Irving-Millentree v. PepsiCo, Inc.
Plaintiff: Robney Irving-Millentree
Defendant: Pepsico Inc.
Case Number: 7:2022cv04784
Filed: June 8, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
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 18 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 17 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 16 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 15 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 14 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) Filed In Associated Cases: 7:22-cv-00802-NSR, 7:22-cv-04784-NSR, 7:22-cv-04828-NSR, 7:22-cv-04850-NSR, 7:22-cv-04851-NSR (tg)
July 6, 2022 CASE ACCEPTED AS RELATED. Create association to 7:22-cv-00802-NSR. Notice of Assignment to follow. (vba)
July 6, 2022 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Ronnie Abrams is no longer assigned to the case. (vba)
July 6, 2022 CONSOLIDATED MEMBER CASE: Create association to 7:22-cv-00802-NSR.. (tg)
July 6, 2022 Magistrate Judge Paul E. Davison is so redesignated. (vba)
June 9, 2022 Filing 13 NOTICE of Filing Consent. Document filed by Robney Irving-Millentree. (Attachments: #1 Exhibit 1 - Consent).(Parmet, Matthew)
June 9, 2022 Filing 12 NOTICE of Filing Motion for Consolidation in Related Case. Document filed by Robney Irving-Millentree..(Parmet, Matthew)
June 9, 2022 Filing 11 NOTICE OF APPEARANCE by Matthew Scott Parmet on behalf of Robney Irving-Millentree..(Parmet, Matthew)
June 8, 2022 Filing 10 CASE TRANSFERRED IN from the United States District Court - District of Missouri Eastern; Case Number: 4:22-cv-00440. Original file certified copy of transfer order and docket entries received.
June 8, 2022 Case Designated ECF. (laq)
June 8, 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)
June 8, 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 19, 2022 Opinion or Order Filing 9 ORDER TRANSFERRING VENUE. Came on to be considered Plaintiff Robney Irving-Millentree's Unopposed Motion #8 to Transfer Venue, and having reviewed the Motion, the Court is of the opinion that it should be and hereby is GRANTED. It is therefore ORDERED that this matter is transferred in its entirety to the United States District Court for the Southern District of New York. (Case to be transferred after 6/2/2022.) Signed by District Judge Stephen R. Clark on 5/19/2022. (CBL) [Transferred from Missouri Eastern on 6/8/2022.]
May 18, 2022 Filing 8 Unopposed MOTION to Transfer Case to SDNY by Plaintiff Robney Irving-Millentree. (Attachments: #1 Text of Proposed Order)(Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]
May 9, 2022 Filing 7 NOTICE Filing Consent: by Plaintiff Robney Irving-Millentree (Attachments: #1 Exhibit 1 - Consent)(Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]
April 19, 2022 Filing 6 WAIVER OF SERVICE Returned Executed filed by Robney Irving-Millentree PepsiCo, Inc. waiver signed on 4/18/2022, answer due 6/17/2022. (Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]
April 19, 2022 Filing 5 CJRA ORDER (GJL). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Stephen R. Clark for all further proceedings (CLO) [Transferred from Missouri Eastern on 6/8/2022.]
April 18, 2022 Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) [Transferred from Missouri Eastern on 6/8/2022.]
April 18, 2022 Filing 3 NOTICE Filing Consent: by Plaintiff Robney Irving-Millentree (Attachments: #1 Exhibit 1 - Consent)(Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]
April 18, 2022 Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Robney Irving-Millentree Process Server: Liberty Litigation (Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]
April 18, 2022 Case Opening Notification. Judge Assigned: U.S. Magistrate Judge Patricia L. Cohen. 1 Summons(es) issued and emailed to attorney Matthew Scott Parmet. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (BAK) [Transferred from Missouri Eastern on 6/8/2022.]
April 15, 2022 Filing 1 COMPLAINT against defendant PepsiCo, Inc. with receipt number AMOEDC-9243800, in the amount of $402 Non-Jury Demand,, filed by PepsiCo, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons)(Parmet, Matthew) [Transferred from Missouri Eastern on 6/8/2022.]

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Plaintiff: Robney Irving-Millentree
Represented By: Matthew Scott Parmet
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Defendant: Pepsico Inc.
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