Tilsor, S.A. v. Oracle Caribbean, Inc. et al
| Tilsor, S.A. |
| John Doe, Oracle Caribbean, Inc. and ABC Company, Inc. |
| 3:2019cv01875 |
| September 16, 2019 |
| US District Court for the District of Puerto Rico |
| Silvia Carreno-Coll |
| Pedro A Delgado-Hernandez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 37 MOTION for Leave to File Spanish language documents at Docket No. 36 filed by Kenneth C. Suria-Rivera on behalf of Tilsor, S.A. Responses due by 11/21/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth) |
| Filing 36 Emergency MOTION to Supplement Dockets 1, 2 and Preliminary Injunction Due to Recent Events re #2 Emergency MOTION for Temporary Restraining Order against Defendants filed by Tilsor, S.A., #1 Complaint,,,,, filed by Tilsor, S.A. filed by Kenneth C. Suria-Rivera on behalf of All Plaintiffs Responses due by 11/21/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Declaration under Penalty of Perjury, #2 Exhibit I - Notice of Intimation - OSE, #3 Exhibit II - Notice of Expiration - Telefonica, #4 Exhibit III - Bid Award - Telefonica, #5 Exhibit IV - Cancellation Telegram - Telefonica)(Related document(s) #2 , #1 ) (Suria-Rivera, Kenneth) |
| Filing 35 Minute Entry for proceedings held before US Magistrate Judge Silvia Carreno-Coll: Case called for Preliminary Injunction Hearing but not held on 10/29/2019. Present on behalf of Plaintiff were Attorney Francisco Ojeda-Diez and Attorney Kenneth Suria-Rivera, on behalf of the Defendants Attorney Manuel Fernandez-Bared and Attorney Nayda Perez-Roman. The parties stated on the record their position respect to pending filings and motions and then engaged in meaningful settlement conversation which are on their way. Parties will inform by 1:30 PM of 10/30/2019 if they have reached an agreement in principle, dispositive of all pending matters. If the parties have not reached an agreement by then, the Preliminary Injunction Hearing will begin at 1:30 PM on 10/30/2019 at Courtroom 8 before US Magistrate Judge Silvia Carreno-Coll. (Court Reporter DCR / Courtroom 8.) (ram) Modified on 10/29/2019 to correct date as to parties' report (mr). |
| Filing 34 MEMORANDUM in Opposition / Response to Plaintiff's Motion to Strike Defendant's Opposition to Motion for Preliminary Injunction filed by Oracle Caribbean, Inc. Re: #33 MOTION to Strike Docket No. 30 Re: #30 Objection to filed by Oracle Caribbean, Inc. filed by Tilsor, S.A. filed by Oracle Caribbean, Inc.. (Perez-Roman, Nayda) |
| Filing 33 MOTION to Strike Docket No. 30 Re: #30 Objection to filed by Oracle Caribbean, Inc. filed by Kenneth C. Suria-Rivera on behalf of Tilsor, S.A. 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) #30 ) (Suria-Rivera, Kenneth) |
| Filing 32 MOTION to Strike Defendant Orcacle's Reply to Plaintiff;s Memorandum of Law in opposition to Defendant's Motion to Dismiss" or, alternatively, for leave to file sur-reply Re: #31 Objection to, filed by Oracle Caribbean, Inc. filed by Francisco A. Ojeda-Diez on behalf of Tilsor, S.A. 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) #31 ) (Ojeda-Diez, Francisco) |
| Filing 31 OBJECTION / Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss filed by Oracle Caribbean, Inc. Re: #19 Response in Opposition to Motion filed by Tilsor, S.A. filed by Oracle Caribbean, Inc.. (Perez-Roman, Nayda) |
| Filing 30 OBJECTION / OPPOSITION TO PRELIMINARY INJUNCTION filed by Oracle Caribbean, Inc. filed by Oracle Caribbean, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Perez-Roman, Nayda) |
| Filing 29 MOTION for Leave to File Excess Pages filed by Nayda I. Perez-Roman on behalf of Oracle Caribbean, Inc. Responses due by 11/8/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Roman, Nayda) |
| Filing 28 MOTION for Leave to File Document and for Extension of Time filed by Nayda I. Perez-Roman on behalf of Oracle Caribbean, Inc. Responses due by 11/4/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Roman, Nayda) |
Filing 27
