Priester v. PR Department of Health, et al
| SALLY PRIESTER |
| PR DEPARTMENT OF HEALTH, VICTOR RAMOS OTERO, COLEGIO DE MEDICOS-CIRUJANOS DE PUERTO RICO, VERONICA RODRIGUEZ-DE LA CRUZ and FREDDIE ROMAN-AVILES |
| 22-1694 |
| September 12, 2022 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| U.S. SUPREME COURT ORDER entered. The petition for rehearing was denied. [22-1694] (JW) [Entered: 12/12/2025 05:25 PM] |
| U.S. SUPREME COURT ORDER entered on 10/06/2025. The petition for a writ of certiorari was denied. [22-1694] (JW) [Entered: 10/07/2025 12:11 PM] |
| U.S. SUPREME COURT NOTICE advising a petition for a writ of certiorari was filed on 07/23/2025 and assigned case number 25-110. [22-1694] (JW) [Entered: 07/31/2025 04:45 PM] |
| MANDATE issued. [22-1694] (GB) [Entered: 06/17/2025 03:38 AM] |
ORDER entered by David J. Barron, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; Julie Rikelman, Appellate Judge and Seth Robert Aframe, Appellate Judge: Plaintiff-appellant Dr. Sally Priester has filed a petition for rehearing en banc. Pursuant to First Circuit Internal Operating Procedure X(C), the petition for rehearing en banc has also been treated as a petition for rehearing before the original panel. The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and petition for rehearing en banc be denied . [22-1694] (JW) [Entered: 06/09/2025 01:22 PM]
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| PETITION for rehearing en banc filed by Appellant Sally Priester. Served on 05/08/2025. [22-1694] (ALT) [Entered: 05/08/2025 08:50 PM] |
| JUDGMENT entered by Lara E. Montecalvo, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Julie Rikelman, Appellate Judge. 22-1694 Dismissed. [22-1694] (JW) [Entered: 04/24/2025 04:00 PM] |
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ORDER entered: Upon consideration, the motion to withdraw Attorney Veronica Ferraiuoli-Hornedo as counsel for Appellee Victor Ramos Otero, is granted. Attorney Veronica Ferraiuoli-Hornedo is hereby withdrawn as counsel, and Appellee will continue to be represented by his remaining counsel of record. [22-1694] (JW) [Entered: 02/18/2025 08:34 PM]
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| NOTICE of appearance on behalf of Appellee Victor Ramos Otero filed by Attorney Francisco E. Colon-Ramirez. Served on 02/09/2025. [22-1694] (FEC) [Entered: 02/09/2025 07:02 PM] |
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ORDER entered: Attorney Veronica Ferraiuoli-Hornedo has moved to withdraw as counsel for Appellee Victor Ramos Otero. On or before February 18, 2025 , Appellee Victor Ramos Otero must either show cause why counsel should not be allowed to withdraw or advise this court in writing whether he will proceed pro se or retain new counsel. In the event Appellee Victor Ramos Otero does not file a written response by February 18, 2025, the motion to withdraw will be granted, and Appellee Victor Ramos Otero will be designated as proceeding pro se in the above-captioned case. [22-1694] (JW) [Entered: 02/03/2025 11:45 AM]
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| MOTION for Attorney Veronica Ferraiuoli-Hornedo to withdraw as counsel filed by Appellee Victor Ramos Otero. Served on 02/02/2025. [22-1694] (VF) [Entered: 02/02/2025 05:13 PM] |
| CASE submitted. Panel: Lara E. Montecalvo, Appellate Judge; William J. Kayatta, Jr., Appellate Judge; Julie Rikelman, Appellate Judge. [22-1694] (SBT) [Entered: 05/14/2025 02:22 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Attorney Ana Luisa Toledo for Appellant Sally Priester. Served on 12/17/2024. [22-1694] CLERK'S NOTE: Relief selection was incorrect. Correction made by clerk's office. No further action required. (ALT) [Entered: 12/17/2024 02:27 PM] |
| MOTION to lift stay and RESPONSE to order to show cause [ # 6683334-2 ], motion to dismiss case [ # 6685977-2 ] filed by Appellant Sally Priester. Served on 12/06/2024. [22-1694] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (ALT) [Entered: 12/06/2024 06:32 PM] |
| MOTION to dismiss case filed by Appellee PR Department of Health. Served on 12/06/2024. [22-1694] (FJG) [Entered: 12/06/2024 10:23 AM] |
