DROBSCH v. PEPSICO, INC.
Plaintiff: DEVIN DROBSCH
Defendant: Pepsico Inc.
Case Number: 7:2022cv04216
Filed: May 23, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Referring Judge: Nelson Stephen Roman
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
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 20 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 19 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 18 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 17 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 16 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 15 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)
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 14 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 13 NOTICE of Filing Motion for Consolidation in Related Case. Document filed by DEVIN DROBSCH..(Parmet, Matthew)
May 24, 2022 Filing 12 NOTICE OF APPEARANCE by Matthew Scott Parmet on behalf of DEVIN DROBSCH..(Parmet, Matthew)
May 24, 2022 NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Edgardo Ramos is no longer assigned to the case. (aea)
May 23, 2022 Filing 11 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Western; Case Number: 2:22-cv-00550. Original file certified copy of transfer order and docket entries received.
May 23, 2022 Case Designated ECF. (laq)
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 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 10 ORDER GRANTING #9 Motion to Transfer Venue. The Clerk of Court is directed to transfer this matter to the United States District Court for the Southern District of New York. Signed by Judge William S. Stickman on 05/19/22. (eca) [Transferred from Pennsylvania Western on 5/23/2022.]
May 18, 2022 Filing 9 Unopposed MOTION to Transfer Case by DEVIN DROBSCH. (Attachments: #1 Proposed Order) (Parmet, Matthew) [Transferred from Pennsylvania Western on 5/23/2022.]
May 12, 2022 Filing 8 NOTICE of Filing Consent by DEVIN DROBSCH (Attachments: #1 Exhibit 1 - Consent) (Parmet, Matthew) [Transferred from Pennsylvania Western on 5/23/2022.]
April 25, 2022 Filing 7 NOTICE of Filing Consent by DEVIN DROBSCH (Attachments: #1 Exhibit 1 - Consent, #2 Exhibit 2 - Consent, #3 Exhibit 3 - Consent) (Parmet, Matthew) [Transferred from Pennsylvania Western on 5/23/2022.]
April 19, 2022 Filing 6 WAIVER OF SERVICE Returned Executed by DEVIN DROBSCH. PEPSICO, INC. waiver sent on 4/18/2022, answer due 6/17/2022. (Parmet, Matthew) [Transferred from Pennsylvania Western on 5/23/2022.]
April 15, 2022 Opinion or Order Filing 5 ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 4/15/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) [Transferred from Pennsylvania Western on 5/23/2022.]
April 15, 2022 Filing 4 NOTICE of Appearance by Angeli Murthy on behalf of DEVIN DROBSCH. (Murthy, Angeli) [Transferred from Pennsylvania Western on 5/23/2022.]
April 15, 2022 Judge William S. Stickman added. (lyk) [Transferred from Pennsylvania Western on 5/23/2022.]
April 14, 2022 Filing 3 NOTICE of Filing Consent by DEVIN DROBSCH (Attachments: #1 Exhibit 1 - Consent) (Parmet, Matthew) [Transferred from Pennsylvania Western on 5/23/2022.]
April 14, 2022 Filing 2 Summons Issued as to PEPSICO, INC. (lyk) [Transferred from Pennsylvania Western on 5/23/2022.]
April 12, 2022 Filing 1 COMPLAINT against PEPSICO, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7051360), filed by DEVIN DROBSCH. (Attachments: #1 Civil Cover Sheet) (lyk) [Transferred from Pennsylvania Western on 5/23/2022.]

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Plaintiff: DEVIN DROBSCH
Represented By: Matthew Scott Parmet
Represented By: Angeli Murthy
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Defendant: Pepsico Inc.
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