Victor J. Salgado and Associates, Inc. et al v. Cestero-Lopategui et al
| Victor J. Salgado and Associates, Inc., Ana Salgado-Micheo and Victor J. Salgado-Micheo |
| Javier Rivera-Rios, Juan Moldes-Rodriguez, Rafael Cestero-Lopategui and Alexander Adams |
| 3:2019cv01663 |
| July 11, 2019 |
| US District Court for the District of Puerto Rico |
| Daniel R Dominguez |
| Gustavo A Gelpi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 155 MANDATE of USCA as to #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez; VACATE/REVERSED/REMANDED. RE: #153 USCA JUDGMENT. (mcm) |
Filing 154
ORDER STAYING CASE. Pursuant to the First Circuit's determination, the instant case is hereby stayed under 11 U.S.C. 922, incorporated into PROMESA through 48 U.S.C. 2161(a). Please refer to Docket entries #152 and #153 . Signed by Judge Daniel R. Dominguez on 5/13/2022. (MSO)
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| Filing 153 USCA JUDGMENT as to #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez; The district court's orders requiring discovery to proceed are VACATED. The district court's denial of the motion for entry of the automatic stay under 11 U.S.C. 922 is REVERSED, and the district court is ordered on REMAND to enter the stay. (mcm) |
| Filing 152 Printed Opinion of USCA dated 5/12/2022 as to #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Amended Notice of Interlocutory Appeal by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. (mcm) |
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Filing 151
ORDER STAYING CASE. The instant case is hereby stayed until the First Circuit Court of Appeals issues its ruling. Signed by Judge Daniel R. Dominguez on 5/5/2022. (MSO)
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| Filing 150 MEMORANDUM OF THE CLERK: This case having been previously assigned to Judge Gustavo A. Gelpi, recently appointed to the First Circuit Court of Appeals, it has been reassigned within the Case Assignment System to the docket of Judge Daniel R. Dominguez. Signed by Clerk on 11/02/2021. (gr) |
| Filing 149 USCA ORDER entered on 09/17/2020 re #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Amended Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez; The Urgent Petition for a stay of district court proceedings pending appeal is GRANTED. The Motion to Dismiss this appeal is DENIED without prejudice to reconsideration by the panel that considers the merits of the appeal. (xi) |
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Filing 148
ORDER: An Initial Scheduling Conference will be set once the United States Court of Appeals for the First Circuit issues a ruling (see ECF No. 147), if the First Circuit's ruling so allows. Signed by US Magistrate Judge Marcos E. Lopez on 9/15/2020. (jhi)
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| Filing 147 USCA ORDER entered on 09/11/2020 re #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Amended Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez; The Urgent Petition for a stay of district court proceedings pending appeal was submitted to this court on September 2, 2020. In order to give the court time fully to consider the questions raised therein, we grant a temporary stay of district court proceedings for a period of seven days. (xi) |
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Filing 146
ORDER Re Docket Nos. 131 and 139: The cross-sanction requests by the parties are denied. Defendants shall submit to the Court for in camera inspection no later than Wednesday Sept 16, 2020 copy of all Act 9 files pertaining to defendants. The same shall be submitted via restricted ex parte motion. The Court will proceed for the benefit of all to make a ruling as to whether all discoverable evidence has in fact been provided. Moreover, the case is referred to Magistrate Judge Marcos E. Lopez for an ISC in which the parties can address any outstanding Rule 26 issues and proceed with discovery. At this time the Court will not strike any evidence. Signed by Judge Gustavo A. Gelpi on 9/10/2020.(AGF)
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| Filing 145 SURREPLY to Reply to Opposition Re: #131 MOTION for Sanctions to Exclude Documents from Trial and to Compel Production of Law 9 Application Documents filed by All Defendants. (Ramirez-Ortiz, Juan) Modified on 9/11/2020 to correct docket relationship (gmm). |
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Filing 144
ORDER: Granting #143 Motion for Leave to File. Deadline is firm. Signed by Judge Gustavo A. Gelpi on 9/3/2020. (AGF)
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| Filing 143 MOTION for Leave to File Document Surreply to Plaintiffs' "Reply to Opposition to Motion to Exclude Documents from Trial and for Further Sanctions" (Docket No. 142) within the seven (7) days allotted by Civil Local Rule 7(c) filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 9/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 142 REPLY to Response to Motion to Exclude Documents From Trial And For Further Sanctions filed by All Plaintiffs Re: #131 MOTION for Sanctions to Exclude Documents from Trial and to Compel Production of Law 9 Application Documents filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(LaPlaca, Damian) Modified on 9/3/2020 to correct docket relationship (gmm). |
| Filing 141 USCA Case Number 20-1855 for #125 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, #130 Amended Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez. (xi) |
| Filing 140 Certified and Transmitted Record on Appeal to US Court of Appeals re #125 Notice of Interlocutory Appeal, #130 Amended Notice of Interlocutory Appeal, [Docket Entries 115, 124, 125, 128, 129 & 130] (xi) |
