Rivera-Marcucci et al v. Department of Education of Puerto Rico et al
| Rivera-Marcucci, Elena Rivera-Marcucci and A.R.R. |
| Department of Education of Puerto Rico and Commonwealth of Puerto Rico |
| 3:2017cv01422 |
| March 31, 2017 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| Bayamon |
| Pedro A Delgado-Hernandez |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 23, 2018. A more recent docket listing may be available from PACER.
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Filing 45
ORDER: Granting #42 "Motion Requesting Order for Disbursement of Funds." Signed by Judge Pedro A. Delgado-Hernandez on 1/23/2018. (ebb)
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Filing 44
ORDER: Noting #41 "Motion to Deposit Funds." Signed by Judge Pedro A. Delgado-Hernandez on 1/23/2018. (ebb)
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Filing 43
ORDER: Granting #40 "Motion to Restrict." Signed by Judge Pedro A. Delgado-Hernandez on 1/23/2018. (ebb)
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| Filing 42 MOTION for Disbursement of Funds filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 2/2/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vizcarrondo-Torres, Francisco) |
| Filing 41 **CASE PARTICIPANTS** MOTION to Deposit Funds filed by Melissa Massheder-Torres on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 1/31/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Check)(Massheder-Torres, Melissa) |
| Filing 40 MOTION to Restrict Document filed by Melissa Massheder-Torres on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 1/31/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Massheder-Torres, Melissa) |
| DEPOSIT of Funds in the amount of $ SEALED, receipt number PRX100053550.( RE. DKT: 41)To be deposited on the next working day in an interest bearing account in compliance with L.Cv.R. 67. **FUNDS WILL BE AVAILABLE FOR DISBURSEMENT AFTER 7 WORKING DAYS** (arg) |
| Filing 39 JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 12/27/2017.(LMR) |
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Filing 38
ORDER re: #36 "Confidential Settlement Agreement." The Settlement Agreement is approved. Judgment shall be entered accordingly. In light of ongoing PROMESA proceedings, the request for the court to retain jurisdiction is denied. The court has serious reservations as to its authority to assume the enforcement role that the parties request. Signed by Judge Pedro A. Delgado-Hernandez on 12/27/2017.(LMR)
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Filing 37
ORDER: Granting #35 "Motion to Restrict." Signed by Judge Pedro A. Delgado-Hernandez on 12/27/2017. (LMR)
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| Filing 36 **CASE PARTICIPANTS**SETTLEMENT AGREEMENT Confidential Settlement Agreement by A.R.R., Elena Rivera-Marcucci. (Vizcarrondo-Torres, Francisco) |
| Filing 35 Joint MOTION to Restrict Document Regarding Confidential Settlement Agreement filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 1/5/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vizcarrondo-Torres, Francisco) |
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Filing 34
ORDER: Denying #33 "Motion Requesting Order Updating Deadline..." Signed by Judge Pedro A. Delgado-Hernandez on 11/30/2017. (LMR)
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| Filing 33 MOTION requesting Order Updating Deadline for Defendants' Opposition to the Memorandum at Docket No. 32 filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 12/14/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vizcarrondo-Torres, Francisco) |
| Filing 32 MEMORANDUM in Support of Request for Payment of Attorney's Fees and Costs filed by All Plaintiffs Re: #1 Complaint, filed by Elena Rivera-Marcucci, A.R.R. filed by All Plaintiffs. (Attachments: #1 Exhibit 1, Invoice # 16406)(Vizcarrondo-Torres, Francisco) |
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Filing 31
ORDER: Noting #30 "Informative Motion." The stay is modified accordingly. Plaintiffs shall submit their Memorandum in support of the petition at Docket No. 1 not later than by 12/15/2017. Opposition(s) thereto shall be filed by 1/15/2018. Signed by Judge Pedro A. Delgado-Hernandez on 11/15/2017. (LMR)
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| Filing 30 INFORMATIVE Motion regarding Lift of Stay filed by Melissa Massheder-Torres on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 11/28/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Stipulation)(Massheder-Torres, Melissa) |
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Filing 29
ORDER: Noting #28 "Notice of Appearance." Signed by Judge Pedro A. Delgado-Hernandez on 11/13/2017. (ebb)
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| Filing 28 NOTICE of Appearance filed by Melissa Massheder-Torres on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 11/27/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Massheder-Torres, Melissa) Modified on 11/13/2017 to terminate as motion (mr). |
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Filing 27
ORDER: Denying pending appearance of new legal representation #26 "Motion to Withdraw." Signed by Judge Pedro A. Delgado-Hernandez on 11/9/2017. (LMR)
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| Filing 26 MOTION to Withdraw Attorney as to Yanina Rufat-Garcia filed by Yanina Rufat-Garcia on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 11/22/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rufat-Garcia, Yanina) |
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Filing 25
ORDER: Denying #10 "Motion for Reconsideration;" Noting #19 "Supplemental Motion." The stay ordered at Docket No. 9 remains. See also, Civil No. 17-1419 at Docket No. 15. This court is not authorized to lift bankruptcy stays. Accordingly, the case administratively closed. It may be reopened upon motion of any party should the stay be lifted or the bankruptcy proceedings conclude, whichever shall first occur. Signed by Judge Pedro A. Delgado-Hernandez on 7/24/2017. (LMR)
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| Filing 24 REPLY to Response to Motion Reply to Defendants' Response to Urgent Motion for Reconsideration filed by All Plaintiffs Re: #10 Emergency MOTION for Reconsideration re 9 Order, filed by Elena Rivera-Marcucci, A.R.R. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Vizcarrondo-Torres, Francisco) |
