| Court: | nyed |
| Docket #: | 1:12-cv-05017 |
| Case Name: | Foust v. Frito-Lay North America, Inc. |
| PACER case #: | 335135 |
| Date filed: | 2012-10-05 |
| Assigned to: | Judge Roslynn R. Mauskopf |
| Referred to: | Magistrate Judge Roanne L. Mann |
| Case Cause: | 28:1332 Diversity-Product Liability |
| Nature of Suit: | 195 Contract Product Liability |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| David Foust Plaintiff individually and on behalf of all others similarly |
Howard W Rubinstein Angela Valentina Arango-Chaffin |
| All Plaintiffs Plaintiff |
All Plaintiffs |
| Frito-Lay North America, Inc. Defendant a Texas corporation |
Andrew S Tulumello Robert Maurice Fulton Casey Reeder Lennox |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-05-25 | 1 | 0 | COMPLAINT against Frito-Lay North America, Inc.. Filing fee $ 350.00 receipt number 113C-4764224, filed by David Foust. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Arango-Chaffin, Angela) [Transferred from Florida Southern on 10/5/2012.] (Entered: 05/25/2012) | |||
| 2012-05-25 | 2 | 0 | Judge Assignment to Judge Cecilia M. Altonaga and Magistrate Judge Andrea M. Simonton (bb) [Transferred from Florida Southern on 10/5/2012.] (Entered: 05/25/2012) | |||
| 2012-06-07 | 3 | 0 | Defendant's MOTION to Change Venue Motion to Transfer this Action to the Eastern District of New York and Incorporated Memorandum of Law by Frito-Lay North America, Inc.. Responses due by 6/25/2012 (Attachments: # 1 Exhibit Exhibit A pg 1-9, # 2 Exhibit Exhibit A pg 10-17, # 3 Exhibit Exhibit A pg 18-28, # 4 Exhibit Exhibit A pg 29-36, # 5 Exhibit Exhibit A pg 37-45, # 6 Exhibit Exhibit A pg 46-52, # 7 Exhibit Exhibit B Zuro Complaint, # 8 Exhibit Exhibit C Shake Complaint, # 9 Exhibit Exhibit D Ord Transferring Gengo, # 10 Exhibit Exhibit E Order Transferring Zuro)(Fulton, Robert) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/07/2012) | |||
| 2012-06-07 | 4 | 0 | Defendant's MOTION to Change Venue Request for Oral Argument by Frito-Lay North America, Inc.. Responses due by 6/25/2012 (Fulton, Robert) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/07/2012) | |||
| 2012-06-07 | 5 | 0 | Corporate Disclosure Statement by Frito-Lay North America, Inc. (Fulton, Robert) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/07/2012) | |||
| 2012-06-08 | 6 | 0 | ORDER granting 4 request for oral argument. The parties are instructed to contact the Courtroom Deputy to arrange a mutually convenient date and time for the hearing. Signed by Judge Cecilia M. Altonaga (CMA) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/08/2012) | |||
| 2012-06-08 | 7 | 0 | NOTICE of Attorney Appearance by Casey Reeder Lennox on behalf of Frito-Lay North America, Inc. (Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/08/2012) | |||
| 2012-06-11 | 8 | 0 | NOTICE of Hearing on Motion 3 Defendant's MOTION to Change Venue Motion to Transfer this Action to the Eastern District of New York and Incorporated Memorandum of Law: Motion Hearing set for 7/10/2012 09:15 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/11/2012) | |||
| 2012-06-12 | 9 | 0 | NOTICE CHANGING TIME of Hearing on Motion 3 Defendant's MOTION to Change Venue Motion to Transfer this Action to the Eastern District of New York and Incorporated Memorandum of Law: Motion Hearing reset for 7/10/2012 09:30 AM in Miami Division before Judge Cecilia M. Altonaga (changes time of day only). (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/12/2012) | |||
| 2012-06-13 | 10 | 0 | Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 7/2/2012. Signed by Judge Cecilia M. Altonaga on 6/11/2012. (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/13/2012) | |||
| 2012-06-18 | 11 | 0 | WAIVER OF SERVICE Returned Executed by David Foust. All Defendants. (Arango-Chaffin, Angela) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/18/2012) | |||
| 2012-06-20 | 12 | 0 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew S. Tulumello. Filing Fee $ 75.00. Receipt # 40832. (ksa) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/21/2012) | |||
| 2012-06-22 | 13 | 0 | ORDER granting 12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Signed by Judge Cecilia M. Altonaga (CMA) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/22/2012) | |||
