Arocho-Rodriguez v. Kmart Operations, LLC
Plaintiff: Mercedes Arocho-Rodriguez
Defendant: K Mart Corporation doing business as Kmart, DDR Atlantico LLC doing business as Plaza del Atlantico Shopping Center and Kmart Operations, LLC doing business as Kmart
Case Number: 3:2015cv02868
Filed: November 18, 2015
Court: US District Court for the District of Puerto Rico
Office: San Juan Office
County: Arecibo
Presiding Judge: Marcos E Lopez
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 24, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2016 Filing 71 JUDGMENT dismissing with prejudice all claims against all defendants in the complaint. Signed by US Magistrate Judge Marcos E. Lopez on 8/24/16.(ft)
August 24, 2016 Opinion or Order Filing 70 ORDER finding as moot #45 Motion to Dismiss for Failure to State a Claim and finding as moot #46 Motion to Dismiss for Lack of Jurisdiction. Signed by US Magistrate Judge Marcos E. Lopez on 8/24/16. (ft)
August 24, 2016 Opinion or Order Filing 69 ORDER regarding #66 Motion to Dismiss: Granted. All claims against all defendants in the complaint are dismissed with prejudice. Signed by US Magistrate Judge Marcos E. Lopez on 8/23/16. (jhi)
August 24, 2016 Opinion or Order Filing 68 ORDER denying #65 Motion to Restrict. Signed by US Magistrate Judge Marcos E. Lopez on 8/23/16. (jhi)
August 24, 2016 Opinion or Order Filing 67 ORDER granting #64 INFORMATIVE motion. Signed by US Magistrate Judge Marcos E. Lopez on 8/23/16. (jhi)
August 22, 2016 Filing 66 MOTION to dismiss with prejudice as to K Mart Corporation, Kmart Operations, LLC filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 9/9/2016 (Velez-Colon, Jose)
August 2, 2016 Filing 65 MOTION to Restrict Document filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 8/19/2016 (Velez-Colon, Jose)
August 2, 2016 Filing 64 INFORMATIVE Motion filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 8/19/2016 (Velez-Colon, Jose) Modified on 8/3/2016 to add docket entry restriction (cm). Modified on 8/10/2016 to edit text as per request of pltf's. attorney (ov). Modified on 8/25/2016 to eliminate restriction as per Order at Dkt. #68(ov).
June 22, 2016 Opinion or Order Filing 63 ORDER regarding #60 Motion to Strike: Moot. See ECF No. 62. Signed by US Magistrate Judge Marcos E. Lopez on 6/22/2016. (GB)
June 15, 2016 Filing 62 Minutes for Initial Scheduling Conference held on 6/15/2016 before US Magistrate Judge Marcos E. Lopez. Pretrial/Settlement Conference is set for 6/30/2017 at 9:00 AM in MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Jury Trial is set for 7/10/2017 at 9:00 AM in Courtroom 10 before US Magistrate Judge Marcos E. Lopez. (jhi)
June 14, 2016 Filing 61 RESPONSE to Motion filed by Mercedes Arocho-Rodriguez Re: #60 MOTION to Strike Exhibit I of the Joint Initial Scheduling Conference Memorandum Re: #59 Initial Scheduling Memorandum filed by Mercedes Arocho-Rodriguez filed by K Mart Corporation filed by Mercedes Arocho-Rodriguez. (Velez-Colon, Jose)
June 14, 2016 Filing 60 MOTION to Strike Exhibit I of the Joint Initial Scheduling Conference Memorandum Re: #59 Initial Scheduling Memorandum filed by Mercedes Arocho-Rodriguez filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 7/1/2016 (Attachments: #1 Exhibit A)(Related document(s) #59 ) (Davila-Micheo, Gabriela)
June 8, 2016 Filing 59 Joint INITIAL SCHEDULING CONFERENCE MEMORANDUM by all Parties filed by Mercedes Arocho-Rodriguez. (Attachments: #1 Exhibit Settlement Agreement, Lucas v. Kmart Corporation, Case No. 99-cv-01923-JLK-CBS (July 21, 2006)).) (Velez-Colon, Jose) Modified on 6/22/2016 to add text to the title(ov).
