Friday, October 30, 2009
Wednesday, October 28, 2009
pepsi
What's the cost of not showing up to court? For PepsiCo Inc., it's a $1.26 billion default judgment. A Wisconsin state court socked the company with the monster award in a case alleging that PepsiCo stole the idea to bottle and sell purified water from two Wisconsin men.
Now the company is scrambling to salvage the situation. The damages award was handed down on Sept. 30. PepsiCo filed motions to vacate the order and dismiss the claims on Oct. 13, saying it wasn't even aware of the lawsuit until Oct. 6.
The litigation began in April when Charles Joyce and James Voigt sued the soft drink maker and two of its distributors, alleging they had misappropriated trade secrets from confidential discussions the plaintiffs had with the distributors in 1981 about selling purified water. The information was illicitly passed to PepsiCo, which used it to develop and sell Aquafina bottled water, the plaintiffs allege in the case filed in the Circuit Court of Jefferson County before Judge Jacqueline Erwin.
In court documents, PepsiCo argues it was improperly served with the Wisconsin lawsuit in North Carolina, but also asks the court to excuse the corporate bureaucracy that buried a legal document for weeks. While plaintiffs say they served the lawsuit in June on PepsiCo's registered agent in North Carolina, where the company is incorporated, PepsiCo says its law department at the company's Purchase, N.Y.-based headquarters was not notified until September.
"The bottom line is there was a defect in the process for us, but also for" the plaintiffs, said PepsiCo spokesman Joe Jacuzzi, who called the case "highly dubious."
Robert Roth, a lawyer for PepsiCo at Menomonee, Wis.-based Niebler, Pyzyk, Roth & Carrig, couldn't be reached for comment. Another lawyer for PepsiCo, Dean Panos, a partner at Chicago-based Jenner & Block, declined to comment.
In court papers, PepsiCo claims it first received a legal document related to the case from the North Carolina agent on Sept. 15 when a copy of a co-defendant's letter was forwarded to Deputy General Counsel Tom Tamoney in PepsiCo's law department. Tamoney's secretary, Kathy Henry, put the letter aside and didn't tell anyone about it because she was "so busy preparing for a board meeting," PepsiCo said in its Oct. 13 motion to vacate.
When Henry received a forwarded copy of the plaintiff's motion for default judgment on Oct. 5, she sent that to Yvonne Mazza, a legal assistant for Aquafina matters. Remembering that she still had the other document, Henry passed it to Mazza too. The next day Mazza sent the documents to David Wexler, a department attorney, and he "immediately" called the agent to get a copy of the complaint.
Lawyers for PepsiCo distributors Wis-Pak Inc. and Carolina Canners Inc. made court appearances in June and July. PepsiCo was at a loss to explain why it hadn't heard about the case from them. "It's just another unfortunate thing that didn't come together," Jacuzzi said.
In seeking to dismiss the case, PepsiCo argues that the statute of limitations should preclude the lawsuit, brought 15 years after the company started selling Aquafina and more than two decades after the alleged confidential talks. Moreover, "the $1.26 billion judgment that has been entered is unprecedented in size and justice requires that PepsiCo have a chance to defend itself," the company said.
The lead plaintiffs lawyer, David Van Dyke of Chicago-based Cassiday Schade, said Wisconsin courts have been "pretty clear that they don't like" vacating default judgments. "There is a possibly that a judge may say we're going to litigate the damages aspect of it," Van Dyke said.
A hearing is scheduled for Nov. 6.
Tuesday, October 27, 2009
Monday, October 26, 2009
Tucker's Party
Sunday, October 25, 2009
CAT scan update on Kerri
Latest on Kerri
It's a pretty tense day today. For the last 2 days, Kerri's O2 sats have been going down at various times, with no really good explanation. It takes a long time for her levels to resolve and it makes for a pretty tense situation, especially when you're already feeling so helpless. So, today, they have done a bonchoscopy on her to check for possible secondary infections, though the results were normal. The doctor states that the lungs look good. At 1:30, they are taking her down for a CAT scan to look for possible blood clots in the lungs. Apparently, this is a common finding in patients with H1N1. Actually, they just rolled her down, vent, IV poles, bed, and all. The scan should only take about 5 minutes and then we will just have to wait for the radiologist to read the films. We will update when we have more answers. PLEASE, PLEASE continue to pray. We are all pretty emotional today. Love to everyone. Love, Dana
Saturday, October 24, 2009
Friday, October 23, 2009
galleria nov 10
November 6 – Hollywood & Highland Center (Los Angeles, CA) *
November 8 – Park Meadows (Denver, CO)
November 9 – Natick Collection (Boston, MA) *
November 9 –Mall Location TBD – Check hottopic.com for update (Chicago, IL) *
November 9 – Fair Oaks Mall (Washington, DC)
November 10 – Houston Galleria (Houston, TX)
November 11 – Mall of America (Minneapolis, MN) *
November 11 – Cherry Hill Mall (Philadelphia, PA) *
November 11 – Stonestown Galleria (San Francisco, CA)
November 12 – Mall of Georgia (Atlanta, GA)
November 12 – Westfield Southcenter (Seattle, WA) *
November 13 – Dadeland Mall (Miami, FL)
November 13 – Scottsdale Fashion Square (Phoenix, AZ)
November 14 – Fashion Place (Salt Lake City, UT) *
November 19 - Times Square (New York, NY)
*Denotes a performance by a band featured on THE TWILIGHT SAGA: NEW MOON soundtrack.
info on kerri
Tucker's party
Thursday, October 22, 2009
caring bridge page for Kerri
Wednesday, October 21, 2009
Kerri update!
Here's a cut and paste from the facebook update page today:
Good Morning. The doctor told us that the fine line that we are walking with Kerri's case, we are no longer walking so there is some breathing room. That being said, she is still in critical condition, he says. They have lowered the amount of oxygen they are giving her via the vent to 55%. Her oxygen saturation levels are remaining in the mid to upper 90's. They have stopped the major antibiotic they were giving her for the septic shock, as her labs have been in an acceptable range. They have decreased her sedation levels somewhat, so at times if you say her name, her eyelids flutter. We were told to watch her to make sure that her hands don't move, because they do not want her pulling at her tubes. They attempted to feed her, but she is not tolerating that at this point, though they did hear some bowel sounds. My brother-in-law, David, was just in the room with her when they were suctioning out her mouth and he said that she did not seem to enjoy that becacuse her brain wave monitor went pretty high. We are glad to know that Kerri's fighting spirit is still in there. All in all, more good news for today. Again, thanks to everyone for your continued support. Also, we have received all the personal emails, texts, and voice messages and hope that everyone understands that we cannot possibly respond to each and every one, so we are trying to do our best to update everyone here. Thanks so much for the continuous prayers and support you are all sending our way. We love you all. Love, Dana and Jenny
snapshots from sea world