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Filing 23
ORDER: Noting #21 "Motion submitting." The reply shall be electronically filed forthwith. Signed by Judge Pedro A. Delgado-Hernandez on 6/22/2017. (LMR)
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Filing 22
ORDER: Granting #20 "Motion for Leave to Exceed Page Limit." Signed by Judge Pedro A. Delgado-Hernandez on 6/22/2017. (LMR)
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| Filing 21 MOTION Submitting tendered reply memorandum pending decision on leave to file excess pages re: #15 Response to Motion, filed by Department of Education of Puerto Rico, Commonwealth of Puerto Rico filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 7/6/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Tendered Reply Memorandum, #2 Exhibit Exhibit #1 of Tendered Reply Memorandum)(Related document(s) #15 ) (Vizcarrondo-Torres, Francisco) |
| Filing 20 MOTION for Leave to File Document Regarding Reply Memorandum in Excess Pages filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 7/5/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vizcarrondo-Torres, Francisco) |
| Filing 19 Amended Supplemental Motion re: #10 Emergency MOTION for Reconsideration re 9 Order, filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 6/27/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #10 ) (Vizcarrondo-Torres, Francisco) |
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Filing 18
ORDER: Granting #14 "Motion for Leave to File Amended Supplemental Motion." The Amended Supplemental Motion shall be electronically filed forthwith. Signed by Judge Pedro A. Delgado-Hernandez on 6/13/2017. (LMR)
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Filing 17
ORDER: Granting #16 "Motion for Leave to File Reply." Signed by Judge Pedro A. Delgado-Hernandez on 6/13/2017. (LMR)
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| Filing 16 MOTION for Leave to File Document Regarding Reply Memorandum to Defendants' Response at Docket Entry 15 filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 6/27/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vizcarrondo-Torres, Francisco) |
| Filing 15 RESPONSE to Motion for Reconsideration filed by Commonwealth of Puerto Rico, Department of Education of Puerto Rico Re: #10 Emergency MOTION for Reconsideration re 9 Order, filed by Elena Rivera-Marcucci, A.R.R. filed by Commonwealth of Puerto Rico, Department of Education of Puerto Rico. (Rufat-Garcia, Yanina) |
| Filing 14 MOTION for Leave to File Document Regarding Amended/Updated Supplemental Motion to the Motion for Reconsideration filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 6/26/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, Tendered Motion)(Vizcarrondo-Torres, Francisco) |
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Filing 13
ORDER: Granting #12 "Motion for Leave to File." The supplemental motion shall be electronically filed forthwith. If defendants wish to respond to the supplemental motion, they shall do so by 6/12/2017. Signed by Judge Pedro A. Delgado-Hernandez on 6/7/2017. (LMR)
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| Filing 12 MOTION for Leave to File Document Regarding Supplemental Motion to the Motion for Reconsideration filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 6/15/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, Tendered Motion)(Vizcarrondo-Torres, Francisco) |
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Filing 11
ORDER re #10 "Urgent Motion for Reconsideration Pursuant to the Supremacy Clause, PROMESA's Sections 4 and 7, IDEA's Sections 1412(a)(6), 1415(i)(2)(A), (i)(3), and Bankruptcy Code's Section 362(b)(4)": Defendants shall respond by June 12, 2017. Signed by Judge Pedro A. Delgado-Hernandez on 5/31/2017. (ebb)
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| Filing 10 Emergency MOTION for Reconsideration re 9 Order, filed by Francisco J. Vizcarrondo-Torres on behalf of All Plaintiffs Responses due by 6/8/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 9 ) (Vizcarrondo-Torres, Francisco) |
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Filing 9
ORDER: Noting #8 "Notice of Commencement of Case Under Title III of Promesa." The case is stayed pending further court order. 48 USC Sec. 2161(a), 11 USC Secs. 362, 922 Signed by Judge Pedro A. Delgado-Hernandez on 5/25/2017.(LMR) Modified on 7/24/2017 to correct related docket (mr).
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| Filing 8 NOTICE of Commencement of Case Under Tittle III of PROMESA and Motion for Automatic Stay of Proceedings by Commonwealth of Puerto Rico, Department of Education of Puerto Rico re #1 Complaint, (Rufat-Garcia, Yanina) Modified on 5/23/2017 to change event to motion (mr). |
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Filing 7
ORDER: Noting and Granting #6 "Leave to Appear and Extension of Time to Answer the Complaint." The Department of Education shall answer the complaint or otherwise plead by 5/24/2017. Signed by Judge Pedro A. Delgado-Hernandez on 4/25/2017. (LMR)
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| Filing 6 MOTION for Leave to Appear and, MOTION for extension of time until May 24, 2017 to answer complaint or otherwise plead filed by Yanina Rufat-Garcia on behalf of Commonwealth of Puerto Rico, Department of Education of Puerto Rico Responses due by 5/8/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rufat-Garcia, Yanina) |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs upon Commonwealth of Puerto Rico served on 4/4/2017, answer due 4/25/2017. (Vizcarrondo-Torres, Francisco) |
| Filing 4 SUMMONS Returned Executed by All Plaintiffs upon Department of Education of Puerto Rico served on 4/4/2017, answer due 4/25/2017. (Vizcarrondo-Torres, Francisco) |
| Filing 3 Summons Issued as to Commonwealth of Puerto Rico, Department of Education of Puerto Rico (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-5376791.), filed by Elena Rivera-Marcucci, A.R.R.. Service due by 6/29/2017, (Attachments: #1 Statement Under Penalty of Perjury, #2 Exhibit 1, Invoice # 16051, #3 Civil Cover Sheet, #4 Category Sheet, #5 Summons, #6 Summons)(Vizcarrondo-Torres, Francisco) |
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