| 2012-06-25 | 14 | 0 | RESPONSE in Opposition re 4 Defendant's MOTION to Change Venue Request for Oral Argument, 3 Defendant's MOTION to Change Venue Motion to Transfer this Action to the Eastern District of New York and Incorporated Memorandum of Law and Incorporated Memorandum of Law filed by David Foust. (Attachments: # 1 Exhibit 1)(Rubinstein, Howard) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/25/2012) | |||
| 2012-06-26 | 15 | 0 | NOTICE of Hearing: Telephone Conference set for 6/29/2012 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. Please see notice for instructions for conference call. (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/26/2012) | |||
| 2012-06-29 | 16 | 0 | Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 6/29/2012. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (msa) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/29/2012) | |||
| 2012-06-29 | 17 | 0 | Joint MOTION For Entry of Order Postponing Deadlines Pending Ruling on Transfer Motion by David Foust, Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A (Proposed Order))(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 06/29/2012) | |||
| 2012-07-02 | 18 | 0 | Corporate Disclosure Statement by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit A)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/02/2012) | |||
| 2012-07-02 | 19 | 0 | Notice of Pendency of Other Action by Frito-Lay North America, Inc. (Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/02/2012) | |||
| 2012-07-02 | 20 | 0 | ORDER granting 17 Motion For Order Postponing Deadlines Pending Ruling on Transfer Motion. Signed by Judge Cecilia M. Altonaga on 7/2/2012. (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/02/2012) | |||
| 2012-07-02 | 21 | 0 | NOTICE by Frito-Lay North America, Inc. re 19 Notice of Pendency of Other Action (Notice of Filing Exhibit) (Attachments: # 1 Exhibit A)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/02/2012) | |||
| 2012-07-10 | 22 | 0 | Minute Order for proceedings held before Judge Cecilia M. Altonaga: Telephone Conference held on 7/10/2012 Court Reporter: Francine Salopek, 305-523-5568/Francine_Salopek@flsd.uscourts.gov (msa) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/10/2012) | |||
| 2012-07-10 | 23 | 0 | Order Administratively Closing Case. Signed by Judge Cecilia M. Altonaga on 7/10/2012. (ps1) [Transferred from Florida Southern on 10/5/2012.] (Entered: 07/10/2012) | |||
| 2012-08-09 | 24 | 0 | TRANSCRIPT of Telephonic Status Conference held on 7-10-12 before Judge Cecilia M. Altonaga, 1-13 pages, Court Reporter: Francine Salopek, 305-523-5568/Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Francine Salopek or PACER. Redaction Request due 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012. (fs) [Transferred from Florida Southern on 10/5/2012.] (Entered: 08/09/2012) | |||
| 2012-09-10 | 25 | 0 | STATUS REPORT Joint by David Foust, Frito-Lay North America, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 09/10/2012) | |||
| 2012-09-12 | 26 | 0 | SUPPLEMENT to 25 Status Report by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 09/12/2012) | |||
| 2012-09-14 | 27 | 0 | Notice of Pendency of Other Action by Frito-Lay North America, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 09/14/2012) | |||
| 2012-09-21 | 28 | 0 | REPLY to Response to Motion re 3 Defendant's MOTION to Change Venue Motion to Transfer this Action to the Eastern District of New York and Incorporated Memorandum of Law in Support filed by Frito-Lay North America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lennox, Casey) [Transferred from Florida Southern on 10/5/2012.] (Entered: 09/21/2012) | |||
| 2012-10-05 | 29 | 0 | ORDER; re 3 Defendant's Motion to Transfer; The Clerk is directed to transfer this action to the Eastern District of New York for all further proceedings. The Clerk is further requested to mark this case as closed. Signed by Judge Cecilia M. Altonaga on 10/4/2012. (ral) [Transferred from Florida Southern on 10/5/2012.] (Entered: 10/05/2012) | |||
| 2012-10-05 | 30 | 0 | Case transferred in from District of Florida Southern; Case Number 1:12-cv-21975. Original file certified copy of transfer order and docket sheet received. (Entered: 10/05/2012) | |||
| 2012-10-05 | 31 | 0 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/05/2012) | |||