| Filing 139 RESPONSE to Motion re: #131 MOTION for Sanctions to Exclude Documents from Trial and to Compel Production of Law 9 Application Documents as to All Plaintiffs, MOTION to Compel Plaintiffs to Produce Documents and for Sanctions against Plaintiffs for Failure to Initially Disclose Documents and Evidence filed by All Defendants. (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosure)(Ramirez-Ortiz, Juan) Modified on 9/1/2020 to correct event and title (gmm). |
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Filing 138
ORDER: Noted #137 Motion for Leave to File. Signed by Judge Gustavo A. Gelpi on 8/31/2020. (AGF)
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| Filing 137 MOTION for Leave to File Document Motion for Leave to File Corrected Motion filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 9/14/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(LaPlaca, Damian) |
| Filing 136 ANSWER to #22 Amended Complaint filed by Juan C. Ramirez-Ortiz on behalf of Defendants Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios.(Ramirez-Ortiz, Juan) |
| USCA Appeal Fees received $ 505.00 receipt number PRX100071965 re #125 Notice of Interlocutory Appeal, #130 Amended Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez (arg) Modified on 8/31/2020 to create docket relationship (xi). |
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Filing 135
ORDER: Noted #134 Motion to Deposit Funds. Signed by Judge Gustavo A. Gelpi on 8/27/2020. (AGF)
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| Filing 134 MOTION to Deposit Funds for the Payment of the Amended Notice of Appeal Fees (Docket No. 130) filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 9/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Commonwealth of Puerto Rico's Department of Treasury Appeal Fees Check)(Ramirez-Ortiz, Juan) |
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Filing 133
ORDER: Granting #132 Motion for Leave to File Spanish language documents; Granting as requested #132 Motion for extension of time. Defendants shall respond to the motion at Docket No. 131 on or before Monday August 31 at 5:00 P.M. Signed by Judge Gustavo A. Gelpi on 8/27/2020. (AGF)
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| Filing 132 MOTION for Leave to File Spanish language documents, MOTION for extension of ti to File Certified English Translations filed by Damian R. LaPlaca on behalf of All Plaintiffs. Responses due by 9/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian). Added MOTION for extension of time on 8/27/2020 (gmm). |
| Filing 131 MOTION for Sanctions to Exclude Documents from Trial and to Compel Production of Law 9 Application Documents as to All Plaintiffs filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 9/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(LaPlaca, Damian) |
| ***SEE IMAGE ON DKT. #130 *** AMENDED NOTICE OF INTERLOCUTORY APPEAL as to 115 Order on Motion requesting Order, 128 Order, 129 Order on Motion for Miscellaneous Relief, 124 Order, by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. (Filing fee $ 505./PAID) (xi) |
| Filing 130 ***MODIFIED TO CORRECT EVENT***WRONG EVENT*** Amended NOTICE OF APPEAL as to 115 Order on Motion requesting Order,, 128 Order,,, 129 Order on Motion for Miscellaneous Relief, 124 Order,, by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-RiosNOTICE 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/efiling.htm (Ramirez-Ortiz, Juan) Modified on 8/31/2020 to ad text (xi). |
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Filing 129
ORDER: Noted #127 Motion to Confirm Discovery Schedule. The Discovery orders issued by the Court at Docket Nos. 115 , 124 and #126 remain in effect. The Court has not stayed the same. Signed by Judge Gustavo A. Gelpi on 8/20/2020. (CRH)
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Filing 128
ORDER Re: Order at Docket No. 124 Denying #116 Motion for Reconsideration. The Court stresses the following: This lawsuit is not against the Commonwealth nor its instrumentality. It is a civil rights action against Defendants in their personal (and not official) capacities. As such, PROMESA does not stay the litigation. The fact that the Commonwealth Attorney General has provided legal representation pursuant to Law 9, moreover, does not convert the action into one against the Commonwealth. Law 9 benefits may be terminated at any time, even after a verdict of liability. See Guadalupe Baez v. Pesquera, 269 F. Supp. 3d 1 (DPR 2017). Personal capacity defendants sued alone cannot invoke PROMESA as a shield to litigation prompted by civil Rights violations. Signed by Judge Gustavo A. Gelpi on 8/20/2020. (CRH)
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| Filing 127 MOTION to Confirm Discovery Schedule re 115 Order on Motion requesting Order,, #126 Scheduling Conference, 124 Order,, filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 9/3/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 115 , #126 , 124 ) (LaPlaca, Damian) |
| ***SEE IMAGE ON DKT. #125 *** NOTICE OF INTERLOCUTORY APPEAL as to 115 Order on Motion requesting Order, 124 Order, by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. (Filing fee $ 505./PAID) (xi) |
| Filing 126 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Scheduling Conference held on 8/18/2020 via VTC. (jjr) |
| Filing 125 ***MODIFIED TO CORRECT EVENT***WRONG EVENT*** NOTICE OF APPEAL as to 115 Order on Motion requesting Order,, 124 Order,, by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. 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 (Ramirez-Ortiz, Juan) Modified on 8/31/2020 to add text (xi). |
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Filing 124
