Marshall v. Pepsico, Inc., et al
| Seth Marshall |
| Pepsico, Inc.,, Bottling Group, LLC and CB Manufacturing Company, Inc. |
| 7:2022cv02370 |
| March 23, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Nelson Stephen Roman |
| Labor: Fair Standards |
| 29 U.S.C. § 021 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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Filing 29
PRELIMINARY APPROVAL ORDER granting (56) Motion for Settlement in case 7:22-cv-00802-NSR. IT IS HEREBY ORDERED AS FOLLOWS: The Court authorizes notice of the settlement set forth in the Settlement Agreement to the members of the National Class, the New York Subclass, the California Subclass, and the FLSA Collective, as the proposed settlement falls within the range of reasonableness, and may be adjudicated fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23 and the Class Action Fairness Act of 2005 ("CAFA"), and the applicable standards for approval of an FLSA Collective settlement, upon final consideration thereof at the Final Approval Hearing provided for below. A hearing on Final Approval of the Settlement (the "Final Approval Hearing") is hereby scheduled to be held before this Court on the 4th day of April 2023 at 2:00 pm to be held via AT&T Teleconference. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; and (3) Press pound (#) to enter the teleconference as a guest. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 56.. (Signed by Judge Nelson Stephen Roman on 12/2/2022) Filed In Associated Cases: 7:22-cv-00802-NSR et al. (ate)
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| Set/Reset Hearings: Telephone Conference set for 4/4/2023 at 02:00 PM before Judge Nelson Stephen Roman. Associated Cases: 7:22-cv-00802-NSR et al.(ate) |
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Filing 28
ORDER OF CONSOLIDATION granting (67) Letter Motion to Consolidate Cases 22CV802 (as Lead Case) with 22cv5196 in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Motion to Consolidate Cases, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. It is therefore ORDERED that the following matter is consolidated in its entirety into this case: Montgomery v. Frito-Lay, Inc., No. 1 :22-cv-6982-NSR. It is further ORDERED that tis matter, Emanuele Stevens v. PepsiCo, Inc., No. 7:22-cv- 00802-NSR, shall remain designated the lead for all consolidated matters. The Clerk of Court is respectfully directed to te1minate the motion at ECF No. 67. (Signed by Judge Nelson Stephen Roman on 9/8/2022) Filed In Associated Cases: 7:22-cv-00802-NSR et al. (ate)
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Filing 27
MEMO ENDORSEMENT on re: (23 in 7:22-cv-04828-NSR, 19 in 7:22-cv-04216-NSR, 16 in 7:22-cv-05351-NSR, 52 in 7:22-cv-00802-NSR, 13 in 7:22-cv-05200-NSR, 17 in 7:22-cv-04784-NSR, 19 in 7:22-cv-04238-NSR, 22 in 7:22-cv-04212-NSR, 19 in 7:22-cv-05196-NSR, 28 in 7:22-cv-05198-NSR, 27 in 7:22-cv-04851-NSR, 29 in 7:22-cv-04850-NSR, 25 in 7:22-cv-04556-NSR, 21 in 7:22-cv-04555-NSR, 26 in 7:22-cv-02370-NSR) LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Seth R. Lesser dated July 12, 2022. filed by Emanuele Stevens. Lead case: Stevens v. PepsiCo Inc. et al, No. 7:22-cv-802 (NSR). Consolidated cases: Marshall v. PepsiCo, Inc. et al, No. 7:22-cv-2370 (NSR). Tschudy v. PepsiCo, Inc., No. 7:22-cv-4212 (NSR). Drobsch v. PepsiCo, Inc., No. 7:22-cv-4216 (NSR). Smith v. PepsiCo, Inc., No. 7:22-cv-4238 (NSR). Mitchell v. PepsiCo, Inc., No. 7:22-cv-4555 (NSR). Parrish v. Frito-Lay North America, Inc., No. 7:22-cv-4556 (NSR). Irving-Millentree v. PepsiCo, Inc., No. 7:22-cv-4784 (NSR). Winger v. The Quaker Oats Company, No. 7:22-cv-4828 (NSR). Vidaud et al v. PepsiCo, Inc. et al, No. 7:22-cv-4850 (NSR). Madriz et al v. PepsiCo, Inc. et al, No. 7:22-cv-4851 (NSR). Poulson v. PepsiCo, Inc. d/b/a PFS et al, No. 