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Mr Hansmeier Goes to New York

Mr Hansmeier Goes to New York

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Published by: simality on Aug 10, 2013
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MDL2413
U.S. District CourtEastern District of New York (Brooklyn)CIVIL DOCKET FOR CASE #: 1:13‐cv‐04471‐RRM‐RLM
Mooney v. Frito‐Lay, Inc. et alAssigned to: Judge Roslynn R. Mauskopf Referred to: Magistrate Judge Roanne L. MannDemand: $75,000Lead case:1:12‐md‐02413‐RRM‐RLMMember case:(View Member Case)Case in other court: Minnesota, 0:13‐cv‐00648Cause: 28:1441 Petition for Removal‐ FraudDate Filed: 08/08/2013Jury Demand: BothNature of Suit: 370 Fraud or Truth‐In‐LendingJurisdiction: Diversity
PlaintiffAllan Mooney
represented by
Paul R Hansmeier
Class Action Justice Institute LLC40 S 7th St.Suite 212‐313Minneapolis, MN 55402612‐234‐5744Email: mail@classjustice.org
LEAD ATTORNEY  ATTORNEY TO BE NOTICED
V.
DefendantFrito‐Lay, Inc.
represented by
Benjamin E Gurstelle
Briggs & Morgan, PA80 S 8th St Ste 2200Mpls, MN 55402612‐977‐8400Email: bgurstelle@briggs.com
LEAD ATTORNEY  ATTORNEY TO BE NOTICED
Troy J Hutchinson
Briggs & Morgan, PA80 S 8th St Ste 2200Mpls, MN 55402612‐977‐8415Fax: 612‐977‐8650Email: thutchinson@briggs.com
 ATTORNEY TO BE NOTICED
DefendantPepsico Inc
represented by
Benjamin E Gurstelle
(See above for address)
LEAD ATTORNEY  ATTORNEY TO BE NOTICED
Troy J Hutchinson
(See above for address)
 ATTORNEY TO BE NOTICED
Eastern District of New York Live Database Version 5.1.1https://ecf.nyed.uscourts.gov/cgi‐bin/DktRpt.pl?60960987307601‐L_1_0‐11 of 48/9/2013 11:51 PM
 