ORDER: Denying #116 Motion for Reconsideration] ; Granting #121 Motion to Compel. Defendants will comply with the Courts order at docket 115 on or before Friday, August 21, 2020 at noon. This deadline is carved in granite. This information is discoverable, as well as essential for the Court to determine if this case must be stayed or not. The request for sanctions is denied at this time, given the present order. Signed by Judge Gustavo A. Gelpi on 8/18/2020. (AGF)
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Filing 123
ORDER granting #122 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Marcos E. Lopez on 8/17/2020. (Lopez, Marcos)
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| Filing 122 MOTION for Leave to File Spanish language documents and for Extension of Time to File Certified English Translations filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 8/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
| Filing 121 MOTION to Compel and for Sanctions filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 8/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
| Filing 120 Memorandum in Opposition to Motion for Reconsideration filed by All Plaintiffs Re: #116 MOTION for Reconsideration re 115 Order on Motion requesting Order,, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by All Plaintiffs. (Attachments: #1 Exhibit)(LaPlaca, Damian) |
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Filing 119
ORDER re #118 Notice (Other) filed by Ana Salgado-Micheo, Victor J. Salgado and Associates, Inc., Victor J. Salgado-Micheo. Noted. Signed by US Magistrate Judge Marcos E. Lopez on 8/14/2020. (jjr)
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| Filing 118 NOTICE of Compliance with Court Order by All Plaintiffs re 115 Order on Motion requesting Order,, (LaPlaca, Damian) |
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Filing 117
ORDER: By August 17, 2020, plaintiffs shall reply to defendants' "motion for reconsideration" (ECF No. 116), which for all practical purposes is an untimely response in opposition to plaintiffs' motion for a scheduling order and for immediate depositions (ECF No. 110). Signed by US Magistrate Judge Marcos E. Lopez on 8/12/20. (Lopez, Marcos)
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Filing 116
MOTION for Reconsideration re 115 Order on Motion requesting Order,, filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 8/26/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - USCA First Circuit - Order holding the applicability of PROMESA's automatic stay and denying Plaintiffs' request for the the production of legal representation agreement, #2 Exhibit 2 - USCA First Circuit - Order denying Plaintiffs' petition for rehearing and declining to issue an advisory opinion, #3 Exhibit 3 - Order issued by Hon. Laura Taylor Swain, Title III Court Judge, regarding the applicability of PROMESA's automatic stay to suits against officers in their personal capacities, #4 Exhibit 4 -Thirteenth Amended Case Management Procedures issued by Judge Swain (procedure to request a lift of automatic stay))(Related document(s) 115 ) (Ramirez-Ortiz, Juan)
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Filing 115
ORDER regarding #110 Motion requesting Order: Noted. By August 14, 2020 the parties shall produce the following matters: (1) all initial disclosures documents; (2) the production of the agreement between the Secretary of Justice and Defendants to provide defense / indemnity and the application by each Defendant; (3) a list of all relevant witnesses. As to the depositions, a Scheduling Conference is set for 8/18/2020 at 1:30 PM by videoconference. A separate email will be sent to counsel of record with the login information. Signed by US Magistrate Judge Marcos E. Lopez on 8/10/20. (Lopez, Marcos)
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Filing 114
ORDER: Denying #113 Motion for Miscellaneous Relief. Signed by Judge Gustavo A. Gelpi on 8/10/2020. (AGF)
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| Filing 113 MOTION to Rescind Referral to Magistrate filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
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Filing 112
ORDER REFERRING MOTION: #110 MOTION requesting Order MOTION FOR SCHEDULING ORDER AND FOR IMMEDIATE DEPOSITIONS OF DEFENDANTS filed by Ana Salgado-Micheo, Victor J. Salgado and Associates, Inc., Victor J. Salgado-Micheo and Docket No. 111 Proposed Pretrial Order REFERRED to Magistrate Judge Marcos E. Lopez. Signed by Judge Gustavo A. Gelpi on 7/13/2020. (AGF)
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| Filing 111 Proposed Pretrial Order Plaintiffs Proposed Discovery Timetable by All Plaintiffs. (LaPlaca, Damian) Modified on 7/13/2020 to replace all caps text. (mg). |
| Filing 110 MOTION requesting Order MOTION for Scheduling Order and for Immediate Depositions of Defendants filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 7/24/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(LaPlaca, Damian) Modified on to replace all caps text. 7/13/2020 (mg). |
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Filing 109
ORDER: Granting #108 Motion for Relief from Scheduling Order until the First Circuit rules on the matter of the stay. Signed by Judge Gustavo A. Gelpi on 12/18/2019. (CRH)
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| Filing 108 MOTION for Relief from Scheduling Order filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 1/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(LaPlaca, Damian) |
| Filing 107 NOTICE of Compliance with Initial Scheduling/Settlement Conference Order by All Plaintiffs re #106 Minute,,,,, Scheduling Conference,,,,, Settlement Conference,,,,, Set Deadlines,,,, (LaPlaca, Damian) |
