FDIC v. Constructora Japimel, Inc., et al
| MAPFRE, Praico Insurance Company of Puerto Rico |
| ECHANDI GUZMAN & ASSOCIATES, INC., Echandi, Inc., ACE INSURANCE CO. and EFRAIN ECHANDI-OTERO |
| CONSTRUCTORA JAPIMEL, INC. |
| FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Doral Bank |
| 19-1845 |
| September 6, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Federal Deposit Insurance Co. v. Constructora Japimel, Inc.
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Docket Report
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| Document Text |
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| TAXATION of costs issued in favor of Appellant FDIC in the amount of $283.50. [19-1845] (GB) [Entered: 01/15/2021 01:07 PM] |
| MANDATE issued. [19-1845] (GB) [Entered: 01/15/2021 06:38 AM] |
| BILL of costs filed by Appellant FDIC. Certificate of service dated 12/09/2020. [19-1845] (DS) [Entered: 12/09/2020 03:49 PM] |
| JUDGMENT entered. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's decision is reversed, and the matter is remanded for further proceedings consistent with the opinion issued this day. Costs are awarded to the Federal Deposit Insurance Corporation. [19-1845] (GB) [Entered: 11/24/2020 02:51 PM] |
| OPINION issued by Sandra L. Lynch, Appellate Judge; Bruce M. Selya, Appellate Judge and Kermit V. Lipez, Appellate Judge. Published. [19-1845] (GB) [Entered: 11/24/2020 02:45 PM] |
| CASE argued. Panel: Sandra L. Lynch, Appellate Judge; Bruce M. Selya, Appellate Judge and Kermit V. Lipez, Appellate Judge. Arguing attorneys: Duncan Stevens for FDIC and Manuel Sosa-Baez for Constructora Japimel, Inc.. [19-1845] (DJT) [Entered: 10/28/2020 02:14 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Luis Gabriel Martinez-Llorens for Appellees Echandi Guzman & Associates, Inc. and Efrain Echandi-Otero. Certificate of service dated 09/22/2020. [19-1845] (LGM) [Entered: 09/22/2020 01:48 PM] |
| APPENDIX filed by Appellant FDIC. Certificate of service dated 09/18/2020. [19-1845] (LIM) [Entered: 09/18/2020 08:30 AM] |
| APPENDIX tendered by Appellant FDIC. Certificate of service dated 09/18/2020. [19-1845] (DS) [Entered: 09/18/2020 07:55 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Duncan Stevens for Appellant FDIC. Certificate of service dated 09/17/2020. [19-1845] (DS) [Entered: 09/17/2020 08:31 AM] |
ORDER entered: Inasmuch as this case has been calendared for the Court's October 28, 2020 sitting, the parties are hereby ordered to refile electronically any previously filed appendix, or supplemental appendix, filed in paper before the Court's April 20, 2020 order requiring appendices to be filed electronically and in paper. The parties' electronically filed appendices are due by September 23, 2020 . [19-1845] (MNH) [Entered: 09/16/2020 11:20 AM]
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| DESIGNATION of attorney presenting oral argument filed by Attorney Manuel Sosa-Baez for Appellee Constructora Japimel, Inc.. Certificate of service dated 09/16/2020. [19-1845] (MS) [Entered: 09/16/2020 04:31 PM] |
| CASE calendared:Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Wednesday, October 28, 2020 at 9:30 a.m., in lieu of in-person appearance. There will be no continuance except for grave cause. Designation form due 09/22/2020. CLERK'S EDIT: Edited to correct that the location information. This case will be argued by remote video conference. See attached notice for details. --[Edited 09/16/2020 by DJT][19-1845] (DJT) [Entered: 09/15/2020 05:08 PM] |
| NINE (9) paper copies of reply brief [ # 6344688-2 ] submitted by Appellant FDIC. [19-1845] (ATC) [Entered: 06/17/2020 01:13 PM] |
| BRIEF tendered by Appellant FDIC. [19-1845] (DS) [Entered: 06/09/2020 04:19 PM] |
| REPLY BRIEF filed by Appellant FDIC. Certificate of service dated 06/09/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/23/2020 . [19-1845] (LIM) [Entered: 06/09/2020 04:37 PM] |
| DISCLOSURE statement filed by Appellant FDIC. Certificate of service dated 06/09/2020. [19-1845] (LIM) [Entered: 06/09/2020 04:37 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6339917-2 ] submitted by Appellee Constructora Japimel, Inc. [19-1845] (ATC) [Entered: 05/26/2020 09:23 AM] |
| BRIEF tendered by Appellee Constructora Japimel, Inc.. [19-1845] (MS) [Entered: 05/19/2020 10:21 AM] |
| APPELLEE'S BRIEF filed by Appellee Constructora Japimel, Inc. Certificate of service dated 05/19/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/02/2020 . Reply brief due 06/09/2020 for APPELLANT Federal Deposit Insurance Corporation. [19-1845] (LIM) [Entered: 05/19/2020 03:12 PM] |
