Eastern District of New York Live Database Version 5.1.

https://ecf.nyed.uscourts.gov/cgibin/DktRpt.pl?60960987307601L_1_01

MDL2413

U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:13cv04471RRMRLM

Mooney v. FritoLay, Inc. et al Assigned to: Judge Roslynn R. Mauskopf Referred to: Magistrate Judge Roanne L. Mann Demand: $75,000 Lead case: 1:12md02413RRMRLM Member case: (View Member Case) Case in other court: Minnesota, 0:13cv00648 Cause: 28:1441 Petition for Removal Fraud Plainti Allan Mooney

Date Filed: 08/08/2013 Jury Demand: Both Nature of Suit: 370 Fraud or TruthInLending Jurisdiction: Diversity

represented by Paul R Hansmeier Class Action Justice Institute LLC 40 S 7th St. Suite 212313 Minneapolis, MN 55402 6122345744 Email: mail@classjustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant FritoLay, Inc. represented by Benjamin E Gurstelle Briggs & Morgan, PA 80 S 8th St Ste 2200 Mpls, MN 55402 6129778400 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 6129778415 Fax: 6129778650 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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Date Filed 03/21/2013

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Docket Text NOTICE OF REMOVAL from Hennepin County District Court. ( Filing fee $ 350 receipt number 08643489747.) Filed by PepsiCo, Inc., FritoLay 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) Modied text on 3/21/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013) RULE 7.1 DISCLOSURE STATEMENT. FritoLay 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) Modied text on 3/21/2013 (lmb). [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013) TEXTONLY 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 13cv00648 (DWF/JJG). (lmb) [Transferred from Minnesota on 8/8/2013.] (Entered: 03/21/2013) TEXT ONLY ENTRY: Notice re: NonAdmitted 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 FritoLay, 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 FritoLay, 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 led by FritoLay, Inc., PepsiCo, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certicate)(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 led by FritoLay, 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 led by FritoLay, 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 led by Allan Mooney. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certicate)(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 FritoLay, Inc., PepsiCo, Inc. (Hutchinson, Troy) Modied 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 Plainti'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: FritoLay 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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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 led by Allan Mooney. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certicate)(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 led 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) Modied 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) Modied 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 FritoLay, Inc., PepsiCo, Inc. (Hutchinson, Troy) Modied 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 Plainti'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 led by FritoLay, Inc., PepsiCo, Inc. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certicate). (Hutchinson, Troy) Modied 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 led by FritoLay, 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 Plainti's Motion to Remand Pending the JPMLS Transfer Decision (Doc. No. 20 ) is GRANTED. 2. The June 14, 2013 hearing on Plainti 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: FritoLay North America, Inc., All Natural Litigation, No. 12MD2413RMMRLM (E.D.N.Y.). 4. The deadline for Defendants FritoLay North America, Inc. and PepsiCo, Inc. to le 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 Plainti's Response Memorandum of Law in Opposition to Defendants' Motion to Defer, # 2 LR7.1/LR72.2 Word Count Compliance Certicate)(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 led before JPML)(Hansmeier, Paul) [Transferred from Minnesota on 8/8/2013.] (Entered: 04/22/2013) ORDER re 25 Letter to District Judge, led by Allan Mooney. The Court has considered Plainti's Request for Reconsideration (Doc. No. 25) of the Court's April 16, 2013 Order (Doc. No. 24). The Court has also considered Plainti's Response Memorandum of Law in Opposition to Defendant's Motion to Defer Plainti's Motion to Remand Pending the JPML's Transfer Decision (Doc. No. 251) attached thereto. The Court concludes that, with or without Plainti's response, the Court's decision on the motion to defer would remain the same. Plainti'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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08/08/2013

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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 0:13cv00648. Original le certied copy of transfer order and docket sheet received. (Entered: 08/08/2013) ORDER re (21 in 1:12md02413RRMRLM) Order. The parties to the latter two abovecaptioned cases, which are now part of the MDL action pending in this District, In re FritoLay 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: 1:13cv04471RRMRLM 0.40

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