| Filing 106 Minute Entry for proceedings held before US Magistrate Judge Silvia Carreno-Coll: An Initial Scheduling/Settlement Conference was held on 11/14/2019. Deadline to conclude initial disclosures under Rule 26 due by 11/25/2019. Submissions of written discovery, Interrogatories, Requests for production of documents, and Requests for admissions due by 12/27/2019. Answers to written discovery, Interrogatories, Requests for production of documents, and Requests for admissions due by 1/20/2020. Conclusion of depositions of fact witnesses, including Rule 30(b)(6) depositions due by 3/5/2020. Deadline for plaintiffs to announce expert witnesses due by 4/6/2020. Deadline for defendants to announce expert witnesses due by 4/27/2020. Deadline for the parties to exchange expert reports due by 5/27/2020. Deadline to conclude depositions of expert witnesses and conclusion of all discovery due by 6/29/2020. Deadline to file motions for summary judgment or any other dispositive motion due by 7/29/2020. Deadline to file answers to motions for summary judgment or any other dispositive motion due by 8/31/2020. (mcv) |
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Filing 105
ORDER noted #103 Motion submitting discovery time table. Signed by US Magistrate Judge Silvia Carreno-Coll on 11/14/2019. (mcv)
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Filing 104
ORDER REFERRING MOTION: The Court hereby refers #103 Motion Submitting Joint Proposed Discovery Timetable to Magistrate Judge Carreno-Coll. Signed by Judge Gustavo A. Gelpi on 11/13/2019. (CRH)
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| Filing 103 MOTION Submitting Joint Proposed Discovery Timetable filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 11/26/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(LaPlaca, Damian) |
| Filing 102 Plaintiff's PROPOSED SCHEDULING MEMORANDUM by All Plaintiffs. (LaPlaca, Damian) Modified on 11/13/2019 to edit title (gmm). |
| Filing 101 RESPONSE to #100 Notice of Stay by All Plaintiffs (LaPlaca, Damian) Modified on 11/12/2019 to edit title and add docket relationship (gmm). |
| Filing 100 NOTICE of Automatic Stay pursuant PROMESA by All Defendants (Attachments: #1 Exhibit 1 - Tenth Amended Notice, Case Management and Administrative Procedures) (Ramirez-Ortiz, Juan) |
| Filing 99 USCA Case Number 19-2136 for #86 Notice of Interlocutory Appeal, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez. (xi) |
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Filing 98
ORDER: Denying #95 Motion for Reconsideration. Signed by Judge Gustavo A. Gelpi on 11/06/2019. (CRH)
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| Filing 97 MEMORANDUM in Opposition re: #95 Motion for Reconsideration filed by All Plaintiffs. (LaPlaca, Damian) Modified on 11/7/2019 to add docket relationship (gmm). |
| Filing 96 Certified and Transmitted Record on Appeal to US Court of Appeals re #86 Notice of Interlocutory Appeal, [Docket Entries 27, 82, 86 & 94] (xi) (Main Document 96 replaced on 11/5/2019) (xi). |
| Filing 95 MOTION for Reconsideration re 94 Order on Informative Motion, filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 11/20/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 94 ) (Ramirez-Ortiz, Juan) |
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Filing 94
ORDER: Granting #90 Motion to Certify Appeal as Frivolous. See Order at Docket No. 88 . The Court in light of this shall continue with its jurisdiction to continue proceedings. Signed by Judge Gustavo A. Gelpi on 11/04/2019. (CRH)
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Filing 93
ORDER: Granting as requested #92 Motion for extension of time. Signed by Judge Gustavo A. Gelpi on 11/04/2019. (CRH)
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| Filing 92 Joint MOTION for extension of time until November 8, 2019 to to file the Joint Initial Scheduling Conference Memorandum, as ordered by the Court at Docket No. 71. filed by Juan C. Ramirez-Ortiz on behalf of All Parties. Responses due by 11/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) Modified on 11/4/2019 to add filers (gmm). |
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Filing 91
ORDER: Noted #89 Motion to Deposit Funds for Appeal Fees. Signed by Judge Gustavo A. Gelpi on 11/01/2019. (CRH)
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| Filing 90 MOTION to Certify Appeal as Frivolous (Dkt. 86) by All Plaintiffs. (LaPlaca, Damian) Modified on 11/4/2019 to correct event and title (gmm). |
| USCA Appeal Fees received $ 505 receipt number PRX100067922 re #86 Notice of Appeal,, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez (vdm) |
| Filing 89 MOTION to Deposit Funds for Appeal Fees filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 11/14/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Check for Appeal Fees)(Ramirez-Ortiz, Juan) |
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Filing 88
ORDER: Denying #87 Motion to Stay Proceedings Pending Appeal. Although the Court cited the Guillemard-Ginorio cases to deny the motion to dismiss (Docket No. 27), the denial is based on the fact that plaintiffs have pleaded sufficient plausible facts. These merit discovery and will be reexamined at the summary judgment context. Signed by Judge Gustavo A. Gelpi on 10/30/2019. (CRH)
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| Filing 87 MOTION to Stay Proceedings Pending Appeal re: 71 Order,, Set Deadlines/Hearings, #86 Notice of Appeal,, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 11/12/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 71 , #86 ) (Ramirez-Ortiz, Juan) |
| ***SEE IMAGE ON DKT. #86 ***NOTICE OF INTERLOCUTORY APPEAL as to #27 Order on Motion to Dismiss for Failure to State a Claim, #82 Order on Motion to Dismiss for Failure to State a Claim by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. (xi) |