Tuesday, October 20, 2009
Updates on Kerri
This is Dana.....I wanted to be responsible for at least 1 update. We are all very encouraged today. The doctor says that Kerri's condition is finally trending upward. He says that she is much improved since Saturday, and even yesterday. They just took her off of the oscillator and put her on a conventional ventilator. This is a huge step. Her sats went down to the mid 80's for a short time and then went back up to the mid 90's. She has a low temperature as a result of the septic shock. The doctor said that is to be expected. They plan to slowly start feeding her thru her oral gastric tube. Her swelling has gone down. The doctor made a joke and said that Kerri was "aesthetically damaged". We all cracked up and were relieved that he felt that the situation had improved enough to make a joke. He said that, in no way is Kerri out of the woods. She is still sick enough to be in the ICU and that she still has a very long road ahead of her. Adrian's mom finally arrived from Dubai last night, so we are very relieved that she made it. We cannot tell all of you how much everyone's support, prayers, calls, and emails have meant to our entire family. We have no doubt at all that it is because of the awesome power of prayer that Kerri is alive and thriving. Please continue to pray. As far as visitors go, while we appreciate all of the offers we cannot allow anyone other than our family to come at this time. She is still in very critical condition and we will re-explore visitation possibly when she moves out of the ICU. In the meantime, if you want to send a card to Kerri, she is at Good Samaritan Hospital in Lafayette, CO. She is in ICU room #9. To pass the time, Jenny, our Aunt Jeanie, and I are making a book for Kerri filled with, not only all of the medical details from day to day, but also funny little things that happen while we are all sitting here at the hospital. We will include all of your emails, cards, and words of encouragement in this book as well. Our hope is that, once Kerri is finally ready, she will want to know what has happened during this entire "ordeal". If nothing else, it is therapy for all of us. Again, thank you so much for the support and love being sent our way. We love all of you and are blessed to have you all in our lives. Love, Dana and Jenny.
I just want to take a moment to thank everyone for your prayers and good wishes for Kerri a d Adrian and our families. We want to give God the glory for Kerri's progress and we know it is by His grace that she has come this far. It is with th...e help of all of your prayers and love that we can go on and stay strong for Kerri and Adrian. So thank you all, and please continue to remember us all in your prayers. Judy Drenth
Pics of Kerri