April 25, 2016 Opinion or Order Filing 58 ORDER regarding #57 INFORMATIVE motion: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 4/25/2016. (GB)
April 19, 2016 Filing 57 INFORMATIVE Motion regarding Sur-Reply filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 5/6/2016 (Velez-Colon, Jose)
April 18, 2016 Filing 56 REPLY to Response to Motion filed by K Mart Corporation Re: #46 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) as to Mercedes Arocho-Rodriguez filed by K Mart Corporation filed by K Mart Corporation. (Davila-Micheo, Gabriela) Modified on 4/19/2016 to edit text (ov).
April 18, 2016 Filing 55 REPLY to Response to Motion filed by K Mart Corporation Re: #45 MOTION to Dismiss for Failure to State a Claim filed by K Mart Corporation filed by K Mart Corporation. (Davila-Micheo, Gabriela) Modified on 4/19/2016 to edit text (ov).
April 7, 2016 Opinion or Order Filing 54 ORDER regarding #52 Motion to leave to file document and for extension of time to file response: Granted. Signed by US Magistrate Judge Marcos E. Lopez on 4/7/16. (jhi)
April 7, 2016 Opinion or Order Filing 53 ORDER regarding #51 Motion to leave to file and extension of time to file response: Granted. Signed by US Magistrate Judge Marcos E. Lopez on 4/7/16. (jhi)
April 7, 2016 Filing 52 MOTION for Leave to File Document , MOTION for Extension of Time to File Response/Reply as to #46 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) filed by Gabriela Davila-Micheo on behalf of K Mart Corporation. Suggestions in opposition/response due by 4/25/2016 (Related document(s) #46 ) (Davila-Micheo, Gabriela) Modified on 4/8/2016 to correct docket text (gav).
April 7, 2016 Filing 51 MOTION for Leave to File Document , MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Dismiss for Failure to State a Claim filed by Gabriela Davila-Micheo on behalf of K Mart Corporation. Suggestions in opposition/response due by 4/25/2016 (Related document(s) #45 ) (Davila-Micheo, Gabriela) Modified on 4/8/2016 to correct docket text. (gav).
March 31, 2016 Filing 50 RESPONSE in Opposition to Motion filed by Mercedes Arocho-Rodriguez Re: #46 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) as to Mercedes Arocho-Rodriguez filed by K Mart Corporation filed by Mercedes Arocho-Rodriguez. (Velez-Colon, Jose)
March 31, 2016 Filing 49 RESPONSE in Opposition to Motion filed by Mercedes Arocho-Rodriguez Re: #45 MOTION to Dismiss for Failure to State a Claim filed by K Mart Corporation filed by Mercedes Arocho-Rodriguez. (Velez-Colon, Jose)
March 31, 2016 Opinion or Order Filing 48 ORDER regarding #47 Motion to Continue: Granted. The Initial Scheduling Conference ("ISC") is reset for June 15, 2016 at 11:00 a.m. The joint ISC memorandum shall be due five business days before the ISC. Plaintiff is put on notice that no extensions of time to file responses to the pending dispositive motions (ECF Nos. 45, 46) will be granted. Signed by US Magistrate Judge Marcos E. Lopez on 3/31/16. (jhi)
March 30, 2016 Filing 47 MOTION to Continue Deadline to File Joint Case Management Memorandum and the Initial Scheduling Conference filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 4/18/2016 (Davila-Micheo, Gabriela)
March 14, 2016 Filing 46 MOTION to Dismiss/Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) as to Mercedes Arocho-Rodriguez filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 3/31/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Davila-Micheo, Gabriela)
March 14, 2016 Filing 45 MOTION to Dismiss for Failure to State a Claim filed by Juan F. Santos-Caraballo on behalf of K Mart Corporation Suggestions in opposition/response due by 3/31/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Santos-Caraballo, Juan)