| Filing 86 ***MODIFIED TO CORRECT EVENT*** NOTICE OF APPEAL as to #27 Order on Motion to Dismiss for Failure to State a Claim, #82 Order on Motion to Dismiss for Failure to State a Claim by Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios. 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 (Ramirez-Ortiz, Juan) Modified on 11/5/2019 to add "modified to correct event" (xi). |
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Filing 85
ORDER: Noted #84 Motion Submitting Certified English Translation. Signed by Judge Gustavo A. Gelpi on 10/10/2019. (CRH)
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| Filing 84 MOTION Submitting Certified English Translation of Exhibit 1 of Motion in Compliance with Order to Show Cause (Docket No. 58) re: #58 Motion In Compliance (corrected version as allowed by Court in Dkt. #57) as to 41 Order,,,, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/24/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Certified Translation of Liquidation Petition)(Related document(s) #58 ) (Ramirez-Ortiz, Juan) |
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Filing 83
ORDER: Denying #72 Second Motion to Expedite Renewed Motion for Expedited Deposition Discovery. Signed by Judge Gustavo A. Gelpi on 10/10/19. (CRH)
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Filing 82
ORDER: Denying #43 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gustavo A. Gelpi on 10/09/2019. (CRH)
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| Filing 81 SURREPLY to Reply to Opposition in Support of Opposition to Motion to Dismiss Amended Complaint re: #43 Motion to Dismiss filed by All Plaintiffs filed by All Plaintiffs. (LaPlaca, Damian) Modified on 10/10/2019 to add docket relationship (gmm). |
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Filing 80
ORDER: Granting #78 Motion for Leave to File Sur-Reply. Signed by Judge Gustavo A. Gelpi on 10/09/2019. (CRH)
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Filing 79
ORDER: Noted #77 Motion Submitting Certified English Translations. Signed by Judge Gustavo A. Gelpi on 10/09/2019. (CRH)
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| Filing 78 MOTION for Leave to File Document Motion for Leave to File Sur-Reply filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/23/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Supplement Ur-Reply in Support of Opposition to Motion to Dismiss Amended Complaint)(LaPlaca, Damian) |
| Filing 77 MOTION Submitting Certified English Translations of Exhibits 1, 3, 4, 6 & 7 of Defendants' Motion to Dismiss Amended Complaint re: 46 Order, #43 MOTION to Dismiss for Failure to State a Claim as to Amended Complaint filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/23/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - PR Court Order Granting Marshals Assistance (Certified English Translation), #2 Exhibit 3 - PR Court Order (Asset Possession), #3 Exhibit 4 - PR Court Amended Minute (Certified English Translation), #4 Exhibit 6 - PR Court Liquidation Order, #5 Exhibit 7 - PR Court Partial Judgment)(Related document(s) 46 , #43 ) (Ramirez-Ortiz, Juan) |
| Filing 76 REPLY to Response to Motion to Dismiss Amended Complaint filed by All Defendants Re: #43 MOTION to Dismiss for Failure to State a Claim as to Amended Complaint filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by All Defendants. (Ramirez-Ortiz, Juan) |
| Filing 75 RESPONSE in Opposition to Motion for Expedited Discovery filed by All Defendants Re: #72 Second MOTION to Expedite Renewed Motion for Expedited Deposition Discovery filed by Ana Salgado-Micheo, Victor J. Salgado and Associates, Inc., Victor J. Salgado-Micheo filed by All Defendants. (Ramirez-Ortiz, Juan) |
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Filing 74
ORDER: Granting #73 Motion for Leave to File Reply to Plaintiffs' Opposition to Motion to Dismiss Amended Complaint. Signed by Judge Gustavo A. Gelpi on 10/09/2019. (CRH)
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| Filing 73 MOTION for Leave to File Document Reply to Plaintiffs' "Opposition to Motion to Dismiss Amended Complaint" and Tendering the same filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/22/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix Reply to Plaintiffs' "Opposition to Motion to Dismiss Amended Complaint")(Ramirez-Ortiz, Juan) |
| Filing 72 Second MOTION to Expedite Renewed Motion for Expedited Deposition Discovery filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/22/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
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Filing 71
ORDER: A Joint ISC Memorandum is due by 11/4/2019 covering all items in Judge Gelpi's Order at Docket No. 31. An Initial Scheduling/Settlement Conference is set for 11/14/2019 at 9:30 AM in Courtroom 8 before US Magistrate Judge Silvia Carreno-Coll. Joint Motions to continue de ISC/SC shall include three alternative dates in which all parties are available. Signed by US Magistrate Judge Silvia Carreno-Coll on 10/8/2019. (mcv)
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Filing 70
ORDER: Granting #68 Motion for Leave to File Certified English Translations of Exhibits B and C to the Affidavit of Rafael Vazquez Gonzalez. Signed by Judge Gustavo A. Gelpi on 10/08/2019. (CRH)
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| Filing 69 MEMORANDUM in Opposition re: #43 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs filed by All Plaintiffs. (Attachments: #1 Exhibit Court of Appeals Judgment, #2 Exhibit Supreme Court Resolution)(LaPlaca, Damian) Modified on 10/8/2019 to add docket relationship (gmm). |