7:22-cv-5196 (NSR). White v. PepsiCo, Inc., No. 7:22-cv-5198 (NSR). Ellis et al v. PepsiCo, Inc., No. 7:22-cv-5200 (NSR). King v. PepsiCo Inc., No. 7:22-cv-5351 (NSR). The parties joint request for leave to file up to 40 pages in their motion for preliminary class action and collective action notice and preliminary approval in these consolidated actions is GRANTED. The Court notifies Plaintiffs counsel that they need not file a document in each of the consolidated cases. Counsel merely needs to file one document in the lead case, indicating that it is the lead case, and using all case captions and docket numbers where appropriate. The Clerk of Court is respectfully directed to terminate the motions as set forth in this order. Motions terminated: (22 in 7:22-cv-04212-NSR, 27 in 7:22-cv-04851-NSR, 25 in 7:22-cv-04556-NSR, 19 in 7:22-cv-04238-NSR, 13 in 7:22-cv-05200-NSR, 16 in 7:22-cv-05351-NSR, 17 in 7:22-cv-04784-NSR, 26 in 7:22-cv-02370-NSR, 28 in 7:22-cv-05198-NSR, 21 in 7:22-cv-04555-NSR, 19 in 7:22-cv-05196-NSR, 23 in 7:22-cv-04828-NSR, 19 in 7:22-cv-04216-NSR, 29 in 7:22-cv-04850-NSR) LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Seth R. Lesser dated July 12, 2022. filed by Emanuele Stevens. (Signed by Judge Nelson Stephen Roman on 7/13/2022) Filed In Associated Cases: 7:22-cv-00802-NSR et al. (ate)
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| Filing 26 LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Seth R. Lesser dated July 12, 2022. Document filed by Emanuele Stevens.Filed In Associated Cases: 7:22-cv-00802-NSR et al..(Lesser, Seth) |
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Filing 25
ORDER OF CONSOLIDATION granting (46) Motion to Consolidate Cases 22-CV-802 (as Lead Case) with 22-cv-5351 in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Fourth Joint Motion to Consolidate Additional Cases, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. The Parties have represented to the Court that they seek consolidation of the matters for the purpose of having a global settlement. It is therefore ORDERED that the following matters are consolidated in their entirety into this case: King v. PepsiCo., Inc., No. 7:22-cv-05351-UA. It is further ORDERED that this matter, Emanuele Stevens v. PepsiCo, Inc., No. 7:22-cv-00802-NSR, shall remain designated the lead for all consolidated matters. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 46. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/6/2022) (tg)
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Filing 24
ORDER OF CONSOLIDATION granting (45) Motion to Consolidate Cases 22-CV-802 (as Lead Case) with 22-cv-5196, 22-cv-5198, 22-cv-5200 in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Second Joint Motion to Consolidate Additional Cases, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. The Parties have represented to the Court that they seek consolidation of the matters for the purpose of having a global settlement. It is therefore ORDERED that the following matters are consolidated in their entirety into this case: Poulson v. PepsiCo, Inc. et al., No. 1:22-cv-05196-NSR. White v. PepsiCo, Inc., No. 1:22-cv-05198-NSR. Ellis v. PepsiCo,.Inc., No. 7:22-cv-05200-UA. It is further ORDERED that this matter, Emanuele Stevens v. PepsiCo, Inc., No. 7:22-cv-00802-NSR, shall remain designated the lead for all consolidated matters. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 45. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/6/2022) (tg)
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Filing 23
