Addison v. Frito-Lay Inc

E.D. Arkansas

Addison v. Frito-Lay Inc

DecidedAugust 18, 2023

Docket3:22-cv-00314

StatusUnknown

This text of Addison v. Frito-Lay Inc (Addison v. Frito-Lay Inc) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Addison v. Frito-Lay Inc, (E.D. Ark. 2023).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JAMES ADDISON, individually and on behalf of all others similarly situated PLAINTIFF

v. No. 3:22-cv-314-DPM

FRITO-LAY INC. DEFENDANT

ORDER Frito-Lay’s motion, Doc. 5, is granted based on the first-to-file rule with a hedge. Orthmann v. Apple River Campground, Inc., 765 F.2d 119, 121 (8th Cir. 1985). Addison’s claims are embraced by the Court-approved settlement in Stevens v. PepsiCo, Inc., Case No. 7:22-cv-802-NSR (S.D.N.Y.). Addison did not opt out of the national class in that case. Doc. 79 in Stevens at 7. It is unclear, though, whether he consented to participate in the FLSA collective or released his FLSA claims pursuant to the settlement agreement by cashing his check. Doc. 57-1 in Stevens at 15-16. Joint report on that loose end due by 25 August 2023. The Court will withhold entry of its planned Judgment dismissing this case without prejudice until it has received the joint report. So Ordered.

ar sho Ll, A D.P. Marshall Jr. United States District Judge 18 August 2023

_2-

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JAMES ADDISON, individually and on behalf of all others similarly situated PLAINTIFF

v. No. 3:22-cv-314-DPM

FRITO-LAY INC. DEFENDANT

ORDER Frito-Lay’s motion, Doc. 5, is granted based on the first-to-file rule with a hedge. Orthmann v. Apple River Campground, Inc., 765 F.2d 119, 121 (8th Cir. 1985). Addison’s claims are embraced by the Court-approved settlement in Stevens v. PepsiCo, Inc., Case No. 7:22-cv-802-NSR (S.D.N.Y.). Addison did not opt out of the national class in that case. Doc. 79 in Stevens at 7. It is unclear, though, whether he consented to participate in the FLSA collective or released his FLSA claims pursuant to the settlement agreement by cashing his check. Doc. 57-1 in Stevens at 15-16. Joint report on that loose end due by 25 August 2023. The Court will withhold entry of its planned Judgment dismissing this case without prejudice until it has received the joint report. So Ordered.

ar sho Ll, A D.P. Marshall Jr. United States District Judge 18 August 2023

_2-

Cite This Page — Counsel Stack

Bluebook (online)

Addison v. Frito-Lay Inc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addison-v-frito-lay-inc-ared-2023.

Opinion

Related

Cite This Page — Counsel Stack