Caldwell v. Allied Universal Security Services LLC et al.
| Emmett Caldwell |
| AIG American International Group, Allied Universal Security Services LLC, Ramon Adjuster, Retailer Value Inc., M. Montanez, Home Depot P.R. Inc. and Retail Value Inc. |
| 3:2020cv01461 |
| September 4, 2020 |
| US District Court for the District of Puerto Rico |
| Jay A Garcia-Gregory |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 166 Summons Issued as to Allied Universal Security Services LLC. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) |
Filing 165
ORDER noted #154 INFORMATIVE motion; noted #163 INFORMATIVE motion; granting #163 Motion to Stay. The case shall be stayed until 7/10/2023, at which point the stay will be automatically lifted. Status Report due by 7/10/2023. Signed by Judge Jay A. Garcia-Gregory on 6/15/2023. (MQ)
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Filing 164
ORDER granting #118 Motion to Quash Service of Process as to Allied Universal Security Services, LLC. Plaintiff improperly served co-Defendant Allied by serving process on an employee that was not authorized to receive service on behalf of Allied. Docket Nos. 118; 156 at 1. Moreover, Allied has not submitted to the jurisdiction of this Court, and its "first defensive move" was to file a motion to quash service, alleging insufficient service of process and lack of personal jurisdiction. See Glater v. Eli Lilly & Co., 712 F.2d 735, 738 (1st Cir. 1983). As such, the Motion is hereby GRANTED. The Clerk of Court shall reissue summons as to Allied. Plaintiff's appointed counsel shall coordinate service of process. Pursuant to Local Civil Rule 83L, Plaintiff shall bear the costs of any litigation expenses to the extent it is financially feasible. Otherwise, appointed counsel may request reimbursement of expenses pursuant to Local Civil Rule 83L and the applicable guidelines. See https://www.prd.uscourts.gov/civil-pro-bono-assignments. Service of Process Deadline due by 7/17/2023. Signed by Judge Jay A. Garcia-Gregory on 6/15/2023. (MQ)
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| Filing 163 ***EX-PARTE*** INFORMATIVE Motion regarding Attorney Dissability, MOTION to Stay filed by Emmett Caldwell, Pro se. Responses due by 6/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 162 AFFIDAVIT in Reply to #118 MOTION to Quash Service as to Allied by Emmett Caldwell, Pro se. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Cover Letter, #4 Envelope) (gav) |
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Filing 161
ORDER granting #160 Motion for Extension of Time to Answer. Signed by Judge Jay A. Garcia-Gregory on 5/31/2023. (MQ)
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| Filing 160 MOTION for Extension of Time to File Answer filed by Walter A. Santana-Santana on behalf of Emmett Caldwell Responses due by 6/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Santana, Walter) |
| Filing 159 REPLY to Motion filed by Allied Universal Security Services LLC Re: #118 MOTION to Quash Service as to Allied filed by Allied Universal Security Services LLC filed by Allied Universal Security Services LLC. (Lopez, Jeannette) |
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Filing 158
ORDER granting #157 Motion for Leave to File. Reply due by 5/23/2023. Signed by Judge Jay A. Garcia-Gregory on 5/18/2023. (MQ)
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| Filing 157 MOTION for Leave to File Document filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 5/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) |
| Filing 156 OPPOSITION to #118 Motion to Quash filed by Walter A. Santana-Santana on behalf of Emmett Caldwell Responses due by 5/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Santana, Walter) Modified title and added relationship on 5/16/2023 (idg). |
| Filing 155 RESPONSE in Opposition to Motion filed by Emmett Caldwell, pro se, Re: #118 MOTION to Quash Service as to Allied filed by Allied Universal Security Services LLC filed by Emmett Caldwell. (Attachments: #1 Envelope)(ecc) |
| Filing 154 INFORMATIVE Motion filed by Emmett Caldwell, Pro Se. Responses due by 5/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(mcm) |
