Marcano-Martinez et al v. Cooperativa de Seguros Multiples de Puerto Rico et al
| Wanda Hernandez Diaz, Hector Marcano Martinez, Hector Marcano-Martinez and Wanda Hernandez-Diaz |
| Unknown Insurance Companies, A through H, Cooperativa de Seguros Multiples de Puerto Rico, A, B and C Corporations, John Does 1, 2 and 3 and John Doe |
| 3:2019cv01023 |
| January 9, 2019 |
| US District Court for the District of Puerto Rico |
| Silvia Carreno-Coll |
| Gustavo A Gelpi |
| Camille L Velez-Rive |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
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Filing 46
MANDATE of USCA as to #41 Notice of Appeal, filed by Wanda Hernandez-Diaz, Hector Marcano-Martinez; AFFIRMED. RE: 45 USCA JUDGMENT (mcm)
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Filing 45
USCA JUDGMENT as to #41 Notice of Appeal, filed by Wanda Hernandez-Diaz, Hector Marcano-Martinez; The district court's grant of summary judgment is AFFIRMED. (mcm)
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Filing 44
Printed Opinion of USCA dated 3/22/2021 as to #41 Notice of Appeal, filed by Wanda Hernandez-Diaz, Hector Marcano-Martinez. (mcm)
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Filing 43
USCA Case Number 20-1290 for #41 Notice of Appeal, filed by Wanda Hernandez-Diaz, Hector Marcano-Martinez. (xi)
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Filing 42
Certified and Transmitted Record on Appeal to US Court of Appeals re #41 Notice of Appeal, [Docket Entries 38, 39 & 41] (xi)
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Filing 41
NOTICE OF APPEAL as to #39 Judgment, #38 Order on Motion for Summary Judgment by Wanda Hernandez-Diaz, Hector Marcano-Martinez. Filing fee $505, receipt number 0104-6803171.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf (Efron, David)
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NOTICE of Docket Text Modification by Deputy Clerk re: #40 MOTION for Leave to Appeal re: #39 JUDGMENT, #38 OPINION AND ORDER. ***FILED IN ERROR-WRONG EVENT. Counsel to re-file using correct event*** (gmm)
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Filing 40
***FILED IN ERROR-WRONG EVENT*** MOTION for Leave to Appeal re: #39 JUDGMENT dismissing with prejudice all of plaintiffs' claims against defendants. Signed by Clerk on 2/18/2020.(yr), #38 OPINION AND ORDER granting #29 MOTION for Summary Judgment. Judgment shall be entered accordingly. Signed by US Magistrate Judge Camille L. Velez-Rive on 2/6/2020. (ari) Modified on 2/7/2020to edit title (gmm). filed by David Efron on behalf of All Plaintiffs Responses due by 3/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #39 , #38 ) (Efron, David) Modified on 2/21/2020 (gmm).
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Filing 39
JUDGMENT dismissing with prejudice all of plaintiffs' claims against defendants. Signed by Clerk on 2/18/2020.(yr)
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Filing 38
OPINION AND ORDER granting #29 MOTION for Summary Judgment. Judgment shall be entered accordingly. Signed by US Magistrate Judge Camille L. Velez-Rive on 2/6/2020. (ari) Modified on 2/7/2020to edit title (gmm).
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Filing 37
REPLY to Response to Motion In Opposition to Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico Re: #29 MOTION for Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico filed by Cooperativa de Seguros Multiples de Puerto Rico. (Attachments: #1 Reply to Opposition Statement of Material Facts)(Casal-Vazquez, Victor)
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Filing 36
MEMORANDUM in Support of Plaintiffs' #29 MOTION for Summary Judgment filed by All Plaintiffs filed by All Plaintiffs. (Efron, David) Modified on 12/19/2019 to edit docket text (gmm).
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Filing 35
***FILED IN ERROR-WRONG LOGIN***MEMORANDUM in Support of Plaintiffs'Motion Opposing Defendant CSM's Motion for Summary Judgment (Docket 29) filed by All Plaintiffs filed by All Plaintiffs. (Perez-Hernandez, Alberto) Modified on 12/18/2019 (gmm).
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NOTICE of Docket Text Modification by Deputy Clerk re: #35 Memorandum in support. ***FILED IN ERROR. Counsel filed using another counsel's login/password. To be re-filed.*** (gmm)
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Filing 34
***FILED IN ERROR-WRONG PDF***Memorandum in Support of Plaintiffs'Motion Opposing Defendant CSM'S Motion for Summary Judgment (Docket No. 29) filed by All Plaintiffs Re: #29 MOTION for Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico filed by All Plaintiffs. (Efron, David) Modified on 12/18/2019 as per filer's request (gmm).