| Filing 68 MOTION for Leave to File Document Certified English Translations of Exhibits B and C to the Affidavit of Rafael Vazquez Gonzalez filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/21/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Court of Appeals Judgment, #2 Exhibit Supreme Court Resolution)(LaPlaca, Damian) |
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Filing 67
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Magistrate Judge Marshal D. Morgan on 10/04/2019 (Docket No. 65), this case has been randomly referred within the Case Assignment System to Magistrate Judge Silvia Carreno-Coll (see also, Judge Gelpis Order Referring Case to Magistrate Judge at Docket No. 31). Signed by Clerk on 10/04/2019. (ft)
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Filing 66
ORDER: Finding as moot #64 Motion for Leave to File. The Court ruled on this issue at Docket No. #62 . Signed by Judge Gustavo A. Gelpi on 10/07/2019. (CRH)
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Filing 65
ORDER OF RECUSAL. This Magistrate Judge disqualifies himself from any further proceedings in this case. Title 28 U.S.C. 455(a). The matter is referred to the Clerk's Office to be assigned to another Magistrate Judge. Signed by US Magistrate Judge Marshal D. Morgan on 10/7/2019. (cml)
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| Filing 64 MOTION for Leave to File Document Reply to Plaintiffs' Response to Defendants' Motion in Compliance with Order to Show Cause (to clarify record) filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/18/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix REPLY TO PLAINITFFS RESPONSE TO DEFENDANTS MOTION IN COMPLIANCE WITH ORDER TO SHOW CAUSE)(Ramirez-Ortiz, Juan) |
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Filing 63
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Magistrate Judge Bruce J. McGiverin (Docket No. 61), this case has been randomly assigned within the Case Assignment System to the docket of Magistrate Judge Marshal D. Morgan. Signed by Clerk on 10/04/2019.(ft)
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Filing 62
ORDER: Denying #34 Emergency Motion for Preliminary Injunction. Signed by Judge Gustavo A. Gelpi on 10/04/2019. (CRH)
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Filing 61
ORDER OF RECUSAL: I recuse myself from participation in this case. The Clerk is directed to assign this matter to another magistrate judge. Signed by US Magistrate Judge Bruce J. McGiverin on 10/4/2019. (jm)
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Filing 60
ORDER: Granting #55 Motion for Leave to File; Noted #52 and #55 Response to Motion in Compliance with Order to Show Cause. Signed by Judge Gustavo A. Gelpi on 10/04/2019. (CRH)
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Filing 59
ORDER: Noted #58 Motion In Compliance. Signed by Judge Gustavo A. Gelpi on 10/04/2019. (CRH)
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| Filing 58 Motion In Compliance (corrected version as allowed by Court in Dkt. #57) as to 41 Order,,,, filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 41 ) (Ramirez-Ortiz, Juan) |
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Filing 57
ORDER: Granting #54 Motion for Leave to File. Signed by Judge Gustavo A. Gelpi on 10/03/2019. (CRH)
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Filing 56
ORDER: Noted #53 Motion Submitting Exhibits; Granting #53 Motion for Leave to File Spanish language documents; Granting #53 Motion for Extension of Time with caveat as per order at Docket 46 . Signed by Judge Gustavo A. Gelpi on 10/03/2019. (CRH)
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| Filing 55 MOTION for Leave to File Response to Motion in Compliance with Order to Show Cause, RESPONSE to Motion in Compliance with Order to Show Cause Re: #53 MOTION Submitting Exhibits 1 & 2 of the Motion in Compliance with Order to Show Cause re: #52 Motion In Compliance as to 41 Order by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by All Plaintiffs. (Attachments: #1 Supplement)(LaPlaca, Damian) Modified on 10/4/2019 to correct event and title (gmm). |
| Filing 54 MOTION for Leave to File Document Corrected Motion to Comply with Order to Show Cause and tendering the same filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/16/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix Corrected Motion to Comply with Order to Show Cause)(Ramirez-Ortiz, Juan) |
| Filing 53 MOTION Submitting Exhibits 1 & 2 of the Motion in Compliance with Order to Show Cause re: #52 Motion In Compliance as to 41 Order,,,, filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, MOTION for Leave to File Spanish language documents , MOTION for Extension of Time until October 9, 2019 to file certified English translations filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/16/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #52 ) (Ramirez-Ortiz, Juan) |
| Filing 52 Motion In Compliance as to 41 Order filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/16/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 41 ) (Ramirez-Ortiz, Juan) Modified on 10/3/2019 to edit docket text (gmm). |
| Filing 51 SECOND NOTICE of Plaintiff's in Compliance with Court Order (DKT. No. 41) by All Plaintiffs (LaPlaca, Damian) Modified on 10/3/2019 to replace uppercase text (gmm). |
| Filing 50 FIRST NOTICE of Plaintiff's in Compliance with Court Order (DKT. No. 41) by All Plaintiffs (LaPlaca, Damian) Modified on 10/3/2019 to replace uppercase text (gmm). |
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Filing 49
ORDER: Plaintiffs shall file opposition to Defendants' #43 Motion to Dismiss for Failure to State a Claim as to Amended Complaint by Monday, October 7, 2019. Signed by Judge Gustavo A. Gelpi on 10/02/2019. (CRH)
