Hill et al v. Frito-Lay, Inc.
| Brian Hill, Jason Mathis and Cruz Vasquez |
| Frito-Lay, Inc. |
| 4:2022cv00518 |
| June 22, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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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, )
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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, )
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The Court hereby CANCELS the October 24, 2022 Scheduling Conference; the Court will enter a Scheduling Order. (tls)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix Appendix I)(Sanford, Joshua)
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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)
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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)
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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, )
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Filing 10
NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez -- Notice of Filing -- Consent to Join -- Bobbi Aranda (Sanford, Joshua)
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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)
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Filing 9
ANSWER to #1 Complaint, by Frito-Lay, Inc..(Ashmore, Alison)
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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)
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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, )
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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, )
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Answer Due Deadline Updated for Frito-Lay, Inc. to 8/19/2022. (rpc, )
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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)
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Filing 5
SUMMONS Returned Executed by Brian Hill. Frito-Lay, Inc. served on 7/5/2022, answer due 7/26/2022. (Sanford, Joshua)
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Filing 4
NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez Notice of Filing -- Consent to Join -- Jonette Dennison (Sanford, Joshua)
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Filing 3
NOTICE by Brian Hill, Jason Mathis, Cruz Vasquez -- Notice of Filing -- Consent to Join -- Jonathan Williams (Sanford, Joshua)
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Filing 2
SUMMONS Issued as to Frito-Lay, Inc.. (baf, )
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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)
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Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, )
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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, )
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