ORDER OF CONSOLIDATION granting (43) Motion to Consolidate Cases 22-CV-802 (as Lead Case) with 22-cv-4784, 22-cv-4828, 22-cv-4850, 22-cv-4851 in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Second Joint Motion to Consolidate Additional Cases, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. The Parties have represented to the Court that they seek consolidation of the matters for the purpose of having a global settlement. It is therefore ORDERED that the following matters are consolidated in their entirety into this case: Irving-Millentree v. PepsiCo,Inc., No. 1:22-cv-04784-RA. Wingerv. The Quaker Oats Company, No. 1:22-cv-04828-MKV-SLC. Vidaud v. PepsiCo, Inc. et al., No. 1:22-cv-04850-JSR. Madriz et al. v. PepsiCo., Inc. et al., No. 1:22-cv-04851-ALC. It is further ORDERED that this matter, Emanuele Stevens v. PepsiCo, Inc., No. 7:22-cv-00802-NSR, shall remain designated the lead for all consolidated matters. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 43. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/6/2022) (tg)
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Filing 22
ORDER OF CONSOLIDATION granting (40) Motion to Consolidate Cases ; granting (41) Motion to Consolidate Cases in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Amended Joint Motion to Consolidate Additional Cases, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. It is therefore ORDERED that the following matters are consolidated in their entirety into this case: Mitchell v. PepsiCo, Inc., No. 1:22-cv-04555-ER. Parrish v. Frito-Lay North America, Inc., No. 1:22-cv-04556-UA. It is further ORDERED that this matter, Emanuele Stevens v. PepsiCo, Inc.,No. 7:22-cv-00802-NSR, shall remain designated the lead for all consolidated matters. The Clerk of Court is respectfully directed to terminate the motion at ECF Nos. 40 & 41. The Parties have represented to the Court that they seek consolidation of the matters for the purpose of having a global settlement. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/6/2022) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Philip M. Halpern is no longer assigned to the case. (laq) |
| Magistrate Judge Paul E. Davison is so redesignated. (laq) |
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Filing 20
ORDER OF CONSOLIDATION granting (37) Motion to Consolidate Cases 7:22-cv-802 (as Lead Case) with 7:22-cv-02370, 1:22-cv-04212, 1:22-cv-004216, 1:22-cv-04238 in case 7:22-cv-00802-NSR. Came on to be considered the Parties' Joint Motion to Consolidate, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. It is therefore ORDERED that the following matters are consolidated in their entirety into this case: Marshall v. PepsiCo, Inc., No. 7:22-cv-02370-PMH. Tschudy v. PepsiCo., Inc., No. 1:22-cv-04212-ALC. Drobsch v. PepsiCo, Inc., No. 1:22-cv-004216-ALC. Smith v. PepsiCo, Inc., No. 1:22-cv-04238-NSR. It is further ORDERED that this matter, Emanuele Stevens v. PepsiCo, Inc., No. 7:22-cv-00802-NSR, shall be designated the lead for these consolidated matters. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 37. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/26/2022) Filed In Associated Cases: 7:22-cv-00802-NSR, 1:22-cv-04212-ALC, 1:22-cv-04216-ALC, 1:22-cv-04238-UA, 7:22-cv-02370-PMH (ate)
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| CONSOLIDATED MEMBER CASE: Create association to 7:22-cv-00802-NSR. (ate) |
| Filing 19 LETTER addressed to Judge Philip M. Halpern from Seth R. Lesser dated May 5, 2022 re: Stevens action and consolidation. Document filed by Seth Marshall..(Lesser, Seth) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/3/2022.(ah) |
| Filing 18 NOTICE of Filing of Consents to Join Lawsuit. Document filed by Seth Marshall. (Attachments: #1 Exhibit A--Signed Consent Forms).(Lesser, Seth) |
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Filing 17
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 5/12/2022. (Signed by Judge Philip M. Halpern on 2/19/2021) (jpt)
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Filing 16
