Addison v. Frito-Lay Inc

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

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