 - Fox Expert Report Excerpt, #7 Exhibit 82 - Reed Rebuttal Report Excerpt, #8 Exhibit 83 - ESV-0000841 at 853, #9 Exhibit 84 - RISE0018586 at 586, #10 Exhibit 85 - RISE0022360, #11 Exhibit 86 - BUTTERANDEGGROAD0001, #12 Exhibit 87 - PEPSICO0018692, #13 Supplement 88 - PEPSICO0018693 at 693, #14 Exhibit 89 - Excerpt from PepsiCo's Supp Resps to RBCs ROG No. 2, #15 Exhibit 90 - RISE0004397)Motion or Order to File Under Seal: #426 .(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 428 ***SELECTED PARTIES***COUNTER STATEMENT TO #402 Rule 56.1 Statement. Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #426 .(Cendali, Dale)
December 14, 2022 Opinion or Order Filing 427 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #378 MOTION for Summary Judgment . . Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #426 .(Cendali, Dale)
December 14, 2022 Opinion or Order Filing 426 LETTER MOTION to Seal re materials in support of #378 Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 425 DECLARATION of Lauren J. Schweitzer in Support re: #424 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022.. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Rise Third Amended Initial Disclosures, #2 Exhibit B - Public Version Redacted in Full, #3 Exhibit C - Public Version Redacted in Full, #4 Exhibit D - Public Version Redacted in Full).(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 424 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 423 ***SELECTED PARTIES***DECLARATION of Lauren J. Schweitzer in Support re: #422 LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022.. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - Rise Third Amended Initial Disclosures, #2 Exhibit B - RISE0023776, #3 Exhibit C - Excerpt from Smith Ex 59 - RISE0027286, #4 Exhibit D - Excerpt from Smith Ex. 63 RISE0028806)Motion or Order to File Under Seal: #421 .(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 422 ***SELECTED PARTIES*** LETTER MOTION for Conference re Motion to Strike or Exclude #406 Gyesky Declaration addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #421 .(Schweitzer, Lauren)
December 14, 2022 Opinion or Order Filing 421 LETTER MOTION to Seal re Letter Motion and Exhibits addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 14, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 9, 2022 Opinion or Order Filing 420 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated December 9, 2022 re: #393 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
December 9, 2022 Opinion or Order Filing 419 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated December 9, 2022 re: #393 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #418 .(Tanck, Paul)
December 9, 2022 Opinion or Order Filing 418 LETTER MOTION to Seal the Reply in Support of Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated December 9, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
December 8, 2022 Opinion or Order Filing 417 ORDER: granting in part #416 Letter Motion for Leave to File Excess Pages. Application GRANTED IN PART. Defendant may file a Reply not to exceed eleven (11) pages. So Ordered. (Signed by Judge Lorna G. Schofield on 12/08/2022) (ama)
December 7, 2022 Opinion or Order Filing 416 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Dale M. Cendali dated December 6, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
December 6, 2022 Opinion or Order Filing 415 DECLARATION of Thomas W. Britven in Opposition re: #394 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven (Redacted) addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022.. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 6, 2022 Opinion or Order Filing 414 DECLARATION of Lauren J. Schweitzer in Opposition re: #394 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven (Redacted) addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022.. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Britven Initial Report Excerpt - Redacted Public Version, #2 Exhibit B - Tousignant Deposition Excerpt - Redacted Public Version, #3 Exhibit C - Britven Deposition Excerpt - Redacted Public Version, #4 Exhibit D - Britven Rebuttal Report Excerpt).(Schweitzer, Lauren)
December 6, 2022 Opinion or Order Filing 413 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 6, 2022 re: #394 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven (Redacted) addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. . Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 6, 2022 Opinion or Order Filing 412 ***SELECTED PARTIES***DECLARATION of Lauren J. Schweitzer in Opposition re: #393 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022.. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - Britven Initial Report Excerpt, #2 Exhibit B - Tousignant Deposition Excerpt, #3 Exhibit C - Britven Deposition Excerpt, #4 Exhibit D - Britven Rebuttal Report Excerpt)Motion or Order to File Under Seal: #410 .(Schweitzer, Lauren)
December 6, 2022 Opinion or Order Filing 411 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 6, 2022 re: #393 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. . Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #410 .(Schweitzer, Lauren)
December 6, 2022 Opinion or Order Filing 410 LETTER MOTION to Seal re Opposition to Motion re T. Britven addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated December 1, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 5, 2022 Opinion or Order Filing 409 LETTER MOTION to Seal Related to Dkt No. 397 addressed to Judge Lorna G. Schofield from Monica Hughes Smith dated December 5, 2022. Document filed by Pepsico Inc...(Smith, Monica)
December 1, 2022 Opinion or Order Filing 408 DECLARATION of Alex Tanev in Opposition re: #378 MOTION for Summary Judgment .. Document filed by Riseandshine Corporation..(Welch, Emily)
December 1, 2022 Opinion or Order Filing 407 DECLARATION of Grant Gyesky in Opposition re: #378 MOTION for Summary Judgment .. Document filed by Riseandshine Corporation..(Welch, Emily)
December 1, 2022 Opinion or Order Filing 406 ***SELECTED PARTIES***DECLARATION of Grant Gyesky in Opposition re: #378 MOTION for Summary Judgment .. Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #397 .(Welch, Emily)
December 1, 2022 Opinion or Order Filing 405 DECLARATION of Emily Chambers Welch in Opposition re: #378 MOTION for Summary Judgment .. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit 1 - PEPSICO0011818, #2 Exhibit 2 - PEPSICO0011799, #3 Exhibit 3 - PEPSICO0019267, #4 Exhibit 4 - RISE0014724, #5 Exhibit 5 - RISE0016013, #6 Exhibit 6 - Notice of Acknowledgement, #7 Exhibit 7 - PEPSICO0012395, #8 Exhibit 8 - Gerhards Tr., #9 Exhibit 9 - PEPSICO0006843, #10 Exhibit 10 - RISE0028069, #11 Exhibit 11 - RISE0028066, #12 Exhibit 12 - RISE0028084, #13 Exhibit 13 - RISE0028048, #14 Exhibit 14 - Lyons Ex. 65, #15 Exhibit 15 - RISE0028061, #16 Exhibit 16 - Kaye Tr., #17 Exhibit 17 - RISE0020885, #18 Exhibit 18 - RISE0028413, #19 Exhibit 19 - Gyesky Tr., #20 Exhibit 20 - Collis Tr., #21 Exhibit 21 - Aquino Tr., #22 Exhibit 22 - Choi Tr., #23 Exhibit 23 - Welsh Tr., #24 Exhibit 24 - Messina Tr., #25 Exhibit 25 - Britven Tr., #26 Exhibit 26 - Ezell Tr., #27 Exhibit 27 - Fox Tr., #28 Exhibit 28 - Wood Tr., #29 Exhibit 29 - PEPSICO0008790, #30 Exhibit 30 - PEPSICO0017743, #31 Exhibit 31 - PEPSICO0016491, #32 Exhibit 32 - PEPSICO0005004, #33 Exhibit 33 - RISE0027335, #34 Exhibit 34 - RISE0013674, #35 Exhibit 35 - RISE0013689, #36 Exhibit 36 - RISE0013708, #37 Exhibit 37 - RISE0013571, #38 Exhibit 38 - RISE0013637, #39 Exhibit 39 - PEPSICO00006492, #40 Exhibit 40 - PEPSICO00004339, #41 Exhibit 41 - Welsh Ex. 2A, #42 Exhibit 42 - RISE0003276, #43 Exhibit 43 - RISE0026639, #44 Exhibit 44 - PEPSICO0011800, #45 Exhibit 45 - PEPSICO0008161, #46 Exhibit 46 - PEPSICO0018695, #47 Exhibit 47 - Reed Opening Report, #48 Exhibit 48 - PEPSICO0025324, #49 Exhibit 49 - Reed Rebuttal Report, #50 Exhibit 50 - Winer Report, #51 Exhibit 51 - PEPSICO0006420, #52 Exhibit 52 - Rise Resp. to Rog. 25, #53 Exhibit 53 - Walmart Lemonade, #54 Exhibit 54 - Walmart Blood Orange, #55 Exhibit 55 - Merriam Webster, #56 Exhibit 56 - RISE0028808, #57 Exhibit 57 - RISE0002144, #58 Exhibit 58 - RISE0027427, #59 Exhibit 59 - Gaines-Ross Tr., #60 Exhibit 60 - Kalimov Tr., #61 Exhibit 61 - RISE0023159, #62 Exhibit 62 - RISE0020901 and 905, #63 Exhibit 63 - PEPSICO0012365, #64 Exhibit 64 - Kamins Report, #65 Exhibit 65 - RISE0027161, #66 Exhibit 66 - Pepsi Appeal Brief).(Welch, Emily)
December 1, 2022 Opinion or Order Filing 404 ***SELECTED PARTIES***DECLARATION of Emily Chambers Welch in Opposition re: #378 MOTION for Summary Judgment .. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit 1 - PEPSICO0011818, #2 Exhibit 2 - PEPSICO0011799, #3 Exhibit 3 - PEPSICO0019267, #4 Exhibit 4 - RISE0014724, #5 Exhibit 5 - RISE0016013, #6 Exhibit 6 - Notice of Acknowledgement, #7 Exhibit 7 - PEPSICO0012395, #8 Exhibit 8 - Gerhards Tr., #9 Exhibit 9 - PEPSICO0006843, #10 Exhibit 10 - RISE0028069, #11 Exhibit 11 - RISE0028066, #12 Exhibit 12 - RISE0028084, #13 Exhibit 13 - RISE0028048, #14 Exhibit 14 - Lyons Ex. 65, #15 Exhibit 15 - RISE0028061, #16 Exhibit 16 - Kaye Tr., #17 Exhibit 17 - RISE0020885, #18 Exhibit 18 - RISE0028413, #19 Exhibit 19 - Gyesky Tr., #20 Exhibit 20 - Collis Tr., #21 Exhibit 21 - Aquino Tr., #22 Exhibit 22 - Choi Tr., #23 Exhibit 23 - Welsh Tr., #24 Exhibit 24 - Messina Tr., #25 Exhibit 25 - Britven Tr., #26 Exhibit 26 - Ezell Tr., #27 Exhibit 27 - Fox Tr., #28 Exhibit 28 - Wood Tr., #29 Exhibit 29 - PEPSICO0008790, #30 Exhibit 30 - PEPSICO0017743, #31 Exhibit 31 - PEPSICO0016491, #32 Exhibit 32 - PEPSICO0005004, #33 Exhibit 33 - RISE0027335, #34 Exhibit 34 - RISE0013674, #35 Exhibit 35 - RISE0013689, #36 Exhibit 36 - RISE0013708, #37 Exhibit 37 - RISE0013571, #38 Exhibit 38 - RISE0013637, #39 Exhibit 39 - PEPSICO00006492, #40 Exhibit 40 - PEPSICO00004339, #41 Exhibit 41 - Welsh Ex. 2A, #42 Exhibit 42 - RISE0003276, #43 Exhibit 43 - RISE0026639, #44 Exhibit 44 - PEPSICO0011800, #45 Exhibit 45 - PEPSICO0008161, #46 Exhibit 46 - PEPSICO0018695, #47 Exhibit 47 - Reed Opening Report, #48 Exhibit 48 - PEPSICO0025324, #49 Exhibit 49 - Reed Rebuttal Report, #50 Exhibit 50 - Winer Report, #51 Exhibit 51 - PEPSICO0006420, #52 Exhibit 52 - Rise Resp. to Rog. 25, #53 Exhibit 53 - Walmart Lemonade, #54 Exhibit 54 - Walmart Blood Orange, #55 Exhibit 55 - Merriam Webster, #56 Exhibit 56 - RISE0028808, #57 Exhibit 57 - RISE0002144, #58 Exhibit 58 - RISE0027427, #59 Exhibit 59 - Gaines-Ross Tr., #60 Exhibit 60 - Kalimov Tr., #61 Exhibit 61 - RISE0023159, #62 Exhibit 62 - RISE0020901 and 905, #63 Exhibit 63 - PEPSICO0012365, #64 Exhibit 64 - Kamins Report, #65 Exhibit 65 - RISE0027161, #66 Exhibit 66 - Pepsi Appeal Brief)Motion or Order to File Under Seal: #397 .(Welch, Emily)
December 1, 2022 Opinion or Order Filing 403 RULE 56.1 STATEMENT. Document filed by Riseandshine Corporation..(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 402 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #397 .(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 401 COUNTER STATEMENT TO #380 Rule 56.1 Statement. Document filed by Riseandshine Corporation..(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 400 ***SELECTED PARTIES***COUNTER STATEMENT TO #380 Rule 56.1 Statement. Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #397 .(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 399 MEMORANDUM OF LAW in Opposition re: #378 MOTION for Summary Judgment . (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 398 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #378 MOTION for Summary Judgment . . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #397 .(Tanck, Paul)
December 1, 2022 Opinion or Order Filing 397 LETTER MOTION to Seal Opposition to Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated December 1, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
December 1, 2022 Opinion or Order Filing 396 LETTER MOTION to Seal #393 Letter Motion and Exhibits addressed to Judge Lorna G. Schofield from Lauren Schweitzer dated December 1, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
December 1, 2022 Opinion or Order Filing 395 ORDER with respect to #394 Letter Motion for Leave to File Document. Plaintiff's pre-motion letter is construed as a motion to strike. Defendant shall file a response, not to exceed three pages, by December 6, 2022. Plaintiff may file a reply, not to exceed two pages, by December 9, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 12/1/2022) (mml)
December 1, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 12/6/2022 Replies due by 12/9/2022. (mml)
November 29, 2022 Opinion or Order Filing 394 LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven (Redacted) addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit 1 - Expert Report of Thomas Britven (Redacted), #2 Exhibit 2 - Transcript of Thomas Britven (Redacted)).(Tanck, Paul)
November 29, 2022 Opinion or Order Filing 393 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Motion to Strike the Declaration of Thomas Britven addressed to Judge Lorna G. Schofield from Paul Tanck dated November 29, 2022. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit 1 - Expert Report of Thomas Britven, #2 Exhibit 2 - Transcript of Thomas Britven)Motion or Order to File Under Seal: #392 .(Tanck, Paul)
November 29, 2022 Opinion or Order Filing 392 LETTER MOTION to Seal Letter Motion for Leave to File Motion to Strike the Declaration of Thomas Britven with Exhibits 1 and 2 addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated November 29, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
November 17, 2022 Opinion or Order Filing 391 ENDORSED LETTER from Daily Rise Coffee dated 11/8/2022 re: request for confidential treatment of cited documents. ENDORSEMENT: The Court is in receipt of the endorsed letter from third-party 3F Holdings Corporation, d/b/a Daily Rise Coffee ("Daily Rise Coffee"). Third-party Daily Rise Coffee's request for confidential treatment of the cited documents will be considered in connection with Defendant's motion to seal, Dkt. 377, submitted in connection with its motion for summary judgment. So Ordered. (Signed by Judge Lorna G. Schofield on 11/17/2022) (ate)
November 9, 2022 Opinion or Order Filing 390 NOTICE of ERRATA FOR DECLARATION OF MONICA SMITH IN SUPPORT OF PEPSICO, INC.S MOTION FOR SUMMARY JUDGMENT re: #387 Declaration in Support of Motion,,,,,,,,,,,,,,,. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Smith, Monica)
November 8, 2022 Opinion or Order Filing 389 LETTER MOTION to Seal related to [DE 377] addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated November 8, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
