Bottling Group LLC v. Ronny's A-La-Carte, Inc.
Petitioner: Bottling Group LLC d/b/a Pepsi Beverage Company and Bottling Group LLC doing business as Pepsi Beverage Company
Respondent: Ronny's A-La-Carte, Inc.
Case Number: 7:2021cv01129
Filed: February 8, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 9 U.S.C. § 9
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Filing 23 CERTIFICATE OF SERVICE of Order to Show Cause and PBC's supporting documents served on Ronny's A-La-Carte, Inc. on March 31, 2021. Service was accepted by Georgia Secretary of State Corporations Division. Service was made by MAIL. Document filed by Bottling Group LLC..(Brummel, Valerie)
March 31, 2021 Filing 22 ACKNOWLEDGMENT OF SERVICE of Order to Show Cause and PBC's supporting documents served on Ronny's A-La-Carte, Inc. on March 30, 2021. Service was made by MAIL. Document filed by Bottling Group LLC. (Attachments: #1 Exhibit 1 - FedEx Delivery Confirmation (Georgia Secretary of State), #2 Exhibit 2 - FedEx Delivery Confirmation (Registered Agent's Address), #3 Exhibit 3 - FedEx Shipment Confirmation (Business Address), #4 Exhibit 4 - Email sent to last known email address of Ronny Shiflet).(Brummel, Valerie)
March 26, 2021 Opinion or Order Filing 21 ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF ON MOTION FOR DEFAULT JUDGMENT. It is ORDERED that Respondent, Ronny's A-La-Carte, Inc., show cause, on written submission only, before this Court before the Honorable Philip M. Halpern, in Courtroom 520 of the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601, on May 3, 2021 at 12:00 p.m. why an Order should not be entered herein, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure and Local Civil Rule 55.2(b), granting a default judgment in favor of petitioner, Bottling Group LLC d/b/a Pepsi Beverage Company ("PBC"), for Respondent's failure to plead or otherwise defend this action, together with such other and further relief as this Court may deem just and proper, and as further specified and set forth herein. Respondent's opposition papers, if any, must be served and filed by Respondent no later than May 3, 2021, by filing opposition papers with the Court on the ECF docket. (Show Cause Hearing set for 5/3/2021 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Show Cause Response due by 5/3/2021.) (Signed by Judge Philip M. Halpern on 3/26/2021) (rjm)
March 26, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #17 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
March 26, 2021 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #20 Proposed Default Judgment was reviewed and approved as to form. (dt)
March 25, 2021 Filing 20 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Bottling Group LLC..(Brummel, Valerie) Proposed Default Judgment to be reviewed by Clerk's Office staff.
March 25, 2021 Filing 19 AFFIDAVIT of Sondra A. Hemeryck in Support re: #18 Affidavit in Support, #17 Proposed Order to Show Cause Without Emergency Relief. Document filed by Bottling Group LLC. (Attachments: #1 Text of Proposed Order Default Judgment).(Musumeci, Sandra)
March 25, 2021 Filing 18 AFFIDAVIT of Sandra L. Musumeci in Support re: #17 Proposed Order to Show Cause Without Emergency Relief. Document filed by Bottling Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Musumeci, Sandra)
March 25, 2021 Filing 17 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Bottling Group LLC..(Musumeci, Sandra) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
March 24, 2021 Filing 16 CLERK'S CERTIFICATE OF DEFAULT as to Ronny's A-La-Carte Inc., issued March 24, 2021.(dt)
March 23, 2021 Filing 15 AFFIRMATION of Sandra L. Musumeci re: #14 Proposed Clerk's Certificate of Default . Document filed by Bottling Group LLC. (Attachments: #1 Request for Clerk's Certificate of Default).(Musumeci, Sandra)
March 23, 2021 Filing 14 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Bottling Group LLC..(Musumeci, Sandra) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/24/2021 (dt).