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Filing 153
ORDER granting #152 Motion for Extension of Time. Response to Motion to Quash, Docket No. #118 , due by 5/15/2023. Because this case has been pending for over 2 years, no further extensions shall be granted. Signed by Judge Jay A. Garcia-Gregory on 4/26/2023. (ABO)
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| Filing 152 MOTION for extension of time filed by Walter A. Santana-Santana on behalf of Emmett Caldwell Responses due by 5/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Santana, Walter) |
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Filing 151
ORDER noted #150 Motion to Stay. Response to Motion to Quash, Docket No. #118 , and Status Report due by 5/1/2023. Signed by Judge Jay A. Garcia-Gregory on 3/15/2023. (MQ)
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| Filing 150 MOTION to Stay filed by Walter A. Santana-Santana on behalf of Emmett Caldwell Responses due by 3/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Santana, Walter) |
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Filing 149
ORDER denying without prejudice #103 Motion to Amend/Correct. Now that Plaintiff is represented by pro bono counsel, any such requests shall be filed by counsel. Signed by Judge Jay A. Garcia-Gregory on 2/27/2023. (MQ)
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Filing 148
ORDER finding as moot #135 Motion to Appoint Counsel; denying #135 Motion to Stay; finding as moot #135 Motion requesting Order; denying #137 Motion to Stay; finding as moot #137 Motion requesting Order; finding as moot #138 Motion to Appoint Counsel; denying #138 Motion to Stay; finding as moot #138 Motion requesting Order. Signed by Judge Jay A. Garcia-Gregory on 2/27/2023. (MQ)
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Filing 147
ORDER granting #115 Motion to Appoint Counsel. Attorney Walter A. Santana-Santana is hereby appointed as pro bono counsel for Emmett Caldwell. Plaintiff shall fully cooperate with attorney Santana-Santana. Otherwise, considering this is Plaintiffs third appointed counsel, Plaintiff will need to proceed pro se. Attorney Santana-Santana shall confer with Plaintiff and explain the implications of this Order. Response to Motion to Quash, Docket No. #118 , due by 3/20/2023. Signed by Judge Jay A. Garcia-Gregory on 2/27/2023. (MQ) Modified on 2/27/2023 add text (gav).
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Filing 146
ORDER denying #101 Motion to Dismiss for Lack of Prosecution. The Court disagrees that Plaintiff has not been diligently prosecuting the action. Signed by Judge Jay A. Garcia-Gregory on 2/27/2023. (MQ)
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Filing 145
ORDER denying #136 Motion to Strike Unauthorized Replies in light of Plaintiff's pro se status. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 144
ORDER noted and denied #132 INFORMATIVE Motion requesting Order. To the extent that an order is requested, it is denied due to lack of clarity as to what exactly is Plaintiff's request. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 143
ORDER granting #127 Motion requesting Order; granting #131 Motion for Miscellaneous Relief. Plaintiff shall refrain from filing the same motion and/or document more than once in the docket. Moreover, Plaintiff shall refrain from filing any new motions until the Court adjudicates all pending motions. Failure to comply with this Order shall result in the striking of any unauthorized filings. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 142
ORDER denying #114 Motion to Amend/Correct. Mediation is premature considering the pending motion to dismiss. Plaintiff has not explained the proposed amendments to the complaint or the basis for such an amendment. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 141
ORDER denying #122 Motion requesting Order; denying #125 Motion to Compel. These motions are premature in light of the pending motion to dismiss. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 140
ORDER denying #123 Motion to Compel. See Docket No. 139. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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Filing 139