November 4, 2022 Opinion or Order Filing 388 DECLARATION of Diana Torres in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc...(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 387 DECLARATION of Monica Smith in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit 02 - Tousignant Deposition Excerpt - PUBLIC VERSION, #2 Exhibit 03 - Beach Deposition Excerpt - PUBLIC VERSION, #3 Exhibit 04 - Choi Deposition Excerpt - PUBLIC VERSION, #4 Exhibit 05 - Ganies-Ross Deposition Excerpt, #5 Exhibit 07 - Public Version Redacted in Full, #6 Exhibit 08 - Kalimov Deposition Excerpt - PUBLIC VERSION, #7 Exhibit 09 - Kaye Deposition Excerpt - PUBLIC VERSION, #8 Exhibit 10 - McGovern Deposition Excerpt - PUBLIC VERSION, #9 Exhibit 11 - Poret Deposition Excerpt, #10 Exhibit 12 - Reed Deposition Excerpt - PUBLIC VERSION, #11 Exhibit 13 - Salzinger Deposition Excerpt - PUBLIC VERSION, #12 Exhibit 14 - Torres Deposition Excerpt - PUBLIC VERSION, #13 Exhibit 15 - Public Version Redacted in Full, #14 Exhibit 16 - Ezell Expert Report Excerpt, #15 Exhibit 17 - Public Version Redacted in Full, #16 Exhibit 18 - Jay Expert Report Excerpt, #17 Exhibit 19 - Public Version Redacted in Full, #18 Exhibit 20 - Milsark Expert Report Excerpt, #19 Exhibit 21 - Poret Report Excerpts, #20 Exhibit 22 - Public Version Redacted in Full, #21 Exhibit 23 - Public Version Redacted in Full, #22 Exhibit 24 - Wood Expert Report Excerpt, #23 Exhibit 25 - Public Version Redacted in Full, #24 Exhibit 26 - Public Version Redacted in Full, #25 Exhibit 27 - Public Version Redacted in Full, #26 Exhibit 28 - Public Version Redacted in Full, #27 Exhibit 29 - Public Version Redacted in Full, #28 Exhibit 30 - Public Version Redacted in Full, #29 Exhibit 31 - Public Version Redacted in Full, #30 Exhibit 32 - PEPSICO0012368, #31 Exhibit 33 - Public Version Redacted in Full, #32 Exhibit 34 - Public Version Redacted in Full, #33 Exhibit 35 - PEPSICO0019738 at 747, #34 Exhibit 36 - Public Version Redacted in Full, #35 Exhibit 37 - RISE0000184 at 185, #36 Exhibit 38 - RISE0000663 at 668, #37 Exhibit 39 - RISE0001063 at 063, #38 Exhibit 40 - Public Version Redacted in Full, #39 Exhibit 41 - Public Version Redacted in Full, #40 Exhibit 42 - RISE0014724 at 728, #41 Exhibit 43 - Public Version Redacted in Full, #42 Exhibit 44 - Public Version Redacted in Full, #43 Exhibit 45 - Public Version Redacted in Full, #44 Exhibit 46 - Public Version Redacted in Full, #45 Exhibit 47 - Public Version Redacted in Full, #46 Exhibit 48 - Public Version Redacted in Full, #47 Exhibit 49 - Public Version Redacted in Full, #48 Exhibit 50 - Public Version Redacted in Full, #49 Exhibit 52 - Public Version Redacted in Full, #50 Exhibit 52 - Public Version Redacted in Full, #51 Exhibit 53 - Public Version Redacted in Full, #52 Exhibit 54 - Public Version Redacted in Full, #53 Exhibit 55 - Public Version Redacted in Full, #54 Exhibit 56 - Public Version Redacted in Full, #55 Exhibit 57 - Public Version Redacted in Full, #56 Exhibit 58 - Public Version Redacted in Full, #57 Exhibit 59 - Public Version Redacted in Full, #58 Exhibit 60 - Public Version Redacted in Full, #59 Exhibit 61 - Public Version Redacted in Full, #60 Exhibit 62 - Public Version Redacted in Full, #61 Exhibit 63 - Public Version Redacted in Full, #62 Exhibit 64 - Public Version Redacted in Full, #63 Exhibit 65 - Public Version Redacted in Full, #64 Exhibit 66 - RISEBISCUITS00001 at 052, #65 Exhibit 67 - RISEBISCUITS00185 at 235-236, #66 Exhibit 68 - RISEBISCUITS00381 at 431, 433, #67 Exhibit 69 - RISEBISCUITS00570 at 620-621, #68 Exhibit 70 - RISEBISCUITS00758 at 812, 814, #69 Exhibit 71 - RISEBISCUITS00936 at 989-990, #70 Exhibit 72 - RISEBISCUITS01157 at 211-212, #71 Exhibit 73 - RISEBISCUITS01523 at 569, #72 Exhibit 74 - Public Version Redacted in Full, #73 Exhibit 75 - Public Version Redacted in Full).(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 386 DECLARATION of Thomas Britven in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit 01 - Public Version Redacted in Full).(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 385 RULE 56.1 STATEMENT. Document filed by Pepsico Inc...(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 384 MEMORANDUM OF LAW in Support re: #378 MOTION for Summary Judgment . Redacted Public. Document filed by Pepsico Inc...(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 383 ***SELECTED PARTIES***DECLARATION of Diana M. Torres in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #377 .(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 382 ***SELECTED PARTIES***DECLARATION of Monica Smith in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit 02 - Tousignant Deposition Excerpt, #2 Exhibit 03 - Beach Deposition Excerpt, #3 Exhibit 04 - Choi Deposition Excerpt, #4 Exhibit 05 - Ganies-Ross Deposition Excerpt, #5 Exhibit 06 - Gaines-Ross Deposition - Exhibit 11, #6 Exhibit 07 - Gerhards Deposition Excerpt, #7 Exhibit 08 - Kalimov Deposition Excerpt, #8 Exhibit 09 - Kaye Deposition Excerpt, #9 Exhibit 10 - McGovern Deposition Excerpt, #10 Exhibit 11 - Poret Deposition Excerpt, #11 Exhibit 12 - Reed Deposition Excerpt, #12 Exhibit 13 - Salzinger Deposition Excerpt, #13 Exhibit 14 - Torres Deposition Excerpt, #14 Exhibit 15 - Beach Expert Report Excerpt, #15 Exhibit 16 - Ezell Expert Report Excerpt, #16 Exhibit 17 - Fox Expert Report Excerpt, #17 Exhibit 18 - Jay Expert Report Excerpt, #18 Exhibit 19 - Kamins Expert Report Excerpt, #19 Exhibit 20 - Milsark Expert Report Excerpt, #20 Exhibit 21 - Poret Report Excerpts, #21 Exhibit 22 - Reed Opening Report Excerpt, #22 Exhibit 23 - Reed Rebuttal Report Excerpt, #23 Exhibit 24 - Wood Expert Report Excerpt, #24 Exhibit 25 - DAILYRISE00001 at 001, 003, #25 Exhibit 26 - DAILYRISE00018, #26 Exhibit 27 - ESV-0000192 at 195, #27 Exhibit 28 - ESV-0000836 at 838, #28 Exhibit 29 - PEPSICO0006491 at 495, #29 Exhibit 30 - PEPSICO0006545 at 569, #30 Exhibit 31 - PEPSICO0006767 at 768, #31 Exhibit 32 - PEPSICO0012368, #32 Exhibit 33 - PEPSICO0018752 Excerpted, #33 Exhibit 34 - PEPSICO0019012 at 014, #34 Exhibit 35 - PEPSICO0019738 at 747, #35 Exhibit 36 - PEPSICO0025367 Excerpted, #36 Exhibit 37 - RISE0000184 at 185, #37 Exhibit 38 - RISE0000663 at 668, #38 Exhibit 39 - RISE0001063 at 063, #39 Exhibit 40 - RISE0003276 at 284, 298, #40 Exhibit 41 - RISE0008483 Excerpted, #41 Exhibit 42 - RISE0014724 at 728, #42 Exhibit 43 - RISE0015433, #43 Exhibit 44 - RISE0016370 at 382, #44 Exhibit 45 - RISE0016639 at 644, #45 Exhibit 46 - RISE0018595 Excerpted, #46 Exhibit 47 - RISE0019174 at 174-175, #47 Exhibit 48 - RISE0019952, #48 Exhibit 49 - RISE0019953 at 953, #49 Exhibit 50 - RISE0020905 at 961, #50 Exhibit 51 - RISE0021581 at 581, #51 Exhibit 52 - RISE0022086 at 086, #52 Exhibit 53 - RISE0022601 at 601, #53 Exhibit 54 - RISE0022602 at 604-605, #54 Exhibit 55 - RISE0022677 at 677, #55 Exhibit 56 - RISE0022871 at 871, #56 Exhibit 57 - RISE0023167 at 167, 171, #57 Exhibit 58 - RISE0023797 at 797, 801, #58 Exhibit 59 - RISE0027286 Excerpted, #59 Exhibit 60 - RISE0028002, #60 Exhibit 61 - RISE0028009 at 011-012, #61 Exhibit 62 - RISE0028397, #62 Exhibit 63 - RISE0028806 Excerpted, #63 Exhibit 64 - RISE0028808 Excerpted, #64 Exhibit 65 - RISE0028823 at 823-827, #65 Exhibit 66 - RISEBISCUITS00001 at 052, #66 Exhibit 67 - RISEBISCUITS00185 at 235-236, #67 Exhibit 68 - RISEBISCUITS00381 at 431, 433, #68 Exhibit 69 - RISEBISCUITS00570 at 620-621, #69 Exhibit 70 - RISEBISCUITS00758 at 812, 814, #70 Exhibit 70 - RISEBISCUITS00758 at 812, 814, #71 Exhibit 72 - RISEBISCUITS01157 at 211-212, #72 Exhibit 73 - RISEBISCUITS01523 at 569, #73 Exhibit 74 - RYZE00007 Excerpted, #74 Exhibit 75 - RISE0028804 Excerpted)Motion or Order to File Under Seal: #377 .(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 381 ***SELECTED PARTIES***DECLARATION of Thomas Britven in Support re: #378 MOTION for Summary Judgment .. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit 01 - PEPSICO0019265)Motion or Order to File Under Seal: #377 .(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 380 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #377 .(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 379 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #378 MOTION for Summary Judgment . . Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #377 .(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 378 MOTION for Summary Judgment . Document filed by Pepsico Inc...(Cendali, Dale)
November 4, 2022 Opinion or Order Filing 377 LETTER MOTION to Seal re materials in support of Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated November 4, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
November 3, 2022 Opinion or Order Filing 376 ORDER granting #372 Letter Motion to Seal; granting #373 Letter Motion to Seal. It is hereby ORDERED that the parties' motion to file the Opposition under seal is GRANTED. The parties are reminded that this Order covers only the redaction of information submitted in the Opposition. That information may be filed under seal in connection with the Opposition does not mean it may be filed under seal in connection with Defendant's motion for summary judgment or at trial. See Maxwell, 929 F.3d at 53 ("Materials submitted in connection with a motion for summary judgment are subject to a strong presumption of public access."); Amodeo, 71 F.3d at 1049 ("[T]he public has an especially strong right of access to evidence introduced in trials."). The Clerk of Court is respectfully directed to close the motions at Dkt. 372 and Dkt. 373. (Signed by Judge Lorna G. Schofield on 11/3/2022) (vfr)
October 28, 2022 Opinion or Order Filing 375 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated October 28, 2022 re: #360 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
October 28, 2022 Opinion or Order Filing 374 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated October 28, 2022 re: #360 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #373 .(Tanck, Paul)
October 28, 2022 Opinion or Order Filing 373 LETTER MOTION to Seal Portions of Plaintiff's Response in Opposition to Defendant's Letter Motion Seeking Leave to File Daubert Motions (Docket Entry 364) addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated October 28, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
October 28, 2022 Opinion or Order Filing 372 LETTER MOTION to Seal #362 , #364 RBC Opposition Letter addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated October 28, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
October 24, 2022 Opinion or Order Filing 371 ORDER terminating #360 Letter Motion for Leave to File Document; terminating #361 Letter Motion for Leave to File Document; denying #363 Letter Motion to Seal; terminating #367 Letter Motion to Seal; terminating #368 Letter Motion to Seal; terminating #369 Letter Motion for Leave to File Document; terminating #370 Letter Motion for Leave to File Document. It is hereby ORDERED that the parties' motion to file the Daubert Letter under seal is GRANTED. It is further ORDERED that Plaintiff's motion to file its response to the Daubert Letter under seal is DENIED, without prejudice to refile. Plaintiff's response shall remain under seal at this time. Any renewed motion to file under seal shall be made by October 28, 2022. The parties are reminded that this Order covers only the redaction of information submitted in the Daubert Letter. That information may be filed under seal in connection with the Daubert Letter does not mean it may be filed under seal in connection with Defendant's motion for summary judgment or at trial. See Maxwell, 929 F.3d at 53 ("Materials submitted in connection with a motion for summary judgment are subject to a strong presumption of public access."); Amodeo, 71 F.3d at 1049 ("[T]he public has an especially strong right of access to evidence introduced in trials."). The Clerk of Court is respectfully directed to close the motions at Dkt. 360, Dkt. 361, Dkt. 363, Dkt. 367, Dkt. 368, Dkt. 369, and Dkt. 370.. (Signed by Judge Lorna G. Schofield on 10/24/2022) (rro)
October 24, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 10/28/2022. (rro)
October 21, 2022 Opinion or Order Filing 370 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana M. Torres dated October 11, 2022. Document filed by Pepsico Inc...(Torres, Diana)
October 21, 2022 Opinion or Order Filing 369 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana M. Torres dated October 11, 2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #368 .(Torres, Diana)
October 21, 2022 Opinion or Order Filing 368 LETTER MOTION to Seal in response to #366 Order addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated October 21, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
October 21, 2022 Opinion or Order Filing 367 LETTER MOTION to Seal Portions of PepsiCo's Letters Seeking Leave to File Daubert Motions (Dkt. Nos. 360 and 358) addressed to Judge Lorna G. Schofield from Emily Chambers Welch dated October 21, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
October 14, 2022 Opinion or Order Filing 366 ORDER denying #357 Letter Motion to Seal; denying without prejudice to refile #358 Letter Motion for Leave to File Document. It is hereby ORDERED that Defendant's motion will be briefed as follows: Defendant shall file its Motion and Required Papers by November 4, 2022. Any memorandum of law filed in support of the motion shall not exceed twenty-five (25) pages. Plaintiff shall file its opposition to the motion, not to exceed twenty-five (25) pages, by December 1, 2022. Defendant shall file its reply, not to exceed ten (10) pages, by December 14, 2022. It is further ORDERED that the parties each may file a maximum of 225 pages of exhibits in support of or in opposition to the motion, regardless of the total number of exhibits. Any expert report (or portions of an expert report) filed as an exhibit shall count toward the page total. Any party that files portions of an expert report as an exhibit shall provide the Court with an electronic, text-searchable courtesy copy of the entire document. The parties shall email Schofield_NYSDChambers@nysd.uscourts.gov requesting a link to upload such a courtesy copy. Any relevant or cited portions of an expert report shall be included as an exhibit, and these courtesy copies shall not be used as a means of circumventing the page limits for exhibits. It is further ORDERED that Defendant's request to brief one of its anticipated Daubert motions concurrently with its motion for summary judgment is DENIED. Any Daubert motions shall be briefed together in conjunction with the parties' motions in limine prior to trial. It is further ORDERED that Defendant's request to file its pre-Daubert motion letter under seal is DENIED, without prejudice to refile. All documents currently filed under seal shall remain under seal at this time. Any renewed motion to file under seal shall be made by October 21, 2022. The parties are directed to Section I.D of the Court's Individual Rules for the requirements for filing under seal. The parties are also reminded that the presumption of public access to judicial materials "requires a court to make specific, rigorous findings" that countervailing considerations override the presumption. Olson v. Major League Baseball, 29 F.4th 59, 88 (2d Cir. 2022) (internal quotations omitted). Redactions must be "narrowly tailored" to serve those competing considerations. Lugosch, 435 F.3d 110, 120 (2d Cir. 2006). While preventing competitive harm is recognized as a countervailing interest, redactions should be to "specific business information and strategies, which if revealed, may provide valuable insights... that a competitor would seek to exploit." Louis Vuitton Malletier S.A. v. Sunny Merch. Corp., 97 F. Supp. 3d 485, 511 (S.D.N.Y. 2015) (internal quotation marks omitted). (Signed by Judge Lorna G. Schofield on 10/14/2022) (mml)
October 14, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 11/4/2022. Responses due by 12/1/2022. Replies due by 12/14/2022. (mml)
October 14, 2022 Opinion or Order Filing 365 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated October 14, 2022 re: #361 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
October 14, 2022 Opinion or Order Filing 364 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated October 14, 2022 re: #361 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #363 .(Tanck, Paul)
October 14, 2022 Opinion or Order Filing 363 LETTER MOTION to Seal Letter Response in Opposition to Defendant's Letter Motion Leave to File Daubert Motions addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated October 14, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
October 14, 2022 Opinion or Order Filing 362 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated October 14, 2022 re: #361 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. . Document filed by Riseandshine Corporation..(Tanck, Paul)
October 11, 2022 Opinion or Order Filing 361 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. Document filed by Pepsico Inc...(Torres, Diana)
October 11, 2022 Opinion or Order Filing 360 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 11, 2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #357 .(Torres, Diana)
October 11, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Diana Torres to RE-FILE Document #359 LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 10, 2022.. ERROR(S): Incomplete Document (i.e., No Court Type, No Parties, No Case Number, No Document Type. (kj)
October 10, 2022 Opinion or Order Filing 359 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 10, 2022. Document filed by Pepsico Inc...(Torres, Diana) Modified on 10/11/2022 (kj).