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ORDER to Show Cause entered by Julie Rikelman, Appellate Judge: Plaintiff-appellant Dr. Sally Priester has filed a motion seeking, inter alia , to vacate the stay of briefing and to continue appellate proceedings. The motion attaches a certified translation of the Medical Discipline and Licensing Board's Resolution No. 2024-22, dated March 21, 2024, wherein the Board determined, inter alia , that Resolution and Order No. 2021-24 containing the cease-and-desist order was rendered moot and dismissed the disciplinary proceedings against Dr. Priester. In light of Resolution No. 2024-22, it now appears that this court lacks jurisdiction to reach the merits of this interlocutory appeal. See Harris v. Univ. of Mass. Lowell , 43 F.4th 187, 189, 191-92 (1st Cir. 2022) (noting that Article III of the U.S. Constitution restricts our jurisdiction to live cases or controversies; thus, when the court cannot grant any effectual relief, "we dismiss the appeal without reaching the merits"; explaining that "[u]nless an exception to the [mootness] doctrine applies, to do otherwise would be to render an advisory opinion, which Article III prohibits"). Accordingly, the parties are ordered to show cause, on or before December 6, 2024 , why this appeal should not be dismissed for lack of jurisdiction. Alternatively, Dr. Priester may move for voluntarily dismissal of this appeal pursuant to Fed. R. App. P. 42(b). [22-1694] (JW) [Entered: 11/22/2024 12:54 PM]
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| RESPONSE filed by Appellant Sally Priester to motion to strike pleading [ # 6678913-2 ]. Served on 11/19/2024. [22-1694] (ALT) [Entered: 11/19/2024 11:42 AM] |
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ORDER granting motion to withdraw as counsel filed by Appellant Sally Priester. [22-1694] (JMK) [Entered: 11/12/2024 11:34 AM]
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| MOTION to strike motion [ # 6675894-2 ] filed by Appellee PR Department of Health. Served on 11/01/2024. [22-1694] (FJG) [Entered: 11/01/2024 04:43 PM] |
| NOTICE of appearance on behalf of Appellee PR Department of Health filed by Attorney Francisco J. Gonzalez-Magaz. Served on 11/01/2024. [22-1694] (FJG) [Entered: 11/01/2024 04:18 PM] |
| MOTION to expedite and Vacate Stay of Proceedings filed by Appellant Sally Priester. Served on 10/21/2024. [22-1694] (ALT) [Entered: 10/22/2024 01:09 AM] |
| NOTICE of appearance on behalf of Appellant Sally Priester filed by Attorney Ana Luisa Toledo. Served on 10/05/2024. [22-1694] (ALT) [Entered: 10/05/2024 06:21 PM] |
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ORDER entered. Attorney Attorney Ana L. Toledo Davila's motion for leave to enter an appearance on behalf of Appellant Sally Priester is allowed. Attorney Toledo's Notice of Appearance Form is due by October 10, 2024 . [22-1694] (GB) [Entered: 10/03/2024 01:30 PM]
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ORDER entered. Attorney Carlos Lugo-Fiol has filed a motion to withdraw as counsel of record for Appellee PR Department of Health. Upon consideration, the motion is allowed. See 1st Cir. R. 12.0(b) ("No attorney who has entered an appearance in this court may withdraw without the consent of the court"). Appellee PR Department of Health will continue to be represented by its remaining counsel of record. [22-1694] (GB) [Entered: 09/25/2024 08:38 AM]
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| MOTION for Attorney Carlos Lugo-Fiol to withdraw as counsel filed by Appellee PR Department of Health. Served on 09/24/2024. [22-1694] (CL) [Entered: 09/24/2024 10:45 AM] |
| MOTION for leave to file an appearance form on behalf of Appellant Sally Priester filed by Attorney Ana L. Toledo Davila. Served on 09/16/2024. [22-1694] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (ALT) [Entered: 09/16/2024 11:00 PM] |
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ORDER entered: The Court's July 12, 2024, order, a copy of which is enclosed, ordered Appellant to respond by July 26, 2024. Upon consideration of Appellant Sally Priester's response to that order, the response is construed as a motion for an extension of time to respond to the order and is allowed. The time for Appellant to inform the Court of whether new counsel will be obtained or whether Appellant will proceed pro se is enlarged to and including September 16, 2024 . If no response is filed by September 16, 2024 , counsel's motion to withdraw will be allowed and Appellant will be designated as proceeding pro se. [22-1694] (AL) [Entered: 08/09/2024 07:56 PM]
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| NOTICE of appearance on behalf of Appellee PR Department of Health filed by Attorney Francisco J. Gonzalez-Magaz. Served on 08/05/2024. [22-1694] (FJG) [Entered: 08/05/2024 11:54 AM] |
| RESPONSE filed by Appellant Sally Priester to order [ # 6654148-2 ]. Served on 07/25/2024. [22-1694] (JMK) [Entered: 07/29/2024 03:50 PM] |