| CERTIFICATE of service for electronically filed brief [ # 6339776-2 ] filed by Appellee Constructora Japimel, Inc.. Certificate of service dated 05/19/2020. [19-1845] (MS) [Entered: 05/19/2020 03:02 PM] |
| DISCLOSURE statement filed by Appellee Constructora Japimel, Inc. Certificate of service dated 05/19/2020. [19-1845] (LIM) [Entered: 09/02/2020 12:40 PM] |
|
ORDER entered: The brief filed by appellee Constructora Japimel, Inc. on May 13, 2020 is not in compliance. Appellee Constructora Japimel, Inc. is ordered to file a conforming brief by May 26, 2020 . The corrected brief must be served on all parties to the appeal, and the certificate of service must be updated to include the new date of service. The due date for appellant's reply brief shall run from service of the corrected brief, in accordance with Fed. R. App. P. 31. [19-1845] (GB) [Entered: 05/18/2020 04:54 PM]
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| BRIEF tendered by Appellee Constructora Japimel, Inc.. [19-1845] (MS) [Entered: 05/13/2020 10:16 AM] |
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ORDER entered. As Appellees ACE Insurance Co., Echandi Guzman & Associates, Inc., Efrain Echandi-Otero and MAPFRE have failed to file a brief, appellees ACE Insurance Co., Echandi Guzman & Associates, Inc., Efrain Echandi-Otero and MAPFRE will not be heard at oral argument except by permission of the court. [19-1845] (GB) [Entered: 05/07/2020 06:44 AM]
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| ASSENTED TO MOTION to extend time to file brief filed by Appellee Constructora Japimel, Inc.. Certificate of service dated 05/05/2020. [19-1845] (MS) [Entered: 05/05/2020 12:09 PM] |
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ORDER granting motion to extend time to file brief filed by Appellee Constructora Japimel, Inc.. Brief due 05/13/2020 for appellee Constructora Japimel, Inc.. [19-1845] (RMK) [Entered: 05/05/2020 04:51 PM]
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| BRIEFING schedule updated. Brief due 05/06/2020 for appellees ACE Insurance Co., Constructora Japimel, Inc., Echandi Guzman & Associates, Inc., Efrain Echandi-Otero and MAPFRE. [19-1845] (GB) [Entered: 04/07/2020 08:47 AM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6323080-2 ] submitted by Appellant FDIC. [19-1845] (ATC) [Entered: 03/10/2020 10:20 AM] |
| APPENDIX filed by Appellant FDIC. Number of volumes: 1. Number of copies: 5. Certificate of service dated 02/28/2020. [19-1845] (LIM) [Entered: 03/09/2020 12:10 PM] |
| APPELLANT'S BRIEF filed by Appellant FDIC. Certificate of service dated 03/06/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/16/2020 . Brief due 04/06/2020 for APPELLEES ACE Insurance Co., Constructora Japimel, Inc., Echandi Guzman & Associates, Inc., Efrain Echandi-Otero and MAPFRE. [19-1845] (LIM) [Entered: 03/09/2020 09:54 AM] |
| DISCLOSURE statement filed by Appellant FDIC. Certificate of service dated 03/06/2020. [19-1845] (LIM) [Entered: 03/09/2020 10:39 AM] |
| BRIEF tendered by Appellant FDIC. [19-1845] (DS) [Entered: 03/06/2020 12:44 PM] |
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ORDER entered: The brief filed by appellant FDIC on February 28, 2020, and the appendix filed on March 2, 2020 are not in compliance. Appellant FDIC is ordered to file a conforming brief and appendix by March 13, 2020 . The nonconforming appendix will be held at the clerk's office until March 13, 2020, should appellant wish to make arrangements to have it returned. The corrected brief and one copy of the corrected appendix must be served on all parties to the appeal, and the certificate(s) of service must be updated to include the new date of service. The due date for appellees' brief(s) shall run from service of the corrected brief, in accordance with Fed. R. App. P. 31. [19-1845] (GB) [Entered: 03/06/2020 10:13 AM]
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| PLEADING tendered: FIVE (5) Paper copies of appendix filed by Appellant FDIC. Certificate of service dated 02/28/2020. [19-1845] (LIM) [Entered: 03/02/2020 09:11 AM] |
| BRIEF tendered by Appellant FDIC. [19-1845] (DS) [Entered: 02/28/2020 04:15 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant FDIC. Brief and Appendix due 02/28/2020 for appellant Federal Deposit Insurance Corporation. [19-1845] (GB) [Entered: 01/24/2020 02:23 PM]
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| MOTION to extend time to file brief and appendix filed by Appellant FDIC. Certificate of service dated 01/22/2020. [19-1845] (DS) [Entered: 01/22/2020 09:15 AM] |
