Mitchell v. Pepsico, Inc.
Plaintiff: Kennetha Mitchell
Defendant: Pepsico Inc.
Case Number: 7:2022cv04555
Filed: June 2, 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: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: None
RSS RSS Track this Docket
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 22 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 21 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 20 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 19 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 18 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 17 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) Filed In Associated Cases: 7:22-cv-00802-NSR, 7:22-cv-04555-NSR, 7:22-cv-04556-NSR (tg)
July 6, 2022 CONSOLIDATED MEMBER CASE: Create association to 7:22-cv-00802-NSR.. (tg)
June 3, 2022 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Edgardo Ramos is no longer assigned to the case. (vba)
June 3, 2022 CASE ACCEPTED AS RELATED. Create association to 7:22-cv-00802-NSR. Notice of Assignment to follow. (vba)
June 3, 2022 Magistrate Judge Paul E. Davison is so redesignated. (vba)
June 2, 2022 Filing 16 NOTICE of Filing Motion to Consolidate in Related Case. Document filed by Kennetha Mitchell..(Parmet, Matthew)
June 2, 2022 Filing 15 NOTICE OF APPEARANCE by Matthew Scott Parmet on behalf of Kennetha Mitchell..(Parmet, Matthew)
June 2, 2022 Filing 14 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 3:22-cv-00421. Original file certified copy of transfer order and docket entries received.
June 2, 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)
June 2, 2022 Case Designated ECF. (laq)
June 2, 2022 Magistrate Judge Barbara C. Moses 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 24, 2022 Opinion or Order Filing 13 ORDER granting #12 Mitchell's Unopposed Motion to Transfer Venue and transferring case to the United States District Court, Southern District of New York, for all further proceedings. See Order for details. Signed by Judge Timothy J. Corrigan on 5/24/2022. (KSM) [Transferred from Florida Middle on 6/2/2022.]
May 19, 2022 Filing 12 Unopposed MOTION for Miscellaneous Relief, specifically to Transfer Venue by Kennetha Mitchell. (De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
May 13, 2022 Filing 11 NOTICE of consent to join by Kennetha Mitchell . (Attachments: #1 Consent to Join - Jose Olivencia, #2 Consent to Join - Erecha Partis, #3 Consent to Join - Michael Sommers)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
May 9, 2022 Filing 10 NOTICE of consent to join by Kennetha Mitchell . (Attachments: #1 Consent to Join - Kenyari Walker)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 29, 2022 Filing 9 NOTICE of consent to join by Kennetha Mitchell . (Attachments: #1 Consent to Join - Rafael Dume)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 28, 2022 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Kennetha Mitchell. (De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 26, 2022 Opinion or Order Filing 7 FLSA SCHEDULING ORDER Signed by Judge Timothy J. Corrigan on 4/26/2022. (KKH) [Transferred from Florida Middle on 6/2/2022.]
April 26, 2022 Filing 6 NOTICE of consent to join by Kennetha Mitchell . (Attachments: #1 Consent to Join - Rodian Cabeza, #2 Consent to Join - Cedric Marshall)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 20, 2022 Filing 5 WAIVER of service returned executed on April 19, 2022 by Kennetha Mitchell as to Pepsico, Inc.. (De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 14, 2022 Filing 4 SUMMONS issued as to Pepsico, Inc.. (RH) [Transferred from Florida Middle on 6/2/2022.]
April 13, 2022 Filing 3 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Joel B. Toomey. New case number: 3:22-cv-00421-TJC-JBT. (APV) [Transferred from Florida Middle on 6/2/2022.]
April 13, 2022 Filing 2 NOTICE of consent to join by Kennetha Mitchell . (Attachments: #1 Consent to Join - Kennetha Mitchell)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]
April 13, 2022 Filing 1 COMPLAINT against Pepsico, Inc. (Filing fee $ 402 receipt number AFLMDC-19457686) filed by Kennetha Mitchell. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(De Arcangelis, Kimberly) [Transferred from Florida Middle on 6/2/2022.]

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 this case: Mitchell v. Pepsico, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kennetha Mitchell
Represented By: Matthew Scott Parmet
Represented By: C. Ryan Morgan
Represented By: Kimberly De Arcangelis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Pepsico Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?