Elmstrom, et al v. NFEnergia LLC
| CAPTAIN TOMAS BUSTO-ALVAREZ, CAPTAIN CARLOS EDUARDO RAMOS, CAPTAIN RICHARD FLYNN, CAPTAIN JACOB ELMSTROM, CAPTAIN PATRICK LOPEZ, CAPTAIN KENNETH RAY DIAZ, SAN JUAN BAY PILOTS CORP. and CAPTAIN CARLOS GUTIERREZ |
| NFENERGIA LLC, PUERTO RICO HARBOR PILOT COMMISSION and JESSICA NECO-MORALES |
| 25-1923 |
| September 27, 2025 |
| U.S. Court of Appeals, First Circuit |
| Marine (Personal Injury) |
Docket Report
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| MANDATE issued. [25-1923] (JW) [Entered: 11/07/2025 12:33 PM] |
| JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). 25-1923 42b. [25-1923] (JW) [Entered: 11/07/2025 12:30 PM] |
| MOTION to dismiss case filed by Appellant NFEnergia LLC. Served on 11/05/2025. [25-1923] (DZ) [Entered: 11/05/2025 08:42 AM] |
| RESPONSE filed by Appellees Tomas Busto-Alvarez, Carlos Eduardo Ramos, Jacob Elmstrom, Richard Flynn, Carlos Guiterrez, Patrick Lopez, Kenneth Ray Diaz, San Juan Bay Pilots Corp. and Appellant NFEnergia LLC to motion to stay [ # 6753839-2 ]. Served on 09/28/2025. [25-1923] (GF) [Entered: 09/28/2025 07:22 AM] |
ORDER entered by David J. Barron, Chief Appellate Judge; Lara E. Montecalvo, Appellate Judge and Seth Robert Aframe, Appellate Judge. Defendant-appellant NFEnergia, LLC (" NFE "), has filed an Emergency Motion to Stay Injunction Pending Appeal. NFE seeks a stay of a temporary restraining order issued in the District of Puerto Rico on September 26, 2025. This court has considered the papers filed on appeal and relevant portions of the district court record. Based on the specific arguments set out in the stay motion, we conclude that defendantappellant has failed to demonstrate that stay relief is in order. The motion for stay pending appeal is therefore denied. This order of denial is based on the specific arguments placed before the court in the motion papers and on the specifics of the district court's ruling. Proceedings regarding plaintiffs-appellees' request for a preliminary injunction are ongoing in the district court, and this ruling is without prejudice to the parties' pursuit of any specific argument as part of those proceedings and/or to any ruling the district court might render as to the preliminary injunction motion. [25-1923] (GB) [Entered: 09/28/2025 10:29 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #54) filed by Appellant NFEnergia LLC. Docketing Statement, Transcript Report/Order form, and Appearance form due 10/14/2025. [25-1923]. CLERK'S NOTE: Docket entry was edited to attach a missing document. (DO) [Entered: 09/27/2025 04:03 PM] |
| NOTICE of appearance on behalf of Appellant NFEnergia LLC filed by Attorney David Zimmer. Served on 09/27/2025. [25-1923] (DZ) [Entered: 09/27/2025 04:54 PM] |
| EMERGENCY MOTION to stay Injunction Pending Appeal filed by Appellant NFEnergia LLC. Served on 09/27/2025. [25-1923] (JRR) [Entered: 09/27/2025 05:18 PM] |
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ORDER entered: At 5:18 p.m. on Saturday, September 27, 2025, defendant-appellant NFEnergia, LLC, filed an Emergency Motion to Stay Injunction Pending Appeal in this court. Plaintiffs-appellees are directed to file their response thereto by 8:00 a.m. on Sunday, September 28, 2025. [25-1923] (DO) [Entered: 09/27/2025 06:15 PM]
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