JOINT STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND: NOW THEREFORE, based upon the foregoing, the undersigned respective attorneys hereby agree by stipulation to extend the time of the Defendants to Answer or otherwise respond to the Complaint in this action until June 30, 2022. Application granted. The Defendant is directed to answer or move with respect to the complaint in accordance with the Court's Individual Practices by June 30, 2022. SO ORDERED. Bottling Group, LLC answer due 6/30/2022; CB Manufacturing Company, Inc. answer due 6/30/2022; Pepsico, Inc., answer due 6/30/2022. (Signed by Judge Philip M. Halpern on 4/29/2022) (jca)
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| Filing 15 NOTICE OF APPEARANCE by Ginger D. Schroder on behalf of Bottling Group, LLC, CB Manufacturing Company, Inc., Pepsico, Inc.,..(Schroder, Ginger) |
| Filing 14 NOTICE OF APPEARANCE by Linda Joseph on behalf of Bottling Group, LLC, CB Manufacturing Company, Inc., Pepsico, Inc.,..(Joseph, Linda) |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Bottling Group, LLC, CB Manufacturing Company, Inc., Pepsico, Inc.,..(Joseph, Linda) |
| Filing 12 NOTICE of Filing of Consents to Join Lawsuit. Document filed by Seth Marshall. (Attachments: #1 Exhibit A--Signed Consent Forms).(Lesser, Seth) |
| Filing 11 NOTICE of Filing of Consents to Join Lawsuit. Document filed by Seth Marshall. (Attachments: #1 Exhibit A--Signed Consent Forms).(Lesser, Seth) |
| Filing 10 LETTER addressed to Judge Philip M. Halpern from Seth R. Lesser dated April 18, 2022 re: related case. Document filed by Seth Marshall..(Lesser, Seth) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #1 Complaint against Bottling Group, LLC, Pepsico, Inc.,, CB Manufacturing Company, Inc. with JURY DEMAND.Document filed by Seth Marshall. Related document: #1 Complaint. (Attachments: #1 Exhibit A--Seth Marshall Consent Form, #2 Exhibit B--Matthew White Consent Form).(Lesser, Seth) Modified on 4/8/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Seth Richard Lesser to RE-FILE re: Document No. #9 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; not all filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Bottling Group, LLC, CB Manufacturing Company, Inc., Pepsico, Inc., added. Party added pursuant to #1 Complaint, #9 Amended Complaint,.Document filed by Seth Marshall. Related document: #1 Complaint, #9 Amended Complaint,..(Lesser, Seth) |
| Filing 8 SUMMONS RETURNED EXECUTED. Bottling Group, LLC served on 3/25/2022, answer due 4/15/2022; Pepsico, Inc., served on 3/25/2022, answer due 4/15/2022. Service was accepted by Paula Castro, Intake Specialist of CT Corporation System, a Registered Agent of Defendants Pepsico, Inc., and Bottling Group, LLC. Document filed by Seth Marshall..(Lesser, Seth) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Pepsico, Inc.,..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Bottling Group, LLC..(pc) |
| Filing 5 NOTICE OF APPEARANCE by Christopher Michael Timmel on behalf of Seth Marshall..(Timmel, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Seth Richard Lesser. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216(b);. (pc) |
| 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) |
| 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) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Bottling Group, LLC, re: #1 Complaint. Document filed by Seth Marshall..(Lesser, Seth) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Pepsico, Inc.,, re: #1 Complaint. Document filed by Seth Marshall..(Lesser, Seth) |
| Filing 2 CIVIL COVER SHEET filed..(Lesser, Seth) |
| Filing 1 COMPLAINT against Bottling Group, LLC, Pepsico, Inc.,. (Filing Fee $ 402.00, Receipt Number ANYSDC-25905403)Document filed by Seth Marshall. (Attachments: #1 Exhibit A--Consent Form).(Lesser, Seth) |
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