Date Filed#Docket Text
03/21/20131NOTICE OF REMOVAL from Hennepin County District Court. ( Filing fee $ 350 receipt number 0864‐3489747.)Filed by PepsiCo, Inc., Frito‐Lay North America, Inc.no summons requested.(Attachments: #1Summons and Complaint Ex A, #2Exhibit(s) B, #3Exhibit(s) C, #4Notice of Filing of Notice of Removal, #5Civil Cover Sheet) (Hutchinson, Troy) Modified text on 3/21/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered:03/21/2013)03/21/20132RULE 7.1 DISCLOSURE STATEMENT. Frito‐Lay North America, Inc. is a wholly owned subsidiary of PepsiCo, Inc.No parent corporation, publicly held corporation, or other entity owns 10% or more of the stock of PepsiCo, Inc.(Hutchinson, Troy) Modified text on 3/21/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered:03/21/2013)03/21/20133 TEXT‐ONLY ENTRY. CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frankper Master List referred to Magistrate Judge Jeanne J. Graham. Please use case number 13‐cv‐00648 (DWF/JJG).(lmb) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013)03/21/20134 TEXT ONLY ENTRY: Notice re: NonAdmitted AttorneyWe have received documents listing
Andrew S. Tulumello; Jason R. Meltzer
as counsel of record. If he or shewishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. DistrictCourt of Minnesota in accordance withLocal Rule 83.5 (a), (b) and (c)or temporarily admitted pro hac vice inaccordance withLocal Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website athref=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (lmb) [Transferred fromMinnesota on 8/8/2013.] (Entered: 03/21/2013)03/21/20135AFFIDAVIT of Service by Frito‐Lay, Inc., PepsiCo, Inc. re1Notice of Removal, (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013)03/25/20136MOTION for Extension of Time to File Answer by Frito‐Lay, Inc., PepsiCo, Inc.. (Hutchinson, Troy) [Transferredfrom Minnesota on 8/8/2013.] (Entered: 03/25/2013)03/25/20137NOTICE OF HEARING ON MOTION6MOTION for Extension of Time to File Answer : Motion Hearing set for 4/9/2013 11:00 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham. (Hutchinson, Troy)[Transferred from Minnesota on 8/8/2013.] (Entered: 03/25/2013)03/25/20138MEMORANDUM in Support re6MOTION for Extension of Time to File Answer filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Attachments: #1LR7.1/LR72.2 Word Count Compliance Certificate)(Hutchinson, Troy) [Transferred fromMinnesota on 8/8/2013.] (Entered: 03/25/2013)03/25/20139Declaration of Troy J. Hutchinson in Support of 8Memorandum in Support of Motion filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Attachments: #1Exhibit(s) 1)(Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.](Entered: 03/25/2013)03/25/201310MEET and CONFER STATEMENT re6Motion for Extension of Time to File Answer filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/25/2013)03/26/201311RESPONSE in Opposition re6MOTION for Extension of Time to File Answer filed by Allan Mooney. (Attachments: #1LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul) [Transferred fromMinnesota on 8/8/2013.] (Entered: 03/26/2013)03/29/201312NOTICE
of Conditional Transfer Order 
; In Support re6MOTION for Extension of Time to File Answer by Frito‐Lay,Inc., PepsiCo, Inc. (Hutchinson, Troy) Modified text, link on 3/29/2013 (lmb). [Transferred from Minnesota on8/8/2013.] (Entered: 03/29/2013)04/04/201313ORDER: The April 9, 2013, hearing on Defendants' Motion for an Extension of Time to Respond to Plaintiff'sComplaint (ECF No. 6) is
CANCELED
, and the motion is deferred pending the JPML's decision to transfer this caseto the Eastern District of New York as part of the
In Re: Frito‐Lay North America, Inc., All Natural Litigation
multidistrict litigation. Signed by Magistrate Judge Jeanne J. Graham on 04/04/2013. (lmb) [Transferred fromMinnesota on 8/8/2013.] (Entered: 04/04/2013)04/04/201314MOTION to Remand to State Court by Allan Mooney. (Hansmeier, Paul) [Transferred from Minnesota on8/8/2013.] (Entered: 04/04/2013)
Eastern District of New York Live Database Version 5.1.1https://ecf.nyed.uscourts.gov/cgi‐bin/DktRpt.pl?60960987307601‐L_1_0‐12 of 48/9/2013 11:51 PM
 