ORDER denying #113 Motion to Compel. Plaintiff filed an Opposition to the Motion to Dismiss, Docket No. 107, belying his argument that he never received the motion. Signed by Judge Jay A. Garcia-Gregory on 2/24/2023. (MQ)
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| Filing 136 MOTION to Strike Unauthorized Replies Re: #134 MOTION requesting Order filed by Emmett Caldwell, #132 INFORMATIVE Motion MOTION requesting Order filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC, Home Depot P.R. Inc. Responses due by 3/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #134 , #132 ) (Lopez, Jeannette) |
| Filing 135 MOTION Requesting the Appointment of New Counsel, MOTION to Stay, MOTION requesting Order of Reissuance of Summons filed by Emmett Caldwell, pro se. Responses due by 3/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(ecc) |
| Filing 134 RESPONSE to Motion #72 Motion to Strike, MOTION to Vacate Order filed by Emmett Caldwell, Pro Se. Responses due by 2/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(mcm) |
| Filing 133 RESPONSE in Opposition to #54 Motion to Quash, MOTION to Appoint Counsel filed by Emmett Caldwell, Pro Se. Responses due by 2/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(mcm) |
| Filing 132 INFORMATIVE Motion, MOTION requesting Order filed by Emmett Caldwell, Pro Se. Responses due by 2/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(mcm) |
| Filing 131 MOTION To Deem as Unopposed re #127 MOTION requesting Order filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC, Home Depot P.R. Inc. Responses due by 1/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #127 ) (Lopez, Jeannette) |
| Filing 130 RESPONSE to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #129 Notice (Other), filed by Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 129 NOTICE of Filing Opposition to Allied #54 MOTION to Quash, MOTION to Amend Complaint and Reissue Summons Attached to Original Complaint with Registered Agents Addresses, Opposition to Allied Addenum, Demand for all Motion to be served on Pro se Plaintiffs by Emmett Caldwell, Pro se. (Attachments: #1 Envelope) (gav) |
| Filing 128 RESPONSE to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #122 MOTION requesting Order filed by Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 127 MOTION requesting Order filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC, Home Depot P.R. Inc. Responses due by 1/12/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) |
| Filing 126 RESPONSE in Opposition to Motion filed by Emmett Caldwell, Pro se, Re: #101 MOTION to Dismiss/Lack of Prosecution as to Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. (Attachments: #1 Envelope)(gav) |
| Filing 125 MOTION to Compel Answers to Discovery also for Default Appropriate Reliefs filed by Emmett Caldwell, Pro se. Responses due by 1/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 123 MOTION to Compel Service of Motion to Dismiss & Discovery filed by Emmett Caldwell, Pro se. Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 122 MOTION requesting Order for Case Management Conference, MOTION to Amend Complaint and Re-issue Summons filed by Emmett Caldwell, Pro se. Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) (Additional attachment(s) added on 12/20/2022: #2 Exhibit) (gav). |
| Filing 121 RESPONSE to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #114 MOTION to Amend/Correct filed by Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 120 RESPONSE to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #113 MOTION to Compel filed by Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 119 REPLY to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #54 MOTION to Quash Service of Process filed by Allied Universal Security Services LLC filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 118 MOTION to Quash Service as to Allied filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) |
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Filing 117
ORDER granting #116 Motion for Leave to File; granting #116 Motion for Extension of Time to File Response/Reply re #116 MOTION for Leave to File Document Reply to D.E. 112 MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Compel filed by Emmett Caldwell, #114 MOTION to Amend/Correct filed by Emmett Caldwell, #112 Response to Motion filed by Emmett Caldwell. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. Signed by Judge Jay A. Garcia-Gregory on 12/02/2022. (lir)