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Filing 33
OPPOSING Statement of Material Facts with Respect to Statement of Uncontested Material Facts filed by All Plaintiffs Re: #29 MOTION for Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico filed by All Plaintiffs. (Attachments: #1 Exhibit A - Circular Letter, #2 Exhibit B - Sworn Statement - Wanda Hernandez, #3 Exhibit C - Sworn Statement- Hector Marcano, #4 Exhibit D - 247-2018)(Efron, David) Modified on 12/18/2019 to correct title (gmm).
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Filing 32
RESPONSE in Opposition to Motion for Summary Judgment filed by All Plaintiffs Re: #29 MOTION for Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico filed by All Plaintiffs. (Efron, David)
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Filing 31
ORDER granting #30 MOTION for Extension of Time until December 17, 2019 to File Response/Reply as to 29 MOTION for Summary Judgment. Opposition to Motion for Summary Judgment due by 12/17/2019. Signed by US Magistrate Judge Camille L. Velez-Rive on 11/26/2019. (ari)
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Filing 30
MOTION for Extension of Time until December 17, 2019 to File Response/Reply as to #29 MOTION for Summary Judgment filed by Cooperativa de Seguros Multiples de Puerto Rico filed by David Efron on behalf of All Plaintiffs Responses due by 12/10/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #29 ) (Efron, David)
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Filing 29
MOTION for Summary Judgment filed by Victor J. Casal-Vazquez on behalf of Cooperativa de Seguros Multiples de Puerto Rico Suggestions in Opposition to Summary Judgment due by 12/2/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Memorandum of Law in Support for Motion for Summary Judgment, #2 Statement of Uncontested Material Facts, #3 Exhibit Insurance Policy, #4 Exhibit Plaintiff's Initial Disclosures, #5 Exhibit Unsworn Statement JCS, #6 Exhibit Unsworn Statement IRD, #7 Exhibit Unsworn Statement RTT, #8 Exhibit OIC Ruling Letter)(Casal-Vazquez, Victor)
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Filing 28
ORDER noted #23 Motion In Compliance. The request to strike Exhibit E of Docket No. 22 is denied. Accordingly, Raisa E. Torres-Torres will be allowed to testify at trial. The inspection of the property is allowed and the same should have been done on 10/31/19 as informed in Docket No. 24. Defendant has raised a matter of law in Docket No. 23. As such, the parties are granted until 12/2/2019 to file dispositive motions. This deadline is firm and will not be extended except for just cause. The Pre-Trial/Settlement Conference and the Jury Trial will be promptly set after dispositive motions are entertained. Signed by US Magistrate Judge Camille L. Velez-Rive on 11/05/2019. (cvr)
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Filing 27
ORDER noted #22 Motion In Compliance. Signed by US Magistrate Judge Camille L. Velez-Rive on 11/05/2019. (cvr)
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Filing 26
MEMORANDUM OF THE CLERK. Pursuant to the Order of Recusal entered by US Magistrate Judge Silvia Carreno-Coll (Docket No. 25), this case has been randomly reassigned to US Magistrate Judge Camille L. Velez-Rive. Signed by Clerk on 11/4/2019. (nat)
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Filing 25
ORDER OF RECUSAL. US Magistrate Judge Silvia Carreno-Coll recused. Signed by US Magistrate Judge Silvia Carreno-Coll on 11/4/2019.(mcv)
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Filing 24
RESPONSE to Motion filed by All Plaintiffs Re: #23 Motion In Compliance as to 21 Order, Set Deadlines filed by Cooperativa de Seguros Multiples de Puerto Rico filed by All Plaintiffs. (Efron, David)
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Filing 23
Motion In Compliance as to 21 Order, Set Deadlines filed by Victor J. Casal-Vazquez on behalf of Cooperativa de Seguros Multiples de Puerto Rico Responses due by 11/12/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Letter to Plaintiff's Attorney, #2 Exhibit Correspondence)(Related document(s) 21 ) (Casal-Vazquez, Victor)
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Filing 22
Motion In Compliance as to 21 Order, Set Deadlines filed by David Efron on behalf of All Plaintiffs Responses due by 11/8/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) 21 ) (Efron, David)
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Filing 21
ORDER: The parties are granted until 10/28/2019 to inform the Court the status of the case. Signed by US Magistrate Judge Silvia Carreno-Coll on 10/23/2019. (mcv)
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Filing 20
ORDER denying #18 Motion to Compel. Signed by US Magistrate Judge Silvia Carreno-Coll on 5/31/2019. (VCC)
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Filing 19
RESPONSE in Opposition to Motion to Compel filed by All Plaintiffs Re: #18 MOTION to Compel filed by Cooperativa de Seguros Multiples de Puerto Rico filed by All Plaintiffs. (Efron, David)
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Filing 18
MOTION to Compel filed by Victor J. Casal-Vazquez on behalf of Cooperativa de Seguros Multiples de Puerto Rico Responses due by 6/5/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Casal-Vazquez, Victor)
