Fletcher v. Dr. Pepper Snapple Group, et al
| Julie Fletcher |
| Dr Pepper Snapple Group, Dr. Pepper/Seven Up, Inc. and Keurig Dr Pepper Inc. |
| 1:2018cv00766 |
| July 11, 2018 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Allegany |
| Elizabeth A Wolford |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 38
ORDER granting Plaintiff's #37 Stipulation of Dismissal against the Defendant's. Signed by Hon. Elizabeth A. Wolford on 5/21/2019. (KM)
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| Filing 37 STIPULATION of Dismissal pursuant to Rule 41(a)(1)(A)(i) by Julie Fletcher. (Attachments: #1 Certificate of Service)(DeBenedictis, Michael) |
| Filing 36 STATUS REPORT (Joint) by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Ragusa, Paul) |
| Filing 35 NOTICE of Appearance by Paul A. Ragusa on behalf of Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. (Ragusa, Paul) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Argument Proceedings held on 10/24/2018, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-616-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/22/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/2/2019. (KM) |
| Filing 33 TEXT ORDER granting #30 Motion to Stay. The Court grants the #30 Motion to Stay upon consent of the parties as submitted in the #32 Stipulation. The parties shall file a joint status report with the Court within 120 days of this Text Order or within 21 days of the final approval hearing on the proposed settlement in the Missouri Action, whichever is earlier, unless this case is dismissed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/08/2019. (KAC) |
| Filing 32 STIPULATION and Proposed Order Staying Action by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Henkin, Douglas) |
| Filing 31 TEXT ORDER re #30 Motion to Stay. Responsive papers are due on or before January 10, 2019. Reply papers are due on or before January 17, 2019. Upon receipt of all papers, the Court will determine whether oral argument is necessary, and if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/20/18. (KAC) |
| Filing 30 MOTION to Stay Action Pending Approval of Settlement in Parallel Action by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Douglas W. Henkin, #3 Exhibit A to Henkin Declaration, #4 Exhibit B to Henkin Declaration)(Henkin, Douglas) |
| Filing 29 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Oral Argument re: Defendants' motion to dismiss held on 10/24/2018. Decision reserved. Appearances: Plf-Michael DeBenedictis, Esq., Marie McCrary, Esq. Matthew McCrary, Esq. Dft-Douglas Henkin, Esq., Ariel House, Esq. (Court Reporter Karen Bush.) (SDW) |
| Filing 28 Letter filed by Julie Fletcher as to Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. requesting leave to address Reply in Oral Arguments. (DeBenedictis, Michael) |
| Filing 27 REPLY/RESPONSE to re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO DISMISS THE CLASS ACTION COMPLAINT filed by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Ariel D. House)(Henkin, Douglas) |
| Filing 26 TEXT ORDER regarding oral argument set for 10/24/2018 at 11:00 AM. Due to the Court's criminal calendar, oral argument is being moved to 11:30 AM on 10/24/2018 in US Courthouse, 2 Niagara Street, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. Please note this is a time change only, the date remains set for 10/24/2018. Signed by Hon. Elizabeth A. Wolford on 10/14/2018. (DPS) |
| Filing 25 MEMORANDUM in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Julie Fletcher. (Attachments: #1 Declaration of Matthew T. McCrary, Esq. in Support, #2 Exhibit Ex. 1 to McCrary Declaration, #3 Exhibit Ex. 2 to McCrary Declaration, #4 Exhibit Ex. 3 to McCrary Declaration, #5 Exhibit Ex. 4 to McCrary Declaration, #6 Exhibit Ex. 5 to McCrary Declaration, #7 Exhibit Ex. 6 to McCrary Declaration, #8 Certificate of Service)(DeBenedictis, Michael) |
| Filing 24 TEXT ORDER granting #22 Motion to appear pro hac vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/12/18. (KAC)-CLERK TO FOLLOW UP- |
| Filing 23 CONTINUATION OF EXHIBITS by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. to #22 MOTION to appear pro hac vice (Ariel D. House) ( Filing fee $ 150 receipt number 0209-3244304.) filed by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Henkin, Douglas) |
| E-Filing Notification: regarding #22 MOTION to appear pro hac vice. Petition form is incomplete at question #3(c). Action needed: Please complete the petition form and re-file using the Continuation of Exhibits event, found under Responses and Replies. (NRE) |
| Filing 22 MOTION to appear pro hac vice (Ariel D. House) ( Filing fee $ 150 receipt number 0209-3244304.) by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc..(Henkin, Douglas) |
| Filing 21 TEXT ORDER granting #17 Motion to appear pro hac vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/21/2018. (PFC)-CLERK TO FOLLOW UP- |
| Filing 20 TEXT ORDER granting #19 Motion for Extension of Time to File. Plaintiff's response is now due on or before October 12, 2018. Defendants' reply is now due on or before October 19, 2018. The motion hearing set for October 24, 2018, at 11:00 am, in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before the undersigned remains as scheduled. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/14/2018. (PFC) |