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| Filing 116 MOTION for Leave to File Document Reply to D.E. 112, MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Compel filed by Emmett Caldwell, #114 MOTION to Amend/Correct filed by Emmett Caldwell, #112 Response to Motion filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC, Home Depot P.R. Inc. Responses due by 12/13/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #113 , #114 , #112 ) (Lopez, Jeannette) |
| Filing 115 MOTION to Appoint Counsel filed by Emmett Caldwell, Po se. Responses due by 11/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (gav) |
| Filing 114 MOTION to Amend Complaint and Mediation Addendum filed by Emmett Caldwell, Pro se. Responses due by 11/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (gav) |
| Filing 113 MOTION to Compel Service of Motion to Dismiss & Discovery Ect. Served on Pro Bono filed by Emmett Caldwell, Pro se. Responses due by 11/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 112 RESPONSE to Motion filed by Emmett Caldwell, Pro se, Re: #54 MOTION to Quash Service of Process filed by Allied Universal Security Services LLC. (Attachments: #1 Exhibit, #2 Envelope)(gav) |
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Filing 111
ORDER granting #109 Motion for Leave to File; granting #109 Motion for Extension of Time to File Response/Reply. Signed by Judge Jay A. Garcia-Gregory on 11/2/2022. (ABO)
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| Filing 110 REPLY to Motion filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. Re: #101 MOTION to Dismiss/Lack of Prosecution as to Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. filed by Allied Universal Security Services LLC, Home Depot P.R. Inc.. (Lopez, Jeannette) |
| Filing 109 MOTION for Leave to File Document , MOTION for Extension of Time to File Response/Reply as to #107 Response to Motion, filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC, Home Depot P.R. Inc. Responses due by 11/8/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #107 ) (Lopez, Jeannette) |
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Filing 108
ORDER vacating 106 ORDER TO SHOW CAUSE. Signed by Judge Jay A. Garcia-Gregory on 10/19/2022. (ABO)
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Filing 106
ORDER TO SHOW CAUSE as to why the #101 Motion to Dismiss should not be deemed unopposed. Plaintiff Emmett Caldwell shall show cause on or before 11/3/2022. Signed by Judge Jay A. Garcia-Gregory on 10/19/2022. (ABO)
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Filing 105
ORDER denying #104 Motion for Reconsideration on 99 Order on Motion for Reconsideration. Neither the Local Rules nor the Federal Rules of Civil Procedure allow parties to file motions for reconsideration on orders denying reconsideration. Further, the Court will not allow rehashing of arguments that it has denied. Signed by Judge Jay A. Garcia-Gregory on 10/19/2022. (ABO)
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| Filing 107 RESPONSE to Motion filed by Emmett Caldwell, Pro se, Re: #101 MOTION to Dismiss/Lack of Prosecution as to Emmett Caldwell filed by Allied Universal Security Services LLC, Home Depot P.R. Inc. (Attachments: #1 Exhibit, #2 Envelope)(gav) |
| Filing 104 MOTION for Reconsideration re 99 Order on Motion for Reconsideration, 95 Order filed by Emmett Caldwell, Pro se. Responses due by 11/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Envelope)(Related document(s) 99 , 95 ) (gav) |
| Filing 103 MOTION to Amend Complaint filed by Emmett Caldwell, Pro se. Responses due by 11/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 102 MANDATE of USCA as to #81 Notice of Appeal filed by Emmett Caldwell; DISMISSED. RE: #100 USCA JUDGMENT. (mcm) |
| Filing 101 MOTION to Dismiss/Lack of Prosecution as to Emmett Caldwell filed by Jeannette M. Lopez on behalf of Home Depot P.R. Inc., Allied Universal Security Services LLC Responses due by 10/18/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) |
