Herriman v. The PepsiCo INC. Disability Plan et al
Plaintiff: Leea Herriman
Defendant: The PepsiCo INC. Disability Plan and Sedgwick Claims Management Services, Inc.
Case Number: 7:2024cv00615
Filed: January 29, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2024 Opinion or Order Filing 17 MEMO ENDORSED ORDER terminating #16 Motion to Dismiss. ENDORSEMENT: Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss without prejudice without a court order because Defendant has not answered or moved for summary judgment. The Clerk of Court is respectfully directed to terminate ECF No. 16 and to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 2/13/2024) (mml)
February 13, 2024 Filing 16 MOTION to Dismiss without Prejudice. Document filed by Leea Herriman..(Tylka, Brook)
February 2, 2024 Filing 15 ELECTRONIC SUMMONS ISSUED as to Sedgwick Claims Management Services, Inc.. (vf)
February 2, 2024 Filing 14 ELECTRONIC SUMMONS ISSUED as to The PepsiCo INC. Disability Plan. (vf)
February 1, 2024 Opinion or Order Filing 13 ORDER granting #11 Motion for Jessa Lee Victor to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 1, 2024 Opinion or Order Filing 12 ORDER granting #8 Motion for Brook E. Tylka to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 1, 2024 Filing 11 MOTION for Jessa Lee Victor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leea Herriman. (Attachments: #1 Proposed Order Proposed Order for Admission Pro Hac Vice, #2 Affidavit Affidavit of Jessa L. Victor, #3 Exhibit Certificate of Good Standing).(Victor, Jessa)
February 1, 2024 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Sedgwick Claims Management Services, Inc., re: #1 Complaint. Document filed by Leea Herriman..(Tylka, Brook)
February 1, 2024 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to The PepsiCo Inc. Disability Plan, re: #1 Complaint. Document filed by Leea Herriman..(Tylka, Brook)
February 1, 2024 Filing 8 MOTION for Brook E. Tylka to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leea Herriman. (Attachments: #1 Proposed Order Proposed Order for Admission Pro Hac Vice, #2 Affidavit Affidavit of Brook E. Tylka, #3 Exhibit Certificate of Good Standing).(Tylka, Brook)
February 1, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Brook E. Tylka to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
February 1, 2024 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Jessa Lee Victor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
January 30, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brook E. Tylka to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF case caption must list all of the party names. If all of the party names do not fit, include 'et al'; the PDF case caprion must be the same for each summons form;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
January 30, 2024 Case Designated ECF. (jgo)
January 30, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(jgo)
January 30, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brook E. Tylka. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
January 30, 2024 Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. 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. (jgo)
January 29, 2024 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessa L. Victor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28870888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leea Herriman. (Attachments: #1 Affidavit Affidavit of Jessa L. Victor in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Victor, Jessa) Modified on 1/29/2024 (vba).
January 29, 2024 Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brook E. Tylka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28870795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Leea Herriman. (Attachments: #1 Affidavit Affidavit of Brook E. Tylka in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order).(Tylka, Brook) Modified on 1/29/2024 (vba).
January 29, 2024 Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Sedgwick Claims Management Services, Inc., re: #1 Complaint. Document filed by Leea Herriman..(Tylka, Brook) Modified on 1/30/2024 (jgo).
January 29, 2024 Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The PepsiCo Inc. Disability Plan, re: #1 Complaint. Document filed by Leea Herriman..(Tylka, Brook) Modified on 1/30/2024 (jgo).
January 29, 2024 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Leea Herriman..(Tylka, Brook)
January 29, 2024 Filing 2 CIVIL COVER SHEET filed..(Tylka, Brook)
January 29, 2024 Filing 1 COMPLAINT against Sedgwick Claims Management Services, Inc., The PepsiCo INC. Disability Plan. (Filing Fee $ 405.00, Receipt Number ANYSDC-28870483)Document filed by Leea Herriman..(Tylka, Brook)
January 29, 2024 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Brook E. Tylka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28870795. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Wisonsin;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
January 29, 2024 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Jessa L. Victor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28870888. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Wisonsin;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)

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Plaintiff: Leea Herriman
Represented By: Jessa Victor
Represented By: Brook E. Tylka
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Defendant: The PepsiCo INC. Disability Plan
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Defendant: Sedgwick Claims Management Services, Inc.
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