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Mr Hansmeier Goes to New York

Mr Hansmeier Goes to New York

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Published by simality
Bored with shaking down people accused of copyright infringement, Paul Hansmeier goes to the Big Apple to seek new litigation.

Guest Starring Allan Mooney
Bored with shaking down people accused of copyright infringement, Paul Hansmeier goes to the Big Apple to seek new litigation.

Guest Starring Allan Mooney

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Categories:Types, Business/Law
Published by: simality on Aug 10, 2013
Copyright:Attribution Non-commercial

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08/11/2013

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Eastern District of New York ‐ Live Database Version 5.1.

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https://ecf.nyed.uscourts.gov/cgi‐bin/DktRpt.pl?60960987307601‐L_1_0‐1

MDL2413

U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:13‐cv‐04471‐RRM‐RLM

Mooney v. Frito‐Lay, Inc. et al Assigned to: Judge Roslynn R. Mauskopf Referred to: Magistrate Judge Roanne L. Mann Demand: $75,000 Lead case: 1:12‐md‐02413‐RRM‐RLM Member case: (View Member Case) Case in other court: Minnesota, 0:13‐cv‐00648 Cause: 28:1441 Petition for Removal‐ Fraud Plaintiff Allan Mooney

Date Filed: 08/08/2013 Jury Demand: Both Nature of Suit: 370 Fraud or Truth‐In‐Lending Jurisdiction: Diversity

represented by Paul R Hansmeier Class Action Justice Institute LLC 40 S 7th St. Suite 212‐313 Minneapolis, MN 55402 612‐234‐5744 Email: mail@classjustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Frito‐Lay, Inc. represented by Benjamin E Gurstelle Briggs & Morgan, PA 80 S 8th St Ste 2200 Mpls, MN 55402 612‐977‐8400 Email: bgurstelle@briggs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Troy J Hutchinson Briggs & Morgan, PA 80 S 8th St Ste 2200 Mpls, MN 55402 612‐977‐8415 Fax: 612‐977‐8650 Email: thutchinson@briggs.com ATTORNEY TO BE NOTICED Defendant Pepsico 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

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https://ecf.nyed.uscourts.gov/cgi‐bin/DktRpt.pl?60960987307601‐L_1_0‐1

Date Filed 03/21/2013

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Docket Text NOTICE 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: # 1 Summons and Complaint Ex A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Notice of Filing of Notice of Removal, # 5 Civil Cover Sheet) (Hutchinson, Troy) Modified text on 3/21/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013) RULE 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) TEXT‐ONLY ENTRY. CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per 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) TEXT ONLY ENTRY: Notice re: Non‐Admitted Attorney We have received documents listing Andrew S. Tulumello; Jason R. Meltzer as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e). For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (lmb) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013)

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AFFIDAVIT of Service by Frito‐Lay, Inc., PepsiCo, Inc. re 1 Notice of Removal, (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013) MOTION for Extension of Time to File Answer by Frito‐Lay, Inc., PepsiCo, Inc.. (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/25/2013) NOTICE OF HEARING ON MOTION 6 MOTION 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) MEMORANDUM in Support re 6 MOTION for Extension of Time to File Answer filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/25/2013) Declaration of Troy J. Hutchinson in Support of 8 Memorandum in Support of Motion filed by Frito‐Lay, Inc., PepsiCo, Inc.. (Attachments: # 1 Exhibit(s) 1)(Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/25/2013) MEET and CONFER STATEMENT re 6 Motion 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) RESPONSE in Opposition re 6 MOTION for Extension of Time to File Answer filed by Allan Mooney. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/26/2013) NOTICE of Conditional Transfer Order; In Support re 6 MOTION 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 on 8/8/2013.] (Entered: 03/29/2013) ORDER: The April 9, 2013, hearing on Defendants' Motion for an Extension of Time to Respond to Plaintiff's Complaint (ECF No. 6) is CANCELED, and the motion is deferred pending the JPML's decision to transfer this case to 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 from Minnesota on 8/8/2013.] (Entered: 04/04/2013) MOTION to Remand to State Court by Allan Mooney. (Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/04/2013)

