Tschudy, Jacob v. PepsiCo, Inc.
Plaintiff: Jacob Tschudy
Defendant: Pepsico Inc.
Case Number: 7:2022cv04212
Filed: May 23, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Nelson Stephen Roman
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 ct Diversity-(Citizenship)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2022 Opinion or Order Filing 23 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)
July 12, 2022 Filing 22 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)
July 6, 2022 Opinion or Order Filing 21 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)
July 6, 2022 Opinion or Order Filing 20 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)
July 6, 2022 Opinion or Order Filing 19 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)
July 6, 2022 Opinion or Order Filing 18 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)
June 28, 2022 Filing 17 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Jacob Tschudy, Emanuele Stevens. (Attachments: #1 Exhibit 1 - Consent)Filed In Associated Cases: 7:22-cv-00802-NSR, 7:22-cv-04212-NSR.(Parmet, Matthew)
June 7, 2022 Filing 16 NOTICE of Filing Consent. Document filed by Jacob Tschudy. (Attachments: #1 Exhibit 1 - Consent)Filed In Associated Cases: 7:22-cv-00802-NSR, 7:22-cv-04212-NSR.(Parmet, Matthew)
May 31, 2022 Magistrate Judge Paul E. Davison is so redesignated. (laq)
May 31, 2022 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Andrew L. Carter, Jr is no longer assigned to the case. (laq)
May 26, 2022 Opinion or Order Filing 15 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)
May 26, 2022 CONSOLIDATED MEMBER CASE: Create association to 7:22-cv-00802-NSR. (ate)
May 24, 2022 Filing 14 NOTICE of Filing Motion to Consolidate in Related Case. Document filed by Jacob Tschudy..(Parmet, Matthew)
May 24, 2022 Filing 13 NOTICE OF APPEARANCE by Matthew Scott Parmet on behalf of Jacob Tschudy..(Parmet, Matthew)
May 23, 2022 Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Wisconsin Western; Case Number: 3:22-cv-00210. Original file certified copy of transfer order and docket entries received.
May 23, 2022 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. (laq)
May 23, 2022 Case Designated ECF. (laq)
May 23, 2022 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. (laq)
May 19, 2022 Opinion or Order Filing 11 ** TEXT ONLY ORDER **The court is in receipt of plaintiff Jacob Tschudy's unopposed motion to transfer venue to the Southern District of New York. (Dkt. #10 .) In light of defendant's lack of opposition, coupled with the fact that the requirements for transfer under 28 U.S.C. 1404(a) are satisfied here, the motion is GRANTED. The clerk's office is directed to TRANSFER this case to the Southern District of New York. Signed by District Judge William M. Conley on 5/19/2022. (kwf) [Transferred from Wisconsin Western on 5/23/2022.]
May 18, 2022 Filing 10 Unopposed MOTION TO TRANSFER to SDNY by Plaintiff Jacob Tschudy. Brief in Opposition due 6/8/2022. Brief in Reply due 6/21/2022. (Attachments: #1 Text of Proposed Order) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
May 16, 2022 Filing 9 Notice of Consent to Join Lawsuit by Plaintiff Jacob Tschudy (Attachments: #1 Exhibit 1 - Consent, #2 Exhibit 2 - Consent, #3 Exhibit 3 - Consent, #4 Exhibit 4 - Consent, #5 Exhibit 5 - Consent) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
May 9, 2022 Filing 8 Notice of Consent to Join Lawsuit by Plaintiff Jacob Tschudy (Attachments: #1 Exhibit 1 - Consent, #2 Exhibit 2 - Consent, #3 Exhibit 3 - Consent) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
May 2, 2022 Filing 7 Notice of Consent to Join Lawsuit by Plaintiff Jacob Tschudy (Attachments: #1 Exhibit 1 - Consent) (Parmet, Matthew) Modified on 5/3/2022: E-mail sent to counsel. (lak) [Transferred from Wisconsin Western on 5/23/2022.]
April 25, 2022 Filing 6 Notice of Consent to Join Lawsuit by Plaintiff Jacob Tschudy (Attachments: #1 Exhibit 1 - Consent, #2 Exhibit 2 - Consent) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
April 19, 2022 Filing 5 Waiver of Service Returned Executed by Defendant PepsiCo, Inc.. PepsiCo, Inc. waiver sent on 4/18/2022, answer due 6/17/2022. (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
April 13, 2022 Filing 4 Summons Issued as to PepsiCo, Inc. (lak) [Transferred from Wisconsin Western on 5/23/2022.]
April 13, 2022 Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) [Transferred from Wisconsin Western on 5/23/2022.]
April 13, 2022 Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from Wisconsin Western on 5/23/2022.]
April 12, 2022 Filing 3 Notice of Consent to Join Lawsuit by Plaintiff Jacob Tschudy (Attachments: #1 Exhibit 1 - Consent) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
April 12, 2022 Filing 2 Request for Issuance of Summons by Plaintiff Jacob Tschudy. (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]
April 12, 2022 Filing 1 COMPLAINT against PepsiCo, Inc.. ( Filing fee $ 402 receipt number 0758-3036573.), filed by Jacob Tschudy. (Attachments: #1 JS-44 Civil Cover Sheet) (Parmet, Matthew) [Transferred from Wisconsin Western on 5/23/2022.]

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Plaintiff: Jacob Tschudy
Represented By: Matthew Scott Parmet
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Defendant: Pepsico Inc.
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