March 23, 2021 Filing 13 AFFIRMATION of Sandra L. Musumeci re: #12 Proposed Clerk's Certificate of Default, . Document filed by Bottling Group LLC..(Musumeci, Sandra)
March 23, 2021 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Bottling Group LLC. (Attachments: #1 Text of Proposed Order Clerk's Certificate of Default).(Musumeci, Sandra) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/23/2021 (dt).
March 23, 2021 Filing 11 AFFIDAVIT OF SERVICE served on / Attempted Service Upon Ronny's A-La-Carte, Inc.. Document filed by Bottling Group LLC..(Musumeci, Sandra)
March 23, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Sandra Musumeci. RE-FILE Document No. #12 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the Request has to be filed as an attachment to the Affirmation. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, then attach the request to the Affirmation and Re-file using the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. (dt)
March 9, 2021 Filing 10 CERTIFICATE OF SERVICE of Summons and Petition served on Ronny's A-La-Carte, Inc. on March 1, 2021. Document filed by Bottling Group LLC..(Musumeci, Sandra)
March 8, 2021 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Sondra Hemeryck to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 3/8/2021) (ks)
March 8, 2021 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for Valerie Brummel to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 3/8/2021) (ks)
March 5, 2021 Filing 7 MOTION for Sondra A. Hemeryck to Appear Pro Hac Vice as counsel for Bottling Group LLC d/b/a Pepsi Beverage COmpany. Filing fee $ 200.00, receipt number ANYSDC-24211124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bottling Group LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Hemeryck, Sondra)
March 5, 2021 Filing 6 MOTION for Valerie Brummel to Appear Pro Hac Vice as counsel for Bottling Group LLC d/b/a Pepsi Beverage COmpany. Filing fee $ 200.00, receipt number ANYSDC-24210981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bottling Group LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Brummel, Valerie)
March 5, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Valerie Brummel to Appear Pro Hac Vice as counsel for Bottling Group LLC d/b/a Pepsi Beverage COmpany. Filing fee $ 200.00, receipt number ANYSDC-24210981. Motion and supporting papers to be reviewed by Cl, #7 MOTION for Sondra A. Hemeryck to Appear Pro Hac Vice as counsel for Bottling Group LLC d/b/a Pepsi Beverage COmpany. Filing fee $ 200.00, receipt number ANYSDC-24211124. Motion and supporting papers to be reviewed by. The document has been reviewed and there are no deficiencies. (wb)
February 9, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Ronny's A-La-Carte, Inc...(pc)
February 9, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sandra Lynn Musumeci. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:207;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:09;. (pc)
February 9, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sandra Lynn Musumeci. The party information for the following party/parties has been modified: Bottling Group LLC d/b/a Pepsi Beverage Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
February 9, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pc)
February 9, 2021 Case Designated ECF. (pc)
February 9, 2021 Magistrate Judge Judith C. McCarthy 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. (pc)
February 8, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pepsi-Cola Metropolitan Bottling Company, Inc., which is a wholly owned subsidiary of PepsiCo, Inc., for Bottling Group LLC d/b/a Pepsi Beverage Company. Document filed by Bottling Group LLC d/b/a Pepsi Beverage Company..(Musumeci, Sandra)
February 8, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Ronny's A-La-Carte, Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Bottling Group LLC d/b/a Pepsi Beverage Company..(Musumeci, Sandra)
February 8, 2021 Filing 2 CIVIL COVER SHEET filed..(Musumeci, Sandra)
February 8, 2021 Filing 1 PETITION TO CONFIRM ARBITRATION AWARD. (Filing Fee $ 402.00, Receipt Number ANYSDC-23863141).Document filed by Bottling Group LLC d/b/a Pepsi Beverage Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Musumeci, Sandra)

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Respondent: Ronny's A-La-Carte, Inc.
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Petitioner: Bottling Group LLC d/b/a Pepsi Beverage Company
Represented By: Sandra Lynn Musumeci
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Petitioner: Bottling Group LLC doing business as Pepsi Beverage Company
Represented By: Sandra Lynn Musumeci
Represented By: Sondra Hemeryck
Represented By: Valerie Brummel
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