Vicens-Segura et al v. Glover et al
| Marley Vicens-Torrens, Katgie Torrens-Betancourt, Conjugal Partnership Vicens-Torrens, Enzo Vicens-Torrens and Michael Vicens-Segura |
| Chris Pontius, Mudflap Media, LLC, Stephen Glover and Scott Randolph |
| Jovan Mejias d/b/a/ Rincon Waves Hydroflights and Fabiola Cordero |
| 3:2019cv01189 |
| February 27, 2019 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Jay A Garcia-Gregory |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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Filing 113
ORDER noted and granted #110 INFORMATIVE motion. The Clerk of Court shall take notice. Signed by Judge Jay A. Garcia-Gregory on 8/26/2022. (ERC)
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Filing 112
ORDER granting #111 Motion for extension of time. JOINT Scheduling Memorandum is now due by 9/13/2022. Signed by Judge Jay A. Garcia-Gregory on 8/26/2022. (ERC)
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| Filing 111 First MOTION for extension of time until 20 days filed by John M. Phillips on behalf of Michael Vicens-Segura Responses due by 9/8/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Phillips, John) |
| Filing 110 INFORMATIVE Motion regarding Cease of notifications filed by Ruben T. Nigaglioni on behalf of All Plaintiffs Responses due by 9/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Nigaglioni, Ruben) |
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Filing 109
SCHEDULING ORDER/CASE MANAGEMENT ORDER. (i) JOINT Initial Scheduling Memorandum is due by 8/29/2022; (ii) Jury Trial is set for 3/7/2023 10:30 AM in Old San Juan Courtroom before Judge Jay A. Garcia-Gregory; (iii) Pretrial/Settlement Conference is set for 2/21/2023 01:30 PM in Old San Juan Courtroom before Judge Jay A. Garcia-Gregory; and (iv) Proposed Pretrial Order due by 2/13/2023. Signed by Judge Jay A. Garcia-Gregory on 8/18/2022. (ERC) Modified on 8/18/2022 to upload document (gav).
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Filing 108
ORDER denying #95 Motion for Leave to File Amended Complaint. "[A] party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). "Grounds for denial [of leave to amend complaint] include undue delay, bad faith or dilatory motive[.]" Villanueva v. United States, 662 F.3d 124, 127 (1st Cir. 2011) (citations omitted). Here, Plaintiffs seek to amend the complaint almost three years after filing the original complaint. The extent of Plaintiffs' argument in favor of seeking to amend is to generally state that "whether by excusable neglect of prior counsel, newly discovered evidence and/or matters which were otherwise withheld from discovery, additional information has revealed additional facts, claims and parties." Docket No. 95 at 2. Given the amount of time elapsed since the filling of the original complaint and Plaintiffs' failure to provide the Court with any developed argumentation justifying the lapse of time, the Court DENIES the motion because of undue delay. As such, the Court need not address Defendants and Third-Party Defendants arguments as to futility of the proposed amendments. Signed by Judge Jay A. Garcia-Gregory on 8/18/2022. (ERC)
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| Filing 107 ANSWER to #58 Third Party Complaint, filed by Javier A. Rivera-Vaquer on behalf of Third Party Defendants Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights.(Rivera-Vaquer, Javier) |
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Filing 106
ORDER noted #83 Defendants and Third Party Plaintiffs #83 Motion fully complies with this Courts ORDER TO SHOW CAUSE 79 . Under Fed. R. Civ. P. 14, "the third-party complaint must contend that if defendant/third-party plaintiff were found liable to plaintiff, then defendant/third-party plaintiff has a right under substantive law to transfer his liability derived from the original complaint to third-party defendant." Lopez de Robinson v. United States, 162 F.R.D. 256, 258 (D.P.R. 1995). The Third-Party Complaint has done so here. Signed by Judge Jay A. Garcia-Gregory on 4/12/2022. (ERC)
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| Filing 105 MEMORANDUM in Opposition to #95 Motion for Leave to Amend the Complaint filed by Stephen Glover, Mudflap Media, LLC, Chris Pontius filed by Stephen Glover, Mudflap Media, LLC, Chris Pontius. (Miranda-Rivera, Gabriel) Modified on 3/14/2022 to remove italics (gav). |
| Filing 104 RESPONSE in Opposition to Motion filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Re: #95 MOTION to Amend/Correct Complaint Re: #1 Complaint,, filed by Michael Vicens-Segura, Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Marley Vicens-Torrens, Enzo Vicens-Torrens filed by Conjugal Partnership Vicens-Torrens filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights. (Rivera-Vaquer, Javier) |