October 10, 2022 Opinion or Order Filing 358 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Daubert challenges addressed to Judge Lorna G. Schofield from Diana Torres dated October 10, 2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #357 .(Torres, Diana)
October 10, 2022 Opinion or Order Filing 357 LETTER MOTION to Seal re Premotion Letter addressed to Judge Lorna G. Schofield from Diana Torres dated October 10, 2022. Document filed by Pepsico Inc...(Torres, Diana)
October 10, 2022 Opinion or Order Filing 356 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Dale M. Cendali dated October 10, 2022 re: Status Update on Settlement Discussions and Proposing a Briefing Schedule. Document filed by Riseandshine Corporation..(Tanck, Paul)
October 3, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: In Person Settlement Conference held on 10/3/2022. The parties did not reach as settlement. Attorneys Jason Rosenberg and Paul Tanck appeared on behalf of plaintiff along with Grany Gyesky (CEO of Rise Brewing). Attorneys Diana Torres, Luke Budiardjo, and Dale Cendali appeared on behalf of Defendant along with Amy Carriello (PepsiCo Vice President of North America Litigation, Food Safety and Regulatory Affairs). (ne)
September 29, 2022 Opinion or Order Filing 355 SEALING ORDER granting #317 Letter Motion to Seal; granting #325 Letter Motion to Seal. The Letter-Motions at ECF Nos. 317 and 325 to file the documents at ECF Nos. 319 and 327 with redactions is GRANTED. The documents at ECF Nos. 318 and 326 shall remain as visible only to selected parties. The Clerk of Court is respectfully directed to close ECF Nos. 317 and 325. (Signed by Magistrate Judge Sarah L Cave on 9/29/2022) (ate)
September 27, 2022 Opinion or Order Filing 354 NOTICE OF APPEARANCE by Luke Budiardjo on behalf of Pepsico Inc...(Budiardjo, Luke)
September 15, 2022 Opinion or Order Filing 353 MEMO ENDORSEMENT on re: #351 Letter filed by Pepsico Inc. ENDORSEMENT: Following the conference with Judge Cave, and no later than October 10, 2022, the parties shall file a joint letter apprising the Court of the progress of settlement discussions and, if those discussions are not fruitful, proposing a briefing schedule and/or trial date. (Signed by Judge Lorna G. Schofield on 9/15/2022) (vfr)
September 14, 2022 Opinion or Order Filing 352 SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Monday, October 3, 2022 at 11:30 am and will take place in person, in Courtroom 18A, 500 Pearl Street, New York, New York. As set forth in paragraph 4 of the Standing Order, written submissions must be submitted to the Court and opposing counsel. These submissions must be emailed, with a copy to opposing counsel, to Chambers at cave_nysdchambers@nysd.uscourts.gov no later than September 28, 2022; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other sides submission before the conference. SO ORDERED. ( Settlement Conference set for 10/3/2022 at 11:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/14/22) (yv)
September 14, 2022 Opinion or Order Filing 351 LETTER addressed to Judge Lorna G. Schofield from Dale M. Cendali dated September 14, 2022 re: scheduling. Document filed by Pepsico Inc...(Cendali, Dale)
September 8, 2022 Opinion or Order Filing 350 ORDER: granting #340 Letter Motion for Leave to File Document; granting #341 Letter Motion for Leave to File Document. It is hereby ORDERED that, for the reasons discussed at the conference, by September 14, 2022, the parties shall file a joint letter apprising the Court on the progress of ongoing settlement discussions and if they do not view those discussions as fruitful, proposing a briefing schedule on Defendant's motion for summary judgment and/or a trial date. The Clerk of Court is respectfully directed to close the motion at Dkt. Nos. 340 and 341. (Signed by Judge Lorna G. Schofield on 9/08/2022) (ama)
September 7, 2022 Opinion or Order Filing 349 ORDER granting #271 Letter Motion to Seal. Plaintiff's sealing application is GRANTED for substantially the reasons stated in Plaintiff's letter. The letter at Dkt. No. 272 shall be sealed with access limited to the parties listed in the appendix. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 271. (Signed by Judge Lorna G. Schofield on 9/6/2022) (mml)
September 7, 2022 Opinion or Order Filing 348 ORDER granting #267 Letter Motion to Seal. Plaintiff's sealing application is GRANTED for substantially the reasons stated in Plaintiff's letter. The letter at Dkt. No. 268 shall be sealed with access limited to the parties listed in the appendix. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 267. (Signed by Judge Lorna G. Schofield on 9/6/2022) (mml)
September 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 9/7/2022. (jcs)
August 31, 2022 Opinion or Order Filing 347 ORDER granting #344 Letter Motion to Seal. Plaintiff's sealing application is GRANTED for substantially the reasons stated in Plaintiff's letter. The letter at Dkt. No. 345 shall be sealed with access limited to the parties listed in the appendix. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 344. (Signed by Judge Lorna G. Schofield on 8/31/2022) (mml)
August 30, 2022 Opinion or Order Filing 346 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated August 30, 2022 re: #340 LETTER MOTION for Leave to File a Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Dale M. Cendali dated 08/24/2022. (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
August 30, 2022 Opinion or Order Filing 345 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated August 30, 2022 re: #340 LETTER MOTION for Leave to File a Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Dale M. Cendali dated 08/24/2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #344 .(Tanck, Paul)
August 30, 2022 Opinion or Order Filing 344 LETTER MOTION to Seal Portions of the Response in Opposition to Defendant's Letter Motion for Leave to File a Motion for Summary Judgment addressed to Magistrate Judge Sarah L. Cave from Emily Chambers Welch dated August 30, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
August 25, 2022 Opinion or Order Filing 343 ORDER granting #339 Letter Motion to Seal. Defendant's sealing application is GRANTED for substantially the reasons stated in Defendant's letter. The letter at Dkt. No. 340 shall be sealed with access limited to the parties listed in the appendix. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 339. (Signed by Judge Lorna G. Schofield on 8/25/2022) (rro)
August 25, 2022 Opinion or Order Filing 342 ORDER with respect to #341 Letter Motion for Leave to File Document. By August 30, 2022, Plaintiff shall file any response. So Ordered. (Signed by Judge Lorna G. Schofield on 8/25/2022) (rro)
August 25, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 8/30/2022 (rro)
August 24, 2022 Opinion or Order Filing 341 LETTER MOTION for Leave to File a Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Dale M. Cendali dated 8/24/2022. Document filed by Pepsico Inc...(Cendali, Dale)
August 24, 2022 Opinion or Order Filing 340 ***SELECTED PARTIES*** LETTER MOTION for Leave to File a Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Dale M. Cendali dated 08/24/2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #339 .(Cendali, Dale)
August 24, 2022 Opinion or Order Filing 339 LETTER MOTION to Seal Pre-Motion Letter Brief Requesting Leave to File a Motion for Summary Judgment addressed to Magistrate Judge Sarah L. Cave from Lauren J. Schweitzer dated 8/24/2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
August 17, 2022 Opinion or Order Filing 338 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 8/12/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
August 17, 2022 Opinion or Order Filing 337 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 8/12/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/7/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/15/2022. (js)
August 15, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 8/15/2022. Attorney Paul Tanck appeared on behalf of Plaintiff. Defendant did not appear. (ne)
August 15, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 8/15/2022 from 10:00 am to 10:15 am and from 10:40 am to 11:25 am. Attorney Dale Cendali appeared on behalf of Defendant. Plaintiff did not appear. (ne)
August 12, 2022 Opinion or Order Filing 336 MANDATE of USCA (Certified Copy) as to #153 Notice of Interlocutory Appeal, filed by Pepsico Inc. USCA Case Number 21-2786. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the grant of the preliminary injunction is VACATED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/12/2002. (Attachments: #1 Opinion).(nd)
August 12, 2022 Opinion or Order Filing 335 ORDER denying #295 Motion to Strike docket entry and document #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. filed by Riseandshine Corporation from the record. The Court orders as follows: 1. For the reasons stated on the record during the Conference, Plaintiff's motion to strike portions of the June 10, 2022 report of Thomas Britven (ECF No. 295) is DENIED; 2. A telephone conference with Defendant's counsel is scheduled for Monday, August 15, 2022 at 10:00 am; and 3. A telephone conference with Plaintiff's counsel is scheduled for Monday August 15, 2022 at 5:30 pm. Counsel are directed to call the Court's conference line at: (866) 390-1828; access code: 380-9799, at the respective times. The parties are directed to promptly order a transcript of today's Conference. The Clerk of Court is respectfully directed to close ECF No. 295. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/12/22) (yv)
August 12, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 8/15/2022 at 05:30 PM before Magistrate Judge Sarah L Cave. (yv)
August 12, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 8/15/2022 at 10:00 AM before Magistrate Judge Sarah L Cave. (ne)
August 12, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 8/12/2022. Attorneys Paul appeared on behalf of Plaintiff. Attorneys Dale Cendali, Diana Torres, and Allison Buchner appeared on behalf of Defendant. (ne)
August 12, 2022 Opinion or Order Transmission of USCA Mandate to the District Judge re: #336 USCA Mandate..(nd)
August 10, 2022 Opinion or Order Filing 334 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck and Dale M. Cendali dated August 10, 2022 re: Status Update on Case Pursuant to this Court's August 8, 2022 Order. Document filed by Riseandshine Corporation..(Tanck, Paul)
August 8, 2022 Opinion or Order Filing 333 ORDER, The Court orders as follows: 1. The parties shall promptly meet and confer and, by August 10, 2022, file a joint letter (the "Letter") regarding (i) the effect, if any, of the Opinion on the scope of discovery, and (ii) whether, in light of the Opinion, the parties would like the Court to hold a settlement conference; and 2. A telephone conference is scheduled for Friday, August 12, 2022 at 10:00 am on the Court's conference line to discuss the Letter. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 8/12/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/8/22) (yv)
July 28, 2022 Opinion or Order Filing 332 ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Upon the oral motion of Shaleen J. Patel, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Attorney Shaleen Patel for Riseandshine Corporation admitted Pro Hac Vice.) (Signed by Magistrate Judge Sarah L Cave on 7/28/22) (yv)
July 28, 2022 Opinion or Order Filing 331 ORDER granting #330 Motion for Shaleen J. Patel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
July 27, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #330 MOTION for Shaleen J. Patel to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
July 26, 2022 Opinion or Order Filing 330 MOTION for Shaleen J. Patel to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Shaleen J. Patel, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order [Proposed] Order).(Patel, Shaleen)
July 26, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #329 MOTION for Shaleen J. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26459319. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order; 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. (sgz)
July 25, 2022 Opinion or Order Filing 329 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shaleen J. Patel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26459319. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Shaleen J. Patel, #2 Exhibit Certificates of Good Standing).(Patel, Shaleen) Modified on 7/26/2022 (sgz).
July 22, 2022 Opinion or Order Filing 328 OPINION of USCA (Certified Copy) as to #153 Notice of Interlocutory Appeal, filed by Pepsico Inc. USCA Case Number 21-2786. In a trademark dispute under the Lanham Act, 15 U.S.C. 1114, 1125(a), and New York law, Defendant-Appellant PepsiCo, Inc., which sold a canned energy drink under the mark "MTN DEW RISE," appeals from a preliminary injunction imposed by the United States District Court for the Southern District of New York (Schofield, J.), at the instance of Plaintiff-Appellee RiseandShine Corporation, which sells a canned coffee drink under the name "RISE." Because we find that the district court erred assessing the strength of Plaintiff's mark and the similarity of the products, we VACATE the preliminary injunction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/22/2022..(nd)
July 13, 2022 Opinion or Order Filing 327 REPLY MEMORANDUM OF LAW in Support re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. [Redacted]. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A Redacted).(Welch, Emily)
July 13, 2022 Opinion or Order Filing 326 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #325 .(Welch, Emily)
July 13, 2022 Opinion or Order Filing 325 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Emily Chambers Welch dated July 13, 2022. Document filed by Riseandshine Corporation..(Welch, Emily)
July 11, 2022 Opinion or Order Filing 324 ORDER: The parties' request to extend the deadline to complete expert depositions (ECF No. 323) is GRANTED, and the Court orders as follows: 1. All expert depositions shall be completed by August 18, 2022, and shall proceed pursuant to the schedule set forth in the parties letter at ECF No. 323; and 2. The telephonic case management conference before the Honorable Lorna G. Schofield scheduled for August 18, 2022 at 4:10 pm is ADJOURNED to Wednesday, September 7, 2022 at 4:10 pm. The parties are directed to call: (888) 363-4749; access code: 5583333, at the scheduled time. Pursuant to Judge Schofields order at ECF No. 291, any party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference. If no pre-motion letter is timely filed, this conference will be cancelled and the matter placed on the Court's trial ready calendar. SO ORDERED. (Deposition due by 8/17/2022., Telephone Conference set for 9/7/2022 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Magistrate Judge Sarah L Cave on 7/11/2022) (jca) Modified on 7/13/2022 (jca).
