Carline v. PepsiCo, Inc. et al
| Demone Carline |
| Pepsico Inc. and Ace American Insurance Company |
| 1:2023cv00251 |
| January 11, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 LETTER addressed to Judge Lorna G. Schofield from Howard P. Elliott, Jr. dated March 8, 2023 re: Summons and Proof of Service Re Ace American Ins. Co.. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit Summons and Proof of Service Re Ace American Ins. Co., #2 Exhibit Certificate of Service).(Viola, John) |
| Filing 21 CERTIFICATE OF SERVICE of Order dated March 7, 2023 served on Howard P. Elliott, Jr. on March 7, 2023. Service was made by Courts electronic filing system, Email, U.S. Mail and Facsimile. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit Order).(Viola, John) |
Filing 20
ORDER: It is hereby ORDERED that the March 8, 2023, 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. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that, by March 14, 2023, Plaintiff shall file proof of service of Ace on ECF or file a status letter on his efforts to serve Ace. If Plaintiff fails to file proof of service and fails to show good cause for the failure, the case against Ace will be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). It is hereby ORDERED that, by March 21, 2023, the parties shall file a further joint letter. If the parties agree that the only discovery required is the administrative record and related documents (such as Plaintiff's personnel file), the parties shall either state that all discovery is complete or propose a date by which discovery will be complete and shall propose a briefing schedule for Defendant's proposed motion for summary judgment. If Plaintiff maintains that further discovery is appropriate, the parties' joint letter shall set forth their respective positions on that question, with each party's section not to exceed three pages. It is further ORDERED that, by March 8, 2023, at noon, Defendant Pepsico shall serve a copy of this Order on Plaintiff's counsel by email and file proof of service on the docket. (Signed by Judge Lorna G. Schofield on 3/7/2023) (vfr)
|
| Filing 19 CERTIFICATE OF SERVICE of Joint Status Letter, Status Service Letter and Civil Case Management Plan and Scheduling Order served on Howard P. Elliott, Jr. on March 6, 2023. Service was made by Courts electronic filing system. Document filed by Pepsico Inc...(Viola, John) |
| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from John L. Viola and Howard P. Elliott, Jr. dated March 6, 2023 re: Joint Status Letter. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order).(Viola, John) |
|
Filing 17
ORDER: It is hereby ORDERED that if Plaintiff and/or Pepsico has been in communication with Ace, then the parties shall file the joint status letter and proposed case management plan as soon as possible and no later than March 6, 2023, at noon. If Plaintiff has not been in communication with Ace, Plaintiff shall file a status letter regarding efforts to serve Ace and request an adjournment of the initial conference as soon as possible and no later than March 6, 2023, at noon. (Signed by Judge Lorna G. Schofield on 3/02/2023) (ama)
|
| Filing 16 JOINT LETTER addressed to Judge Lorna G. Schofield from John L. Viola dated March 1, 2023 re: Status of the Case. Document filed by Pepsico Inc.. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order).(Viola, John) |
| Filing 15 NOTICE OF APPEARANCE by Danielle L Bauer on behalf of Pepsico Inc...(Bauer, Danielle) |
| Filing 14 NOTICE OF APPEARANCE by John Louis Viola on behalf of Pepsico Inc...(Viola, John) |
|
Filing 13
ORDER: Initial Conference by telephone set for 3/8/2023 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 1/25/2023) (vfr)
|
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Middle; Case Number: 3:22-cv-00890. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| 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. (vba) |
| Magistrate Judge Ona T. Wang 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. (vba) |
| 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..(vba) |
|
Filing 11
ORDER granting #9 Motion to Change Venue. This suit be transferred to the United States District Court for the Southern District of New York. Signed by Chief Judge Shelly D. Dick on 1/4/2023. (ELW) [Transferred from Louisiana Middle on 1/11/2023.]
|
| Filing 10 ANSWER to #1 Complaint, by PepsiCo, Inc..(Masson, Jeff) [Transferred from Louisiana Middle on 1/11/2023.] |
| Filing 9 Joint MOTION to Change Venue by PepsiCo, Inc. (Attachments: #1 Attachment Proposed Order)(Masson, Jeff) [Transferred from Louisiana Middle on 1/11/2023.] |
| Filing 8 Corporate Disclosure Statement by PepsiCo, Inc. (Masson, Jeff) [Transferred from Louisiana Middle on 1/11/2023.] |
| Filing 7 NOTICE OF DEFICIENCY with LR 7.1 as to #5 Motion for Extension of Time to File Answer. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. OR Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW) [Transferred from Louisiana Middle on 1/11/2023.] |
|
Filing 6
ORDER: Because the conditions of Local Rule 7(a) are met, Defendant's ex parte #5 Motion for Extension of Time to Plead is GRANTED, and Defendant now has until January 3, 2023, to respond to the Complaint (R. Doc. 1). Signed by Magistrate Judge Scott D. Johnson on 12/14/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) [Transferred from Louisiana Middle on 1/11/2023.]
|
| Filing 5 MOTION for Extension of Time to File Answer to Complaint by PepsiCo, Inc. (Attachments: #1 Attachment Proposed Order)(Masson, Jeff) [Transferred from Louisiana Middle on 1/11/2023.] |
| MOTION(S) REFERRED: #5 MOTION for Extension of Time to File Answer to Complaint. This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 1/11/2023.] |
|
Filing 4
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 3/9/2023 at 10:00 AM before Magistrate Judge Scott D. Johnson. Status Report due by 2/23/2023. Signed by Magistrate Judge Scott D. Johnson on 11/28/2022. (KAH) [Transferred from Louisiana Middle on 1/11/2023.]
|
| Filing 3 Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) [Transferred from Louisiana Middle on 1/11/2023.] |
| Filing 2 Certificate of Interested Persons by Demone Carline identifying Affiliate/Interested Person PepsiCo, Inc., Affiliate/Interested Person Howard P Elliott, Jr., Affiliate/Interested Person Damone Carline, Affiliate/Interested Person Ace American Insurance Company for Demone Carline.. (Elliott, Howard) [Transferred from Louisiana Middle on 1/11/2023.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2504323.), filed by Demone Carline. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons to PepsiCo, Inc., #3 Attachment Summons to Ace American Insurance Company)(Elliott, Howard) [Transferred from Louisiana Middle on 1/11/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