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ORDER notifying party of opportunity to respond to motion to withdraw as counsel. Response due 07/26/2024 for Sally Priester. [22-1694] (JMK) [Entered: 07/12/2024 01:13 PM]
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| NOTICE Regarding Dismissal of the Charges Before the Puerto Rico Medical Discipline and Licensing Board. filed by Appellant Sally Priester. Served on 07/10/2024. [22-1694] (JRD) [Entered: 07/10/2024 09:36 PM] |
| MOTION for Attorney Jose R. Davila-Acevedo to withdraw as counsel filed by Appellant Sally Priester. Served on 07/10/2024. [22-1694] (JRD) [Entered: 07/10/2024 12:47 PM] |
| LETTER requesting copy of communications filed by Appellant Sally Priester. Certificate of service was not included. [22-1694] (JMK) [Entered: 07/10/2024 02:25 PM] |
| LETTER returning pro se filing sent to Appellant Sally Priester. [22-1694] (JMK) [Entered: 06/17/2024 10:08 AM] |
| DOCKET sheet sent to appellant. [22-1694] (JMK) [Entered: 06/17/2024 10:11 AM] |
| LETTER regarding representation filed pro se by Appellant Sally Priester. Certificate of service was not included. [22-1694] (JMK) [Entered: 06/04/2024 04:22 PM] |
| RESPONSE filed by Appellant Sally Priester to for summary disposition [ # 6568815-2 ]. Served on 07/05/2023. [22-1694] (JRD) [Entered: 07/05/2023 11:03 PM] |
| MOTION for leave to file supplemental response, to extend time to file a supplemental response filed by Appellant Sally Priester. Served on 06/29/2023. [22-1694] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (JRD) [Entered: 06/29/2023 11:38 PM] |
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ORDER entered by Jeffrey R. Howard, Appellate Judge: Upon consideration of appellee Puerto Rico Department of Health's motion to stay or extend the briefing schedule, appellee V ctor Ramos Otero's motion to join the motion to stay, and appellant Sally Priester's opposition thereto, appellees' motions are granted. Briefing is hereby stayed pending the court's decision on the motion for summary disposition. [22-1694] (JMK) [Entered: 06/08/2023 04:48 PM]
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| REPLY filed by Appellee PR Department of Health to [ # 6571110-2 ]. Served on 06/05/2023. [22-1694] (CL) [Entered: 06/05/2023 05:13 PM] |
| RESPONSE filed by Appellant Sally Priester to for summary disposition [ # 6568815-2 ], to stay [ # 6568819-2 ], to join in or adopt previously filed pleading [ # 6569651-2 ], to stay [ # 6569651-3 ], to extend time to file brief and/or appendix [ # 6569651-4 ]. Served on 05/30/2023. [22-1694] (JRD) [Entered: 05/30/2023 07:22 PM] |
| MOTION to join in or adopt for summary disposition [ # 6568815-2 ], to stay [ # 6568819-2 ], to stayto extend time to file brief filed by Appellee Victor Ramos Otero. Served on 05/22/2023. [22-1694] (VF) [Entered: 05/22/2023 08:46 AM] |
| MOTION to stay or extend briefing schedule filed by Appellee PR Department of Health. Served on 05/17/2023. [22-1694] (CL) [Entered: 05/17/2023 09:55 AM] |
| MOTION for summary disposition filed by Appellee PR Department of Health. Served on 05/17/2023. [22-1694] (CL) [Entered: 05/17/2023 09:51 AM] |
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ORDER entered. As Appellee Colegio de Medicos-Cirujanos de Puerto Rico has failed to file a brief, appellee will not be heard at oral argument except by permission of the court. [22-1694] (JMK) [Entered: 04/18/2023 09:00 AM]
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| MOTION to extend time to file brief filed by Appellee Victor Ramos Otero. Served on 04/10/2023. [22-1694] (VF) [Entered: 04/10/2023 01:40 PM] |
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ORDER granting motion to extend time to file brief filed by Appellee Dr. Victor Ramos Otero. Brief due 05/22/2023 for appellee Dr. Victor Ramos Otero. [22-1694] (JMK) [Entered: 04/10/2023 02:22 PM]
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ORDER granting motion to extend time to file brief filed by Appellee PR Department of Health. Brief due 05/17/2023 for appellee PR Department of Health. [22-1694] (JMK) [Entered: 04/10/2023 11:13 AM]
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| MOTION to extend time to file brief filed by Appellee PR Department of Health. Served on 04/10/2023. [22-1694] (CL) [Entered: 04/10/2023 10:28 AM] |
| FIVE (5) paper copies of appendix [ # 6555985-2 ] submitted by Appellant Sally Priester. [22-1694] (YCC) [Entered: 03/22/2023 01:44 PM] |
| NINE (9) paper copies of appellant's brief [ # 6555978-2 ] submitted by Appellant Sally Priester. [22-1694] (YCC) [Entered: 03/22/2023 01:41 PM] |