July 8, 2022 Opinion or Order Filing 323 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Emily Chambers Welch and Allison W. Buchner dated July 8. 2022 re: Pursuant to this Courts June 29, 2022 Order Requiring the Parties to File a Joint Status Letter Setting Forth a Proposed Amended Schedule for Completion of Expert Discovery. Document filed by Riseandshine Corporation..(Welch, Emily)
July 7, 2022 Opinion or Order Filing 322 NOTICE OF APPEARANCE by Christopher Louis McArdle on behalf of Riseandshine Corporation..(McArdle, Christopher)
July 7, 2022 Opinion or Order Filing 321 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 6/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
July 7, 2022 Opinion or Order Filing 320 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 6/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/28/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/5/2022. (js)
July 6, 2022 Opinion or Order Filing 319 MEMORANDUM OF LAW in Opposition re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. Public Redacted Version. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Cendali, Dale)
July 6, 2022 Opinion or Order Filing 318 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. . Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - Excerpts from R Collis Deposition, #2 Exhibit B - Excerpts from Britven Opening Report, #3 Exhibit C - Excerpts from Reed Rebuttal Report, #4 Exhibit D - Excerpts from Britven Rebuttal Report, #5 Exhibit E - Excerpts from June 29 Hearing Transcript)Motion or Order to File Under Seal: #317 .(Cendali, Dale)
July 6, 2022 Opinion or Order Filing 317 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Lauren J. Schweitzer dated July 6, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
July 5, 2022 Opinion or Order Filing 316 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 6/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
July 5, 2022 Opinion or Order Filing 315 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 6/29/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/26/2022. Redacted Transcript Deadline set for 8/5/2022. Release of Transcript Restriction set for 10/3/2022. (js)
June 29, 2022 Opinion or Order Filing 314 ORDER granting in part and denying in part #300 Letter Motion for Discovery; granting in part and denying in part #301 Letter Motion for Discovery.Having reviewed the parties' submissions, and having heard the parties' arguments during the discovery conference held today, June 29, 2022, the Court orders as follows: RiseandShine's Request is DENIED without prejudice to renewal following the close of discovery. See, e.g., On Track Innovations Ltd. v. T-Mobile USA, Inc., 106 F. Supp. 3d 369, 414 (S.D.N.Y. 2015) (deferring until trial request to preclude cumulative expert testimony); Ross Univ. Sch. of Med., Ltd. v. Brooklyn-Queens Health Care, Inc., No. 09-CV-1410 (KAM), 2012 WL 6091570, at *7 (E.D.N.Y. Dec. 7, 2012) (noting that "where, as here, no trial date has been set, preclusion [of experts as cumulative] is premature"). Pepsi's Request is GRANTED IN PART and DENIED IN PART as follows: RiseandShine shall promptly: Search Grant Gyesky's emails for communications involving the seven investors or potential investors (the "Investors") that Mr. Gyesky referenced during his deposition, and produce all communications regarding the Investors' reasons for investing or not investing in RiseandShine; and further set forth in this Order. The parties shall promptly meet and confer regarding (i) a proposed extension of the expert discovery schedule, and (ii) whether they can agree to resolve, without the need for Court intervention, RiseandShine's motion to strike portions of the supplemental expert report of Thomas W. Britven (ECF No. 295). The parties are directed to order a transcript of today's conference. The Clerk of Court is respectfully directed to close ECF Nos. 300 and 301. (Signed by Magistrate Judge Sarah L Cave on 6/29/2022) (rro)
June 29, 2022 Opinion or Order Filing 313 MEMO ENDORSED ORDER granting #309 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Timothy S. Durst's motion to withdraw as counsel for Defendant (ECF No. 309) is GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Durst as counsel for Defendant and to close ECF No. 309. SO ORDERED. (Attorney Timothy S. Durst terminated.) (Signed by Magistrate Judge Sarah L Cave on 6/29/22) (yv)
June 29, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 6/29/2022. Attorneys Neal McLaughlin and Emily Welch appeared on behalf of Plaintiff. Attorneys Diana Torres and Allison Buchner appeared on behalf of Defendant. (ne)
June 28, 2022 Opinion or Order Filing 312 LETTER addressed to Magistrate Judge Sarah L. Cave from Diana Torres dated June 28, 2022 re: supplemental authority in advance of telephonic conference. Document filed by Pepsico Inc...(Torres, Diana)
June 28, 2022 Opinion or Order Filing 311 SEALING ORDER granting #281 Letter Motion to Seal; granting #284 Letter Motion to Seal; granting #296 Letter Motion to Seal; granting #299 Letter Motion to Seal; granting #303 Letter Motion to Seal; granting #307 Letter Motion to Seal. The Letter-Motions at ECF Nos. 281, 284, 296, 299, 303, and 307 to file certain documents at ECF No. 283, 286, 298, 301, 305, and 306 with redactions or under seal is GRANTED. The documents at ECF No. 282, 285, 297, 300, 304, and 308 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF Nos. 281, 284, 296, 299, 303, and 307. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/28/22) (yv)
June 28, 2022 Opinion or Order Filing 310 MEMO ENDORSED ORDER granting #280 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Lauren R. Timmons motion to withdraw as counsel for Plaintiff (ECF No. 280) is GRANTED. The Clerk of Court is respectfully directed to terminate Ms. Timmons as counsel for Plaintiff, and to close ECF No. 280. SO ORDERED. ( Attorney Lauren R. Timmons terminated.) (Signed by Magistrate Judge Sarah L Cave on 6/28/22) (yv)
June 28, 2022 Opinion or Order Filing 309 MOTION for Timothy S. Durst to Withdraw as Attorney . Document filed by Pepsico Inc...(Durst, Timothy)
June 27, 2022 Opinion or Order Filing 308 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated June 27, 2022 re: #300 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 22, 2022. Exhibit B to the above to to be sealed.. Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #307 .(Tanck, Paul)
June 27, 2022 Opinion or Order Filing 307 LETTER MOTION to Seal Exhibit B of Plaintiff's Letter in Response to Pepsico, Inc.'s letter motion seeking a discovery conference. addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated June 27, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
June 27, 2022 Opinion or Order Filing 306 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated June 27, 2022 re: #300 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 22, 2022. . Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Tanck, Paul)
June 23, 2022 Opinion or Order Filing 305 LETTER addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 23, 2022 re: in response to #294 RBC's Letter Requesting Relief. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Declaration of L. Kaplan).(Buchner, Allison)
June 23, 2022 Opinion or Order Filing 304 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 23, 2022 re: in response to #294 RBC's Letter Requesting Relief. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A - Declaration of L. Kaplan)Motion or Order to File Under Seal: #303 .(Buchner, Allison)
June 23, 2022 Opinion or Order Filing 303 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 23, 2022. Document filed by Pepsico Inc...(Buchner, Allison)
June 23, 2022 Opinion or Order Filing 302 ORDER with respect to #301 Letter Motion for Discovery.Plaintiff's request (ECF No. 294) for a stay of its deadline to rebut certain portions of the Rebuttal Report of Thomas W. Britven pending the resolution of a motion to strike is GRANTED. A Telephone Conference is scheduled for Wednesday, June 29, 2022 at 2:00 pm on the Court's conference line to discuss the remaining issues raised in Plaintiff's letter at ECF No. 294, as well as the discovery issues raised in Defendant's letter-motion at ECF No. 301 (the "Letter- Motion"). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Per the Court's Individual Practices, Plaintiff shall file a response to the Letter-Motion by June 27, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/23/2022) (tg)
June 23, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 6/29/2022 at 02:00 PM before Magistrate Judge Sarah L Cave. (tg)
June 22, 2022 Opinion or Order Filing 301 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 22, 2022. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Public Redacted, #2 Exhibit B - Public Redacted, #3 Exhibit C - RBC Response to Second Rogs, #4 Exhibit D - Public Redacted, #5 Exhibit E - Public Redacted, #6 Exhibit F - Public Redacted, #7 Exhibit G - Public Redacted, #8 Exhibit H - RBC Response to First RFPs, #9 Exhibit I - Email re ESI Stipulation).(Buchner, Allison)
June 22, 2022 Opinion or Order Filing 300 ***SELECTED PARTIES*** LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 22, 2022. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - Excerpts from Winer Report, #2 Exhibit B - Excerpts from Reed Opening Report, #3 Exhibit C - RBC Response to Second Rogs, #4 Exhibit D - Excerpts for Gyesky Deposition, #5 Exhibit E - RBC First Amended Responses to Third Rogs, #6 Exhibit F - May 20 Email, #7 Exhibit G - Jan and Feb Emails, #8 Exhibit H - RBC Response to First RFPs, #9 Exhibit I - Email re ESI Stipulation)Motion or Order to File Under Seal: #299 .(Buchner, Allison)
June 22, 2022 Opinion or Order Filing 299 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated June 22, 2022. Document filed by Pepsico Inc...(Buchner, Allison)
June 22, 2022 Opinion or Order Filing 298 MEMORANDUM OF LAW in Support re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. (Redacted). Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit C (Redacted)).(Tanck, Paul)
June 22, 2022 Opinion or Order Filing 297 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #296 .(Tanck, Paul)
June 22, 2022 Opinion or Order Filing 296 LETTER MOTION to Seal Memorandum of Law in Support of Motion to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven and Exhibits A, B and C thereto addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated June 22, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
June 22, 2022 Opinion or Order Filing 295 MOTION to Strike Portions of the June 10, 2022 Expert Report of Thomas Britven. Document filed by Riseandshine Corporation. (Attachments: #1 Text of Proposed Order Proposed Order).(Tanck, Paul)
June 17, 2022 Opinion or Order Filing 294 LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated June 17, 2022 re: Request for Relief. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A).(Tanck, Paul)
June 10, 2022 Opinion or Order Filing 293 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 5/31/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(js)
June 10, 2022 Opinion or Order Filing 292 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 5/31/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/1/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/8/2022. (js)
June 3, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 7/29/2022. (mml)
June 3, 2022 Opinion or Order Filing 291 ORDER: It is hereby ORDERED that the case management conference scheduled for July 6, 2022, is ADJOURNED to August 17, 2022, at 4:10 p.m. The conference will take place telephonically and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. It is further ORDERED that any party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference. If no pre-motion letter is timely filed, this conference will be cancelled and the matter placed on the Court's trial ready calendar. Telephone Conference set for 8/17/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/3/2022) (mml)
June 2, 2022 Opinion or Order Filing 290 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 5/31/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
June 2, 2022 Opinion or Order Filing 289 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 5/31/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022. (js)
May 31, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/31/2022. Attorney Paul Tanck appeared on behalf of Plaintiff. Attorneys Allison Buchner and Lauren Schweitzer appeared on behalf of Defendant. (ne)
May 31, 2022 Opinion or Order Filing 288 ORDER: Having reviewed the parties' additional submissions (ECF Nos. 282, 285), and having heard further arguments from the parties during a nearly two-hour discovery conference held today, May 31, 2022, the Court orders as follows: Pepsis request for an order compelling RiseandShine to produce third-party communications on the use of "Rise" that RiseandShine withheld as irrelevant under Fed. R. Evid. 408 (ECF No. 223 at 2) is GRANTED IN PART to the extent that RiseandShine shall promptly produce the July 11, 2019 and October 16, 2019 letters sent by counsel for RiseandShine to counsel for Rise Biscuits Donuts LLC, and otherwise DENIED. Pepsi's request for an order compelling RiseandShine to produce third-party communications that RiseandShine withheld as privileged (ECF No. 223 at 2-3) is GRANTED IN PART to the extent that RiseandShine shall promptly produce the document identified on RiseandShine's privilege log as Entry No. 996 (see ECF No. 282-1 at 3), and is otherwise DENIED. Pepsi's request for an order compelling RiseandShine to correct deficiencies with its production of text messages (ECF No. 223 at 3) is GRANTED IN PART to the extent that, for the text-message conversations identified in RiseandShine's log (ECF No. 282-2) as beginning with Bates Nos. RISE0028413, RISE0028448, and RISE0028449, RiseandShine shall promptly provide Pepsi with the date and time of each text message appearing in these conversations, and is otherwise DENIED. RiseandShine's request for an order compelling Pepsi to produce "its documents regarding the unaired Super Bowl ad" (ECF No. 229 at 34) is GRANTED IN PART to the extent that Pepsi shall promptly produce any documents reflecting the reason for Pepsi's decision not to run the Super Bowl advertisement, and is otherwise DENIED. RiseandShine's request for an order compelling Pepsi "to supplement its production of financial documents in response to Rise Brewings First Requests for Production, Nos. 19, 21, and 33" (ECF No. 229 at 12) is GRANTED IN PART to the extent that, for MTN DEW RISE ENERGY, Pepsi shall promptly conduct a reasonable search for and produce (i) any quarterly brand-level profit-and-loss statements ("P&Ls") and (ii) to the extent they exist, any monthly or annual brand-level P&Ls, and is otherwise DENIED. RiseandShine's request for an order compelling Pepsi to produce brand-level P&Ls for MTN DEW ENERGY is DENIED WITHOUT PREJUDICE. RiseandShine's request for an order compelling Pepsi "to provide documents responsive to Rise Brewing's Second Requests for Production, Nos. 55, 56, 57, 59, and 60,... and provide a substantive response to [RiseandShine]'s Interrogatory No. 20," (ECF No. 229 at 23) is GRANTED IN PART to the extent that (i) Pepsi shall promptly produce any documents relating to the pricing of Starbucks Nitro in relation to RiseandShine's products, (see e.g., ECF No. 183-10), and (ii) before the June 8, 2022 deposition of Ryan Collis, 1 Pepsi shall produce any documents responsive to Request No. 2, as set forth in the Court's April 14, 2022 Order (see ECF No. 221 1.b.i). The parties are directed to order a transcript of todays conference. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/31/2022) (jca) Modified on 6/3/2022 (jca).