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Filing 103
ORDER noted #100 INFORMATIVE Motion regarding cease of notifications; noted #99 INFORMATIVE Motion regarding cease of notifications to counsel. The Clerk of Court shall take notice. Signed by Judge Jay A. Garcia-Gregory on 3/7/2022. (ERC)
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Filing 102
ORDER granting #97 Joint MOTION for extension of time until March 4, 2022 (21 days) to Oppose Leave to File Amended Complaint [DKT 95]; granting #98 MOTION for extension of time until March 11, 2022 to File response; and granting #101 Joint MOTION for extension of time until March 11, 2022 (7 days) to Oppose Leave to File Amended Complaint [DKT 95]. Responses now due by 3/11/2022. Signed by Judge Jay A. Garcia-Gregory on 3/7/2022. (ERC)
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| Filing 101 Joint MOTION for extension of time until March 11, 2022 (7 days) to Oppose Leave to File Amended Complaint [DKT 95] filed by Gabriel A. Miranda-Rivera on behalf of Stephen Glover, Mudflap Media, LLC, Chris Pontius Responses due by 3/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
| Filing 100 INFORMATIVE Motion regarding cease of notifications filed by Ruben T. Nigaglioni on behalf of All Plaintiffs Responses due by 3/3/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Nigaglioni, Ruben) |
| Filing 99 INFORMATIVE Motion regarding cease of notifications to counsel filed by Ruben T. Nigaglioni on behalf of All Plaintiffs Responses due by 3/3/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Nigaglioni, Ruben) |
| Filing 98 MOTION for extension of time until March 11, 2022 to File response filed by Javier A. Rivera-Vaquer on behalf of Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Responses due by 2/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Vaquer, Javier) |
| Filing 97 Joint MOTION for extension of time until March 4, 2022 (21 days) to Oppose Leave to File Amended Complaint [DKT 95] filed by Gabriel A. Miranda-Rivera on behalf of Stephen Glover, Mudflap Media, LLC, Chris Pontius Responses due by 2/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
| Filing 96 NOTICE TO PRO HAC VICE Jose Antonio Leon re: 94 Order,, Terminate Motions, : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (gav) |
| Filing 95 MOTION to Amend/Correct Complaint Re: #1 Complaint filed by Michael Vicens-Segura, Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Marley Vicens-Torrens, Enzo Vicens-Torrens filed by Samuel F. Pamias-Portalatin on behalf of Conjugal Partnership Vicens-Torrens Responses due by 2/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exh_A_Amended Complaint, #2 Exhibit Exh_A_1, #3 Exhibit Exh_A_2, #4 Exhibit Exh_A_3, #5 Exhibit Exh_A_4, #6 Exhibit Exh_A_5)(Related document(s) #1 ) (Pamias-Portalatin, Samuel) Modified on 1/31/2022 to remove italics (gav). |
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Filing 94
ORDER granting #91 Motion to allow John M. Phillips to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7482358); granting #92 Motion to allow Jose A Leon to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7482383); and granting #93 MOTION to Withdraw Attorney as to Ruben T. Nigaglioni. Signed by Judge Jay A. Garcia-Gregory on 10/25/2021. (ERC)
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| Filing 93 MOTION to Withdraw Attorney filed by Ruben T. Nigaglioni on behalf of All Plaintiffs. Responses due by 10/22/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Nigaglioni, Ruben) Modified on 10/12/2021 to edit text (gav). |
| Filing 92 Motion to allow Jose A Leon to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7482383) filed by Samuel F. Pamias-Portalatin on behalf of All Plaintiffs Responses due by 10/20/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order)(Pamias-Portalatin, Samuel) |
| Filing 91 Motion to allow John M. Phillips to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7482358) filed by Samuel F. Pamias-Portalatin on behalf of All Plaintiffs Responses due by 10/20/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order)(Pamias-Portalatin, Samuel) |
| Filing 90 REPLY to Response to Motion filed by Mudflap Media, LLC Re: #83 Motion In Compliance as to 79 Order to Show Cause,,,, filed by Mudflap Media, LLC filed by Mudflap Media, LLC. (Miranda-Rivera, Gabriel) |
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Filing 89
ORDER granting #88 Motion for Leave to File Reply. Reply shall be filed via separate docket entry by 6/9/2021. Signed by Judge Jay A. Garcia-Gregory on 6/4/2021. (ERC)