| Filing 100 USCA JUDGMENT as to #81 Notice of Appeal filed by Emmett Caldwell; Plaintiff-appellant Emmett W. Caldwell has appealed from a district court order allowing his attorney to withdraw from representation, which left Caldwell proceeding pro se. The appeal being interlocutory in nature, and seemingly not coming within any exception to the final-judgment rule, this court issued an order to show cause (April 21, 2022). Caldwell has not responded to the show-cause order, and the time for doing so has long since expired. Hence, no basis for this court's appellate jurisdiction has been presented. For this reason, the appeal is DISMISSED. (mcm) |
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Filing 99
ORDER denying #98 MOTION for Reconsideration re 95 Order. The Court sees no reason to depart from its ruling at Docket No. 95 denying without prejudice certain motions for lack of jurisdiction while Plaintiff's appeal was before the U.S. Court of Appeals for the First Circuit. Signed by Judge Jay A. Garcia-Gregory on 8/30/2022. (ERC)
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| Filing 98 MOTION for Reconsideration Adjudicate all Motions Dismissed Filed while Case on Appeal re 95 Order filed by Emmett Caldwell, Pro se. Responses due by 9/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(Related document(s) 95 ) (gav) |
| Filing 97 MANDATE of USCA as to #87 Notice of Interlocutory Appeal filed by Emmett Caldwell; DISMISSED. RE: #96 USCA JUDGMENT. (mcm) |
| Filing 96 USCA JUDGMENT as to #87 Amended Notice of Appeal filed by Emmett Caldwell; By order entered June 17, 2022, appellant was directed to show cause in writing as to why this appeal should not be dismissed as untimely. by July 1, 2022 would lead to dismissal for lack of diligent prosecution. Appellant having failed to file a timely response, it is hereby ordered that the above-captioned appeal be DISMISSED in accordance with Local Rule 3.0(b). (mcm) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #93 Amended Complaint. ***STRICKEN AS PER ORDER AT D.E. #95*** (gav) |
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Filing 95
ORDER. As Plaintiff has filed an appeal to the United States Court of Appeals for the First Circuit, Docket Nos. 81, 87, the Court lacks jurisdiction to adjudicate motions currently pending in the case docket. As such, the Court hereby DENIES WITHOUT PREJUDICE the following motions: #46 MOTION for Default Entry as to AIG American International Group; #54 MOTION to Quash Service of Process; #78 MOTION for Issuance of Summons as to Retailer Value Inc. and MOTION for extension of time to Serve Unserved Defendants; #86 MOTION to Amend/Correct Re: #1 Complaint; #82 MOTION to Stay MOTION to Appoint Counsel MOTION for Issuance of Summons as to Retail Value Inc.; and #92 MOTION for Leave to File Document. The Clerk of Court shall strike the 'Amended Complaint' filed at Docket No. 93. Signed by Judge Jay A. Garcia-Gregory on 7/12/2022. (ERC)
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| Filing 94 RESPONSE to Motion filed by Emmett Caldwell, Pro se, Re: #37 MOTION requesting Order filed by Retail Value Inc. (Attachments: #1 Envelope)(gav) |
| Filing 93 AMENDED COMPLAINT against All Defendants, filed by Emmett Caldwell, Pro se. (Attachments: #1 Envelope)(gav) |
| Filing 92 MOTION for Leave to File Document - Amended Complaint- filed by Emmett Caldwell, Pro se. Responses due by 7/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 91 USCA Case Number 22-1400 for #87 Notice of Interlocutory Appeal filed by Emmett Caldwell. (mcm) |
| Filing 90 Certified and Transmitted Record on Appeal to US Court of Appeals re #87 Amended Notice of Appeal [Docket Entries 73 & 87] s/c: Emmett Caldwell P.O. Box 16309 San Juan, PR 00908 (mcm) |
| Filing 88 RESPONSE in Opposition filed by Emmett Caldwell, Pro se, Re: #72 MOTION to Strike. (Attachments: #1 Exhibit A, #2 Exhibit, #3 Exhibit B, #4 Exhibit, #5 Envelope)(gav) |
| Filing 89 CLERK'S NOTICE OF DEFECTIVE PLEADING. The document appeals an order issued on 2/28/2022, but case no. 20-cv-1461 does not have any orders issued on said date. (Notice sent to filer by regular mail.) (Attachments: #1 Notice of appeal, #2 Envelope) (gav) |