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Filing 48
ORDER: Granting #44 Motion for Leave to File Excess Pages. Signed by Judge Gustavo A. Gelpi on 10/02/2019. (CRH)
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Filing 47
ORDER: Granting #45 Motion for Leave to File Spanish language documents; Granting #45 Motion for extension of time, with caveat as per order at Docket 46 . Signed by Judge Gustavo A. Gelpi on 10/02/2019. (CRH)
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Filing 46
ORDER: Both parties have sought to file translations by October 31, 2019 at Docket #38 and #45 . While the Court has allowed the filing of Spanish language documents, the extension is unwarranted, particularly given that an injunction is sought and an appeal may lie prior to said date. Accordingly, all translations are due on or before Wednesday October 9, 2019. Signed by Judge Gustavo A. Gelpi on 10/02/2019. (CRH)
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| Filing 45 MOTION for Leave to File Spanish language documents , MOTION for extension of time until October 31, 2019 to file certified English translations filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 44 MOTION for Leave to File Excess Pages filed by Juan C. Ramirez-Ortiz on behalf of All Defendants Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 43 MOTION to Dismiss for Failure to State a Claim as to #22 Amended Complaint filed by Juan C. Ramirez-Ortiz on behalf of All Defendants. Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Ramirez-Ortiz, Juan) Modified on 10/2/2019 to add docket relationship (gmm). |
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Filing 42
ORDER: Noted #35 Motion for Hearing. See ruling at Docket 41 . Signed by Judge Gustavo A. Gelpi on 10/01/2019. (CRH)
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Filing 41
ORDER: Defendants shall show cause by tomorrow Wednesday, October 2, 2019 at 3:00 p.m. as to why the Court should not grant a Temporary Restraining Order enjoining for a ten (10) day period all further actions by the Insurance Commissioner and other defendants as to Integrand Assurance Company. Plaintiffs, on the other hand, shall inform the Court within said same deadline as to all actions taken regarding judicial review and injunctive relief before the Puerto Rico Appeals Court. The Court further orders counsel for the parties to meet and confer before tomorrow's deadline and in good faith attempt as an alternative to (at least temporarily) agree stay local proceedings while this Court affords the parties an opportunity to address the merits of this case (which may include consolidating the preliminary injunction hearing with trial and expediting all discovery in a rocket docket - like fashion). The Court by the issuance of the instant order expresses no opinion as to the ultimate merits of this case nor as to any applicable defenses. Signed by Judge Gustavo A. Gelpi on 10/01/2019. (CRH)
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Filing 40
ORDER: Noted #37 MOTION for Leave to File Supplemental Pleading. Signed by Judge Gustavo A. Gelpi on 10/01/2019. (CRH) Modified on 10/2/2019 to edit motion title (gmm).
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Filing 39
ORDER: Granting #38 Motion for Leave to File; Granting as requested #38 Motion for extension of time. Signed by Judge Gustavo A. Gelpi on 10/01/2019. (CRH)
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| Filing 38 MOTION for Leave to File Document to File Exhibits in Spanish and for Extension of Time to Submit certified Translations filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) Modified on 10/2/2019 to replace uppercase text (gmm). |
| Filing 37 MOTION for Leave to File Supplemental Pleading filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Supplement)(LaPlaca, Damian) Modified on 10/2/2019 to edit title (gmm). |
| Filing 36 AFFIDAVIT OF Rafael J. Vzquez Gonzlez by Ana Salgado-Micheo, Victor J. Salgado-Micheo, Victor J. Salgado and Associates, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (LaPlaca, Damian) |
| Filing 35 Emergency MOTION for Hearing on re #34 Emergency MOTION for Preliminary Injunction filed by Ana Salgado-Micheo, Victor J. Salgado and Associates, Inc., Victor J. Salgado-Micheo filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #34 ) (LaPlaca, Damian) |
| Filing 34 Emergency MOTION for Preliminary Injunction filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
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Filing 33
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Magistrate Judge Camille L. Velez-Rive (Docket No. 32), this case has been randomly assigned within the Case Assignment System to the docket of Magistrate Judge Bruce J. McGiverin. Signed by Clerk on 09/20/2019. (ft)
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Filing 32
ORDER OF RECUSAL. US Magistrate Judge Camille L. Velez-Rive recused. This United States Magistrate Judge disqualifies herself from this case. Title 28, United States Code Annotated, Section 455(a). Thus, this matter is referred to the Clerks Office to be assigned to another United States Magistrate Judge. Signed by US Magistrate Judge Camille L. Velez-Rive on 9/20/2019. (cvr)
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Filing 31
ORDER REFERRING CASE to Magistrate Judge Camille Velez-Rive for Initial Settlement and Scheduling Conference. Failure to comply in a timely manner with deadlines and directives detailed to this referral order may result in the imposition of sanctions. Signed by Judge Gustavo A. Gelpi on 09/20/2019. (CRH) Modified on 9/20/2019 to edit typo (gmm).