ORDER denying #23 Motion to Continue. Signed by US Magistrate Judge Silvia Carreno-Coll on 10/21/2019. (Carreno-Coll, Silvia)
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Filing 26
ORDER noted #21 Motion submitting certified translations. Signed by US Magistrate Judge Silvia Carreno-Coll on 10/21/2019. (Carreno-Coll, Silvia)
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Filing 25
ORDER granting #13 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Silvia Carreno-Coll on 10/21/2019. (Carreno-Coll, Silvia)
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| Filing 24 RESPONSE in Opposition to Motion at Docket Nos. 14 and 23, and Motion to Deem Docket No. 2 as Unopposed filed by Tilsor, S.A. Re: #14 MOTION regarding Docket 12 re #2 Emergency MOTION for Temporary Restraining Order against Defendants filed by Tilsor, S.A., #1 Complaint,,,,, filed by Tilsor, S.A., #12 MOTION to Dismiss for Failure to State a Claim 2 Emergency MOTION for Temporary Restraining Order against Defendants filed by Tilsor, S.A., #23 MOTION to Continue / Motion for Brief Continuance of the Preliminary Injunction Hearing filed by Oracle Caribbean, Inc. filed by Tilsor, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Attachment A)(Suria-Rivera, Kenneth) |
| Filing 23 MOTION to Continue / Motion for Brief Continuance of the Preliminary Injunction Hearing filed by Nayda I. Perez-Roman on behalf of Oracle Caribbean, Inc. Responses due by 11/1/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Roman, Nayda) |
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Filing 22
ORDER: Noting #20 "Notice of Appearance." Signed by Judge Pedro A. Delgado-Hernandez on 10/15/2019. (ebb)
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| Filing 21 MOTION Submitting Certified Translations filed by Manuel Fernandez-Bared on behalf of Oracle Caribbean, Inc. Responses due by 10/29/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fernandez-Bared, Manuel) |
| Filing 20 NOTICE of Appearance by Nayda I. Perez-Roman on behalf of Oracle Caribbean, Inc. (Perez-Roman, Nayda) |
| Filing 19 RESPONSE in Opposition to Motion to Dismiss filed by Tilsor, S.A. Re: #12 MOTION to Dismiss for Failure to State a Claim filed by Oracle Caribbean, Inc. filed by Tilsor, S.A.. (Ojeda-Diez, Francisco) |
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Filing 18
ORDER: Denying #17 "Motion for Withdrawal as Counsel" pending appearance of new legal representation. Signed by Judge Pedro A. Delgado-Hernandez on 10/11/2019. (MPL)
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| Filing 17 MOTION to Withdraw Attorney as to Carlos R. Rivera-Ortiz filed by Carlos R. Rivera-Ortiz on behalf of Oracle Caribbean, Inc. Responses due by 10/25/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Ortiz, Carlos) |
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Filing 16
ORDER : Preliminary Injunction Hearing is set for 10/29/2019 at 9:30 AM in Courtroom 8 before US Magistrate Judge Silvia Carreno-Coll. Joint Motions to continue the Preliminary Injunction Hearing 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 15
ORDER REFERRING #12 "Motion to Dismiss," #13 "Motion for Leave to File Spanish Language Documents," #14 "Motion Regarding Docket 12" to U.S. Magistrate Judge Silvia Carreno-Coll. Signed by Judge Pedro A. Delgado-Hernandez on 10/1/2019. (MPL)
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| Filing 14 MOTION regarding Docket 12 re #2 Emergency MOTION for Temporary Restraining Order against Defendants filed by Tilsor, S.A., #1 Complaint,,,,, filed by Tilsor, S.A., #12 MOTION to Dismiss for Failure to State a Claim filed by Oracle Caribbean, Inc. filed by Carlos R. Rivera-Ortiz on behalf of Oracle Caribbean, Inc. 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) #2 , #1 , #12 ) (Rivera-Ortiz, Carlos) |