| Filing 87 NOTICE OF INTERLOCUTORY APPEAL as to 73 Order by Emmett Caldwell, Pro se. (Attachments: #1 Envelope)(gav) (Main Document 87 replaced on 5/6/2022) (gav). |
| Filing 86 MOTION to Amend Re: #1 Complaint filed by Emmett Caldwell, Pro se. Responses due by 5/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B)(Related document(s) #1 ) (gav) |
| Filing 85 ***FILED IN ERROR - Incorrect event.*** NOTICE OF APPEAL as to 73 Order by Emmett Caldwell, Pro se. (gav) Modified on 5/6/2022 (gav). |
| NOTICE of Docket Text Modification by Deputy Clerk re: #85 Notice of Appeal. ***FILED IN ERROR - Incorrect event.*** (gav) |
| Filing 84 USCA Case Number 22-1238 for #81 Notice of Appeal filed by Emmett Caldwell. (mcm) |
| Filing 83 Certified and Transmitted Record on Appeal to US Court of Appeals re #81 Notice of Appeal [Docket Entries 79 & 81] s/c: Emmett Caldwell, P.O. Box 16309 San Juan, PR 00908 (mcm) |
| Filing 82 MOTION to Stay Proceedings Until Pro Bono Attorney Represents Plaintiff, MOTION to Appoint Counsel, MOTION for Issuance of Summons as to Retail Value Inc. filed by Emmett Caldwell, Pro se. Responses due by 4/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 81 NOTICE OF APPEAL as to 79 Order by Emmett Caldwell, Pro se. (gav) (Additional attachment(s) added on 3/18/2022: #1 Envelope) (gav). |
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Filing 80
ORDER denying #77 Motion requesting Order. To the extent that an order is requested, it is denied due to lack of clarity as to Plaintiff's request. Signed by Judge Jay A. Garcia-Gregory on 2/24/2022. (ERC)
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Filing 79
ORDER granting #75 MOTION to Restrict Document ; and granting #74 MOTION requesting Order. Counsel Reinaldo Calderon Jimenez is terminated from the case. Plaintiff Emmet Caldwell shall proceed pro se. The Clerk of Court shall take notice. Signed by Judge Jay A. Garcia-Gregory on 2/24/2022. (ERC)
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| Filing 78 MOTION for Issuance of Summons as to Retail Value Inc., MOTION for extension of time to Serve Unserved Defendants filed by Emmett Caldwell, Pro se. Responses due by 3/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 77 MOTION requesting Order for Copy of Documents filed by Emmett Caldwell, Pro se. Responses due by 2/24/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 75 MOTION to Restrict Document filed by Reinaldo Calderon-Jimenez on behalf of Emmett Caldwell Responses due by 2/22/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Calderon-Jimenez, Reinaldo) |
| Filing 74 ***EX-PARTE*** MOTION requesting Order filed by Reinaldo Calderon-Jimenez on behalf of Emmett Caldwell Responses due by 2/22/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Calderon-Jimenez, Reinaldo) |
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Filing 73
ORDER granting #72 MOTION to Strike Re: #70 Amended Complaint; and finding as moot #71 MOTION for Recusal MOTION to Appoint Counsel MOTION for extension of time until Extension of time to Serve Summons in this case in light of the Court's Order appointing new counsel. As Plaintiff is represented by counsel, he should file any requests through counsel. Signed by Judge Jay A. Garcia-Gregory on 2/4/2022. (ERC)
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| Filing 72 MOTION to Strike Re: #70 Amended Complaint, filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 2/17/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #70 ) (Lopez, Jeannette) |
| Filing 71 Emergency MOTION for Recusal, MOTION to Appoint Counsel, MOTION for extension of time to Serve Summons in this case, MOTION requesting Order to translate Summons and Complaint for publication of Service as to M. Montanez filed by Emmett Caldwell, pro se. Responses due by 2/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc) |
| Filing 70 AMENDED COMPLAINT against AIG American International Group, Allied Universal Security Services LLC, Home Depot P.R. Inc., Retailer Value Inc., filed by Emmett Caldwell, pro se. (Attachments: #1 Summons)(ecc) Modified on 2/3/2022 to edit typo (ecc). |
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Filing 69