February 29, 2016 Filing 44 AMENDED COMPLAINT against K Mart Corporation, filed by Mercedes Arocho-Rodriguez.(Velez-Colon, Jose)
February 29, 2016 Opinion or Order Filing 43 ORDER denying without prejudice #38 Motion to Dismiss. Once the second amended complaint has been filed, defendant may proceed to file the pertinent dispositive motions. The court does not accept hybrid motions. Therefore, if defendant feels there are arguments under both Fed. R. Civ. P. 12 and 56, defendant shall file separate motions (i.e., a motion to dismiss and separate motion for summary judgment). If defendant prevails on either dispositive motion and feels entitled to attorneys fees under the law, they shall file a motion to that effect for the court's evaluation. Signed by US Magistrate Judge Marcos E. Lopez on 2/29/2016. (GB)
February 29, 2016 Opinion or Order Filing 42 ORDER: Within twenty-four (24) hours of this order, plaintiff shall file her second amended complaint. See ECF No. 39. Signed by US Magistrate Judge Marcos E. Lopez on 2/29/2016. (GB)
February 26, 2016 Filing 41 RESPONSE in Opposition to Motion filed by Mercedes Arocho-Rodriguez Re: #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to K Mart Corporation filed by K Mart Corporation filed by Mercedes Arocho-Rodriguez. (Velez-Colon, Jose)
February 26, 2016 Opinion or Order Filing 40 ORDER granting #37 Motion for Leave to File. Signed by US Magistrate Judge Marcos E. Lopez on 2/26/16. (jhi)
February 26, 2016 Opinion or Order Filing 39 ORDER granting #36 Motion for Leave to File. Signed by US Magistrate Judge Marcos E. Lopez on 2/26/16. (jhi)
February 26, 2016 Filing 38 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss/Lack of Jurisdiction as to K Mart Corporation filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 3/14/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Davila-Micheo, Gabriela)
February 26, 2016 Filing 37 MOTION for Leave to File Document in Excess of Page Limit filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 3/14/2016 (Davila-Micheo, Gabriela)
February 7, 2016 Filing 36 MOTION for Leave to File Document (amended complaint) filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 2/25/2016 (Attachments: #1 Appendix (Tendered Amended Complaint))(Velez-Colon, Jose)
February 1, 2016 Opinion or Order Filing 35 ORDER regarding #34 INFORMATIVE motion: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 2/1/16. (jhi)
January 29, 2016 Filing 34 INFORMATIVE Motion filed by Juan F. Santos-Caraballo on behalf of K Mart Corporation Suggestions in opposition/response due by 2/16/2016 (Santos-Caraballo, Juan)
January 29, 2016 Filing 33 ANSWER to #7 Amended Complaint, filed by Juan F. Santos-Caraballo on behalf of Defendant K Mart Corporation.(Santos-Caraballo, Juan)
January 29, 2016 Filing 32 Corporate Disclosure Statement byK Mart Corporation. (Santos-Caraballo, Juan)
January 27, 2016 Opinion or Order Filing 31 ORDER: All directives, deadlines and proceedings set in the Scheduling / Case Management Order (ECF No. 13) are adopted and remain binding on the parties unless explicitly modified by the court. The Initial Scheduling Conference, however, is reset for 4/11/2016 at 10:00 AM in MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Pretrial/Settlement Conference is set for 6/30/2017 at 9:00 AM in MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Jury Trial is set for 7/10/2017 at 9:00 AM in Courtroom 10 before US Magistrate Judge Marcos E. Lopez. Signed by US Magistrate Judge Marcos E. Lopez on 1/27/16.(jhi)