| APPELLANT'S BRIEF filed by Appellant Sally Priester. Served on 03/16/2023. 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 03/24/2023 . Brief due 04/17/2023 for APPELLEES Colegio de M dicos-Cirujanos de Puerto Rico, PR Department of Health and V ctor Ramos Otero. [22-1694] (AVN) [Entered: 03/17/2023 10:08 AM] |
| APPENDIX filed by Appellant Sally Priester. Served on 03/16/2023. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/24/2023. [22-1694] (AVN) [Entered: 03/17/2023 10:24 AM] |
| BRIEF tendered by Appellant Sally Priester. [22-1694] (JRD) [Entered: 03/16/2023 11:41 PM] |
| APPENDIX tendered by Appellant Sally Priester. Served on 03/16/2023. [22-1694] (JRD) [Entered: 03/16/2023 11:42 PM] |
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ORDER directing Appellant Sally Priester to file a conforming brief and appendix. Brief and Appendix due 03/17/2023. [22-1694] (JMK) [Entered: 03/10/2023 10:04 AM]
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ORDER mooting motion to extend time to file brief and appendix filed by Appellant Sally Priester. [22-1694] (JMK) [Entered: 03/10/2023 10:06 AM]
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| APPENDIX tendered by Appellant Sally Priester. Served on 03/09/2023. [22-1694] (JRD) [Entered: 03/09/2023 10:35 PM] |
| BRIEF tendered by Appellant Sally Priester. [22-1694] (JRD) [Entered: 03/09/2023 10:32 PM] |
| BRIEF tendered by Appellant Sally Priester. [22-1694] CLERK'S NOTE: An appendix is a separate document which cannot be attached to the brief and must be filed in accordance with Fed. R. App. P 30(a)-(b). THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (by 3/9/2023). (JRD) [Entered: 03/06/2023 11:55 PM] |
| RENEWED MOTION to extend time to file brief and appendix filed by Appellant Sally Priester. Served on 03/03/2023. [22-1694] (JRD) [Entered: 03/03/2023 11:48 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Sally Priester. Brief and Appendix due 03/03/2023 for appellant Sally Priester. [22-1694] (JMK) [Entered: 03/01/2023 08:40 AM]
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| MOTION to extend time to file brief and appendix filed by Appellant Sally Priester. Served on 02/28/2023. [22-1694] (JRD) [Entered: 02/28/2023 03:50 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Sally Priester. Brief and Appendix due 02/28/2023 for appellant Sally Priester. [22-1694] (JMK) [Entered: 02/21/2023 11:18 AM]
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| MOTION to extend time to file brief and appendix filed by Appellant Sally Priester. Served on 02/21/2023. [22-1694] (JRD) [Entered: 02/21/2023 10:58 AM] |
| BRIEFING schedule set. Brief and Appendix due 02/21/2023 for appellant Sally Priester. 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. [22-1694] (JMK) [Entered: 01/09/2023 08:38 AM] |
| DOCKETING statement filed by Appellant Sally Priester. Served on 11/09/2022. [22-1694] (JRD) [Entered: 11/09/2022 05:35 PM] |
| DOCKETING statement filed by Appellant Sally Priester. Served on 11/09/2022. [22-1694] CLERK'S NOTE: The document is incomplete. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (by 11/14/22). (JRD) [Entered: 11/09/2022 03:48 PM] |
| NOTICE of appearance on behalf of Appellant Sally Priester filed by Attorney Jose R. Davila-Acevedo. Served on 11/09/2022. [22-1694] (JRD) [Entered: 11/09/2022 03:39 PM] |
| NOTICE of default and intent to dismiss issued. The appellant is directed to file an appearance form and docketing statement or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form and Docketing Statement due 11/09/2022 . [22-1694] (JMK) [Entered: 10/26/2022 04:12 PM] |
| 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: Jose R. Cintron Rodriguez for PR Department of Health. [22-1694] (JMK) [Entered: 10/20/2022 08:09 AM] |
| NOTICE issued. After 10/19/2022, the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Jose R. Cintron Rodriguez for PR Department of Health. [22-1694] (JMK) [Entered: 10/05/2022 02:15 PM] |
| NOTICE of appearance on behalf of Appellee PR Department of Health filed by Attorney Carlos Lugo-Fiol. Served on 09/29/2022. [22-1694] (CL) [Entered: 09/29/2022 05:03 PM] |
| NOTICE of appearance on behalf of Appellee Victor Ramos Otero filed by Attorney Veronica Ferraiuoli-Hornedo. Served on 09/29/2022. [22-1694] (VF) [Entered: 09/29/2022 07:05 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #111) filed by Appellant Sally Priester. Appearance form and Docketing Statement due 09/26/2022 . [22-1694] (JMK) [Entered: 09/12/2022 10:43 AM] |
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