May 26, 2022 Opinion or Order Filing 287 TELEPHONE CONFERENCE SCHEDULING ORDER: A telephone conference is scheduled for Tuesday, May 31, 2022 at 11:00 am on the Court's conference line to resolve the issues identified in the parties' letters at ECF Nos. 282 and 285. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Telephone Conference set for 5/31/2022 at 11:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 5/26/2022) (ate)
May 25, 2022 Opinion or Order Filing 286 LETTER addressed to Magistrate Judge Sarah L. Cave from Allison Buchner dated May 25, 2022 re: in Response to #282 Letter from RBC. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - April 13 Email re Meet and Confer, #2 Exhibit B - Jan 18 Email re Discovery Response, #3 Exhibit C - May 25 Email re Letter to Court, #4 Exhibit D - Excerpts from Gyseky Deposition, #5 Exhibit E - 2021-12-02 PepsiCo's First Requests for Production to RiseandShine Corp).(Buchner, Allison)
May 25, 2022 Opinion or Order Filing 285 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Allison Buchner dated May 25, 2022 re: in Response to #282 Letter from RBC. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A - April 13 Email re Meet and Confer - SEALED, #2 Exhibit B - Jan 18 Email re Discovery Response - SEALED, #3 Exhibit C - May 25 Email re Letter to Court - SEALED, #4 Exhibit D - Exerpts from Gyseky Deposition - SEALED, #5 Exhibit E - 2021-12-02 PepsiCo's First Requests for Production to RiseandShine Corp)Motion or Order to File Under Seal: #284 .(Buchner, Allison)
May 25, 2022 Opinion or Order Filing 284 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Allison Buchner dated May 25, 2022. Document filed by Pepsico Inc...(Buchner, Allison)
May 20, 2022 Opinion or Order Filing 283 LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 20, 2022 re: Response to May 6, 2022 Hearing and Order (Redacted). Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit C (Redacted), #4 Exhibit D (Redacted), #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Tanck, Paul)
May 20, 2022 Opinion or Order Filing 282 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 20, 2022 re: Response to May 6, 2022 Hearing and Order. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #281 .(Tanck, Paul)
May 20, 2022 Opinion or Order Filing 281 LETTER MOTION to Seal Letter in Response to May 6, 2022 Hearing and Order and Exhibits A, B, C and D thereto addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 20, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
May 20, 2022 Opinion or Order Filing 280 MOTION for Lauren R. Timmons to Withdraw as Attorney . Document filed by Riseandshine Corporation..(Timmons, Lauren)
May 19, 2022 Opinion or Order Filing 279 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ROBERT J. GUITE granting #277 Motion for Robert J. Guite to Appear Pro Hac Vice. The motion of Robert J. Guite for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court,including the Rules governing discipline of attorneys.The Clerk of Court is respectfully directed to close ECF No. 277. (Signed by Magistrate Judge Sarah L Cave on 5/19/22) (yv)
May 18, 2022 Opinion or Order Filing 278 ORDER overruling #240 MOTION PepsiCo, Inc.'s Objection to Magistrate Order Dkt. 221 . It is hereby ORDERED that Defendant's objections to the April 14, 2022, Order at Docket No. 221 are OVERRULED. The April 14, 2022, Order -- which permits discovery of certain materials from Defendant related to Starbucks Nitro -- is not clearly erroneous or contrary to law. Defendant contends that such discovery is "wholly irrelevant to the MTN DEW RISE ENERGY Mark in dispute." (Dkt. No. 241 at 6.) This argument is unpersuasive. The Amended Complaint alleges that Defendant "likely knew that the launch of its PepsiCo RISE drink would also destroy a leading competitor to Starbucks' Ready-To-Drink (RTD) coffee drinks, which are distributed by PepsiCo through the North American Coffee Partnership. Through this partnership with Starbucks, PepsiCo has been profiting off of the distribution of Starbucks RTD coffee for more than 20 years." (Dkt. No. 80 paragraph 40.) It was not clearly erroneous or contrary to law for Judge Cave to determine that Topics 18, 19 and 20 of Plaintiff's Rule 30(b)(6) Deposition Notice and Plaintiff's Document Request No. 2 are relevant to those allegations and to Plaintiff's claims against Defendant. (See Dkt. No. 221 at 1-2.) Non-Party Starbucks' Motion to Intervene WHEREAS, Non-Party Starbucks seeks to intervene for the limited purpose of moving for a protective order to prevent discovery of the materials permitted at Dkt. No. 221. Having found no error in Judge Cave's April 14, 2022, Order, it is hereby ORDERED that Starbucks' motion is DENIED as moot. (Signed by Judge Lorna G. Schofield on 5/18/2022) (mml)
May 18, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #277 MOTION for Robert J. Guite to Appear Pro Hac Vice (corrected re Dkt. # 270). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
May 16, 2022 Opinion or Order Filing 277 MOTION for Robert J. Guite to Appear Pro Hac Vice (corrected re Dkt. # 270). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Coffee Company. (Attachments: #1 Affidavit Declaration of Robert J. Guite, #2 Text of Proposed Order., #3 Exhibit Certificate of Good Standing (CA), #4 Exhibit Certificate of Good Standing (MT), #5 Exhibit Certificate of Good Standing (WA)).(Guite, Robert)
May 13, 2022 Opinion or Order Filing 276 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Diana Torres dated May 13, 2022 re: Status Update. Document filed by Riseandshine Corporation..(Tanck, Paul)
May 12, 2022 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 5/6/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
May 12, 2022 Opinion or Order Filing 274 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 5/6/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (js)
May 11, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #270 MOTION for Robert J. Guite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26125557. 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 California;. 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. (sgz)
May 10, 2022 Opinion or Order Filing 273 MEMORANDUM OF LAW in Opposition re: #255 Proposed Order to Show Cause With Emergency Relief . Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B, #3 Exhibit C).(Tanck, Paul)
May 10, 2022 Opinion or Order Filing 272 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #255 Proposed Order to Show Cause With Emergency Relief . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #271 .(Tanck, Paul)
May 10, 2022 Opinion or Order Filing 271 LETTER MOTION to Seal Response to Order to Show Cause and Exhibit A addressed to Judge Lorna G. Schofield from Paul Tanck dated May 10, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
May 10, 2022 Opinion or Order Filing 270 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert J. Guite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26125557. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Coffee Company. (Attachments: #1 Affidavit Declaration of Robert Guite in support, #2 Text of Proposed Order., #3 Exhibit Certificate of Good Standing (CA), #4 Exhibit Certificate of Good Standing (MT), #5 Exhibit Certificate of Good Standing (WA)).(Guite, Robert) Modified on 5/11/2022 (sgz).
May 6, 2022 Opinion or Order Filing 269 OPPOSITION BRIEF re: #267 LETTER MOTION to Seal Plaintiff's Opposition to Defendant Pepsico Inc.'s Objection to Magistrate Judge Order, and Exhibits A, B and C thereto addressed to Judge Lorna G. Schofield from Paul Tanck dated 05/06/2022., #241 Memorandum of Law in Support of Motion . Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A Redacted, #2 Exhibit B Redacted, #3 Exhibit C Redacted, #4 Exhibit D, #5 Exhibit E).(Tanck, Paul)
May 6, 2022 Opinion or Order Filing 268 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #241 Memorandum of Law in Support of Motion . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #267 .(Tanck, Paul)
May 6, 2022 Opinion or Order Filing 267 LETTER MOTION to Seal Plaintiff's Opposition to Defendant Pepsico Inc.'s Objection to Magistrate Judge Order, and Exhibits A, B and C thereto addressed to Judge Lorna G. Schofield from Paul Tanck dated 05/06/2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
May 6, 2022 Opinion or Order Filing 266 ORDER: Having reviewed the parties' submissions, and having heard the parties' arguments during the lengthy discovery conference held today, May 6, 2022, the Court orders as follows: Pepsi's request for an order compelling RiseandShine "to produce documents responsive to these RFPs, or if it is unable to locate responsive documents, to file written responses stating that no documents exist and outlining steps taken to attempt to locate them" is DENIED WITHOUT PREJUDICE. RiseandShine shall promptly identify ten withheld third-party communications concerning the use of "Rise" as to which it believes Fed. R. Evid. 408 may apply (the "Rule 408 Exemplars"). As discussed at the conference, the Rule 408 Exemplars shall include communications with "Rise Up," if any exist. The Court will conduct an in camera review of the Rule 408 Exemplars to determine relevance and the applicability of Rule 408. RiseandShine's request for an order compelling Pepsi to produce documents and information responsive to its requests regarding Starbucks Nitro is DENIED WITHOUT PREJUDICE, pending the resolution of Pepsi's objections to this Court's Order dated April 14, 2022 (ECF No. 221) and Starbucks' motion to intervene. (ECF Nos. 240; 255). The parties are directed to order a transcript of today's conference. (And as further set forth in this order) (Signed by Magistrate Judge Sarah L Cave on 5/6/2022) (ne)
May 6, 2022 Opinion or Order Filing 265 SEALING ORDER granting #252 Letter Motion to Seal. The Letter-Motion at ECF No. 252 to file certain documents at ECF No. 254 with redactions or under seal is GRANTED. The documents at ECF No. 253 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 252. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 5/6/2022) (kv)
May 6, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/6/2022. Attorneys Paul Tanck and Emily Welch appeared on behalf of Plaintiff. Attorneys Allison Buchner, Diana Torres, and Lauren Schweitzer appeared on behalf of Defendant. (ne)
May 5, 2022 Opinion or Order Filing 264 ORDER FOR ADMISSION PRO HAC VICE OF SAGHAR ESFANDIARIFARD granting #239 Motion for Saghar Esfandiarifard to Appear Pro Hac Vice. The Clerk of Court is respectfully directed to close ECF No. 239.. (Signed by Magistrate Judge Sarah L Cave on 5/5/2022) (tg)
May 5, 2022 Opinion or Order Filing 263 ORDER re: #255 Proposed Order to Show Cause With Emergency Relief filed by Starbucks Coffee Company. It is hereby ORDERED that by May 10, 2022, Plaintiff shall file any response, not to exceed ten pages. No response shall be filed by Defendant without leave of Court. (Responses due by 5/10/2022) (Signed by Judge Lorna G. Schofield on 5/5/2022) (kv)
May 5, 2022 Opinion or Order Filing 262 ORDER granting #250 Letter Motion to Stay re: #250 LETTER MOTION to Stay re: #221 Order,,,, #214 Order, Set Deadlines, addressed to Judge Lorna G. Schofield from Lauren Schweitzer dated 5/3/2022., #221 Order. Defendant's application for a stay is GRANTED pending the Court's ruling on Defendant's objections. (Signed by Judge Lorna G. Schofield on 5/5/2022) (ate)
May 5, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #255 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
May 4, 2022 Opinion or Order Filing 261 DECLARATION of Shin Y. Hahn in Support re: #255 Proposed Order to Show Cause With Emergency Relief. Document filed by Starbucks Coffee Company..(Hahn, Shin Young)
May 4, 2022 Opinion or Order Filing 260 NOTICE OF APPEARANCE by Shin Young Hahn on behalf of Starbucks Coffee Company..(Hahn, Shin Young)
May 4, 2022 Opinion or Order Filing 259 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Coffee Company..(Garrity, Paul)
May 4, 2022 Opinion or Order Filing 258 NOTICE OF APPEARANCE by Paul Wendell Garrity on behalf of Starbucks Coffee Company..(Garrity, Paul)
May 4, 2022 Opinion or Order Filing 257 DECLARATION of Chanda Beppu in Support re: #255 Proposed Order to Show Cause With Emergency Relief. Document filed by Starbucks Coffee Company..(Garrity, Paul)
May 4, 2022 Opinion or Order Filing 256 MEMORANDUM OF LAW in Support re: #255 Proposed Order to Show Cause With Emergency Relief . Document filed by Starbucks Coffee Company..(Garrity, Paul)
May 4, 2022 Opinion or Order Filing 255 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Starbucks Coffee Company..(Garrity, Paul) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
May 4, 2022 Opinion or Order Filing 254 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 4, 2022 re: #244 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022. (Redacted). Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted)).(Tanck, Paul)
May 4, 2022 Opinion or Order Filing 253 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 4, 2022 re: #244 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #252 .(Tanck, Paul)
May 4, 2022 Opinion or Order Filing 252 LETTER MOTION to Seal Letter regarding Discovery Disputes addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 4, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
May 4, 2022 Opinion or Order Filing 251 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated May 4, 2022 re: #246 LETTER MOTION for Discovery re Third Parties addressed to Magistrate Judge Sarah L. Cave from Lauren Schweitzer dated April 29, 2022. . Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Tanck, Paul)
May 3, 2022 Opinion or Order Filing 250 LETTER MOTION to Stay re: #221 Order,,,, #214 Order, Set Deadlines,,,,,,,,,,,,,, addressed to Judge Lorna G. Schofield from Lauren Schweitzer dated 5/3/2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
May 3, 2022 Opinion or Order Filing 249 ORDER: It is hereby ORDERED that, by May 6, 2022, Plaintiff shall file a response, not to exceed ten pages. (Signed by Judge Lorna G. Schofield on 5/3/2022) (mml)
May 3, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 5/6/2022. (mml)
May 2, 2022 Opinion or Order Filing 248 SEALING ORDER granting #243 Letter Motion to Seal. The Letter-Motion at ECF No. 243 to file certain documents at ECF No. 245 with redactions or under seal is GRANTED. The documents at ECF No. 244 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 243. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/2/22) (yv)
May 2, 2022 Opinion or Order Filing 247 ORDER granting #244 Letter Motion for Discovery; granting #245 Letter Motion for Discovery; terminating #246 Letter Motion for Discovery. Defendant's letter-motions for a discovery conference with respect to its requests to compel discovery from Plaintiff (ECF Nos. 244, 245) and from four third parties (the "Third Parties") (ECF No. 246) are GRANTED. The Court will address the issues raised in these letter-motions at the May 6, 2022 telephone conference. (See ECF No. 226). Per the Court's Individual Practices, counsel for Plaintiff, who also represent the Third Parties with respect to Defendant's document subpoenas (see ECF No. 246), shall respond to each letter-motion by May 4, 2022. The Clerk of Court is respectfully directed to close ECF Nos. 244, 245, and 246. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/2/22) (yv)
April 30, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #239 MOTION for Saghar Esfandiarifard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26071908. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 29, 2022 Opinion or Order Filing 246 LETTER MOTION for Discovery re Third Parties addressed to Magistrate Judge Sarah L. Cave from Lauren Schweitzer dated April 29, 2022. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Salzinger Subpoena Response, #2 Exhibit B - Tanev Subpoena Response, #3 Exhibit C - Barchue Subpoena Response, #4 Exhibit D - Gaines-Ross Subpoena Response).(Schweitzer, Lauren)
April 29, 2022 Opinion or Order Filing 245 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A - Excerpt from Rise's RFP Responses, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Excerpt from Pepsi's RFP responses, #5 Exhibit E - Email Correspondence).(Buchner, Allison)
April 29, 2022 Opinion or Order Filing 244 ***SELECTED PARTIES*** LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - Excerpt from Rise's RFP Responses, #2 Exhibit B - Excerpt from Kaye Deposition, #3 Exhibit C - Excerpt from Schmidt Deposition, #4 Exhibit D - Excerpt from Pepsi's RFP responses, #5 Exhibit E - Email Correspondence)Motion or Order to File Under Seal: #243 .(Buchner, Allison)
April 29, 2022 Opinion or Order Filing 243 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022. Document filed by Pepsico Inc...(Buchner, Allison)
