VAMOS, Concertacion Ciudadana Inc. et al v. Commonwealth of Puerto Rico et al
| Alice Sparks/Horner, Maria de Lourdes Guzman-Rivera, Pedro Muniz-Garcia, Jose Enrique Estrada/Carrau, Eliza Llensa-Zuecca, Raquel Gonzalez-Sparks, Justo Mendez-Aramburu, Jose Rodriguez-Baez, Ruben Colon-Morales, VAMOS, Concertacion Ciudadana Inc., Ineabelle Colon-Rivera, Jose Gonzalez-Gierbolini, Jesus Danilo Chinea-Rivera, Alice Sparks-Horner and Enrique Jose Estrada-Carrau |
| Coomonwealth of Puerto Rico, Walter Velez, State Electoral Commission, Office of the Electoral Comptroller, Jose Davila-Rivera, Francisco Rosado-Colomer, Commonwealth of Puerto Rico and Juan Davila-Rivera |
| 3:2020cv01426 |
| August 19, 2020 |
| US District Court for the District of Puerto Rico |
| Francisco A Besosa |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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Filing 46
JUDGMENT: For the reasons in the Opinion and Order filed today, judgment is entered as follows. (1) The plaintiffs' request for permanent injunctive relief, (Docket No. 13) is GRANTED IN PART AND DENIED IN PART. (2) Francisco Rosado-Colomer in his capacity as Chairman of CEE and Walter Velez in his capacity as Comptroller of the Office of the Electoral Comptroller are PERMANENTLY ENJOINED from enforcing, in Act 51, article 6, section 7.1(d), and the portion of section 8.3(a) requiring challenges to be brought in the Puerto Rico Supreme Court. (3) The motions for a temporary restraining order and for preliminary injunctive relief, (Docket Nos. 12-13) are VACATED AS MOOT. (4) The defendants' motions to dismiss, (Docket Nos. 27, 33) are GRANTED IN PART AND DENIED IN PART. (5) All causes of action against the Commonwealth of Puerto Rico, the CEE, and the Office of the Electoral Comptroller are DISMISSED WITHOUT PREJUDICE. (6) The claims made directly pursuant to the Federal Constitution against Rosado and Velez in their official capacities are DISMISSED WITH PREJUDICE. (7) The claims made directly pursuant to the Puerto Rico Constitution against Rosado and Velez in their official capacities are DISMISSED WITHOUT PREJUDICE. (8) The claims pursuant to section 1983 and directly pursuant to the Federal Constitution against Velez and Davila in their personal capacities are DISMISSED WITH PREJUDICE. (9) The claims directly pursuant to the Puerto Rico Constitution against Velez and Davila in their personal capacities are DISMISSED WITHOUT PREJUDICE. Signed by Judge Francisco A. Besosa on 9/24/2020.(AA) Modified on 9/25/2020 to correct docket text (ab).
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Filing 45
OPINION AND ORDER: For the reasons in the Opinion and Order filed today, judgment is entered as follows. (1) The plaintiffs' request for permanent injunctive relief, (Docket No. 13) is GRANTED IN PART AND DENIED IN PART. (2) Francisco Rosado-Colomer in his capacity as Chairman of CEE and Walter Velez in his capacity as Comptroller of the Office of the Electoral Comptroller are PERMANENTLY ENJOINED from enforcing, in Act 51, article 6, section 7.1(d), and the portion of section 8.3(a) requiring challenges to be brought in the Puerto Rico Supreme Court. (3) The motions for a temporary restraining order and for preliminary injunctive relief, (Docket Nos. 12-13) are VACATED AS MOOT. (4) The defendants' motions to dismiss, (Docket Nos. 27, 33) are GRANTED IN PART AND DENIED IN PART. (5) All causes of action against the Commonwealth of Puerto Rico, the CEE, and the Office of the Electoral Comptroller are DISMISSED WITHOUT PREJUDICE. (6) The claims made directly pursuant to the Federal Constitution against Rosado and Velez in their official capacities are DISMISSED WITH PREJUDICE. (7) The claims made directly pursuant to the Puerto Rico Constitution against Rosado and Velez in their official capacities are DISMISSED WITHOUT PREJUDICE. (8) The claims pursuant to section 1983 and directly pursuant to the Federal Constitution against Velez and Davila in their personal capacities are DISMISSED WITH PREJUDICE. (9) The claims directly pursuant to the Puerto Rico Constitution against Velez and Davila in their personal capacities are DISMISSED WITHOUT PREJUDICE. Signed by Judge Francisco A. Besosa on 9/24/2020. (AA) Modified on 9/25/2020 to add docket text "Opinion and" (ab).