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| Filing 88 MOTION for Leave to File Document - Motion for Leave to file Reply and Tendered Reply filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 6/9/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Miranda-Rivera, Gabriel) Modified on 5/27/2021 to remove italics (gav). |
| Filing 87 RESPONSE in Opposition to Motion filed by Jovan Mejias d/b/a/ Rincon Waves Hydroflights Re: #83 Motion In Compliance as to 79 Order to Show Cause,,,, filed by Mudflap Media, LLC filed by Jovan Mejias d/b/a/ Rincon Waves Hydroflights. (Rivera-Vaquer, Javier) |
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Filing 86
ORDER granting #85 Motion for extension of time. Response brief now due by 5/19/2021. Signed by Judge Jay A. Garcia-Gregory on 5/17/2021. (ERC)
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| Filing 85 MOTION for extension of time until May 19, 2021 to file response filed by Javier A. Rivera-Vaquer on behalf of Jovan Mejias d/b/a/ Rincon Waves Hydroflights Responses due by 5/28/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Vaquer, Javier) |
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Filing 84
ORDER granting #82 Motion to Withdraw. Attorney Catherine Rodriguez is terminated from the case. Signed by Judge Jay A. Garcia-Gregory on 5/12/2021. (ERC)
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| Filing 83 Motion In Compliance as to 79 Order to Show Cause,,,, filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 5/21/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 79 ) (Miranda-Rivera, Gabriel) |
| Filing 82 MOTION to Withdraw Filler Rodrguez LLC as counsel of record filed by Ruben T. Nigaglioni on behalf of All Plaintiffs Responses due by 5/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Nigaglioni, Ruben) Modified on 5/4/2021 remove italics (gav). |
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Filing 81
ORDER granting #80 Motion for extension of time. Third-Party Plaintiff's brief is now due by 5/7/2021. Third-Party Defendants' response brief is due by 5/14/2021. Signed by Judge Jay A. Garcia-Gregory on 5/3/2021. (ERC)
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| Filing 80 MOTION for extension of time until 05/07/2021 (4 days) to Comply with the Court's Order at Docket No. 79 filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 5/14/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
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Filing 79
ORDER TO SHOW CAUSE as to why the Court should not dismiss the Third-Party Complaint pursuant to Fed. R. Civ. P. 14, considering that the alleged breach of contract claim between Mudflap Media LLC and third-party defendants appears to be factually and legally independent from the main action in this case. See, e.g., Lopez de Robinson v. United States, 162 F.R.D. 256, 258 (D.P.R. 1995) (noting that, under Rule 14(a), a third-party complaint "must contend that if [a] third-party plaintiff were found liable to plaintiff, then defendant/third-party plaintiff has a right under substantive law to transfer [its] liability derived from the original complaint to third-party defendant."); Lehman v. Revolution Portfolio L.L.C., 166 F.3d 389, 393-94 (1st Cir. 1999) ("[T]hird-party practice [exists] when a non-party is or may be liable for all or part of the plaintiff's claim against the defendant."). Third-Party Plaintiff's brief on this matter due by 5/3/2021. Third-Party Defendants' response brief due by 5/10/2021. Signed by Judge Jay A. Garcia-Gregory on 4/12/2021. (MQ)
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Filing 78
ORDER denying #68 Motion to Dismiss for Failure to State a Claim. For the reasons stated in Mudflap Media LLC's Opposition, Docket No. #74 , the Court finds that Mudflap Media LLC's third-party complaint sufficiently pleads a breach of contract claim against Jovan Mejias d/b/a Rincon Waves Hydroflights et. al. Hence, the Motion to Dismiss the Third-Party Complaint, Docket No. #68 , is DENIED. Signed by Judge Jay A. Garcia-Gregory on 3/31/2021. (MQ)
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| Filing 77 REPLY to Response to Motion filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Re: #68 MOTION to Dismiss for Failure to State a Claim filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights. (Rivera-Vaquer, Javier) |
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Filing 76
ORDER granting #75 Motion for extension of time; granting #75 Motion for Leave to File. Reply is due by 10/07/2020. Signed by Judge Jay A. Garcia-Gregory on 10/05/2020. (ERC)