April 29, 2022 Opinion or Order Filing 242 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 29, 2022 re: #230 LETTER MOTION for Local Rule 37.2 Conference (Redacted) addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated April 21, 2022. . Document filed by Pepsico Inc...(Buchner, Allison)
April 28, 2022 Opinion or Order Filing 241 MEMORANDUM OF LAW in Support re: #240 MOTION PepsiCo, Inc.'s Objection to Magistrate Order Dkt. 221 . . Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A).(Cendali, Dale)
April 28, 2022 Opinion or Order Filing 240 MOTION PepsiCo, Inc.'s Objection to Magistrate Order Dkt. 221 . Document filed by Pepsico Inc.. (Attachments: #1 Text of Proposed Order).(Cendali, Dale)
April 28, 2022 Opinion or Order Filing 239 MOTION for Saghar Esfandiarifard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26071908. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Declaration of S. Esfandiarifard, #2 Exhibit A - New York Certificate of Good Standing, #3 Exhibit B - California Certificate of Good Standing, #4 Text of Proposed Order).(Esfandiarifard, Saghar)
April 27, 2022 Opinion or Order Filing 238 ORDER granting #207 Motion for Allison W. Buchner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
April 27, 2022 Opinion or Order Filing 237 ORDER granting #206 Motion for Monica H. Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
April 22, 2022 Opinion or Order Filing 236 ORDER granting #234 Letter Motion for Extension of Time to File Response/Reply re #234 LETTER MOTION for Extension of Time to File Response/Reply re #230 Letter Motion for Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Dale M. Cendali dated April 22, 2022. Defendant's requested extension (ECF No. 234) is GRANTED. Defendant shall respond to Plaintiff's letter-motion at ECF Nos. 229 and 230 by April 29, 2022. The Clerk of Court is respectfully directed to close ECF No. 234. SO ORDERED. Responses due by 4/29/2022. (Signed by Magistrate Judge Sarah L Cave on 4/22/2022) (tg)
April 22, 2022 Opinion or Order Filing 235 LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated 4/22/2022 re: Rise Brewing Response Letter regarding PepsiCo's Discovery Disputes. Document filed by Riseandshine Corporation..(Tanck, Paul)
April 22, 2022 Opinion or Order Filing 234 LETTER MOTION for Extension of Time to File Response/Reply re #230 Letter Motion for Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Dale M. Cendali dated April 22, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
April 22, 2022 Opinion or Order Filing 233 SEALING ORDER granting #228 Letter Motion to Seal. The Letter-Motion at ECF No. 228 to file certain documents at ECF No. 230 with redactions or under seal is GRANTED. The documents at ECF No. 229 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 228. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/22/22) (yv)
April 22, 2022 Opinion or Order Filing 232 ORDER granting #229 Letter Motion for Local Rule 37.2 Conference; granting #230 Letter Motion for Local Rule 37.2 Conference. Plaintiff's letter-motion for a discovery conference (ECF Nos. 229, 230 (the "Letter-Motion")) is GRANTED. The Court will address the issues raised in the Letter-Motion at the May 6, 2022 telephone conference. (See ECF No. 226). Per the Court's Individual Practices, Defendant shall respond to the Letter-Motion by April 26, 2022. The Clerk of Court is respectfully directed to close ECF Nos. 229 and 230. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/22/22) (yv)
April 22, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 4/26/2022 (yv)
April 21, 2022 Opinion or Order Filing 231 JOINT LETTER addressed to Judge Lorna G. Schofield from Dale M. Cendali dated April 21, 2022 re: identification of date of oral argument before Second Circuit. Document filed by Pepsico Inc...(Cendali, Dale)
April 21, 2022 Opinion or Order Filing 230 LETTER MOTION for Local Rule 37.2 Conference (Redacted) addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated April 21, 2022. Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Redacted)).(Tanck, Paul)
April 21, 2022 Opinion or Order Filing 229 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated April 21, 2022. Document filed by Riseandshine Corporation, Pepsico Inc.. (Attachments: #1 Exhibit D)Motion or Order to File Under Seal: #228 .(Tanck, Paul)
April 21, 2022 Opinion or Order Filing 228 LETTER MOTION to Seal Letter Motion for Local Rule 37.2 Conference and Exhibit D addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated April 21, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
April 18, 2022 Opinion or Order Filing 227 SEALING ORDER granting #222 LETTER MOTION to Seal. The Letter-Motion at ECF No. 222 to file certain documents at ECF No. 224 with redactions or under seal is GRANTED. The documents at ECF No. 223 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 222. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/18/2022) (jca)
April 18, 2022 Opinion or Order Filing 226 ORDER granting #224 LETTER MOTION for Discovery Conference. Defendant's letter-motion for a discovery conference (ECF No. 224 (the "Letter-Motion")) is GRANTED. A telephone conference is scheduled for Friday, May 6, 2022 at 12:00 pm on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. Plaintiffs request for an extension of time to respond to the Letter-Motion (ECF No. 225) is GRANTED. Plaintiff shall respond to the Letter-Motion by April 22, 2022. The Clerk of Court is respectfully directed to close ECF No. 224. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/18/2022) (jca)
April 18, 2022 Opinion or Order Filing 225 CONSENT LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated 4/18/2022 re: Request for Extension. Document filed by Riseandshine Corporation..(Tanck, Paul)
April 18, 2022 Opinion or Order Set/Reset Deadlines: (Responses due by 4/22/2022), Set/Reset Hearings: (Telephone Conference set for 5/6/2022 at 12:00 PM before Magistrate Judge Sarah L Cave.) (jca)
April 14, 2022 Opinion or Order Filing 224 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 14, 2022. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit 1 - RBC's Responses to First RFPs, #2 Exhibit 2 - Email re Meet and Confer, #3 Exhibit 3 - Public Version Redacted in Full, #4 Exhibit 4 - Public Version Redacted in Full, #5 Exhibit 5 - Public Version Redacted in Full).(Buchner, Allison)
April 14, 2022 Opinion or Order Filing 223 ***SELECTED PARTIES***NOTICE of Filing of Sealed Letter Requesting Discovery Conference. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit 1 - RBC's Responses to First RFPs, #2 Exhibit 2 - Email re Meet and Confer, #3 Exhibit 3 - RBC's Privilege Log, #4 Exhibit 4 - Excerpt from J. McGovern Deposition, #5 Exhibit 5 - Excerpt from A. Schmidt Deposition)Motion or Order to File Under Seal: #222 .(Buchner, Allison)
April 14, 2022 Opinion or Order Filing 222 LETTER MOTION to Seal addressed to Magistrate Judge Sarah L. Cave from Allison W. Buchner dated April 14, 2022. Document filed by Pepsico Inc...(Buchner, Allison)
April 14, 2022 Opinion or Order Filing 221 ORDER. The Court orders as follows: Given the Court's Order that Pepsi produce Ryan Collis for a two-hour deposition (ECF No. 214 (the "Mar. 28 Order") at 1), the Court overrules Pepsi's blanket objection to producing any witness concerning Topics 18 and 19, and ORDERS Pepsi to produce a witness, whether Ryan Collis or another witness pursuant to Rule 30(b)(6), to testify as to these three topics, modified as follows as further set forth in this Order. RiseandShine is ORDERED to produce a Rule 30(b)(6) witness to testify regarding Topic 12, modified as follows: "To the extent not protected by attorney-client privilege, RiseandShine's due diligence prior to seeking clearance of RiseandShine's Marks for use and registration in the United States, including but not limited to clearance reports, clearance opinions, trademark searches, trademark search reports, and final agreements with or consents from any third parties" and as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/14/22) (yv)
April 14, 2022 Opinion or Order Filing 220 OPINION & ORDER re: #213 LETTER MOTION for Conference re: #211 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. re motion to increase bond. addressed to Judge Lorna G. Schofield from Dale M. Cendal filed by Pepsico Inc., #212 LETTER MOTION for Conference re motion to increase bond addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. filed by Pepsico Inc. For the reasons set forth above, Pepsi's Motion is DENIED. The Clerk of the Court is respectfully directed to close ECF Nos. 212 and 213. (Signed by Magistrate Judge Sarah L Cave on 4/14/2022) (ate)
March 31, 2022 Opinion or Order Filing 219 SEALING ORDER: granting #211 Letter Motion to Seal; granting #216 Letter Motion to Seal. The Letter-Motions at ECF Nos. 211 and 216 to file the documents at ECF Nos. 213 and 218 with redactions are GRANTED. The documents at ECF Nos. 212 and 217 shall remain as visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF Nos. 211 and 216. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/31/2022) (ama)
March 30, 2022 Opinion or Order Filing 218 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated March 30, 2022 re: #212 LETTER MOTION for Conference re motion to increase bond addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. (Redacted). Document filed by Riseandshine Corporation..(Tanck, Paul)
March 30, 2022 Opinion or Order Filing 217 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated March 30, 2022 re: #212 LETTER MOTION for Conference re motion to increase bond addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. . Document filed by Riseandshine Corporation, Pepsico Inc.. Motion or Order to File Under Seal: #216 .(Tanck, Paul)
March 30, 2022 Opinion or Order Filing 216 LETTER MOTION to Seal Plaintiff's Opposition to Defendant's Motion to Increase the Bond addressed to Magistrate Judge Sarah L. Cave from Paul Tanck dated March 30, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
March 28, 2022 Opinion or Order Filing 215 ORDER with respect to #213 Letter Motion for Conference re: #213 LETTER MOTION for Conference re: #211 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. re motion to increase bond. addressed to Judge Lorna G. Schofield from Dale M. Cendali. By March 30, 2022, Plaintiff shall file a response, not to exceed three pages. The parties are directed to raise this application directly with Magistrate Judge Cave. So Ordered. (Signed by Judge Lorna G. Schofield on 3/28/2022) (jca)
March 28, 2022 Opinion or Order Filing 214 ORDER: Before the Court is the parties' joint letter regarding: (i) the status of all remaining fact witness depositions, including their disputes as to two of those depositions; (ii) the parties' disputes concerning the topics for their Fed. R. Civ. P. 30(b)(6) witness depositions (the "30(b)(6) Disputes"); and (iii) the expert discovery schedule. (ECF No. 210 (the "Joint Letter")). Having reviewed the Joint Letter, the Court orders as follows: 1. The fact depositions to which the parties have agreed shall proceed according to the schedule set forth in the Joint Letter (see ECF No. 210 at 2); 2. The deposition of Jennifer Tousignant shall take place on May 4, 2022; 3. Plaintiff's request to depose Ryan Collis is GRANTED IN PART and DENIED IN PART. 4. The Court will rule on the 30(b)(6) Disputes in due course and by separate order; and 5. The parties' requested extension of the expert discovery deadline is GRANTED, and their proposed interim deadlines are ADOPTED as follows: a. Round 1 By May 20, 2022, the parties shall serve opening expert reports on issues for which each party carries the burden of proof; b. Round 2 By June 10, 2022, the parties shall serve opening expert reports on issues for which each party does not carry the burden of proof, c. Round 3 By July 1, 2022: The parties shall serve rebuttal expert reports to those opening reports provided in Round 2, provided that the parties agree that new surveys are not to be submitted in Round 3. d. Expert depositions shall take place between July 5 and July 22, 2022. e. By July 29, 2022, the parties shall file a joint letter certifying the completion of expert discovery. SO ORDERED. (Deposition due by 7/22/2022.) (Signed by Magistrate Judge Sarah L Cave on 3/28/2022) (jca)
March 28, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 3/30/2022 (jca)
March 25, 2022 Opinion or Order Filing 213 LETTER MOTION for Conference re: #211 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. re motion to increase bond. addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
March 25, 2022 Opinion or Order Filing 212 ***SELECTED PARTIES*** LETTER MOTION for Conference re motion to increase bond addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. Document filed by Pepsico Inc., Riseandshine Corporation.Motion or Order to File Under Seal: #211 .(Cendali, Dale)
March 25, 2022 Opinion or Order Filing 211 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 25, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
March 25, 2022 Opinion or Order Filing 210 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Paul Tanck and Dale M. Cendali dated 3/25/2022 re: Status of all remaining fact witness depositions and any disputes concerning the Parties' topics for Fed. R. Civ. P. 30(b)(6) witness(es). Document filed by Riseandshine Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B).(Tanck, Paul)
March 23, 2022 Opinion or Order Filing 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 3/17/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(yv)
March 23, 2022 Opinion or Order Filing 208 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 3/17/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 4/13/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/21/2022.(yv)
March 22, 2022 Opinion or Order Filing 207 MOTION for Allison W. Buchner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25896749. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Declaration of Allison W. Buchner, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Buchner, Allison)
March 22, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #206 MOTION for Monica H. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25890673. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 22, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #207 MOTION for Allison W. Buchner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25896749. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 21, 2022 Opinion or Order Filing 206 MOTION for Monica H. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25890673. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Text of Proposed Order).(Smith, Monica)
March 17, 2022 Opinion or Order Filing 205 ORDER: Pursuant to the Telephone Conference held today, March 17, 2022, the Court orders as follows: 1. The following witnesses' depositions shall take place on the following dates: As further set forth by this Order. 2. For all depositions, the parties shall meet and confer to agree on start and end times that reasonably accommodate the witnesses' personal and work schedules; 3. By March 25, 2022, the parties shall file a joint letter (i) confirming that all remaining fact witness depositions have been scheduled; and (ii) advising whether there are any disputes regarding the topics for either party's Fed. R. Civ. P. 30(b)(6) witness(es) as to which the parties seek the Court's ruling, and, if so, attaching the topics to the joint letter; 4. The depositions of non-parties Steven Salzinger and Hudson Gaines-Ross shall count toward Defendant's limit of fourteen depositions, and Plaintiff has foregone the right to question those witnesses at their depositions; 5. The deadline to complete document discovery, apart from specific post-deposition requests for production, if necessary, remains April 29, 2022; 6. All fact witness depositions shall be completed by May 13, 2022; 7. All expert discovery shall be completed by June 27, 2022; and 8. The parties are directed to order a transcript of todays conference. SO ORDERED. ( Deposition due by 5/13/2022., Discovery due by 4/29/2022., Expert Discovery due by 6/27/2022.) (Signed by Magistrate Judge Sarah L Cave on 3/17/2022) (tg)
March 17, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/17/2022. Attorneys Paul Tanck and Emily Welch appeared on behalf of Plaintiff. Attorneys Dale Cendali and Lauren Schweitzer appeared on behalf of Defendant. (ne)
March 16, 2022 Opinion or Order Filing 204 TELEPHONE CONFERENCE SCHEDULING ORDER: A Telephone Conference is scheduled for Thursday, March 17, 2022 at 2:00 pm on the Court's conference line to discuss the issues raised in the parties' letters at ECF Nos. 201 and 202. The parties are directed to call: (866) 390-1828; access code: 380-9799, at least five minutes before the scheduled time. SO ORDERED. ( Telephone Conference set for 3/17/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/16/22) (yv) Modified on 3/16/2022 (yv).