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| Filing 44 REPLY to Response to Motion Omnibus Reply filed by All Plaintiffs Re: #33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by State Electoral Commission, Francisco Rosado-Colomer, Commonwealth of Puerto Rico, #27 MOTION to dismiss under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) as to Walter Velez, Office of the Electoral Comptroller filed by Walter Velez, Office of the Electoral Comptroller, #38 MOTION for Joinder Re: #33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by State Electoral Commission, Francisco Rosado-Colomer, Commonwealth of Supplemental Motion to Dismiss (Docket No. 33) as to qualified immunity argument on behalf of co-defendant Juan Davila-Rivera filed by Juan Davila-Rivera filed by All Plaintiffs. (Maldonado-Nieves, Roberto) |
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Filing 43
ORDER finding as moot #40 Motion for Leave to File Signed by Judge Francisco A. Besosa on 9/23/2020. (AA)
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Filing 42
ORDER granting #41 Motion for Leave to File Signed by Judge Francisco A. Besosa on 9/23/2020. (AA)
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| Filing 41 MOTION for Leave to File Document in excess pages pursuant to Rule 7(d) filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 10/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 40 MOTION for Leave to File Document Omnibus Reply filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 10/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
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Filing 39
ORDER granting #38 Motion for Joinder; noted #38 Supplemental Motion Signed by Judge Francisco A. Besosa on 9/22/2020. (AA)
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| Filing 38 MOTION for Joinder Re: #33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by State Electoral Commission, Francisco Rosado-Colomer, Commonwealth of Puerto Rico, #35 Response to Motion,,,, filed by State Electoral Commission, Francisco Rosado-Colomer, Commonwealth of Puerto Rico, Supplemental Motion to Dismiss (Docket No. 33) as to qualified immunity argument on behalf of co-defendant Juan Davila-Rivera filed by Juan C. Ramirez-Ortiz on behalf of Juan Davila-Rivera Responses due by 10/6/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #33 , #35 ) (Ramirez-Ortiz, Juan) |
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Filing 37
ORDER: GRANTED, but this motion for extension of time may be additional evidence that the plaintiffs are not interested in a speedy resolution of this case. #36 Motion for extension of time: Signed by Judge Francisco A. Besosa on 9/21/2020. (AA)
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| Filing 36 Emergency MOTION for extension of time until September 23, 2020 to submit replies filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 10/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) Modified on 9/22/2020 to correct typo (ab). |
| Filing 35 RESPONSE to Motion filed by Francisco Rosado-Colomer, Commonwealth of Puerto Rico, State Electoral Commission Re: #13 MOTION for Preliminary Injunction and permanent injunction filed by Jesus Danilo Chinea-Rivera, Justo Mendez-Aramburu, Ineabelle Colon-Rivera, Jose Rodriguez-Baez, Maria de Lourdes Guzman-Rivera, Raquel Gonzalez-Sparks, Eliza Llensa-Zuecca, Alice Sparks-Horner, Vamos, Concertacion Ciudadana Inc., Pedro Muniz-Garcia, Enrique Jose Estrada-Carrau, Ruben Colon-Morales, Jose Gonzalez-Gierbolini, #12 MOTION for Temporary Restraining Order filed by Jesus Danilo Chinea-Rivera, Justo Mendez-Aramburu, Ineabelle Colon-Rivera, Jose Rodriguez-Baez, Maria de Lourdes Guzman-Rivera, Raquel Gonzalez-Sparks, Eliza Llensa-Zuecca, Alice Sparks-Horner, Pedro Muniz-Garcia, Vamos, Concertacion Ciudadana Inc., Enrique Jose Estrada-Carrau, Jose Gonzalez-Gierbolini, Ruben Colon-Morales filed by Francisco Rosado-Colomer, Commonwealth of Puerto Rico, State Electoral Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Torres-Ortiz, Joel) |
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Filing 34
ORDER granting #32 Motion for Leave to File Signed by Judge Francisco A. Besosa on 9/18/2020. (AA)
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| Filing 33 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by Joel Torres-Ortiz on behalf of Francisco Rosado-Colomer, Commonwealth of Puerto Rico, State Electoral Commission Responses due by 10/2/2020. 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)(Torres-Ortiz, Joel) |
| Filing 32 MOTION for Leave to File Document in excess of pages filed by Joel Torres-Ortiz on behalf of Commonwealth of Puerto Rico, State Electoral Commission, Francisco Rosado-Colomer Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Ortiz, Joel) |
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Filing 31
ORDER granting #30 Motion to Withdraw Signed by Judge Francisco A. Besosa on 9/18/2020. (AA)
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| Filing 30 MOTION to Withdraw Legal Representation as to Walter Velez and the Office of the Electoral Comptroller filed by Joel Torres-Ortiz on behalf of Commonwealth of Puerto Rico Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Ortiz, Joel) |