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| Filing 75 MOTION for extension of time until October 7, 2020 to file Reply Memorandum, MOTION for Leave to File Document filed by Javier A. Rivera-Vaquer on behalf of Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Responses due by 10/14/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Vaquer, Javier) |
| Filing 74 RESPONSE in Opposition to Motion to Dismiss filed by Mudflap Media, LLC Re: #68 MOTION to Dismiss for Failure to State a Claim filed by Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights filed by Mudflap Media, LLC. (Miranda-Rivera, Gabriel) |
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Filing 73
ORDER granting #72 Motion for extension of time. Response to the Motion to Dismiss is now due by 9/23/2020. Signed by Judge Jay A. Garcia-Gregory on 9/21/2020. (ERC)
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| Filing 72 Consent MOTION for extension of time until 09/23/2020 to Oppose Motion to Dismiss filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 10/1/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
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Filing 71
ORDER granting #70 Motion for extension of time. Response to Motion to Dismiss is now due by 9/18/2020. Signed by Judge Jay A. Garcia-Gregory on 9/10/2020. (ERC)
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| Filing 70 MOTION for extension of time until 09/18/20 to file Opposition to Motion to Dismiss Third-Party Complaint filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 9/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
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Filing 69
ORDER granting #67 Motion for Extension of Time to File. Signed by Judge Jay A. Garcia-Gregory on 8/14/2020. (ERC)
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| Filing 68 MOTION to Dismiss for Failure to State a Claim filed by Javier A. Rivera-Vaquer on behalf of Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Responses due by 8/28/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Jet-Ski Rental Agreement)(Rivera-Vaquer, Javier) |
| Filing 67 MOTION for Extension of Time until August 14, 2020 to file Motion to Dismiss filed by Javier A. Rivera-Vaquer on behalf of Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights Responses due by 8/24/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Vaquer, Javier) |
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Filing 66
ORDER granting #65 Motion for extension of time. Response to #58 Third Party Complaint is now due by 8/10/2020. Signed by Judge Jay A. Garcia-Gregory on 7/17/2020. (ERC)
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| Filing 65 MOTION for extension of time until August 10,2020 to Answer Third Party Complaint or Otherwise Plead filed by Javier A. Rivera-Vaquer on behalf of Fabiola Cordero, Jovan Mejias d/b/a/ Rincon Waves Hydroflights. Responses due by 7/24/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Vaquer, Javier) Modified on 7/22/2020 to edit docket text (vso). |
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Filing 64
ORDER granting #61 Motion for extension of time to Serve Process. Signed by Judge Jay A. Garcia-Gregory on 7/1/2020. (ERC)
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Filing 63
ORDER granting #56 Motion for Leave to File Third-Party Claims. Signed by Judge Jay A. Garcia-Gregory on 7/1/2020. (ERC)
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| Filing 62 SUMMONS Returned Executed by Mudflap Media, LLC upon Fabiola Cordero served on 6/26/2020, answer due 7/17/2020; Jovan Mejias d/b/a/ Rincon Waves Hydroflights served on 6/26/2020, answer due 7/17/2020. (Miranda-Rivera, Gabriel) |
| Filing 61 MOTION for extension of time until 08/10/2020 to Serve Process filed by Gabriel A. Miranda-Rivera on behalf of Mudflap Media, LLC Responses due by 6/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
| Filing 60 Summons Issued as to Fabiola Cordero and Jovan Mejias d/b/a/ Rincon Waves Hydroflights. (Attachments: #1 Summons for Third Party Complaint) (rim) |
| Filing 59 NOTICE of Filing Exhibits Summons re #58 Third Party Complaint, filed by Mudflap Media, LLC (Attachments: #1 Summons) (Echavarri-Junco, Christian) |
| Filing 58 THIRD PARTY COMPLAINT against Jovan Mejias d/b/a/ Rincon Waves Hydroflights, Fabiola Cordero, filed by Mudflap Media, LLC. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons Jovan Mejias d/b/a/ Rincon Waves Hydroflights, #4 Summons Fabiola Cordero)(Echavarri-Junco, Christian) |
| Filing 57 ANSWER TO COUNTERCLAIM, Docket #55 Counterclaim by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura. (Nigaglioni, Ruben) Modified on 3/6/2020 to edit docket title. (mg). |