January 27, 2016 Opinion or Order Filing 30 MEMORANDUM OF THE CLERK. Pursuant to the #29 Order Referring Case entered by Judge Francisco A. Besosa on 1/26/16, this case has been randomly reassigned within the Case Assignment System to Magistrate Judge Marcos E. Lopez for all further proceedings, including the entry of judgment. All further pleadings shall bear only the initials of the Magistrate Judge next to the case number: Civil No. 15-2868 (MEL). Signed by Clerk on 1/27/16.(gsr)
January 26, 2016 Opinion or Order Filing 29 ORDER REFERRING CASE to a magistrate judge for all further proceedings, to include the entry of judgment. Signed by Judge Francisco A. Besosa on 01/26/2016. (brc)
January 26, 2016 Filing 28 PARTIAL JUDGMENT dismissing without prejudice all claims against K Mart Operations LLC. Signed by Judge Francisco A. Besosa on 1/26/16.(np)
January 26, 2016 Filing 27 PARTIAL JUDGMENT dismissing with prejudice all claims against DDR Atlantico LLC. Signed by Judge Francisco A. Besosa on 1/26/16.(np)
January 26, 2016 Opinion or Order Filing 26 ORDER re #14 Motion for Entry of Default: MOOT. Signed by Judge Francisco A. Besosa on 01/26/2016. (brc)
January 26, 2016 Opinion or Order Filing 25 ORDER re #22 Motion to Compel: GRANTED. Defendant K Mart Corporation will comply with Fed.R.Civ.P. 7.1 and Local Rule 7.1 no later than February 1, 2016. Signed by Judge Francisco A. Besosa on 01/26/2016. (brc)
January 26, 2016 Opinion or Order Filing 24 ORDER re #21 Notice of Voluntary Dismissal: GRANTED. Plaintiff's claims against defendant K Mart Operations LLC are DISMISSED without prejudice. Partial judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 01/26/2016. (brc)
January 26, 2016 Opinion or Order Filing 23 ORDER re #20 Notice of Voluntary Dismissal: GRANTED. Plaintiff's claims against defendant DDR Atlantico LLC are DISMISSED, with prejudice. Partial judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 01/26/2016. (brc)
January 25, 2016 Filing 22 MOTION to Compel K Mart Corporation to file a statement identifying all parent companies, subsidiaries and affiliates that have issued shares to the public (L.R. 7.1) filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 2/11/2016 (Velez-Colon, Jose)
January 25, 2016 Filing 21 NOTICE of Voluntary Dismissal without prejudice as to K Mart Operations LLC by Mercedes Arocho-Rodriguez (Velez-Colon, Jose)
January 25, 2016 Filing 20 NOTICE of Voluntary Dismissal as to DDR Atlantico LLC by Mercedes Arocho-Rodriguez (Velez-Colon, Jose)
January 13, 2016 Filing 19 RESPONSE in Opposition to Motion for Default Entry filed by K Mart Corporation Re: #14 MOTION for Default Entry as to Kmart Operations, LLC filed by Mercedes Arocho-Rodriguez filed by K Mart Corporation. (Attachments: #1 Exhibit 1)(Santos-Caraballo, Juan)
January 12, 2016 Opinion or Order Filing 18 ORDER re #17 Motion for Leave to Appear: NOTED. Signed by Judge Francisco A. Besosa on 01/12/2016. (brc)
January 12, 2016 Filing 17 MOTION for Leave to Appear filed by Gabriela Davila-Micheo on behalf of K Mart Corporation Suggestions in opposition/response due by 1/29/2016 (Davila-Micheo, Gabriela)
January 11, 2016 Filing 16 SUMMONS Returned Executed by Mercedes Arocho-Rodriguez upon DDR Atlantico LLC served on 1/11/2016, answer due 2/1/2016. (Velez-Colon, Jose)
January 11, 2016 Filing 15 SUMMONS Returned Executed by Mercedes Arocho-Rodriguez upon K Mart Corporation served on 1/11/2016, answer due 2/1/2016. (Velez-Colon, Jose)
January 11, 2016 Filing 14 MOTION for Default Entry as to Kmart Operations, LLC filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 1/28/2016 (Velez-Colon, Jose)
