Morales v. Pepsi Co Inc.
||Roberto Andres Morales
||Pepsi Co Inc.
||August 26, 2016
||US District Court for the Western District of New York
||Elizabeth A. Wolford
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 2000
|Jury Demanded By:
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|April 15, 2019
DECISION AND ORDER Bottling Group's motions for summary judgment (Morales 32 ; Campbell 56 ) are granted. Morales's Complaint 1 and Campbell's Complaint 1 are dismissed in their entirety and with prejudice. Signed by Hon. David G. Larimer on 4/15/2019. Copies of this Decision and Order sent by First Class Mail on 4/15/2019 to plaintiff Roberto Morales, 59 Greenleaf Meadows, Rochester, NY 14612 and plaintiff Bobby Campbell, Jr., 13 Webner Place, Palm Coast, FL 32164. (KAH) -CLERK TO FOLLOW UP-
|August 14, 2018
DECISION & ORDER Defendant's motion for sanctions or to compel 24 is granted in part and denied in part, and defendant's motion to amend the caption 34 is granted. The Clerk of the Court is directed to amend the caption to reflect " ;Bottling Group, LLC" as the defendant. Defendant is directed to provide authorizations for Morales's execution on or before 8/24/2018. Morales is directed to do the following on or before 9/10/2018: 1. Produce any data or information, inc luding text messages, notes, notebooks, or emails, upon which he intends to rely during the trial of this matter. If not produced by 9/10/2018, Morales should be precluded from introducing or relying upon any such documents or information contained therein; 2. Produce any documents after July 6, 2015, related to his application for or receipt of SNAP, Medicaid, or unemployment in his possession, or execute authorizations for the release of such information to defendant; 3. Produce any documents Morales possesses reflecting compensation he received from any employer after July 6, 2015, the date of his termination; 4. Provide authorizations permitting his mental health treatment providers to release his medical records to defendant unless Mo rales stipulates that his claim for emotional damages is limited to a garden variety claim, in which case he must submit a sworn affidavit to the Court with the following representations: a) He understands that his claim for emotional distress damage s is limited to "garden variety" emotional distress damages, meaning nothing more than the distress that any healthy, well adjusted person would likely feel as a result of the challenged actions; b) He will not claim at trial that he suffer ed severe emotional distress or a diagnosed mental health condition; c) He will not offer at trial any psychological or medical testimony or records to support his claims of emotional distress, including his own testimony that he sought treatment fro m a mental health professional; and, d) He withdraws any prior claim for physical injury or non garden variety emotional distress damages. Signed by Hon. Marian W. Payson on 8/14/2018. Copy of this Decision & Order sent by First Class Mail to plaintiff Roberto Andres Morales on 8/14/2018 to his address of record. (KAH)-CLERK TO FOLLOW UP-
|November 30, 2017
DECISION & ORDER granting 16 defendant's motion to compel and for a protective The parties are directed to confer to set a deposition date for plaintiff and to notify the Court by 12/15/2017 of the scheduled date. The deposition shall be held by no later than 1/31/2018. No extensions shall be granted. In addition, not less than 10 days before his scheduled deposition, plaintiff is directed to provide to counsel for defendant all documents relating to his claims against the defendant and his claimed damages, including any documents he intends to rely upon to prove his claims and damages. PLAINTIFF IS HEREBY ADVISED THAT FAILURE TO APPEAR FOR HIS DEPOSITION, OR TO COMPLY FULLY WITH THIS ORDER, MAY SUBJECT HIM TO SANCTIONS PURSUA NT TO FED. R. CIV. P. 37(b)(2)(A) and 37(d)(1)(A), INCLUDING DISMISSAL OF THIS ACTION WITH PREJUDICE. It is further Ordered, that the Court's 8/8/2017 Amended Scheduling/Case Management Order 15 shall be amended as follows: Fact Disco very to be completed by 1/31/2018. Motions to Compel due by 1/31/2018. Dispositive Motions due by 3/16/2018. Signed by Hon. Marian W. Payson on 11/30/2017. Copy of this Decision & Order sent by First Class Mail to plaintiff Roberto Andres Morales on 12/1/2017 to his address of record. (KAH)
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