| Filing 56 MOTION for Leave to File Document - Motion for Leave to File Third-Party Claims filed by Gabriel A. Miranda-Rivera on behalf of Stephen Glover, Mudflap Media, LLC Responses due by 3/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel) |
| Filing 55 ANSWER to #1 Complaint,, with Jury Demand , COUNTERCLAIM against Conjugal Partnership Vicens-Torrens, Michael Vicens-Segura filed by Christian M. Echavarri-Junco on behalf of Stephen Glover and Mudflap Media LLC,(Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons)(Echavarri-Junco, Christian) Modified on 2/19/2020 to edit parties name. (mg). |
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Filing 54
ORDER granting co-Defendants Stephen Glover and Mudflad Media, LLC's #50 Motion for Extension of Time. Answer due by 2/18/2020. Signed by Judge Jay A. Garcia-Gregory on 2/3/2020. (JG)
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Filing 53
ORDER granting co-Defendant Chris Pontius' #52 Motion for Leave. Exhibit due by 2/14/2020. Signed by Judge Jay A. Garcia-Gregory on 2/3/2020. (JG)
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| Filing 52 MOTION for Leave to File Document (Exhibit A of Answer to the Complaint) filed by Francisco J. Colon-Pagan on behalf of Chris Pontius Responses due by 2/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Pagan, Francisco) |
| Filing 51 ANSWER to #1 Complaint,, filed by Francisco J. Colon-Pagan on behalf of Defendant Chris Pontius.(Colon-Pagan, Francisco) |
| Filing 50 MOTION for Extension of Time until February 18, 2020 to File Answer and Compulsory Counterclaims Pursuant to Fed. R. Civ. P. 13(a)(1) re: #1 Complaint,, filed by Michael Vicens-Segura, Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Marley Vicens-Torrens, Enzo Vicens-Torrens filed by Gabriel A. Miranda-Rivera on behalf of Stephen Glover, Mudflap Media, LLC Responses due by 2/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Miranda-Rivera, Gabriel) |
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Filing 49
ORDER re Defendant Chris Pontius' #36 "Supplemental" Motion to Dismiss under Fed. R. Civ. P. 12(b)(6): The Court first finds that this Motion is procedurally improper. The basis for this "supplemental" request--that Plaintiff Michael Vicens-Segura signed a liability release--had to be raised in Defendant Chris Pontius' first #31 Motion to Dismiss. Fed. R. Civ. P. 12(g)(2) ("[A] party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion."). Assuming (without deciding) that California law guides the interpretation of the liability release, the Court also finds that Plaintiff Michael Vicens-Segura plausibly states a claim for relief in the #1 Complaint. At this time, it is unclear whether the "activities" on the day of his injury "were of the type originally contemplated by the parties in entering into th[e liability release]." Paralift, Inc. v. Superior Court, 23 Cal. App. 4th 748, 756 (1993) (internal citations omitted). There appears to be a disconnect between what Plaintiff Michael Vicens-Segura was told he would be doing (lending his jet-ski for a scene in Defendants' film); the scope of the liability release he signed afterwards (covering his participation in the scene as a "guest performer"); and his actual involvement with the scene leading up to his injury (having to get in the water and hold the jet-ski in place for filming). See Docket Nos. #1 at 2-3; #36 at 2-3. For these reasons, the Court hereby DENIES Defendant Chris Pontius' #36 "Supplemental" Motion to Dismiss under Fed. R. Civ. P. 12(b)(6). Defendants Stephen Glover, Chris Pontius, and Mudflad Media, LLC's Answer to Plaintiff Michael Vicens-Segura's #1 Complaint due by 1/28/2020. Fed. R. Civ. P. 12(a)(4)(A). Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG)
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Filing 48
ORDER granting Defendant Chris Pontius' #41 Motion for Leave and for Extension of Time. The Court notes that Defendant eventually filed this reply at Docket No. [42-1]. Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG)
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| Filing 47 PARTIAL JUDGMENT. Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG) |
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Filing 46
ORDER re Defendant Scott Randolph's #32 MOTION to Dismiss the #1 Complaint under Fed. R. Civ. P. 12(b)(2) and (5): In his #40 Response, Plaintiff Michael Vicens-Segura correctly concedes that the service of process attempted upon Defendant Scott Randolph was improper. The Court accordingly GRANTS Defendant Scott Randolph's #32 Motion and DISMISSES WITHOUT PREJUDICE all claims lodged against him. Partial judgment will be entered separately. Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG)