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NOTICE OF HEARING ON MOTION 14 MOTION 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 on 8/8/2013.] (Entered: 04/04/2013) MEMORANDUM in Support re 14 MOTION 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) MEET and CONFER STATEMENT re 14 Motion to Remand to State Court filed by Allan Mooney. (Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/04/2013) CERTIFICATE OF SERVICE ON PROPOSED ORDER by Allan Mooney re 14 MOTION to Remand to State Court; CERTIFICATE OF SERVICE re 14 MOTION to Remand to State Court, 15 NOTICE OF HEARING ON MOTION, 16 MEMORANDUM in Support, 17 MEET and CONFER STATEMENT. (Hansmeier, Paul) Modified text, links on 4/4/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 04/04/2013) NOTICE OF FILING OF OPPOSITION TO CONDITIONAL TRANSFER ORDER, AND RESPONSE TO DEFENDANTS' NOTICE OF CONDITIONAL TRANSFER ORDER by Allan Mooney re 12 Notice (Other). (Hansmeier, Paul) Modified text on 4/8/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 04/08/2013) MOTION 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) NOTICE OF HEARING ON MOTION 20 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Remand : at date and time to be determined. (Hutchinson, Troy) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/10/2013) MEMORANDUM in Support re 20 MOTION TO DEFER PLAINTIFF'S MOTION TO REMAND PENDING THE JPML'S TRANSFER DECISION filed by Frito‐Lay, Inc., PepsiCo, Inc. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate). (Hutchinson, Troy) Modified text on 4/11/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 04/10/2013) MEET and CONFER STATEMENT re 20 Motion 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) ORDER GRANTING DEFENDANTS' MOTION TO DEFER PLAINTIFF'S MOTION TO REMAND PENDING THE JPML'S TRANSFER DECISION. 1. Defendants' Motion to Defer Plaintiff's Motion to Remand Pending the JPMLS Transfer Decision (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 Multidistrict Litigation's decision to transfer this case to the Eastern District of New York as part of the multidistrict litigation captioned In Re: Frito‐Lay North America, Inc., All Natural Litigation, No. 12‐MD‐2413‐RMM‐RLM (E.D.N.Y.). 4. The deadline for Defendants Frito‐Lay North America, Inc. and PepsiCo, Inc. to file an opposition to the motion to remand is similarly deferred. Signed by Judge Donovan W. Frank on 4/16/2013. (BJS) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/16/2013) LETTER TO DISTRICT JUDGE by Allan Mooney regarding April 16, 2013 Order Deferring Motion for Remand. (Attachments: # 1 Plaintiff'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) NOTICE by Allan Mooney of Filing of Motion to Vacate Conditional Transfer Order (Attachments: # 1 Exhibit(s) 1, motion papers filed before JPML)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/22/2013) ORDER re 25 Letter 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 considered Plaintiff's Response Memorandum of Law in Opposition to Defendant's Motion to Defer Plaintiff's Motion to Remand Pending the JPML's Transfer Decision (Doc. No. 25‐1) attached thereto. The Court concludes that, with or without Plaintiff's response, the Court's decision on the motion to defer would remain the same. Plaintiff's Request for Reconsideration (Doc. No. 25) is therefore DENIED.. Signed by Judge Donovan W. Frank on 4/22/2013. (BJS) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/22/2013)

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TRANSFER ORDER, transferring case to the Eastern District of New York per MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Roslynn R. Mauskopf. (akl) [Transferred from Minnesota on 8/8/2013.] (Entered: 08/08/2013) Case transferred in from District of Minnesota; Case Number 0:13‐cv‐00648. Original file certified copy of transfer order and docket sheet received. (Entered: 08/08/2013) ORDER re (21 in 1:12‐md‐02413‐RRM‐RLM) Order. The parties to the latter two above‐captioned cases, which are now part of the MDL action pending in this District, In re Frito‐Lay North America, Inc., All Natural Litigation, are directed to comply with all orders entered in that case, including but not limited to this Court's Case Management Order of May 1, 2013,setting discovery schedule. Ordered by Magistrate Judge Roanne L. Mann on 8/9/2013. (Maynard, Pat) (Entered: 08/09/2013)

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PACER Service Center
Transaction Receipt
08/09/2013 23:50:38 PACER Login: Description: Billable Pages: kc3166 Docket Report 4 Client Code: Search Criteria: Cost: 1:13‐cv‐04471‐RRM‐RLM 0.40

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