| Filing 13 MOTION for Leave to File Spanish language documents filed by Carlos R. Rivera-Ortiz on behalf of Oracle Caribbean, Inc. Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Ortiz, Carlos) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim filed by Carlos R. Rivera-Ortiz on behalf of Oracle Caribbean, Inc. 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 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Rivera-Ortiz, Carlos) |
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Filing 11
ORDER: Noting #8 "Motion In Compliance with Order." Signed by Judge Pedro A. Delgado-Hernandez on 9/20/2019. (EMJ)
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Filing 10
ORDER: Noting #9 "Appearance of Counsel and Request for Notice." Signed by Judge Pedro A. Delgado-Hernandez on 9/19/2019. (ebb)
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| Filing 9 NOTICE of Appearance by Sylvia M. Arizmendi-Lopez-de-V on behalf of Oracle Caribbean, Inc. (Arizmendi-Lopez-de-V, Sylvia) |
| Filing 8 Motion In Compliance with this Honorable Court's Order of September 17, 2019 filed by Francisco A. Ojeda-Diez on behalf of Tilsor, S.A. Responses due by 10/2/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Executed Summons as to Oracle Caribbean Inc., #2 Exhibit Unsworn Statement under Penalty of Perjury pursuant to 28 U.S.C. 1746)(Ojeda-Diez, Francisco) |
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Filing 7
ORDER: Noting #6 "Notice of Appearance and Request for Notice." Signed by Judge Pedro A. Delgado-Hernandez on 9/17/2019. (ebb)
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| Filing 6 NOTICE of Appearance and request for notice by Francisco A. Ojeda-Diez on behalf of Tilsor, S.A. (Ojeda-Diez, Francisco) |
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Filing 5
ORDER: See attached. The request for a Temporary Restraining Order at Docket No. 2 is DENIED. The case is REFERRED to U.S. Magistrate Judge Silvia Carreno-Coll to hold a hearing on the Preliminary Injunction requested and issue a Report and Recommendation. Service of process in accordance with this order is due by noontime on September 20, 2019. Defendants shall answer the complaint or otherwise plead by September 30, 2019. Signed by Judge Pedro A. Delgado-Hernandez on 9/17/2019. (EMJ)
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| Filing 4 Summons Issued as to Oracle Caribbean, Inc. (Attachments: #1 Summons) (arg) (Main Document 4 replaced on 9/17/2019 to correct date of signature) (mr). |
| Filing 3 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 2 ***EX-PARTE***Emergency MOTION for Temporary Restraining Order against Defendants filed by Kenneth C. Suria-Rivera on behalf of Tilsor, S.A. 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 Text of Proposed Order, #2 Affidavit Declaration under Penalty of Perjury of Jorge L. Vidart Narancio, #3 Memorandum of Law)(Suria-Rivera, Kenneth) |
| Filing 1 COMPLAINT (VERIFIED) against All Defendants ( Filing fee $400 receipt number 0104-6591083.), filed by Tilsor, S.A.. Service due by 12/16/2019, (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons, #4 Exhibit 1. MDA, #5 Exhibit 2. Renewal Plat., #6 Exhibit 3. Oracle U., #7 Exhibit 4. Fuda-MDA emails, #8 Exhibit 5. Temporary extension emails, #9 Exhibit 6. OPN letters, #10 Exhibit 7. Emails on orders rejections, #11 Exhibit 8. Ethics Point Report, #12 Exhibit 9. Oracle's response 5/20/19, #13 Exhibit 10. Email to Vamos and Silveira 5/23/19, #14 Exhibit 11. Email to Vamos and Silveira, #15 Exhibit 12. Email to D. Daley 5/24/19, #16 Exhibit 13. Email with letter for Azor 5/24/19, #17 Exhibit 14. String of Emails D. Daley 5/28/19, #18 Exhibit 15. Email to Silveira 5/28/19, #19 Exhibit 16. Email to Silveira and Daley 6/6/19, #20 Exhibit 17. String of Emails Vidart 6/18/19, #21 Exhibit 18. String of Emails Vidart-Azeredo 6/21/19, #22 Exhibit 19. Email from client, #23 Exhibit 20. Email Azeredo-Vidart 7/30/19, #24 Exhibit 21. Email for client, #25 Exhibit 22. Letter from client, #26 Exhibit 23. Accountant's Debt Certification, #27 Exhibit 24. Accounting Certificate, #28 Exhibit 25. Letter to Oracle 7-15-19)(Suria-Rivera, Kenneth) |
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