Rivera v. Kress Stores P.R., Inc. et al
| ZULEYKA RIVERA |
| Kress Stores, P.R., INC.,, MARK BEREZDIVIN, Insurers A and B and Kress Stores P.R., Inc. |
| 3:2020cv01350 |
| July 17, 2020 |
| US District Court for the District of Puerto Rico |
| Aida M Delgado-Colon |
| P.I.: Other |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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Filing 29
MOTION for Leave to File Document Reply to Plaintiff's Opposition to Dismissal (Docket 26) filed by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. Responses due by 9/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Martinez-Llorens, Luis)
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Filing 28
MOTION for Leave to File Document filed by Nelson N. Cordova-Morales on behalf of Mark Berezdivin Responses due by 9/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Tendered Reply)(Cordova-Morales, Nelson)
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Filing 27
MOTION for Leave to File Document (reply) filed by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. Responses due by 9/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 26
RESPONSE in Opposition to Motion filed by Zuleyka Rivera Re: #25 MOTION to dismiss Pursuant to Rules 12(b) (1) and (6) in Light of Forum Selection Clause as to Zuleyka Rivera filed by Kress Stores P.R., Inc., #24 MOTION to Dismiss for Failure to State a Claim filed by Mark Berezdivin filed by Zuleyka Rivera. (Prado-Galarza, Edwin) Modified typographical error on 8/26/2020 (idg).
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Filing 25
MOTION to dismiss Pursuant to Rules 12(b) (1) and (6) in Light of Forum Selection Clause as to Zuleyka Rivera filed by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis) Modified typographical error on 8/26/2020 (idg).
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Filing 24
MOTION to Dismiss for Failure to State a Claim filed by Nelson N. Cordova-Morales on behalf of Mark Berezdivin Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cordova-Morales, Nelson)
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Filing 23
ORDER re #22 Motion to Vacate Hearing. In light of the joint stipulation at ECF No. 21, which the parties agree-"conclusively moots the issuance of a preliminary injunction-," the motion to vacate the preliminary injunction hearing at ECF No. 22 is GRANTED. The Court hereby vacates the hearing scheduled for August 13, 2020. The Stipulation at ECF No. 21 is binding and enforceable. Signed by Judge Aida M. Delgado-Colon on 8/7/2020. (wm)
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Filing 22
MOTION for Hearing Motion to Vacate Hearing filed by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. Responses due by 8/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 21
STIPULATION Joint Stipulation by Kress Stores P.R., Inc.. (Martinez-Llorens, Luis)
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Filing 20
ORDER. The parties had been instructed to file, in advance of the evidentiary hearing any piece or item that was intended to be presented in evidence. For such purposes they were to coordinate and deliver such evidence to my Courtroom Deputy. Plaintiff has informed and sought instructions from Courtroom Deputy on how to handle and submit demonstrative evidence (clothing and toiletries) which counsel intends to present. Accordingly, plaintiff is to make such evidence available for inspection by defendants at a date and time agreed upon but prior to August 12,2020 at noon time. Inspection to be carried out at plaintiff's counsel office. Parties inspecting the evidence are to place their initials within any tag already attached to the item or on the item per se. Were defendants to decline or refuse to attend inspection, any objections to such piece of evidence, will be deemed waived. Meanwhile Plaintiff will submit to the Court and opposing counsel a picture(s) of such tems (clothing and toiletries). So Ordered. Signed by Judge Aida M. Delgado-Colon on 8/6/2020.(sr)
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Filing 19
ORDER granting #18 Motion for Extension of Time to Answer. Co-defendant Mark Berezdivin's motion for extension of time at is GRANTED. Co-defendant Mark Berezdivin's is granted until August 7, 2020 to answer the complaint. All other deadlines remain unaltered. Answer deadline due by 8/7/2020. Signed by Judge Aida M. Delgado-Colon on 8/5/2020. (wm)
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Filing 18
MOTION for Extension of Time to File Answer filed by Nelson N. Cordova-Morales on behalf of Mark Berezdivin Responses due by 8/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cordova-Morales, Nelson)
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Filing 17
NOTICE of Appearance by Nelson N. Cordova-Morales on behalf of Mark Berezdivin (Cordova-Morales, Nelson)
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Filing 16
ORDER re #15 MOTION for Extension of Time until August 28, 2020 to File Answer of Complaint filed by Kress Stores P.R., Inc. The Court ordered the parties to "be ready for an evidentiary hearing by August 13, 2020" should they fail reach a settlement by August 11, 2020. ECF No. 9. Via Opinion and Order, ECF No. 9, the Court granted plaintiff's request for a temporary restraining order and ordered defendants to file their answer to the complaint within 10 days upon service. According to ECF No. 11, co-defendant Kress Stores of P.R., Inc.'s "president and/or authorized agent," Mark Berezdivin, certified receiving notice of the Court's Opinion and Order on July 23, 2020. On July 28, 2020, co-defendant Kress Stores of P.R., Inc. filed a motion requesting an extension of time to answer the complaint. ECF No. 15. However, other than stating that "an investigation is being now conducted," the request is devoid of any showing of "good cause" as required by Fed. R. Civ. P. 6(b). Considering that an evidentiary hearing is scheduled to take place on or before August 13, 2020, the motion for extension of time at ECF No. 15 is GRANTED IN PART. Co-defendant defendant Kress Stores of P.R., Inc. is granted until August 7, 2020 to answer the complaint. Answer deadline due by 8/7/2020. All other deadlines remain as previously set.Signed by Judge Aida M. Delgado-Colon on 7/29/2020. (wm) Modified typographical error and added deadline information on 7/30/2020 (idg).