| 2013-01-11 | 32 | 0 | NOTICE by Frito-Lay North America, Inc., Julie Gengo, Valarie Zuro, Dennis Patrick, Kelli Altman, Frito-Lay North America, Inc., Kelli Altman, Steve Berkowitz, FRITO-LAY NORTH AMERICA, INC. ALL NATURAL LITIGATION, Kimberly Fleishman, David Foust, Dennis Patrick, Pepsico Inc, William Roman, Alyssa Schwartz, Chris Shake, Valarie Zuro, Steve Berkowitz, Frito-Lay North America, Inc., Frito Lay North America Inc, Julie Gengo, Pepsico, Inc., Chris Shake, David Foust, Frito-Lay North America, Inc., Alyssa Schwartz, Frito-Lay of North America, Inc Joint Request And [Proposed] Case Management Order Associated Cases: 1:12-md-02413-RRM-RLM et al. (Tadler, Ariana) (Entered: 01/11/2013) | |||
| 2013-01-11 | 33 | 0 | NOTICE by All Plaintiffs re (19 in 1:12-cv-00854-RRM-RLM, 3 in 1:12-md-02413-RRM-RLM, 14 in 1:13-cv-00147-RRM-RLM, 24 in 1:12-cv-00885-RRM-RLM, 6 in 1:12-cv-06279-RRM-RLM, 28 in 1:12-cv-00408-RRM-RLM, 15 in 1:12-cv-06107-RRM-RLM, 5 in 1:12-cv-06281-RRM-RLM, 32 in 1:12-cv-05017-RRM-RLM, 21 in 1:12-cv-06106-RRM-RLM, 14 in 1:12-cv-06105-RRM-RLM, 32 in 1:12-cv-04638-RRM-RLM) Notice(Other),, Plaintiffs' Statement In Support Of Joint Request And [Proposed] Case Management Order Associated Cases: 1:12-md-02413-RRM-RLM et al. (Tadler, Ariana) (Entered: 01/11/2013) | |||
| 2013-04-23 | 34 | 0 | ORDER in case 1:12-MD-2413-RRM-RLM; granting (14) the request for an extension of the deadline for serving initial disclosures is extendfed until May 7, 2013. The Motion to Appear by Telephone at the April 30th initial conference is conditionally granted (see attached order). Ordered by Magistrate Judge Roanne L. Mann on 4/23/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Maynard, Pat) (Entered: 04/23/2013) | |||
| 2013-04-26 | 35 | 0 | REPORT of Rule 26(f) Planning Meeting (Attachments: # 1 Exhibit (INITIAL CONFERENCE QUESTIONNAIRE)) Associated Cases: 1:12-md-02413-RRM-RLM et al. (Reese, Michael) (Entered: 04/26/2013) | |||
| 2013-05-02 | 36 | 0 | ORDER re (20 in 1:12-md-02413-RRM-RLM) Proposed Scheduling Order filed by Pepsico Inc, Frito-Lay North America, Inc. SO-ORDERED. Ordered by Magistrate Judge Roanne L. Mann on 5/2/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Maynard, Pat) (Entered: 05/02/2013) | |||
| 2013-05-06 | 37 | 0 | TRANSCRIPT of Proceedings held on April 30, 2013, before Judge Mann. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2013. Redacted Transcript Deadline set for 6/6/2013. Release of Transcript Restriction set for 8/5/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Rocco, Christine) (Entered: 05/06/2013) | |||
| 2013-08-29 | 38 | 0 | MEMORANDUM AND ORDER in case 1:12-cv-00408-RRM-RLM; granting in part and denying in part (23) Motion to Dismiss in case 1:12-md-02413-RRM-RLM: For the reasons stated in the attached Memorandum and Order, defendants' motion to take judicial notice of certain documents is granted, and their motion to dismiss is granted in part and denied in part as follows: 1) All claims against defendant PepsiCo are dismissed without prejudice; 2) The Magnuson-Moss Warranty Act claim (Count I) is dismissed with prejudice; 3) The New York General Business Law claims (Counts II and III) are dismissed with prejudice only as to non-New York plaintiffs; 4) The New York warranty claim (Count VIII) is dismissed with prejudice only as to non-New York plaintiffs. This claim is otherwise dismissed without prejudice; 5) The Florida warranty claim (Count X) is dismissed without prejudice; 6) The New York intentional misrepresentation claim (Count XI) is dismissed with prejudice only as to non-New York plaintiffs. This claim is otherwise dismissed without prejudice; 7) The California and Florida intentional misrepresentation claims (Counts XII and XIII) are dismissed without prejudice; 8) To the extent the Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and Florida Deceptive and Unfair Trade Practices Act claims (Counts IV, V, VI, and VII) are predicated on "All Natural" representations appearing anywhere other than on the products' packaging, the claims are dismissed without prejudice; and 9) All other claims shall proceed consistent with this Memorandum and Order. Plaintiffs' request to amend is denied without prejudice to renew consistent with this Memorandum and Order. Discovery shall proceed pursuant to the Case Management Order under the supervision of the assigned magistrate judge. Ordered by Judge Roslynn R. Mauskopf on 8/29/2013. Associated Cases: 1:12-md-02413-RRM-RLM et al. (Mauskopf, Roslynn) (Entered: 08/29/2013) |