Hill et al v. Frito-Lay, Inc.
| Brian Hill, Jason Mathis and Cruz Vasquez |
| Frito-Lay Inc |
| 7:2023cv03494 |
| April 26, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Nelson Stephen Roman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Filing 19 MEMO ENDORSEMENT on re: #17 MOTION filed by Frito-Lay Inc. ENDORSEMENT: Plfs. are directed to respond to Def's request to extend the stay. (See ECF No. 17.) Plfs. are directed to do so no later than May 23, 2023. ( Responses due by 5/23/2023) (Signed by Judge Nelson Stephen Roman on 5/18/2023) (ate) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Valerie E. Caproni is no longer assigned to the case..(aea) |
| Filing 18 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 4:22-cv-00518. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(tro) |
| 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. (tro) |
| Case Designated ECF. (tro) |
| 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. (tro) |
| Filing 17 UNOPPOSED MOTION TO EXTEND STAY AND NOTICE by Frito-Lay, Inc. re #16 Memorandum & Opinion, Order, Order Staying Case, of Final Judgment (Attachments: #1 Exhibit A - Final Approval Order and Judgment (Stevens case 79 ), #2 Exhibit B - Settlement Agreement (Stevens case 57 ), #3 Text of Proposed Order Granting Motion to Extend Stay)(Ashmore, Alison) [Transferred from Texas Eastern on 4/26/2023.] |
Filing 16
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant's Motion to Transfer Venue or, in the Alternative, to Stay (Dkt. #8 ) will be GRANTED in part. The collective action claim for FLSA violations under the plaintiff's "Second Claim for Relief" will be transferred. It is further ORDERED that the clerk will sever this action and transfer the severed case to the Southern District of New York because of the related case, Stevens v. PepsiCo Inc., et al., Case No. 7:22-CV-802. It is further ORDERED that all remaining claims and pending deadlines in this case are hereby STAYED pending the resolution of the Southern District of New York's related case. It is further ORDERED that the parties shall notify the Court within seven (7) days of the Southern District of New York's issuance of a Final Judgment and include a description of the court's ruling as to the proposed Settlement Agreement. Signed by District Judge Amos L. Mazzant, III on 4/3/2023. (baf, ) [Transferred from Texas Eastern on 4/26/2023.]
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Filing 15
SCHEDULING ORDER: Final Pretrial Conference set for 8/31/2023 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 2/13/2023 for Plaintiff and by 2/27/2023 for Defendant. Discovery due by 5/8/2023. Joinder of Parties due by 12/5/2022. Proposed Jury instructions/Form of Verdict due by 8/17/2023. Mediation Completion due by 4/24/2023. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 4/13/2023. Joint Final Pretrial Order due by 8/1/2023. Signed by District Judge Amos L. Mazzant, III on 10/31/2022. (baf, ) [Transferred from Texas Eastern on 4/26/2023.]
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| The Court hereby CANCELS the October 24, 2022 Scheduling Conference; the Court will enter a Scheduling Order. (tls) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix Appendix I)(Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 13 RESPONSE in Support re #8 MOTION to Transfer or in the Alternative, to Stay re #1 Complaint, filed by Frito-Lay, Inc.. (Ashmore, Alison) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 12 RESPONSE in Opposition re #8 MOTION to Transfer or in the Alternative, to Stay re #1 Complaint, filed by Brian Hill, Jason Mathis, Cruz Vasquez. (Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
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Filing 11
ORDER GOVERNING PROCEEDINGS - Rule 16 management Conference set for 10/24/2022 02:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/1/2022. (ch, ) [Transferred from Texas Eastern on 4/26/2023.]
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| Filing 10 NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez -- Notice of Filing -- Consent to Join -- Bobbi Aranda (Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 9 ANSWER to #1 Complaint, by Frito-Lay, Inc..(Ashmore, Alison) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 8 MOTION to Transfer or in the Alternative, to Stay re #1 Complaint, by Frito-Lay, Inc.. (Attachments: #1 Exhibit A - Stevens Complaint, #2 Exhibit B - Email String, #3 Text of Proposed Order Granting Frito-Lay's Motion to Transfer Venue)(Ashmore, Alison) [Transferred from Texas Eastern on 4/26/2023.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) [Transferred from Texas Eastern on 4/26/2023.] |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer Complaint. Signed by District Judge Amos L. Mazzant, III on 7/26/2022. (rpc, ) [Transferred from Texas Eastern on 4/26/2023.]
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| Answer Due Deadline Updated for Frito-Lay, Inc. to 8/19/2022. (rpc, ) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Frito-Lay, Inc.. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Extend Time for Def to Plead or Otherwise Response to Original Complaint)(Ashmore, Alison) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 5 SUMMONS Returned Executed by Brian Hill. Frito-Lay, Inc. served on 7/5/2022, answer due 7/26/2022. (Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 4 NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez Notice of Filing -- Consent to Join -- Jonette Dennison (Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 3 NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez -- Notice of Filing -- Consent to Join -- Jonathan Williams (Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 2 SUMMONS Issued as to Frito-Lay, Inc.. (baf, ) [Transferred from Texas Eastern on 4/26/2023.] |
| Filing 1 COMPLAINT against Frito-Lay, Inc. ( Filing fee $ 402 receipt number ATXEDC-8984755.), filed by Brian Hill, Cruz Vasquez, Jason Mathis. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Consent to Join -- Brian Hill, #3 Exhibit Consent to Join -- Jason Mathis, #4 Exhibit Consent to Join -- Cruz Vasquez)(Sanford, Joshua) [Transferred from Texas Eastern on 4/26/2023.] |
| Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) [Transferred from Texas Eastern on 4/26/2023.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) [Transferred from Texas Eastern on 4/26/2023.] |
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