March 16, 2022 Opinion or Order Filing 203 ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/16/2022) (jca)
March 14, 2022 Opinion or Order Filing 202 LETTER addressed to Judge Lorna G. Schofield from Dale M. Cendali dated March 14, 2021 re: Status of Productions, Depositions, and Case Schedule. Document filed by Pepsico Inc...(Cendali, Dale)
March 14, 2022 Opinion or Order Filing 201 LETTER addressed to Judge Lorna G. Schofield from Paul Tanck dated 3/14/2022 re: Status of Additional Productions and Dates Certain for All Remaining Depositions. Document filed by Riseandshine Corporation..(Tanck, Paul)
March 7, 2022 Opinion or Order Filing 200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
March 7, 2022 Opinion or Order Filing 199 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/6/2022..(Moya, Goretti)
March 4, 2022 Opinion or Order Filing 198 ORDER granting #180 Motion for Lauren J. Schweitzer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
March 3, 2022 Opinion or Order Filing 197 ORDER: It is hereby ORDERED that, for substantially the reasons stated by Defendant, Defendant's request for production of certain categories of text messages is GRANTED. It is further ORDERED that Defendant's request for documents concerning Plaintiff's "Organic" and "Vanilla" labeling is GRANTED in part. It is further ORDERED that Defendant's request for documents showing Plaintiff's funding of this litigation is DENIED. It is further ORDERED that, by March 10, 2022, Plaintiff shall produce its privilege log. It is further ORDERED that, for substantially the reasons stated by Defendant, Defendant's request for each side to take up to fourteen depositions is GRANTED. It is further ORDERED that Defendant's request to extend discovery by seven weeks is DENIED without prejudice to renewal. It is further ORDERED that Plaintiff's request for documents related to Defendant's distribution contracts is GRANTED in part. It is further ORDERED that Plaintiff's request for Defendant to answer certain interrogatories is GRANTED in part. By March 10, 2022, Defendant shall identify any of its current or former employees who attended, or were consulted or informed about, the meetings with or regarding Plaintiff on or around September 20, 2017, May 10, 2018, January 24, 2019, and April 30, 2019. It is further ORDERED that Plaintiff's request for documents responsive to Request Nos. 21, 49, and 51 is GRANTED in part. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 3/3/2022) (jca)
March 1, 2022 Opinion or Order Filing 196 JOINT PRE-CONFERENCE STATEMENT . Document filed by Pepsico Inc.. (Attachments: #1 Exhibit 1 - RBC's Objections and Responses to First Requests for Production).(Cendali, Dale)
March 1, 2022 Opinion or Order Filing 195 ORDER granting #188 Letter Motion to Seal. Defendant's sealing application is GRANTED for substantially the reasons stated in Defendant's letter. The materials at Dkt. No. 189, including Defendant's exhibits, shall remain under seal with access limited to the parties listed in the Appendix 1. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 188. (Signed by Judge Lorna G. Schofield on 3/1/2022) (rro)
February 23, 2022 Opinion or Order Filing 194 ORDER terminating #184 Letter Motion for Discovery; granting #192 Letter Motion for Extension of Time to Complete Discovery. It is hereby ORDERED that, for the reasons discussed at the hearing, the Court declines to make an indicative ruling and defers consideration of the underlying motion to supplement and/or amend. It is further ORDERED that, by March 1, 2022, the parties shall raise any discovery issues in a joint letter. The letter shall include headings identifying each issue and, for each issue raised, shall include a brief description from the party raising the issue immediately followed by the opposing party's response to that issue. It is further ORDERED that Defendant's motion to extend discovery by three weeks is granted. An amended Case Management Plan will issue separately. It is further ORDERED that the parties shall file a joint letter notifying the Court of the date of oral argument before the Second Circuit (once scheduled). The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 184 and 192. (Signed by Judge Lorna G. Schofield on 2/23/22) (yv)
February 23, 2022 Opinion or Order Filing 193 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Deposition due by 4/29/2022. Fact Discovery due by 4/29/2022. The deadlines in 8(b) through 8(f) may be set by the written consent of the parties, without application to the Court, so long as all fact discovery is completed by April 29, 2022. Expert Discovery due by 6/13/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. The parties shall file a proposed protective order by December 9, 2021. By December 16, 2021, the parties shall meet and confer on the number of initial interrogatories and deposition limits and file a letter, not to exceed three pages, apprising the Court of either a joint proposal or each party's respective proposals. Pre-Motion Conference set for 7/6/2022 at 04:10 PM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/23/22) (yv)
February 22, 2022 Opinion or Order Filing 192 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Lauren J. Schweitzer dated February 22, 2022. Document filed by Pepsico Inc...(Schweitzer, Lauren)
February 22, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 2/22/2022. (Court Reporter Present) (jcs)
February 19, 2022 Opinion or Order Filing 190 LETTER addressed to Judge Lorna G. Schofield from Dale M. Cendali dated February 19, 2022 re: ECF 189. Document filed by Pepsico Inc...(Cendali, Dale)
February 19, 2022 Opinion or Order Filing 189 ***SELECTED PARTIES***DECLARATION of Diana M. Torres in Opposition re: #181 LETTER MOTION for Conference for Permission to File a Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 addressed to Judge Lorna G. Schofield from Paul Tanck dated February15, 2022.. Document filed by Pepsico Inc., Riseandshine Corporation. (Attachments: #1 Exhibit A - PEPSICO0007814, #2 Exhibit B - Lyons Exhibit 15, #3 Exhibit C - Lyons Exhibit 11, #4 Exhibit D - Lyons Exhibit 16 - Part 1, #5 Exhibit D - Lyons Exhibit 16 - Part 2, #6 Exhibit D - Lyons Exhibit 16 - Part 3, #7 Exhibit E - Lyons Exhibit 14, #8 Exhibit F - Lyons Exhibit 19, #9 Exhibit G - Lyons Exhibit 20 - Part 1, #10 Exhibit G - Lyons Exhibit 20 - Part 2, #11 Exhibit H - PEPSICO0006790, #12 Exhibit I - Lyons Exhibit 21, #13 Exhibit J - PEPSICO0013332, #14 Exhibit K - Lyons Exhibit 22, #15 Exhibit L - Lyons Exhibit 25 - Part 1, #16 Exhibit L - Lyons Exhibit 25 - Part 2, #17 Exhibit L - Lyons Exhibit 25 - Part 3, #18 Exhibit L - Lyons Exhibit 25 - Part 4)Motion or Order to File Under Seal: #188 .(Torres, Diana)
February 19, 2022 Opinion or Order Filing 188 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Diana Torres dated February 19, 2022. Document filed by Pepsico Inc...(Torres, Diana)
February 18, 2022 Opinion or Order Filing 191 ORDER granting in part #186 Letter Motion for Leave to File Document. Application GRANTED in part. By February 18, 2022, Defendant may submit no more than twelve exhibits and a declaration authenticating those exhibits, excerpting relevant parts and explaining the context of thetwo powerpoints included as Plaintiff's Exhibits 9 and 10 (Dkt Nos. 183-9 and 183-10). In response to Defendant's letter motion and Plaintiff's response (Dkt. Nos. 184, 185), the Court will discuss the form of the proposed letter at the February 22, 2022, conference. (Signed by Judge Lorna G. Schofield on 2/18/2022) (mml)
February 18, 2022 Opinion or Order Filing 187 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Dale M. Cendali dated February 18, 2022 re: #181 LETTER MOTION for Conference for Permission to File a Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 addressed to Judge Lorna G. Schofield from Paul Tanck dated February15, 2022. . Document filed by Pepsico Inc...(Cendali, Dale)
February 18, 2022 Opinion or Order Filing 186 LETTER MOTION for Leave to File Declaration and Documents in response to #183 Tanck Declaration addressed to Judge Lorna G. Schofield from Dale M. Cendali dated February 18, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
February 18, 2022 Opinion or Order NOTICE REGARDING February 22, 2022 CONFERENCE: Members of the press and public may dial into this conference using Conference Call In Number: (888) 363-4749; and Access Code: 558-3333..(jcs)
February 17, 2022 Opinion or Order Filing 185 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Paul Tanck dated February 17, 2022 re: #184 LETTER MOTION for Discovery re Clarification of January 7, 2022 Order at Dkt. 177 addressed to Judge Lorna G. Schofield from Dale M. Cendali dated February 17, 2022. . Document filed by Riseandshine Corporation..(Tanck, Paul)
February 17, 2022 Opinion or Order Filing 184 LETTER MOTION for Discovery re Clarification of January 7, 2022 Order at Dkt. 177 addressed to Judge Lorna G. Schofield from Dale M. Cendali dated February 17, 2022. Document filed by Pepsico Inc...(Cendali, Dale)
February 16, 2022 Opinion or Order Filing 183 ***SELECTED PARTIES***DECLARATION of Paul Tanck . Document filed by Riseandshine Corporation, Pepsico Inc.. (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, #12 Exhibit 12)Motion or Order to File Under Seal: #182 .(Tanck, Paul)
February 16, 2022 Opinion or Order Filing 182 ORDER granting #181 Letter Motion for Conference for Permission to File a Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 addressed to Judge Lorna G. Schofield from Paul Tanck dated February15, 2022. By February 16, 2022, Plaintiff shall file copies of the exhibits and deposition testimony referenced in the letter. Plaintiff may file those exhibits provisionally under seal. By February 18, 2022, Defendant shall file any response, not to exceed three pages. It is further ORDERED that the parties shall be prepared to appear for a conference on February 22, 2022, at 4:00 p.m. via Zoom. So Ordered. Status Conference set for 2/22/2022 at 4:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/16/2022) (vfr)
February 15, 2022 Opinion or Order Filing 181 LETTER MOTION for Conference for Permission to File a Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 addressed to Judge Lorna G. Schofield from Paul Tanck dated February15, 2022. Document filed by Riseandshine Corporation..(Tanck, Paul)
February 10, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #180 MOTION for Lauren J. Schweitzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25705823. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 9, 2022 Opinion or Order Filing 180 MOTION for Lauren J. Schweitzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25705823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Declaration, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Schweitzer, Lauren)
February 7, 2022 Opinion or Order Filing 179 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Diana Torres dated February 7, 2022 re: the Court's Order dated 12/6/2021 (Dkt. 164) - re: requirements of Individual Rule of Practice IV.A.2. Document filed by Riseandshine Corporation..(Tanck, Paul)
January 13, 2022 Opinion or Order Filing 178 ORDER granting #166 Motion for Diana M. Torres to Appear Pro Hac Vice; granting #167 Motion for Maria Monica Beltran to Appear Pro Hac Vice; and granting #175 Motion for Emily Chambers Welch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
January 7, 2022 Opinion or Order Filing 177 MEMO ENDORSEMENT on re: #176 Letter filed by Pepsico Inc. ENDORSEMENT: The Court has reviewed the letters docketed as Dkt. No. 172 and Dkt. No. 176. The Court is not convinced that sufficient communications have taken place between counsel. Thus, all requests for relief in these letters are DENIED without prejudice. The parties are directed to confer in person or by telephone at length about all discovery disputes in a sincere attempt to understand the other side's position and to reach a resolution. At the in-person or telephonic conference, the parties shall discuss each issue in detail making every possible effort to reach a reasonable agreement as to that issue. As part of this process, the Court expects that discovery disputes will be significantly narrowed even if they cannot all be eliminated. If any disputes remain, they shall be presented in the form of a jointly composed letter that describes each dispute in detail and provides the opposing party's position as to that dispute in detail. Before filing such a letter, each side shall give the other an opportunity to adjust its portion of the letter to respond to the other side's written draft describing its side of the dispute. As part of this process, the Court expects that additional narrowing of disputes will be possible. Of course, each side must make itself available to consult telephonically with opposing counsel as part of the composition process. It is critical that each party address in the final letter its responses to the other side's position as to each issue. The Court notes that if such a letter is filed, the Court may decide any disputes based solely on the letter. So Ordered. (Signed by Judge Lorna G. Schofield on 1/7/2022) (tg)
January 5, 2022 Opinion or Order Filing 176 LETTER addressed to Judge Lorna G. Schofield from Dale M. Cendali dated January 5, 2022 re: Defendant's Response to #172 Letter, Pursuant to #173 Memo Endorsement. Document filed by Pepsico Inc...(Cendali, Dale)
January 4, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #175 MOTION for Emily Chambers Welch 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. (aea)
January 3, 2022 Opinion or Order Filing 175 MOTION for Emily Chambers Welch 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 Emily Chambers Welch for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Welch, Emily)
December 27, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #174 MOTION for Emily Chambers Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25508154. 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 Georgia (State - not District Court);. 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.. (aea)
December 23, 2021 Opinion or Order Filing 174 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Emily Chambers Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25508154. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Riseandshine Corporation. (Attachments: #1 Affidavit of Emily Chambers Welch for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Welch, Emily) Modified on 12/27/2021 (aea).
December 22, 2021 Opinion or Order Filing 173 MEMO ENDORSEMENT on re: #172 Letter filed by Riseandshine Corporation. ENDORSEMENT: By January 5, 2022, Defendant shall file any response, not to exceed three pages. (Signed by Judge Lorna G. Schofield on 12/22/2021) (jca)
December 21, 2021 Opinion or Order Filing 172 LETTER addressed to Judge Lorna G. Schofield from Emily Welch dated 12/21/2021 re: Discovery Dispute. Document filed by Riseandshine Corporation..(Welch, Emily)
December 16, 2021 Opinion or Order Filing 171 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Dale Cendali dated 12/16/2021 re: Outstanding Discovery Limit Issues. Document filed by Riseandshine Corporation..(Tanck, Paul)
December 10, 2021 Opinion or Order Filing 170 NOTICE of Compliance with Preliminary Injunction re: #149 Memorandum & Opinion,,,,,,,,,,,,. Document filed by Pepsico Inc...(Kennedy, Susan)
December 10, 2021 Opinion or Order Filing 169 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. The parties are further directed to follow the Court's Individual Rule I.D.3 regarding motions for approval of sealed or redacted filings. SO STIPULATED AND AGREED. So Ordered. (Signed by Judge Lorna G. Schofield on 12/10/2021) (jca)
December 9, 2021 Opinion or Order Filing 168 PROPOSED PROTECTIVE ORDER. Document filed by Riseandshine Corporation..(Tanck, Paul)
December 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #166 MOTION for Diana M. Torres to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25439943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #167 MOTION for Maria Monica Beltran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25440009. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 8, 2021 Opinion or Order Filing 167 MOTION for Maria Monica Beltran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25440009. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Declaration, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Beltran, Maria)
December 8, 2021 Opinion or Order Filing 166 MOTION for Diana M. Torres to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25439943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsico Inc.. (Attachments: #1 Declaration, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Torres, Diana)
December 7, 2021 Opinion or Order Filing 165 ORDER of USCA (Certified Copy) as to #153 Notice of Interlocutory Appeal, filed by Pepsico Inc. USCA Case Number 21-2786. Appellant moves to stay the district court's order granting a preliminary injunction and to expedite this appeal. Upon due consideration, it is hereby ORDERED that the request for a stay is DENIED, and the temporary stay ordered by the applications judge is TERMINATED, because Appellant has not demonstrated that a stay is warranted. See U.S. Sec. & Exch. Comm'n v. Citigroup Global Mkts. Inc., 673 F.3d 158, 16263 (2d Cir. 2012); see also Nken v. Holder, 556 U.S. 418, 43435 (2009). It is further ordered that the request to expedite the appeal is GRANTED. The parties are directed to submit a proposed briefing schedule (or alternative proposed schedules) within seven days of the entry of this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/7/2021. (tp)
December 6, 2021 Opinion or Order Filing 164 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. The deadlines in 8(b) through 8(f) may be set by the written consent of the parties, without application to the Court, so long as all fact discovery is completed by April 8, 2022. Plaintiff's Position: Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Defendant's Position: Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. The parties shall file a proposed protective order by December 9, 2021. By December 16, 2021, the parties shall meet and confer on the number of initial interrogatories and deposition limits and file a letter, not to exceed three pages, apprising the Court of either a joint proposal or each party's respective proposals. This case is to be tried to a jury. Joinder of Parties due by 12/9/2021. Deposition due by 4/29/2022. Fact Discovery due by 4/8/2022. Expert Discovery due by 5/23/2022. Telephone Conference set for 6/8/2022 at 04:10 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Courts Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/3/2021) (mml)
December 6, 2021 Opinion or Order Filing 163 ORDER: WHEREAS, a Rule 16 conference in this matter is scheduled for December 9, 2021. (Dkt No. 146.) WHEREAS, no significant issues were raised in the parties' proposed case management plan. (See Dkt. No. 145.) It is hereby ORDERED that, the December 9, 2021, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. (Signed by Judge Lorna G. Schofield on 12/3/2021) (vfr)
December 2, 2021 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of Pepsico Inc...(Cendali, Dale)
November 17, 2021 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 21-2786, Certified Supplemental Indexed record on Appeal Electronic Files for #160 Transcript,, were transmitted to the U.S. Court of Appeals..(nd)
November 16, 2021 Opinion or Order Filing 161 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/8/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