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Filing 29
ORDER granting #26 Motion for Leave to File Excess Pages Signed by Judge Francisco A. Besosa on 9/18/2020. (AA)
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| Filing 28 RESPONSE in Opposition to Motion for TRO and Injunction filed by Office of the Electoral Comptroller, Walter Velez Re: #13 MOTION for Preliminary Injunction and permanent injunction filed by Jesus Danilo Chinea-Rivera, Justo Mendez-Aramburu, Ineabelle Colon-Rivera, Jose Rodriguez-Baez, Maria de Lourdes Guzman-Rivera, Raquel Gonzalez-Sparks, Eliza Llensa-Zuecca, Alice Sparks-Horner, Vamos, Concertacion Ciudadana Inc., Pedro Muniz-Garcia, Enrique Jose Estrada-Carrau, Ruben Colon-Morales, Jose Gonzalez-Gierbolini, #12 MOTION for Temporary Restraining Order filed by Jesus Danilo Chinea-Rivera, Justo Mendez-Aramburu, Ineabelle Colon-Rivera, Jose Rodriguez-Baez, Maria de Lourdes Guzman-Rivera, Raquel Gonzalez-Sparks, Eliza Llensa-Zuecca, Alice Sparks-Horner, Pedro Muniz-Garcia, Vamos, Concertacion Ciudadana Inc., Enrique Jose Estrada-Carrau, Jose Gonzalez-Gierbolini, Ruben Colon-Morales filed by Office of the Electoral Comptroller, Walter Velez. (Attachments: #1 Exhibit Exhbit 1 - Provisions of Regulation No. 38)(Cardona-Fernandez, Carlos) |
| Filing 27 MOTION to dismiss under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) as to Walter Velez, Office of the Electoral Comptroller filed by Carlos E. Cardona-Fernandez on behalf of Walter Velez, Office of the Electoral Comptroller Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhbit 1 - Provisions of Regulation No. 38)(Cardona-Fernandez, Carlos) |
| Filing 26 MOTION for Leave to File Excess Pages Motion to Dismiss and Opposition to TRO and Injunction filed by Carlos E. Cardona-Fernandez on behalf of Office of the Electoral Comptroller, Walter Velez Responses due by 10/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cardona-Fernandez, Carlos) |
| Filing 25 NOTICE of Appearance by Carlos E. Cardona-Fernandez on behalf of Office of the Electoral Comptroller, Walter Velez (Cardona-Fernandez, Carlos) |
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Filing 24
ORDER: The defendants will answer the complaint, file any appropriate motion, or file any response to the plaintiffs' motions, including the motion for preliminary and permanent injunctions, no later than September 18, 2020 at 4:00 PM. The plaintiffs shall reply to or otherwise oppose any of the defendants motions or filings no later than September 21, 2020 at 4:00 PM. No extensions will be allowed.Signed by Judge Francisco A. Besosa on 9/15/2020.(AA)
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| Filing 23 NOTICE of Appearance by Juan C. Ramirez-Ortiz on behalf of Commonwealth of Puerto Rico, Juan Davila-Rivera, State Electoral Commission (Ramirez-Ortiz, Juan) |
| Filing 22 NOTICE of Appearance by Joel Torres-Ortiz on behalf of Commonwealth of Puerto Rico, Office of the Electoral Comptroller, State Electoral Commission, Walter Velez (Torres-Ortiz, Joel) |
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Filing 21
ORDER re #20 Motion requesting Order: GRANTED. The orders shall be notified no later than Monday, September 14, 2020. Notifications due by 9/14/2020. Signed by Judge Francisco A. Besosa on 9/11/2020. (grf)
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| Filing 20 MOTION requesting Order to notify court orders filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
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Filing 19
ORDER re #14 Informative Motion: NOTED. A certified translation of Act 51 is not necessary; the Court was able to obtain an official translation of the Act. Signed by Judge Francisco A. Besosa on 09/09/2020. (brc)
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Filing 18
ORDER re #11 Informative Motion: NOTED. Signed by Judge Francisco A. Besosa on 09/09/2020. (brc)
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Filing 17
ORDER re #10 Informative Motion: NOTED. Signed by Judge Francisco A. Besosa on 09/09/2020. (brc)
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Filing 16
ORDER: Pursuant to Federal Rule of Civil Procedure 25(d), Francisco Rosado-Colomer is substituted as party defendant for Juan Ernesto Davila-Rivera, only in his official capacity as Chairman of the State Election Commission. Signed by Judge Francisco A. Besosa on 9/9/2020.(AA)
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Filing 15
ORDER: Having received service of process, the defendants shall respond to the motion for a temporary restraining order and motion for a preliminary and permanent injunction no later than September 18, 2020. See Docket Nos. 12 & 13. Any reply will be filed no later than September 21, 2020. The plaintiffs shall substitute the former Commissioner of the State Election Commission with the current Commissioner, Francisco Rosado-Colomer Signed by Judge Francisco A. Besosa on 9/9/2020.(AA)