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Filing 15
MOTION for Extension of Time until August 28, 2020 to File Answer of Complaint filed by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. Responses due by 8/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 14
NOTICE of Appearance by Luis G. Martinez-Llorens on behalf of Kress Stores P.R., Inc. (Martinez-Llorens, Luis)
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Filing 13
***RESTRICTED*** SUBPOENA Returned Executed on 07/23/2020 (Prado-Galarza, Edwin)
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Filing 12
***RESTRICTED*** SUBPOENA Returned Executed on 07/23/2020 (Prado-Galarza, Edwin)
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Filing 11
ACKNOWLEDGEMENT OF SERVICE Executed Served Copy of Opinion and Order to Defendants (Doc 9) filed by Zuleyka Rivera. (Prado-Galarza, Edwin)
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Filing 10
ORDER re #4 INFORMATIVE motion. NOTED. Signed by Judge Aida M. Delgado-Colon on 7/22/2020. (wm)
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Filing 9
OPINION AND ORDER re #2 MOTION for Temporary Restraining Order filed by Zuleyka Rivera. Based on the allegations and submissions on record, which include prior communications exchanged with and by defendants, including defendants' acknowledgment of the debt incurred, the Court GRANTS plaintiff's request for a temporary restraining order at ECF No. 2. Parties are granted until August 11, 2020 to attempt settlement. Were settlement efforts to fail, the parties are to file their evidence duly marked and identify their respective witnesses while providing a brief summary of their testimony. Parties are to be ready for an evidentiary hearing by August 13, 2020 at 10:00 a.m. Evidentiary Hearing is set for 8/13/2020 at 10:00 AM in VTC Bridge ADC before Judge Aida M. Delgado-Colon. Signed by Judge Aida M. Delgado-Colon on 7/22/2020.(wm)
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Filing 8
SUMMONS Returned Executed by ZULEYKA RIVERA upon Kress Stores, P.R., INC., served on 7/21/2020, answer due 8/11/2020. (Prado-Galarza, Edwin)
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Filing 7
SUMMONS Returned Executed by ZULEYKA RIVERA upon MARK BEREZDIVIN served on 7/21/2020, answer due 8/11/2020. (Prado-Galarza, Edwin)
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Filing 6
Summons Issued as to MARK BEREZDIVIN, Kress Stores, P.R., INC., (Attachments: #1 Summons) (arg)
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Filing 5
NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Aida M. Delgado-Colon (arg)
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Filing 4
INFORMATIVE Motion regarding notice of defective filing in reference to Category Sheet filed by Edwin Prado-Galarza on behalf of ZULEYKA RIVERA Responses due by 8/3/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Category Sheet)(Prado-Galarza, Edwin)
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Filing 3
CLERK'S NOTICE OF DEFECTIVE FILING.Category sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 7/21/2020. (arg)
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Filing 2
MOTION for Temporary Restraining Order filed by Edwin Prado-Galarza on behalf of ZULEYKA RIVERA Responses due by 7/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Prado-Galarza, Edwin)
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Filing 1
COMPLAINT against MARK BEREZDIVIN, Kress Stores, P.R., INC., ( Filing fee $400 receipt number 0104-6953311.), filed by ZULEYKA RIVERA. Service due by 10/15/2020, (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Prado-Galarza, Edwin)
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