Montgomery v. Frito-Lay, Inc.
| Starr Montgomery |
| Frito-Lay Inc, Rolling Frito-Lay Sales, L.P. and FL Transportation Inc |
| 7:2022cv06982 |
| August 16, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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Filing 40
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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| CONSOLIDATED MEMBER CASE: Create association to 7:22-cv-00802-NSR. (ate) |
| CASE ACCEPTED AS RELATED. Create association to 7:22-cv-00802-NSR. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Paul E. Davison 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. (aea) |
| Filing 39 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:22-cv-00185. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| CASE REFERRED TO Judge Nelson Stephen Roman as possibly related to 7:22-cv-00802. (vba) |
| 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. (vba) |
| Case Designated ECF. (vba) |
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Filing 38
ORDER granting #34 Motion to Transfer Case out of District/Division. IT IS, THEREFORE, ORDERED, that, for the convenience of the Parties, this matter here hereby transferred in its entirety to the United States District Court for the Southern District of New York. (Ordered by Judge David C Godbey on 7/22/2022) (ndt) [Transferred from Texas Northern on 8/16/2022.]
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| Filing 37 NOTICE of Consent to Become a Party Plaintiff signed by Alejandro Vega on 7/21/2022. re: #36 Notice (Other), (Attachments: #1 Exhibit(s)) (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 36 ***DISREGARD: Attorney to Refile*** NOTICE of Consent to Become a Party Plaintiff signed by Alejandro Vega on July 21, 2022. (Attachments: #1 Exhibit(s) Consent to Join Form for ALEJANDRO VEGA) (Scalise, Charles) Modified on 7/22/2022 (mla). [Transferred from Texas Northern on 8/16/2022.] |
| Filing 35 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 34 Unopposed MOTION to Transfer Case out of District/Division filed by Starr Montgomery with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 33 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 32 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 31 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 30 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
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Filing 29
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference. (Ordered by Judge David C Godbey on 6/21/2022) (ykp) [Transferred from Texas Northern on 8/16/2022.]
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Filing 28
ELECTRONIC ORDER finding as moot #25 Motion to Extend Time to File Response per #26 Answer. (Ordered by Judge David C Godbey on 6/21/2022) (chmb) [Transferred from Texas Northern on 8/16/2022.]
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| Filing 27 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by FL Transportation Inc, Frito-Lay Inc, Rolling Frito-Lay Sales LP. (Clerk QC note: Affiliate entry indicated). (Ashmore, Alison) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 26 ANSWER to #12 Amended Complaint filed by FL Transportation Inc, Frito-Lay Inc, Rolling Frito-Lay Sales LP. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ashmore, Alison) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 25 MOTION for Extension of Time to File Response/Reply to #12 Amended Complaint,, filed by FL Transportation Inc, Frito-Lay Inc, Rolling Frito-Lay Sales LP (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Ashmore, Alison) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 24 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 23 NOTICE of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Forms) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 22 NOTICE of of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 21 NOTICE of of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Forms) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 20 NOTICE of of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 19 NOTICE of of Consent Filing filed by Starr Montgomery (Attachments: #1 Consent Form, #2 Consent Form) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
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Filing 18
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Michele R. Fisher. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 4/29/2022) (chmb) [Transferred from Texas Northern on 8/16/2022.]
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Filing 17
ELECTRONIC ORDER granting #13 Motion for Leave to File. (Second Amended Complaint filed as Doc. 12.) (Ordered by Judge David C Godbey on 4/29/2022) (chmb) [Transferred from Texas Northern on 8/16/2022.]
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Filing 16
ELECTRONIC ORDER granting #15 Motion for Extension of Time to Response. Defendants response to the complaint is due June 20, 2022. (Ordered by Judge David C Godbey on 4/28/2022) (chmb) [Transferred from Texas Northern on 8/16/2022.]
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| Filing 15 Agreed Motion for Extension of Time to File Answer (), Agreed MOTION for Extension of Time to File Pleading or Otherwise Respond to Lawsuit filed by FL Transportation, Inc., Frito-Lay Inc, Rolling Frito-Lay Sales, LP (Attachments: #1 Proposed Order Granting Extension of time to Plead or Otherwise Respond to the Lawsuit)Attorney Alison R Ashmore added to party FL Transportation, Inc.(pty:dft), Attorney Alison R Ashmore added to party Rolling Frito-Lay Sales, LP(pty:dft) (Ashmore, Alison) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12782941) filed by Starr Montgomery (Attachments: #1 Certificate of Good Standing, #2 Admissions List)Attorney Michele R Fisher added to party Starr Montgomery(pty:pla) (Fisher, Michele) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 13 Unopposed MOTION for Leave to File Second Amended Complaint filed by Starr Montgomery with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment, #2 Proposed Order) (Ross, Daniel) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Starr Montgomery. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 11 NOTICE of Consent to Become a Party Plaintiff signed by TAKIESHA SIMS on March 30, 2022. re: #7 Amended Complaint,, #1 Complaint,,,, (Attachments: #1 Exhibit(s) Consent to Join Form for Takiesha Sims) (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 10 NOTICE of Consent to Become a Party Plaintiff signed by LaRisha Davis on March 29, 2022. re: #7 Amended Complaint, #1 Complaint. (Attachments: #1 Exhibit(s) Consent to Join Form for LaRisha Davis) (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
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Filing 9
ELECTRONIC ORDER granting #8 Motion for Extension of Time to File Response. Defendants response to the complaint is due June 8, 2022. (Ordered by Judge David C Godbey on 2/24/2022) (chmb) [Transferred from Texas Northern on 8/16/2022.]
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| Filing 8 Agreed Motion for Extension of Time to File Answer , Plead or Otherwise Respond to Amended Complaint filed by Frito-Lay Inc (Attachments: #1 Proposed Order Granting Agreed Motion to Extend Time to Plead or Otherwise Respond to Amended Complaint)Attorney Alison R Ashmore added to party Frito-Lay Inc(pty:dft) (Ashmore, Alison) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Starr Montgomery. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 6 Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge David C Godbey for all further proceedings. Future filings should indicate the case number as: 3:22-cv-185-N. (ctf) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 5 Summons Issued as to Frito-Lay Inc. (jmg) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (jmg) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 3 Request for Clerk to issue Summons filed by Starr Montgomery. (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Starr Montgomery identifying Corporate Parent/Other Affiliate PepsiCo, Inc. for Starr Montgomery. (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Frito-Lay, Inc. filed by Starr Montgomery. (Filing fee $402; Receipt number 0539-12555540) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Scalise, Charles) [Transferred from Texas Northern on 8/16/2022.] |
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