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| Filing 45 PARTIAL JUDGMENT. Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG) |
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Filing 44
ORDER re Defendants Mudflap Media, LLC, Stephen Glover, and Chris Pontius' #23 ; #31 Motion to Partially Dismiss the #1 Complaint under Fed. R. Civ. P. 12(b)(6): In their #37 Response, Plaintiffs Katgie Torrens-Betancourt, Marley Vicens-Torrens, and Enzo Vicens-Torrens properly concede that, pursuant to the governing maritime law, they cannot plausibly maintain their (sole) claim for negligent infliction of emotional distress against all Defendants because they "were not present at the scene of [Plaintiff Michael Vicens-Segura's] accident nor in "the danger zone." The Court accordingly GRANTS co-Defendants Mudflap Media, LLC, Stephen Glover, and Chris Pontius' #23 ; #31 Motion and DISMISSES WITH PREJUDICE Plaintiffs Katgie Torrens-Betancourt, Marley Vicens-Torrens, and Enzo Vicens-Torrens' claims for negligent infliction of emotional distress as to all Defendants. Partial judgment will be entered separately. Signed by Judge Jay A. Garcia-Gregory on 1/14/2020. (JG)
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| Filing 43 NOTICE of Appearance by Margarita Rosado-Toledo on behalf of Chris Pontius (Rosado-Toledo, Margarita) |
| Filing 42 REPLY to Partial Opposition to Dismiss the Complaint re #36 Supplemental Motion NOTICE of Filing Exhibits filed by Chris Pontius (Attachments: #1 Exhibit Reply) (Colon-Pagan, Francisco) Modified relationship, title and docket text on 1/15/2020 (idg). |
| Filing 41 MOTION for Leave to File Document and MOTION for Extension of Time to File Reply filed by Francisco J. Colon-Pagan on behalf of Chris Pontius Responses due by 9/12/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Pagan, Francisco). Added MOTION for extension of time on 8/30/2019 (mcm). |
| Filing 40 Joint RESPONSE in Opposition to Motion filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Re: #32 MOTION to dismiss - (Attachments: #1 Exhibit Unsworn Statement - Michael Vicns)(Nigaglioni, Ruben) Modified on 8/26/2019 to add filers and edit docket text. (mg). |
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Filing 39
ORDER granting #38 Motion for Extension of Time. Plaintiffs' Response to Motions to Dismiss at Docket Nos. #32 ; #36 due by 8/23/2019. Signed by Judge Jay A. Garcia-Gregory on 7/29/2019. (JG)
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| Filing 38 MOTION for Extension of Time to File Response/Reply as to #32 MOTION to dismiss - Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(5) as to Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens, Marley Vicens-Torrens filed by Scott Randolph, #36 Supplemental Motion to Joinder of Motion and to Dismiss Vicen's Claim Pursuant to F.R.Civ. P. 12(b)(6) re: #31 MOTION for Joinder to Motion for Partial Dismissal of the Complaint Re: #23 MOTION to Dismiss for Failure to S filed by Chris Pontius filed by Ruben T. Nigaglioni on behalf of Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Responses due by 8/12/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #32 , #36 ) (Nigaglioni, Ruben) |
| Filing 37 RESPONSE to Motion filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Re: #23 MOTION to Dismiss for Failure to State a Claim - Motion to Partially Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Mudflap Media, LLC, Stephen Glover filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens. (Nigaglioni, Ruben) |
| Filing 36 Supplemental Motion to Joinder of Motion and to Dismiss Vicen's Claim Pursuant to F.R.Civ. P. 12(b)(6) re: #31 MOTION for Joinder to Motion for Partial Dismissal of the Complaint Re: #23 MOTION to Dismiss for Failure to State a Claim - Motion to Partially Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Mudflap Media, L filed by Francisco J. Colon-Pagan on behalf of Chris Pontius Responses due by 8/6/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Related document(s) #31 ) (Colon-Pagan, Francisco) |
| Filing 35 NOTICE of Appearance by Gabriel A. Miranda-Rivera on behalf of Stephen Glover, Mudflap Media, LLC (Miranda-Rivera, Gabriel) |
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Filing 34
ORDER re co-Defendant Chris Pontius' #30 Motion In Compliance: Noted. Pontius must file his Answer within 14 days after the Court adjudicates the #23 Motion to Dismiss. Fed. R. Civ. P. 12(a)(4)(A). Signed by Judge Jay A. Garcia-Gregory on 7/18/2019. (JG)
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Filing 33
ORDER re #31 co-Defendant Chris Pontius's Notice of Joinder in Motion to Dismiss at Docket No. #23 : Noted. Signed by Judge Jay A. Garcia-Gregory on 7/18/2019. (JG)