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Filing 17
Minute Entry for proceedings held before US Magistrate Judge Silvia Carreno-Coll: An Initial Scheduling/Settlement Conference was held on 4/12/2019. Deadline to supplement Initial Disclosures under Rule 26 due by 4/26/2019. Submission of written discovery, Interrogatories, Requests for production of documents, Requests for admissions, and Deadline for defendants to submit expert witness(es) due by 5/1/2019. Deadline for plaintiffs to submit expert report(s) due by 5/10/2019. Deadline for defendants to submit expert witnesses due by 6/10/2019. Deadline to conclude discovery due by 6/30/2019. Deadline to file motions for summary judgment or any other dispositive motion due by 7/30/2019. Deadline to file answers to motions for summary judgment or any other dispositive motion due by 8/30/2019. (mcv)
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Filing 16
MEMORANDUM OF THE CLERK: By Order of Judge Gustavo A. Gelpi (Docket No. 15), this case has been reassigned within the Case Assignment System to Magistrate Judge Silvia Carreno-Coll to conduct 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. 19-1023(SCC). Judge Gelpi is no longer assigned to this case. Signed by Clerk on 04/02/2019. (gr)
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Filing 15
ORDER: Given the parties' consent - see ISC (Docket No. 14 at section IV A and B,) this case is hereby referred to Magistrate Judge Silvia Carreno-Coll for all further proceedings, including entry of judgment as per 28 U.S.C sec 636. Signed by Judge Gustavo A. Gelpi on 4/1/2019. (AGF)
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Filing 14
Joint INITIAL SCHEDULING CONFERENCE MEMORANDUM by Wanda Hernandez-Diaz, Hector Marcano-Martinez, Cooperativa de Seguros Multiples de Puerto Rico. (Efron, David) Modified on 4/2/2019 to add filer and edit title (gmm).
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Filing 13
ORDER granting #12 Motion to Continue. The Initial Scheduling/Settlement Conference is reset for 4/12/2019 at 11:00 AM in SCC's Chambers before US Magistrate Judge Silvia Carreno-Coll. Signed by US Magistrate Judge Silvia Carreno-Coll on 3/8/2019. (mcv)
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| Filing 12 MOTION to Continue Scheduling/Settlement Conference filed by Victor J. Casal-Vazquez on behalf of Cooperativa de Seguros Multiples de Puerto Rico Responses due by 3/21/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casal-Vazquez, Victor) |
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Filing 11
ORDER: A Joint ISC Memorandum is due by 4/1/2019 covering all items in Judge Gelpi's Order at Docket No. #9 . An Initial Scheduling/Settlement Conference is set for 4/11/2019 at 9:30 AM in SCC's Chambers before US Magistrate Judge Silvia Carreno-Coll. Joint Motions to continue the Initial Scheduling and Settlement Conference shall include three alternative dates in which all parties are available. Signed by US Magistrate Judge Silvia Carreno-Coll on 3/5/2019.(mcv)
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| Filing 10 MEMORANDUM OF THE CLERK: By #9 Order of Judge Gustavo A. Gelpi, this case is hereby referred to Magistrate Judge Silvia Carreno-Coll to conduct an Initial Settlement and Scheduling Conference during the month of April 2019. Signed by Clerk on 03/04/2019. (gr) |
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Silvia Carreno-Coll for Initial Settlement and Scheduling Conference. Failure to comply in a timely manner with the deadlines and directives detailed in this referral order may result in the imposition of sanctions. Signed by Judge Gustavo A. Gelpi on 3/4/2019. (gmm)
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| Filing 8 ANSWER to #1 Complaint, filed by Victor J. Casal-Vazquez on behalf of Defendant Cooperativa de Seguros Multiples de Puerto Rico.(Casal-Vazquez, Victor) |
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Filing 7
ORDER: Granting as requested #6 Motion for Extension of Time to Answer. Signed by Judge Gustavo A. Gelpi on 2/1/2019. (AGF)
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| Filing 6 MOTION for Extension of Time until March 3, 2019 to File Answer filed by Victor J. Casal-Vazquez on behalf of Cooperativa de Seguros Multiples de Puerto Rico Responses due by 2/14/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casal-Vazquez, Victor) |
| Filing 5 STANDING ORDERS: (1) DISCOVERY DISPUTES, (2) COURTESY COPIES, (3) DEPOSITIONS IN CIVIL CASES, (4) CONSENT TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE, (5) COMMUNICATIONS BY COUNSEL OR THEIR STAFF WITH JUDGE GELPI'S CHAMBERS' STAFF, (6) CODE OF CIVILITY.(rom) |
| Filing 4 SUMMONS Returned Executed by All Plaintiffs upon Cooperativa de Seguros Multiples de Puerto Rico served on 1/10/2019, answer due 1/31/2019. (Efron, David) |
| Filing 3 Summons Issued as to Cooperativa de Seguros Multiples de Puerto Rico (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Gustavo A. Gelpi (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6211766.), filed by Hector Marcano Martinez, Wanda Hernandez Diaz. Service due by 4/9/2019, (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons)(Efron, David) |
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