November 16, 2021 Opinion or Order Filing 160 TRANSCRIPT of Proceedings re: conference held on 10/8/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 12/7/2021. Redacted Transcript Deadline set for 12/17/2021. Release of Transcript Restriction set for 2/14/2022..(Moya, Goretti)
November 9, 2021 Opinion or Order Filing 159 ORDER of USCA (Certified Copy) as to #153 Notice of Interlocutory Appeal, filed by Pepsico Inc. USCA Case Number 21-2786. Appellant filed an emergency motion for a stay of the district court's preliminary injunction order pending appeal. The Court grants an administrative stay of the preliminary injunction until it can be considered by the next available three-judge motions panel. In granting this administrative stay, the Court intimates no view on the merits of the stay motion or the preliminary injunction order.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/09/2021..(nd)
November 8, 2021 Opinion or Order Filing 158 MEMO ENDORSED ORDER granting #154 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 154. Attorney A Colin Wexler terminated. (Signed by Judge Lorna G. Schofield on 11/8/2021) (mml)
November 8, 2021 Opinion or Order Filing 157 MEMO ENDORSED ORDER granting #155 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket No. 155. Attorney Robert Leighton and Robert Douglas Leighton terminated. (Signed by Judge Lorna G. Schofield on 11/8/2021) (mml)
November 5, 2021 Opinion or Order Filing 156 ORDER granting #150 LETTER MOTION to Seal Defendant's Memorandum of Law in Support of its Emergency Motion to Stay Preliminary Injunction addressed to Judge Lorna G. Schofield from Timothy S. Durst dated November 4, 2021; denying #151 EMERGENCY MOTION to Stay Preliminary Injunction. It is hereby ORDERED that Defendant's motion for an emergency stay of the preliminary injunction is DENIED. For the reasons discussed in the November 4, 2021, Opinion, Defendant has not made a strong showing of likelihood of success on the merits; Defendant has not shown irreparable injury absent a stay; any stay would substantially injure Plaintiff as it would allow Defendant to continue to saturate the market with its product pending appeal; and the public interest favors protecting Plaintiff's registered mark. In addition, to the extent that Defendant claims the preliminary injunction will harm retailers because it will "force[]" retailers "to stop their sales of a successful product," (Dkt. No. 152 at 19), it should be noted that the injunction does not apply to Defendant's product already in the control of "third-party retailers over whom Defendant has no control." (Dkt. No. 149 at 23.) It is further ORDERED that Defendant's motion to redact portions of Dkt. No. 150 in support of its application to stay is GRANTED. The Clerk of Court is respectfully directed to close the motion at Docket Nos. 150 and 151. (Signed by Judge Lorna G. Schofield on 11/5/2021) (mml)
November 5, 2021 Opinion or Order Filing 155 MOTION for Robert D. Leighton to Withdraw as Attorney . Document filed by Riseandshine Corporation..(Leighton, Robert)
November 5, 2021 Opinion or Order Filing 154 MOTION for A. Colin Wexler to Withdraw as Attorney . Document filed by Riseandshine Corporation..(Wexler, A)
November 5, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #153 Notice of Interlocutory Appeal,..(nd)
November 5, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #153 Notice of Interlocutory Appeal filed by Pepsico Inc. were transmitted to the U.S. Court of Appeals..(nd)
November 5, 2021 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT as per #149 Memorandum & Opinion, dated 11/4/2021, from Judge Lorna G. Schofield, received $250,000.00 from RISEANDSHINE CORPORATION Receipt Number NYSCCA22-00046 on 11/5/2021..(jkr)
November 4, 2021 Opinion or Order Filing 153 NOTICE OF INTERLOCUTORY APPEAL from #149 Memorandum & Opinion,,,,,,,,,,,,. Document filed by Pepsico Inc.. Filing fee $ 505.00, receipt number ANYSDC-25292896. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Durst, Timothy)
November 4, 2021 Opinion or Order Filing 152 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #151 EMERGENCY MOTION to Stay Preliminary Injunction. . Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #150 .(Durst, Timothy)
November 4, 2021 Opinion or Order Filing 151 EMERGENCY MOTION to Stay Preliminary Injunction. Document filed by Pepsico Inc...(Durst, Timothy)
November 4, 2021 Opinion or Order Filing 150 LETTER MOTION to Seal Defendant's Memorandum of Law in Support of its Emergency Motion to Stay Preliminary Injunction addressed to Judge Lorna G. Schofield from Timothy S. Durst dated November 4, 2021. Document filed by Pepsico Inc.. (Attachments: #1 Redacted Copy of PepsiCos Memorandum of Law in Support of its Emergency Motion to Stay Preliminary Injunction).(Durst, Timothy)
November 4, 2021 Opinion or Order Filing 149 AMENDED OPINION AND ORDER: Having considered the parties' written submissions and the evidence and argument presented at the September 9, 2021, oral argument and October 8, 2021, evidentiary hearing, for the foregoing reasons, the Court GRANTS Plaintiff's motion for a preliminary injunction. Defendant is hereby preliminarily restrained and enjoined as follows: 1. For the purposes of this Preliminary Injunction Order, the following definitions shall apply: a. The "Challenged Mark" shall mean the following mark: MTN DEW RISE ENERGY. b. The "Market" shall mean the United States. c. "Advertisement" shall mean any advertisement, flyer, brochure, billboard, display, television commercial, radio commercial, Internet commercial or similar communication of marketing, advertising, sale or promotional information or materials directed to the general public or segments of the general public. 2. Subject to paragraph 7 below, Defendant shall not use or display the Challenged Mark in the Market in connection with the promotion, sale or distribution of single-use, canned energy beverages. 3. Subject to paragraph 7 below, Defendant shall not use or display in the Market any mark that is confusingly similar to Plaintiff's Mark in connection with the promotion, sale or distribution of single-use, canned energy beverages. 4. Subject to paragraph 7 below, Defendant shall not use or display the Challenged Mark in any Advertisement that will be or is intended to be circulated, displayed or broadcast in the Market. 5. Defendant shall not assist, aid or abet any other person or business entity in engaging in any of the activities prohibited by this Order. 6. This Order is binding upon Defendant and its agents, servants and employees, and upon all persons in active concert or participation with it or them (but not any third-party retailers over whom Defendant has no control) who receive actual notice of this Order by personal service or otherwise. Subject to paragraph 7 below, Defendant shall provide such actual notice. 7. Defendant shall comply with this Order within seven days of its effective date. 8. This Order shall take effect upon the posting of a bond as set forth below, and shall remain in effect until the conclusion of the trial of this matter; provided, however, that this Order may be dissolved or modified upon appropriate motion and a showing of good cause to this Court. 9. Plaintiff shall post a bond in the amount of $250,000 as soon as reasonably practicable after entry of this Order, but in any event no later than one week from the date of this Order. 10. Within eight days of the effective date of this Order, Defendant shall file a report with the Court, setting forth in detail the manner in which Defendant has complied with this Order. 11. The parties may jointly propose any modification to this Order, but only to the extent that they both agree. The Clerk of Court is respectfully directed to close the motion at Dkt. Nos. 81 and 133. The Clerk of Court is respectfully directed to strike Dkt. No. 148. (Signed by Judge Lorna G. Schofield on 11/4/2021) (tg) Transmission to Finance Unit (Cashiers) for processing.
November 3, 2021 Opinion or Order Filing 148 ***STRICKEN DOCUMENT. Document number #148 has been stricken from the case record. The document was stricken from this case pursuant to #149 Order . OPINION & ORDER re: #81 MOTION for Preliminary Injunction . filed by Riseandshine Corporation. Having considered the parties' written submissions and the evidence and argument presented at the September 9, 2021, oral argument and October 8, 2021, evidentiary hearing, for the foregoing reasons, the Court GRANTS Plaintiff's motion for a preliminary injunction. Plaintiff shall post a bond in the amount of $250,000 as soon as reasonably practicable after entry of this Order, but in any event no later than one week from the date of this Order. The Clerk of Court is respectfully directed to close the motion at Dkt. Nos. 81 and 133. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 11/3/2021) (jca) Transmission to Finance Unit (Cashiers) for processing. Modified on 11/4/2021 (tg).
November 3, 2021 Opinion or Order Filing 147 ORDER: It is hereby ORDERED that Defendant's objections are OVERRULED and Defendant's application for additional discovery on the preliminary injunction motion is DENIED. Defendant did not raise its request for additional discovery at the October 8, 2021, hearing, which was held at the Defendant's request (Dkt. No. 120), following an initial hearing on Plaintiff's motion for a preliminary injunction on September 9, 2021. To the extent that Defendant objects to certain portions of Mr. Gyesky's and Ms. Schmidt's testimony, Defendant also did not raise these objections at the October 8, 2021, hearing. In addition, the Court finds that any supplementation of the record at the hearing was not "one-sided." The Court granted Defendant's motion to supplement its witness list (Dkt. No. 130) following letter briefing on Defendant's objections to Plaintiff's proposed witnesses (Dkt. Nos. 128, 129), and did not require Defendant's new witnesses (Mr. Lee, Mr. Lyons, and Mr. Santee) to submit declarations in advance of the hearing. (Signed by Judge Lorna G. Schofield on 11/2/2021) (jca)
November 3, 2021 Opinion or Order Filing 146 ORDER: It is hereby ORDERED that, the November 4, 2021, conference is ADJOURNED to December 9, 2021, at 11:30 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. The case management plan and scheduling order will issue in a separate order. Initial Conference set for 12/9/2021 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/2/2021) (jca)
November 3, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 12/9/2021 at 11:30 AM before Judge Lorna G. Schofield. (jca)
October 28, 2021 Opinion or Order Filing 145 PROPOSED CASE MANAGEMENT PLAN. Document filed by Riseandshine Corporation..(Tanck, Paul)
October 28, 2021 Opinion or Order Filing 144 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Timothy S. Durst dated October 28, 2021 re: Rule 16 Conference Pursuant to August 12, 2021 Docket Order. Document filed by Riseandshine Corporation..(Tanck, Paul)
October 15, 2021 Opinion or Order Filing 143 MEMO ENDORSEMENT on re: #141 Letter filed by Riseandshine Corporation. Application GRANTED. The conference scheduled for October 21, 2021, is ADJOURNED to November 4, 2021, at 11:30 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. The parties shall not make further submissions in connection with the pending preliminary injunction motion. The record is complete. The Court will disregard any submissions filed after the hearing that were not requested. A separate order will address the untimely objections made after the hearing. (Initial Conference set for 11/4/2021 at 11:30 AM before Judge Lorna G. Schofield. Telephone Conference set for 11/4/2021 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/14/2021) (mml)
October 14, 2021 Opinion or Order Filing 142 LETTER addressed to Judge Lorna G. Schofield from Timothy S. Durst dated October 14, 2021 re: PepsiCo's Response to Rise Brewing Companys New Motion to Strike. Document filed by Pepsico Inc...(Durst, Timothy)
October 14, 2021 Opinion or Order Filing 141 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Tanck and Susan Kennedy dated October 14, 2021 re: Joint Request for Continuance of Rule 16 Conference. Document filed by Riseandshine Corporation..(Tanck, Paul)
October 14, 2021 Opinion or Order Filing 140 LETTER addressed to Judge Lorna G. Schofield from Jason D. Rosenberg dated October 14, 2021 re: Rise Brewing's Response to PepsiCo's October 11, 2021 Letter. Document filed by Riseandshine Corporation..(Rosenberg, Jason)
October 12, 2021 Opinion or Order Filing 139 MEMO ENDORSEMENT on re: #136 Letter filed by Pepsico Inc. ENDORSEMENT: By October 14, 2021, Plaintiff shall file any response, not to exceed two pages. (Signed by Judge Lorna G. Schofield on 10/12/2021) (rro)
October 12, 2021 Opinion or Order Filing 138 ORDER: It is hereby ORDERED that the filings at Docket Nos. 135-2 and 135-3 are STRICKEN. The Clerk of Court is respectfully requested to strike (and remove from the docket) the filings at Docket Nos. 135-2 and 135-3. (Signed by Judge Lorna G. Schofield on 10/12/2021) (mml)
October 12, 2021 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number [135-2 and 135-3] from the case record. The document was stricken from this case pursuant to #138 Order. (mml)
October 11, 2021 Opinion or Order Filing 137 ***SELECTED PARTIES***DECLARATION of Jim Lee re: #136 Letter . Document filed by Pepsico Inc., Riseandshine Corporation. Motion or Order to File Under Seal: #134 .(Durst, Timothy)
October 11, 2021 Opinion or Order Filing 136 LETTER addressed to Judge Lorna G. Schofield from Timothy S. Durst dated October 11, 2021 re: Pursuant to the Courts October 8, 2021 Order. Document filed by Pepsico Inc...(Durst, Timothy)
October 8, 2021 Opinion or Order Filing 135 NOTICE of of Material Provided to the Court at the October 8, 2021 Preliminary Injunction Evidentiary Hearing. Document filed by Pepsico Inc.. (Attachments: #1 Tab A, #2 Tab B (1 of 2), #3 Tab B (2 of 2)).(Durst, Timothy)
October 8, 2021 Opinion or Order Filing 134 ORDER: It is hereby ORDERED that, by October 11, 2021, the parties shall provide the Court and opposing counsel with a copy of any exhibit admitted into evidence. The parties shall email the exhibits to the Court at Schofield_NYSDChambers@nysd.uscourts.gov. Defendant shall also provide the financial information that the Court requested on the record at the hearing. (Signed by Judge Lorna G. Schofield on 10/8/2021) (jca)
October 8, 2021 Opinion or Order Filing 133 MOTION for Request for Judicial Notice . Document filed by Pepsico Inc.. (Attachments: #1 Exhibit A).(Durst, Timothy)
October 8, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Evidentiary Hearing held on 10/8/2021. (Court Reporter Present) (jcs)
October 1, 2021 Opinion or Order Filing 132 ORDER granting #131 Letter Motion to Adjourn Conference. Application GRANTED. The initial conference scheduled for October 7, 2021 is ADJOURNED to October 21, 2021 at 10:40 a.m. The Court will reschedule the conference if a ruling on the motion for preliminary injunction has not yet been made. Initial Conference set for 10/21/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/1/2021) (va)
September 30, 2021 Opinion or Order Filing 131 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Jason D. Rosenberg and Timothy S. Durst dated September 30, 2021. Document filed by Pepsico Inc...(Durst, Timothy)
September 30, 2021 Opinion or Order Filing 130 MEMO ENDORSEMENT on re: #129 Letter, filed by Riseandshine Corporation, Motions terminated: #128 LETTER MOTION for Leave to File Supplement Witness List (PepsiCos Contingent Request to Supplement Witness List) addressed to Judge Lorna G. Schofield from Timothy S. Durst dated September 29, 2021. filed by Pepsico Inc. ENDORSEMENT: Defendant's motion for reconsideration is DENIED for substantially the reasons stated in Plaintiff's letter response. Defendant's motion to supplement its witness list is GRANTED, provided that bothparties adhere to the Court's allotment of no more than two hours per party. (Dkt. No. 123.) (Signed by Judge Lorna G. Schofield on 9/30/2021) (tg)
September 30, 2021 Opinion or Order Filing 129 LETTER addressed to Judge Lorna G. Schofield from Jason D. Rosenberg dated September 30, 2021 re: Response to PepsiCo's Objections to Evidence (Dkt. 127) and Contingent Request to Supplement Witness List (Dkt. 128). Document filed by Riseandshine Corporation..(Rosenberg, Jason)
September 29, 2021 Opinion or Order Filing 128 LETTER MOTION for Leave to File Supplement Witness List (PepsiCos Contingent Request to Supplement Witness List) addressed to Judge Lorna G. Schofield from Timothy S. Durst dated September 29, 2021. Document filed by Pepsico Inc...(Durst, Timothy)
September 29, 2021 Opinion or Order Filing 127 Objection re: #81 MOTION for Preliminary Injunction . (Objections to Evidence Not Submitted in Support of Plaintiff's Motion for Preliminary Injunction). Document filed by Pepsico Inc...(Durst, Timothy)
September 29, 2021 Opinion or Order Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
September 29, 2021 Opinion or Order Filing 125 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/9/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 10/20/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/28/2021..(Moya, Goretti)
September 29, 2021 Opinion or Order Filing 124 ORDER granting #119 Motion for Lauren R. Timmon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
September 28, 2021 Opinion or Order Filing 123 ORDER: It is hereby ORDERED that the evidentiary hearing is scheduled for October 8, 2021 at 9:00 a.m. Per the Court's September 21, 2021 Order, the hearing will be by video and the parties are responsible for arranging a suitable platform. The Court will allot no more than two hours per side, inclusive of any cross-examination. It is further ORDERED that Defendant's objection to Plaintiff's proposed witnesses is OVERRULED. It is further ORDERED that, by October 5, 2021, the parties shall make any logistical arrangements with the Courtroom Deputy, Mr. James Street, at 212-805-4553. ORDERED that, by October 6, 2021, the parties shall provide the Court with any link(s) or other access codes for the video platform. Members of the public may access the hearing on the following conference line: 888-363-4749, access code: 5583333. (Evidentiary Hearing set for 10/8/2021 at 09:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/28/2021) (mml)
September 27, 2021 Opinion or Order Filing 122 JOINT LETTER addressed to Judge Lorna G. Schofield from Jason D. Rosenberg, Counsel for Plaintiff and Timothy S. Durst, Counsel for Defendant dated 9/27/2021 re: Order re: Dkt. 121 - Joint Letter in advance of the scheduled Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction. Document filed by Riseandshine Corporation..(Rosenberg, Jason)
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 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 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 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
Represented By: Christopher Louis McArdle
Represented By: Robert Leighton
Represented By: Shaleen Patel
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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
Represented By: Dale Margaret Cendali
Represented By: Allison W. Buchner
Represented By: Diana Torres
Represented By: Lauren Schweitzer
Represented By: Luke Budiardjo
Represented By: Maria Monica Beltran
Represented By: Monica H. Smith
Represented By: Saghar Esfandiarifard
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Intervenor: Starbucks Coffee Company
Represented By: Paul Wendell Garrity
Represented By: Robert Guite
Represented By: Shin Young Hahn
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