04/04/201315NOTICE OF HEARING ON MOTION14MOTION to Remand to State Court : Motion Hearing set for 6/14/2013 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Hansmeier, Paul) [Transferred from Minnesota on8/8/2013.] (Entered: 04/04/2013)04/04/201316MEMORANDUM in Support re14MOTION to Remand to State Court filed by Allan Mooney. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.](Entered: 04/04/2013)04/04/201317MEET and CONFER STATEMENT re14Motion to Remand to State Court filed by Allan Mooney. (Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/04/2013)04/04/201318CERTIFICATE OF SERVICE ON PROPOSED ORDER by Allan Mooney re14MOTION to Remand to State Court; CERTIFICATE OF SERVICE re14MOTION to Remand to State Court,15NOTICE OF HEARING ON MOTION,16 MEMORANDUM in Support,17MEET and CONFER STATEMENT. (Hansmeier, Paul) Modified text, links on4/4/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 04/04/2013)04/08/201319NOTICE OF FILING OF OPPOSITION TO CONDITIONAL TRANSFER ORDER, AND RESPONSE TO DEFENDANTS'NOTICE OF CONDITIONAL TRANSFER ORDER by Allan Mooney re12Notice (Other). (Hansmeier, Paul) Modifiedtext on 4/8/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 04/08/2013)04/10/201320MOTION TO DEFER PLAINTIFF'S MOTION TO REMAND PENDING THE JPML'S TRANSFER DECISION by Frito‐Lay,Inc., PepsiCo, Inc. (Hutchinson, Troy) Modified text on 4/11/2013 (lmb). [Transferred from Minnesota on 8/8/2013.](Entered: 04/10/2013)04/10/201321NOTICE OF HEARING ON MOTION20MOTION for Extension of Time to File Response/Reply
to Plaintiff's Motionto Remand
: at date and time to be determined. (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.](Entered: 04/10/2013)04/10/201322MEMORANDUM in Support re20MOTION TO DEFER PLAINTIFF'S MOTION TO REMAND PENDING THE JPML'S TRANSFER DECISION filed by Frito‐Lay, Inc., PepsiCo, Inc. (Attachments: #1LR7.1/LR72.2 Word Count ComplianceCertificate). (Hutchinson, Troy) Modified text on 4/11/2013 (lmb). [Transferred from Minnesota on 8/8/2013.](Entered: 04/10/2013)04/10/201323MEET and CONFER STATEMENT re20Motion for Extension of Time to File Response/Reply filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/10/2013)04/16/201324ORDER GRANTING DEFENDANTS' MOTION TO DEFER PLAINTIFF'S MOTION TO REMAND PENDING THE JPML'STRANSFER DECISION. 1. Defendants' Motion to Defer Plaintiff's Motion to Remand Pending the JPMLS TransferDecision (Doc. No.20) is GRANTED. 2. The June 14, 2013 hearing on Plaintiff Allan Mooney's motion to remand(Doc. No.14) is CANCELED. 3. The motion to remand is deferred pending the Judicial Panel on MultidistrictLitigation's decision to transfer this case to the Eastern District of New York as part of the multidistrict litigationcaptioned In Re: Frito‐Lay North America, Inc., All Natural Litigation, No. 12‐MD‐2413‐RMM‐RLM (E.D.N.Y.). 4. Thedeadline for Defendants Frito‐Lay North America, Inc. and PepsiCo, Inc. to file an opposition to the motion toremand is similarly deferred. Signed by Judge Donovan W. Frank on 4/16/2013. (BJS) [Transferred fromMinnesota on 8/8/2013.] (Entered: 04/16/2013)04/16/201325LETTER TO DISTRICT JUDGE by Allan Mooney
regarding April 16, 2013 Order Deferring Motion for Remand
.(Attachments: #1Plaintiff's Response Memorandum of Law in Opposition to Defendants' Motion to Defer, #2 LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.](Entered: 04/16/2013)04/22/201326NOTICE by Allan Mooney
of Filing of Motion to Vacate Conditional Transfer Order 
(Attachments: #1Exhibit(s) 1,motion papers filed before JPML)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered:04/22/2013)04/22/201327ORDER re25Letter to District Judge, filed by Allan Mooney. The Court has considered Plaintiff's Request for Reconsideration (Doc. No. 25) of the Court's April 16, 2013 Order (Doc. No. 24). The Court has also consideredPlaintiff's Response Memorandum of Law in Opposition to Defendant's Motion to Defer Plaintiff's Motion toRemand Pending the JPML's Transfer Decision (Doc. No. 25‐1) attached thereto. The Court concludes that, withor without Plaintiff's response, the Court's decision on the motion to defer would remain the same. Plaintiff'sRequest for Reconsideration (Doc. No. 25) is therefore DENIED.. Signed by Judge Donovan W. Frank on4/22/2013. (BJS) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/22/2013)
Eastern District of New York Live Database Version 5.1.1https://ecf.nyed.uscourts.gov/cgi‐bin/DktRpt.pl?60960987307601‐L_1_0‐1of 48/9/2013 11:51 PM

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