Monday, October 19, 2009
flu shots and h1n1 shots
Miley Cyrus Concert

Kerri Drenth Peech Update - Please keep the prayers coming!!!
Here are some specific things you can pray for:
1. That Kerri would continue to fight. That her body would stay strong and that we'd continue to see progress, big or small.
2. Protect that little baby. That the baby would continue to grow and stay healthy.
3. Pray for Adrian, Kerri's husband. He is not resting at all! He needs to stay healthy and strong. 4. Keep all of us around Kerri healthy. We're wearing masks and washing our hands like crazy. But we need to remain healthy to support Kerri and Adrian.
5. Pray that Hadley, Kerri and Adrian's 2 year old daughter, doesn't feel neglected during this time. Again, thank you to all of you who are praying! We feel your support and encouragment.
If you have a facebook account, I am putting all updates there. You can add me as a friend (Jenny Drenth Coleman) if you want to go check out the updates. Someone wrote this on my facebook page and I thought it was so awesome: "Glad prayers are like Facebook... God gets them as soon as we hit the 'share' button! Imagine the 'in box' up there today... I think it will be full on Kerri's behalf!" So, keep 'em coming!
Thanks, Jenny
P.S. On a side note, if you don't believe that H1N1 is real or that you don't need to be concerned about it, I urge you to think again. In the ICU where Kerri is, all but 2 patients have H1N1. The majority of these patients are young women. The medical staff has been beside themselves trying to tackle this virus that is affecting so many people.

Sunday, October 18, 2009
Kerri - prayer please!!
Saturday, October 17, 2009
Hotel
our kids! And everyone in the lobby knows tucker's name.
Urgent prayer request
Sent from my iPhone
Friday, October 16, 2009
Thursday, October 15, 2009
Concert
it all out from my computer instead of phone. Shelby and I had a lot
of fun. I have to say Miley is going through the transformation like
Britney Spears did at this age. Lots of non Disney style dancing.
Definitly NOT a Hannah Montana show. But overall it was awesome.
Sent from my iPhone
san antonio
Wednesday, October 14, 2009
Tuesday, October 13, 2009
Cake for Tucker?
Monday, October 12, 2009
Sunday, October 11, 2009
Saturday, October 10, 2009
halloween treats
Tucker's class will be having a halloween party so I found these super cute halloween snow globes at walgreens and the halloween themed takeout boxes.
app on my phone
Friday, October 9, 2009
No more binky
Thursday, October 8, 2009
Bright vs. Gifted

Check out these dogs!


Soccer Game
This is Tucker getting hyped up on Lonnie's Dr. Pepper.





October 2008