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| Filing 14 INFORMATIVE Motion regarding certified translations filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 13 MOTION for Preliminary Injunction and permanent injunction filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Ex 1 Act 51, #2 Exhibit Ex 2 Statement under pen of perj Justo Mendez, #3 Exhibit Ex 3 Statement under pen of perj Mara de Lourdes Guzmn, #4 Exhibit Ex 4 Statement under penal of perj Ruben Colon-Morales, #5 Exhibit Ex 5 Statement under penalty of perjury Raquel Gonzlez, #6 Exhibit Ex 6 Statement under penal of perj J Danilo Chinea, #7 Exhibit Ex 7 Statement under penalty of perj Alice Sparks, #8 Exhibit Ex 8 Statement under penal of perj Jose Gonzalez, #9 Exhibit Ex 9 Statement under penal perj Pedro Muniz, #10 Exhibit Ex 10 Staement under penal of perj Ineabelle Colon, #11 Exhibit Ex 11 Statement under penal of perj Jose Rodrguez)(Maldonado-Nieves, Roberto) |
| Filing 12 MOTION for Temporary Restraining Order filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 11 INFORMATIVE Motion regarding Notice to Defendants of TRO Motion and Preliminary Inj Motion filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 10 INFORMATIVE Motion regarding service of process of defendants filed by Roberto O. Maldonado-Nieves on behalf of All Plaintiffs Responses due by 9/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons Summons served Commonwealth, #2 Summons Summons served State Electoral Commission, #3 Summons Summons Dvila Rivera in official and Pers capacity, #4 Summons Summons of Office of Comptroller of Elections and Walter Velez in official and personal capacity r, #5 Exhibit Statement under penalty of perjury of process server)(Maldonado-Nieves, Roberto) |
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Filing 9
ORDER: The plaintiffs shall provide the Court with English translations of all statutes and cases cited in the complaint and all subsequent pleadings no later than September 18, 2020. See Puerto Ricans for Puerto Rico Party v. Dalmau, 544 F.3d 58, 67 (1st Cir. 2008) ("Where a party makes a motion... based on a decision that was written in a foreign language, the party must provide the district court with and put into the record and English translation of the decision."); 48 U.S.C. 864. In addition, Local Rule 5(g) requires that "all documents not in the English language which are presented or filed, whether as evidence or otherwise, must be accompanied by a certified translation into English." Local R. 5(g). The Court will not consider any statute or case not in English unless there is an official translation, or the authority is accompanied by a certified translation. Signed by Judge Francisco A. Besosa on 8/21/2020.(AA)
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Filing 8
AMENDED ORDER re #1 Complaint. Plaintiffs will serve process on defendants no later than August 26, 2020, and defendants will answer the complaint or file any appropriate motion no later than September 18, 2020. Plaintiffs will file any opposition to the motions which may be filed by defendants no later than September 25, 2020. No extensions will be allowed. Signed by Judge Francisco A. Besosa on 08/20/2020. (brc)
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| Filing 7 Summons Issued as to Office of the Electoral Comptroller (Attachments: #1 Summons) (arg) |
| Filing 6 NOTICE Summons of Office of Comptroller of Elections by All Plaintiffs (Maldonado-Nieves, Roberto) |
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Filing 5
ORDER re #1 Complaint. In view of the closeness of the date of the upcoming elections, during which date the Statehood, Yes or No, referendum is scheduled to be held, plaintiffs will serve process on defendants no later than August 26, 2020, and defendants will answer the complaint or file any appropriate motion no later than September 18, 2020. Plaintiffs will file any opposition to the motions which may be filed by defendants no later than September 25, 2020. No extensions will be allowed. Signed by Judge Francisco A. Besosa on 08/20/2020. (brc)
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| Filing 4 Summons Issued as to Commonwealth of Puerto Rico, Juan Davila-Rivera, State Electoral Commission, Walter Velez (Attachments: #1 Summons) (arg) |
| Filing 3 NOTICE of Filing Exhibits Civil Category Sheet (Maldonado-Nieves, Roberto) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Francisco A. Besosa (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6987617.), filed by Pedro Muniz-Garcia, Maria de Lourdes Guzman-Rivera, Eliza Llensa-Zuecca, Justo Mendez-Aramburu, Jose Gonzalez-Gierbolini, Jose Enrique Estrada/Carrau, Raquel Gonzalez-Sparks. Service due by 11/17/2020, (Attachments: #1 Category Sheet Civil Category Sheet, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons Commonwealth of Puerto Rico, #4 Summons Summons State Electoral Commission, #5 Summons Summons Juan Davila Rivera official capacity, #6 Summons Summons Juan Davila in personal capacity, #7 Summons Summons Walter Velez Off Capacity, #8 Summons Summons Walter Velez Personal Capacity)(Maldonado-Nieves, Roberto) |
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