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| Filing 32 MOTION to dismiss - Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(5) as to Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens, Marley Vicens-Torrens filed by Christian M. Echavarri-Junco on behalf of Scott Randolph Responses due by 7/29/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Echavarri-Junco, Christian) |
| Filing 31 MOTION for Joinder to Motion for Partial Dismissal of the Complaint Re: #23 MOTION to Dismiss for Failure to State a Claim - Motion to Partially Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Mudflap Media, LLC, Stephen Glover filed by Francisco J. Colon-Pagan on behalf of Chris Pontius Responses due by 7/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #23 ) (Colon-Pagan, Francisco) |
| Filing 30 Motion In Compliance wit Order to Show Cause and for Extension to Plead as to 29 Order to Show Cause, filed by Francisco J. Colon-Pagan on behalf of Chris Pontius Responses due by 7/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 29 ) (Colon-Pagan, Francisco) |
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Filing 29
ORDER TO SHOW CAUSE: Counsel for co-Defendant Chris Pontius filed a Notice of Appearance on 6/19/2019. To this day, Defendant has not answered Plaintiff's #1 Complaint. Defendant shall brief the Court on why he has failed to submit an Answer (or dispositive motion). Show-Cause Response due by 7/8/2019. Signed by Judge Jay A. Garcia-Gregory on 7/2/2019. (JG)
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Filing 28
ORDER granting Plaintiffs' #25 Motion for Extension of Time. Response to Motion to Dismiss at Docket No. #23 due by 7/26/2019. Signed by Judge Jay A. Garcia-Gregory on 7/2/2019. (JG)
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Filing 27
ORDER re Co-Defendant Mudflap Media, LLC and Stephen Glover's #24 Motion for Extension of Time: Noted and found moot. The Federal Rules of Civil Procedure already grant this relief. Specifically, Defendants must file their Answer within 14 days after the Court adjudicates their #23 Motion to Dismiss. Fed. R. Civ. P. 12(a)(4)(A). Signed by Judge Jay A. Garcia-Gregory on 7/2/2019.(JG)
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Filing 26
ORDER granting co-Defendants Mudflap Media, LLC and Stephen Glover's unopposed #22 Motion to Withdraw their Motion to Dismiss at Docket No. #19 . The Clerk of Court shall take notice. Signed by Judge Jay A. Garcia-Gregory on 7/2/2019. (JG)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss for Failure to State a Claim - Motion to Partially Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Mudflap Media, LLC, Stephen Glover filed by Ruben T. Nigaglioni on behalf of Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Responses due by 7/11/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #23 ) (Nigaglioni, Ruben) |
| Filing 24 MOTION for Extension of Time to File Answer or Responsive Pleading re: #1 Complaint,, filed by Michael Vicens-Segura, Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Marley Vicens-Torrens, Enzo Vicens-Torrens filed by Christian M. Echavarri-Junco on behalf of Stephen Glover, Mudflap Media, LLC Responses due by 7/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Echavarri-Junco, Christian) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim - Motion to Partially Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Christian M. Echavarri-Junco on behalf of Stephen Glover, Mudflap Media, LLC Responses due by 7/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Echavarri-Junco, Christian) |
| Filing 22 MOTION to Withdraw Docket No. 19 re: #19 MOTION to dismiss as to Mudflap Media, LLC filed by Christian M. Echavarri-Junco on behalf of Mudflap Media, LLC Responses due by 7/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #19 ) (Echavarri-Junco, Christian) |
| Filing 21 NOTICE of Appearance by Francisco J. Colon-Pagan on behalf of Chris Pontius (Colon-Pagan, Francisco) |
| Filing 20 RESPONSE in Opposition to Motion filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Re: #19 MOTION to dismiss as to Mudflap Media, LLC filed by Mudflap Media, LLC filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Nigaglioni, Ruben) |
| Filing 19 ***WITHDRAWN AS PER D.E. 26 ORDER*** MOTION to dismiss as to Mudflap Media, LLC filed by Christian M. Echavarri-Junco on behalf of Mudflap Media, LLC Responses due by 6/20/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Echavarri-Junco, Christian) Modified on 7/3/2019 (mg). |
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice . Signed by Judge Jay A. Garcia-Gregory on 6/6/2019. (JG)