January 11, 2016 Opinion or Order Filing 13 SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 7/10/2017 09:00 AM in Courtroom 2 before Judge Francisco A. Besosa. Initial Scheduling Conference set for 4/8/2016 09:00 AM in Courtroom 2 before Judge Francisco A. Besosa. Pretrial/Settlement Conference set for 6/30/2017 09:00 AM in Courtroom 2 before Judge Francisco A. Besosa. Discovery due by 1/9/2017. Proposed Joint Pretrial Order due by 6/14/2017. Signed by Judge Francisco A. Besosa on 1/11/2016.(grf)
January 11, 2016 Opinion or Order Filing 12 ORDER re #11 Motion for Extension of Time to Answer : GRANTED. Absolutely no additional extensions will be allowed. A Case Management Order will issue forthwith. Signed by Judge Francisco A. Besosa on 1/11/2016. (grf)
January 8, 2016 Filing 11 MOTION for Extension of Time until January 29, 2016 to File Answer to the Complaint or Otherwise Plead re: #7 Amended Complaint, filed by Mercedes Arocho-Rodriguez filed by Juan F. Santos-Caraballo on behalf of K Mart Corporation Suggestions in opposition/response due by 1/25/2016 (Related document(s) #7 ) (Santos-Caraballo, Juan)
January 8, 2016 Filing 10 NOTICE of Substitution of Legal Representation by K Mart Corporation (Santos-Caraballo, Juan)
January 8, 2016 Filing 9 Summons Issued as to DDR Atlantico LLC, K Mart Corporation (jla)
December 31, 2015 Filing 8 MOTION for Issuance of Summons as to DDR ATLANTICO LLC, K Mart Corporation filed by Jose Carlos Velez-Colon on behalf of Mercedes Arocho-Rodriguez Suggestions in opposition/response due by 1/19/2016 (Velez-Colon, Jose)
December 29, 2015 Filing 7 AMENDED COMPLAINT as a matter of course pursuant to FRCP 15(a)(1) against Kmart Operations, LLC, K Mart Corporation, DDR ATLANTICO LLC, filed by Mercedes Arocho-Rodriguez. (Attachments: #1 Summons as to DDR Atlantico LLC, #2 Summons as to K Mart Corporation, #3 Exhibit (site plan))(Velez-Colon, Jose)
December 16, 2015 Opinion or Order Filing 6 ORDER re #5 Motion for Extension of Time to Answer: GRANTED. Answer deadline due by 1/14/2016. No additional extensions will be allowed. Signed by Judge Francisco A. Besosa on 12/16/2015. (brc)
December 15, 2015 Filing 5 MOTION for Extension of Time to File Answer to Complaint or Otherwise Plead re: #1 Complaint, filed by Mercedes Arocho-Rodriguez filed by Jose F. Benitez-Mier on behalf of Kmart Operations, LLC Suggestions in opposition/response due by 1/4/2016 (Related document(s) #1 ) (Benitez-Mier, Jose)
November 26, 2015 Filing 4 SUMMONS Returned Executed by Mercedes Arocho-Rodriguez upon Kmart Operations, LLC served on 11/24/2015, answer due 12/15/2015. (Velez-Colon, Jose)
November 20, 2015 Filing 3 Summons Issued as to Kmart Operations, LLC (arg)
November 20, 2015 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Francisco A. Besosa (arg)
November 18, 2015 Filing 1 COMPLAINT against Kmart Operations, LLC ( Filing fee $400 receipt number 0104-4676774.), filed by Mercedes Arocho-Rodriguez. Service due by 3/21/2016, (Attachments: #1 Exhibit I, #2 Category Sheet, #3 Civil Cover Sheet, #4 Summons as to Kmart Operations, LLC)(Velez-Colon, Jose)

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Plaintiff: Mercedes Arocho-Rodriguez
Represented By: Jose Carlos Velez-Colon
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Defendant: K Mart Corporation doing business as Kmart
Represented By: Gabriela Davila-Micheo
Represented By: Juan F. Santos-Caraballo
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Defendant: DDR Atlantico LLC doing business as Plaza del Atlantico Shopping Center
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Defendant: Kmart Operations, LLC doing business as Kmart
Represented By: Jose F. Benitez-Mier
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