| MOTION to extend time to file brief and appendix filed by Appellant FDIC. Certificate of service dated 11/27/2019. [19-1845] CLERK'S NOTE: Docket entry was edited to modify the docket text. (DS) [Entered: 11/27/2019 01:40 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant FDIC. Brief and Appendix due 01/29/2020 for appellant Federal Deposit Insurance Corporation. [19-1845] (GB) [Entered: 11/27/2019 03:16 PM]
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| MOTION to extend time to file brief and appendix filed by Appellant FDIC. Certificate of service dated 10/28/2019. [19-1845] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (DS) [Entered: 10/28/2019 07:35 AM] |
| CERTIFICATE of service for motion to extend time to file brief and/or appendix [ # 6292585-3 ] filed by Appellant FDIC. Certificate of service dated 10/28/2019. [19-1845] (DS) [Entered: 10/28/2019 02:32 PM] |
| CERTIFICATE of service for motion to extend time to file brief and/or appendix [ # 6292585-3 ] filed by Appellant FDIC. Certificate of service dated 10/28/2019. [19-1845] CLERK'S NOTE: The name of the ECF Filer must be preceded by an "s/" and typed in the space where the signature would otherwise appear. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, BY 10/30/2019. (DS) [Entered: 10/28/2019 01:13 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant FDIC. Brief and Appendix due 12/30/2019 for appellant Federal Deposit Insurance Corporation. [19-1845] (GB) [Entered: 10/28/2019 02:47 PM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Rogeriee Thompson, Appellate Judge: The Federal Deposit Insurance Corporation's motion for a stay of the district court's remand order pending appeal is denied. The docket of the district court suggests that the remand was accomplished in March of this year. In any event, we are not persuaded that a stay would be necessary or effective to prevent irreparable harm to the Corporation. No party suggests that the existing stay of the local court case has been lifted, or that a stay of the remand order would operate in any manner upon the pending arbitration. A briefing schedule will be set in the ordinary course. [19-1845] (GB) [Entered: 10/16/2019 04:17 PM]
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| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Colleen J. Boles for FDIC. [19-1845] (GB) [Entered: 10/16/2019 06:25 PM] |
| BRIEFING schedule set. Brief and Appendix due 11/25/2019 for appellant Federal Deposit Insurance Corporation. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1845] (GB) [Entered: 10/16/2019 06:32 PM] |
| NOTICE issued. After 10/15/2019, the following attorney will no longer receive notice of court issued documents in this case unless she registers for an appellate ECF account: Colleen J. Boles for FDIC. [19-1845] (GB) [Entered: 10/01/2019 09:53 AM] |
| RESPONSE filed by Appellee Constructora Japimel, Inc. to motion to stay [ # 6282251-2 ]. Certificate of service dated 09/27/2019. [19-1845] (MS) [Entered: 09/27/2019 10:49 AM] |
| MOTION to stay pending appeal filed by Appellant FDIC. Certificate of service dated 09/16/2019. [19-1845] (DS) [Entered: 09/16/2019 11:32 AM] |
| NOTICE of appearance on behalf of Appellant FDIC filed by Attorney Duncan Stevens. Certificate of service dated 09/13/2019. [19-1845] (DS) [Entered: 09/13/2019 01:08 PM] |
| NOTICE of appearance on behalf of Appellant FDIC filed by Attorney Tessie M. Leal Garabis. Certificate of service dated 09/13/2019. [19-1845] (TML) [Entered: 09/13/2019 03:59 PM] |
| DOCKETING statement filed by Appellant FDIC. Certificate of service dated 09/13/2019. [19-1845] (DS) [Entered: 09/13/2019 02:14 PM] |
| NOTICE of appearance on behalf of Appellant FDIC filed by Attorney Jairo Mellado Villarreal. Certificate of service dated 09/13/2019. [19-1845] (JAM) [Entered: 09/13/2019 04:02 PM] |
| NOTICE of appearance on behalf of Not Parties Echandi Guzman & Associates, Inc. and Efrain Echandi-Otero filed by Attorney Luis Martinez Llorens. Certificate of service dated 09/10/2019. [19-1845] (LGM) [Entered: 09/10/2019 11:34 AM] |
| NOTICE of appearance on behalf of Appellee Constructora Japimel, Inc. filed by Attorney Manuel Sosa-Baez. Certificate of service dated 09/10/2019. [19-1845] (MS) [Entered: 09/10/2019 12:04 PM] |
| NOTICE of appearance on behalf of Not Party ACE Insurance Co. filed by Attorney Francicsco J. Colon-Pagan. Certificate of service dated 09/09/2019. [19-1845] (FJC) [Entered: 09/09/2019 04:35 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #62) filed by Appellant FDIC. Appearance form and Docketing Statement due 09/20/2019. [19-1845]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (KC) [Entered: 09/06/2019 01:55 PM] |
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