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| Filing 17 Motion to allow Robert M. Barta to appear pro hac vice (Pro Hac fee $300 receipt number PRX100064178) filed by Christian M. Echavarri-Junco on behalf of Stephen Glover, Chris Pontius Responses due by 6/20/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Echavarri-Junco, Christian) |
| NOTICE of Docket Text Modification by Deputy Clerk, re: DE #16 Motion to Dismiss, ***FILED IN ERROR - Counsel filed the PDF in "legal format". PDF shall be corrected to a 8.5 x 11 "letter format" and re-file.*** (mg) |
| Filing 16 ***FILED IN ERROR - Counsel filed the PDF in "legal format". PDF shall be corrected to a 8.5 x 11 "letter format" and re-file.*** MOTION to dismiss as to Mudflap Media, LLC filed by Christian M. Echavarri-Junco on behalf of Mudflap Media, LLC Responses due by 6/19/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Echavarri-Junco, Christian) Modified on 6/6/2019 (mg). |
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Filing 15
ORDER granting #13 Motion for Extension of Time. Answer/dispositive motion due by 6/19/2019. Signed by Judge Jay A. Garcia-Gregory on 5/20/2019. (JG)
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Filing 14
ORDER granting #11 Motion for Leave to Appear as Counsel. Attorney Christian M. Echavarri-Junco added. Signed by Judge Jay A. Garcia-Gregory on 5/20/2019. (JG)
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| Filing 13 MOTION for extension of time until June 19, 2019 to respond to the Complaint or otherwise plead (30 day extension) filed by Christian M. Echavarri-Junco on behalf of Stephen Glover Responses due by 5/31/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Echavarri-Junco, Christian) |
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Filing 12
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Pedro A. Delgado-Hernandez (Docket No. 10), this case has been randomly reassigned to the docket of Judge Jay A. Garcia-Gregory. Signed by Clerk on 05/08/2019. (gr)
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| Filing 11 MOTION for Leave to Appear filed by Christian M. Echavarri-Junco on behalf of Mudflap Media, LLC Responses due by 5/21/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Echavarri-Junco, Christian) |
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Filing 10
ORDER OF RECUSAL: See attached. The Clerk will assign the case to another United States District Judge. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2019.(LMR)
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Filing 9
ORDER: Granting #8 "Motion for Extension of Time to Answer." Defendant shall answer or otherwise plead not later than June 5, 2019. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2019. (EMJ)
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| Filing 8 First MOTION for Extension of Time until June 5, 2019 to File Answer or otherwise plead and notice of appearance filed by Aura A. Montes-Rodriguez on behalf of Mudflap Media, LLC Responses due by 5/20/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Montes-Rodriguez, Aura) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs upon Stephen Glover served on 4/27/2019, answer due 5/20/2019. (Nigaglioni, Ruben) |
| Filing 6 SUMMONS Returned Executed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Marley Vicens-Torrens, Enzo Vicens-Torrens upon Mudflap Media, LLC served on 3/12/2019, answer due 4/2/2019. (Nigaglioni, Ruben) |
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Filing 5
ORDER: Granting #4 "Motion to Appear Pro Hac Vice." Signed by Judge Pedro A. Delgado-Hernandez on 3/22/2019. (EMJ)
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| Filing 4 Motion to allow Catherine Rodriguez to appear pro hac vice (Pro Hac fee $300 receipt number PRX100062667) filed by Ruben T. Nigaglioni on behalf of Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Enzo Vicens-Torrens Responses due by 4/4/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit Receipt PHV Paid Fees)(Nigaglioni, Ruben) |
| Filing 3 Summons Issued as to Stephen Glover, Mudflap Media, LLC, Chris Pontius, Scott Randolph (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 1 COMPLAINT against Stephen Glover, Mudflap Media, LLC, Chris Pontius, Scott Randolph ( Filing fee $400 receipt number 0104-6287371.), filed by Conjugal Partnership Vicens-Torrens, Katgie Torrens-Betancourt, Michael Vicens-Segura, Marley Vicens-Torrens, Enzo Vicens-Torrens. Service due by 5/28/2019, (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Sheet Category Sheet, #3 Summons Summons Stephen Glover, #4 Summons Summons Chris Pontius, #5 Summons Summons Mudflap 2, #6 Summons Summons Mudflap 1, #7 Summons Summons Scott Randolph)(Nigaglioni, Ruben) |
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