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Filing 30
ORDER: Finding as moot #26 Motion for Miscellaneous Relief. See Order at Docket No. #27 . Signed by Judge Gustavo A. Gelpi on 09/20/2019. (CRH)
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Filing 29
ORDER: Noted #25 Informative motion. Signed by Judge Gustavo A. Gelpi on 09/20/2019. (CRH)
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Filing 28
ORDER: Noted #24 Motion for Miscellaneous Relief. Signed by Judge Gustavo A. Gelpi on 09/20/2019. (CRH)
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Filing 27
ORDER: Denying #14 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gustavo A. Gelpi on 09/20/2019. (CRH)
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| Filing 26 MOTION to Limit Second Dismissal Motion to the Issue of Standing filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 10/4/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
| Filing 25 INFORMATIVE Motion regarding Defendant's intention to file a new Motion to Dismiss in response to Plaintiffs' First Amended Verified Complaint filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 10/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 24 MOTION for Expedited Discovery filed by Jose Antonio Fuste on behalf of All Plaintiffs Responses due by 10/3/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fuste, Jose) |
| Filing 23 Memorandum in Opposition to Motion filed by All Plaintiffs Re: #14 MOTION to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez filed by All Plaintiffs. (LaPlaca, Damian) |
| Filing 22 AMENDED COMPLAINT against All Defendants, filed by Victor J. Salgado and Associates, Inc., Ana Salgado-Micheo, Victor J. Salgado-Micheo.(LaPlaca, Damian) |
| Filing 21 NOTICE of Filing First Amended Verified Complaint by All Plaintiffs (LaPlaca, Damian) |
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Filing 20
ORDER: Noted #19 Motion submitting. Signed by Judge Gustavo A. Gelpi on 9/16/2019. (AGF)
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| Filing 19 MOTION Submitting Certified English Translations of Exhibits 1, 3 and 4 of Defendants' Motion to Dismiss re: #15 MOTION for Leave to File Spanish language documents and for extension of time to submit certified translations filed by Alexander Adams, Javier Rivera-Rios, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, 17 Order on Motion for Leave to File Spanish language documents filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 9/30/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Court Order Granting Marshals Assistance (Certified English Translation), #2 Exhibit 3 - Court Order (asset possession) (Certified English Translation), #3 Exhibit 4 - Court Amended Minute (Certified English Translation))(Related document(s) #15 , 17 ) (Ramirez-Ortiz, Juan) |
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Filing 18
ORDER: Granting #16 Motion for Leave to File Excess Pages. Signed by Judge Gustavo A. Gelpi on 9/4/2019. (AGF)
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Filing 17
ORDER: Granting #15 Motion for Leave to File Spanish language documents. Translation are due on or before October 1, 2019. Signed by Judge Gustavo A. Gelpi on 9/4/2019. (AGF)
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| Filing 16 MOTION for Leave to File Excess Pages filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 9/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 15 MOTION for Leave to File Spanish language documents and for extension of time to submit certified translations filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 9/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 9/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1- Court Order Granting Marshals Assistance, #2 Exhibit 2 - Rehabilitation Order, #3 Exhibit 3 - Court Order (asset possession), #4 Exhibit 4 - Court Minute, #5 Exhibit 5 - Insurance Code Provisions)(Ramirez-Ortiz, Juan) |
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Filing 13
ORDER: Denying #9 Motion requesting Order without prejudice in light of the extension of time to answer or move for dismissal at Docket No. 7. Signed by Judge Gustavo A. Gelpi on 8/23/2019. (LE)
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| Filing 12 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. (gmm) |
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Filing 11
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Jay A. Garcia-Gregory (Docket No. 10), this case has been randomly reassigned within the Case Assignment System to the docket of Judge Gustavo A. Gelpi. Signed by Clerk on 08/22/2019. (ft)
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Filing 10
ORDER OF RECUSAL. Upon attaining senior status, Judge Jay A. Garcia-Gregory no longer accept cases where injunctive relief is being sought. Signed by Judge Jay A. Garcia-Gregory on 8/22/2019.(su)
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| Filing 9 First MOTION requesting Order Motion for Rule 16 Conference filed by Damian R. LaPlaca on behalf of All Plaintiffs Responses due by 8/28/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (LaPlaca, Damian) |
| Filing 8 NOTICE of Appearance by Jose Antonio Fuste on behalf of All Plaintiffs (Fuste, Jose) Modified on 8/9/2019 to remove restrictions, inadvertently placed. (mg). |
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Filing 7
ORDER granting #6 Motion for Extension of Time. Defendants' Answer (or pleading) due by 9/3/2019. Signed by Judge Jay A. Garcia-Gregory on 8/1/2019. (JG)
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| Filing 6 MOTION for extension of time until September 2, 2019 to file dispositive motion or answer filed by Juan C. Ramirez-Ortiz on behalf of Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios Responses due by 8/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 5 ***FILED IN ERROR***COUNSEL FILED USING ANOTHER COUNSEL LOGIN & PASSWORD*** NOTICE of Appearance by Damian R. LaPlaca on behalf of All Plaintiffs (LaPlaca, Damian) Modified on 8/7/2019 to add *filed in error* (xi). |
| Filing 4 Corporate Disclosure Statement byAna Salgado-Micheo, Victor J. Salgado-Micheo, Victor J. Salgado and Associates, Inc. identifying Corporate Parent Victor J. Salgado and Associates, Inc. for Ana Salgado-Micheo, Victor J. Salgado and Associates, Inc., Victor J. Salgado-Micheo.. (LaPlaca, Damian) |
| Filing 3 Summons Issued as to Alexander Adams, Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Jay A. Garcia-Gregory (arg) |
| Filing 1 COMPLAINT against Rafael Cestero-Lopategui, Juan Moldes-Rodriguez, Javier Rivera-Rios ( Filing fee $400 receipt number 0104-6493749.), filed by Victor J. Salgado and Associates, Inc., Ana Salgado-Micheo, Victor J. Salgado-Micheo. Service due by 10/9/2019, (Attachments: #1 Civil Cover Sheet Civil Action Cover Sheet, #2 Category Sheet Category Sheet, #3 Summons Summons, #4 Summons Summons, #5 Summons Summons, #6 Summons Summons)(LaPlaca, Damian) |
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