| Filing 19 MOTION for Extension of Time to File UNOPPOSED MOTION RE-SETTING BRIEFING DEADLINES ON DEFENDANTS MOTION TO DISMISS by Julie Fletcher. (Attachments: #1 Text of Proposed Order)(McCrary, Matthew) |
| E-Filing Notification Correction regarding #18 STIPULATION. Action required. Filer should file a motion. (KM) |
| E-Filing Notification regarding #18 STIPULATION. Action required. Filer should re-file document as a motion. (KM) |
| Filing 18 STIPULATION AND [PROPOSED] ORDER RE-SETTING BRIEFING DEADLINES ON DEFENDANTS MOTION TO DISMISS by Julie Fletcher. (McCrary, Matthew) |
| Filing 17 MOTION to appear pro hac vice of Marie A. McCrary, Esq. ( Filing fee $ 150 receipt number 0209-3218173.) by Julie Fletcher. (Attachments: #1 Exhibit Admission Petition Form, #2 Exhibit Admission Sponsor Affidavit, #3 Exhibit Attorney's Oath, #4 Exhibit Civility Principles, #5 Exhibit Attorney Database Information, #6 Exhibit CM/ECF Reg Form)(DeBenedictis, Michael) |
| Filing 16 TEXT ORDER re #15 Motion to Dismiss for Failure to State a Claim. Responsive papers are due on or before September 25, 2018. Reply papers are due on or before October 2, 2018. Defendants have also requested that oral argument be set on a date determined by the Court. The Court concurs that oral argument would be beneficial to the disposition of Defendants' motion. Accordingly, a motion hearing is set for Wednesday, October 24, 2018, at 11:00 am, in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/04/2018. (PFC) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Ariel D. House, #3 Request for Judicial Notice)(Henkin, Douglas) |
| Filing 14 TEXT ORDER granting #12 Motion to Amend/Correct. On August 2, 2018, Defendants filed a motion to amend/correct the docket and the caption to reflect that Dr Pepper Snapple Group, Inc. has changed its name to Keurig Dr Pepper Inc. On August 3, 2018, the Court issued a briefing schedule permitting Plaintiff to respond to Defendants' motion by August 17, 2018. To date, Plaintiff has not filed any responsive papers. Accordingly, the Court grants Defendants' unopposed motion to amend/correct. The Clerk of Court is directed to amend the caption to reflect that Dr Pepper Snapple Group, Inc. has changed its name to Keurig Dr Pepper Inc. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/29/2018. (PFC) -CLERK TO FOLLOW UP- |
| Filing 13 TEXT ORDER re #12 Motion to Amend/Correct Docket and Caption to Reflect Change of Party Name. Responses are due on or before 8/17/2018. Upon the receipt of all papers, the motion will be deemed submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/03/2018. (PFC) |
| Filing 12 MOTION to Amend/Correct Docket and Caption to Reflect Change of Party Name by Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc..(Henkin, Douglas) |
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Filing 11
ORDER granting Defendants #7 Consent MOTION for Extension of Time to File Answer to #1 Complaint through and including August 31, 2018. Signed by Hon. Elizabeth A. Wolford on 8/1/2018. (KM)
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| Filing 10 MOTION for Change of Party Name by Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc..(Henkin, Douglas) |
| E-Filing Notification regarding #8 NOTICE of Change of Party Name. Action required. Filer should refile document as a motion. (KM) |
| Filing 9 Corporate Disclosure Statement by Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc. identifying Corporate Parent Keurig Dr Pepper Inc., Corporate Parent JAB Holding Company for Dr. Pepper/Seven Up, Inc.; Corporate Parent Mondelez International, Inc, Corporate Parent JAB Holding Company, Other Affiliate Maple Holdings B.V. for Dr. Pepper Snapple Group, Inc... (Henkin, Douglas) |
| Filing 8 NOTICE by Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc. of Change of Party Name (Henkin, Douglas) |
| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc..(Henkin, Douglas) |
| Filing 6 TEXT ORDER granting #5 Motion to appear pro hac vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/27/2018. (PFC) -CLERK TO FOLLOW UP- |
| Verified admission to the Texas State Bar for Attorney Matthew T. McCrary. (NRE) |
| Filing 5 MOTION to appear pro hac vice pursuant to Local Rule 83.1(i) on behalf of Matthew McCrary as counsel for Plaintiff ( Filing fee $ 150 receipt number 0209-3173115.) by Julie Fletcher. (Attachments: #1 Exhibit Admission Petition Form, #2 Exhibit Admission Sponsor Affidavit, #3 Exhibit Attorney's Oath, #4 Exhibit Civility Principles, #5 Exhibit Attorney Database Information, #6 Exhibit CM/ECF Reg Form)(DeBenedictis, Michael) |
| Filing 4 Summons Issued as to Dr. Pepper Snapple Group, Inc., Dr. Pepper/Seven Up, Inc. (KM) |
| Filing 3 CONTINUATION OF EXHIBITS by Julie Fletcher. to #1 Complaint Summons for issuance to Defendant Dr. Pepper Snapple Group, Inc. filed by Julie Fletcher. (Attachments: #1 SUMMONS Dr Pepper/SevenUp)(DeBenedictis, Michael) |
| Filing 2 CONTINUATION OF EXHIBITS by Julie Fletcher. to #1 Complaint Summons for Issuance to Defendant DR. PEPPER SNAPPLE GROUP, INC filed by Julie Fletcher. (Attachments: #1 Summons for Issuance to Defendant DR. PEPPER/SEVEN UP, INC)(DeBenedictis, Michael) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil opening. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3160730, filed by Julie Fletcher. (Attachments: #1 Civil Cover Sheet)(DeBenedictis, Michael) |
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