NOTICE OF APPOINTMENT OF COUNSEL PRO BONO. Counsel Reinaldo Calderon-Jimenez to represent Emmett Caldwell re 68 Order. Signed by Judge Jay A. Garcia-Gregory on 1/20/2022. (Attachments: #1 Spanish Language)(ecc)
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Filing 68
ORDER granting #67 Motion to Withdraw as Attorney. Attorney Xaymara Colon-Gonzalez terminated from the case. The Court hereby appoints new pro bono counsel for Plaintiff. The Clerk of Court shall take notice. Assigned attorney shall meet with Plaintiff to review the status of the case. Appearing attorney shall also propose new deadlines for filing responses to pending motions and for refiling of any motions filed pro se Plaintiff. Motion in Compliance due by 2/18/2022. Signed by Judge Jay A. Garcia-Gregory on 1/20/2022. (ERC)
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| Filing 67 MOTION to Withdraw Attorney filed by Xaymara Colon-Gonzalez on behalf of Emmett Caldwell. Responses due by 2/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Gonzalez, Xaymara) Modified on 1/20/2022 to edit text (gav). |
| Filing 66 NOTICE of Appointment of Counsel Xaymara Colon-Gonzalez to represent Emmett Caldwell re 65 Order. Signed by Clerk on 1/12/2022. (Attachments: #1 Notification in the Spanish lanague)(gav) |
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Filing 65
ORDER noted #60 INFORMATIVE Motion regarding advisory; granting #60 MOTION to Appoint Counsel; granting #58 MOTION for Extension of Time to File Response/Reply; noted #62 INFORMATIVE Motion filed by Emmett Caldwell; holding in abeyance #59 MOTION to Withdraw Attorney as to Roque Uriel Rivera-Lago pending appearance of new counsel; denying without prejudice #64 MOTION for Service and Publication. The Court hereby appoints new pro bono counsel for Plaintiff. The Clerk of Court shall take notice. Assigned attorney shall meet with Plaintiff to review the status of the case. Appearing attorney shall also propose new deadlines for filing responses to pending motions and for refiling of any motions filed pro se Plaintiff. Signed by Judge Jay A. Garcia-Gregory on 12/30/2021. (ERC)
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| Filing 64 MOTION for Service and by Publication as to M. Montanez filed by Emmett Caldwell, Pro se. Responses due by 12/28/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 63 ***EX-PARTE*** INFORMATIVE Motion regarding cConfidential Attorney Communication filed by Emmett Caldwell, Pro se. Responses due by 12/27/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Envelope)(gav) |
| Filing 62 ***SELECTED PARTIES*** INFORMATIVE Motion filed by Emmett Caldwell, Pro Se. Responses due by 12/13/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit includes medical information #2 Envelope). (mg) |
| Filing 61 NOTICE of Failure to File Pro se Submissions by Emmett Caldwell, pro se. (Attachments: #1 Envelope) (rim) |
| Filing 60 ***SELECTED PARTIES*** INFORMATIVE Motion regarding advisory, MOTION to Appoint Counsel, MOTION requesting remove attorney Roque filed by Emmett Caldwell, pro se. Responses due by 11/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope #2 Exhibit)(rim) Modified to add restricted attachment on 11/18/2021 (rim). |
| Filing 59 MOTION to Withdraw Attorney filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs. Responses due by 11/29/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) Modified on 11/16/2021 to edit text (gav). |
| Filing 58 MOTION for Extension of Time to File Response/Reply filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs Responses due by 11/10/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) |
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Filing 57
ORDER holding in abeyance #54 Motion to Quash pending Plaintiff's response. Plaintiff shall respond to the Motion to Quash by 10/27/2021. Signed by Judge Jay A. Garcia-Gregory on 10/22/2021. (ERC)
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Filing 56
ORDER granting #55 Motion to Withdraw as Attorney. Attorney Kenneth C. Suria-Rivera is terminated from the case. Signed by Judge Jay A. Garcia-Gregory on 10/22/2021. (ERC)
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| Filing 55 MOTION to Withdraw & Appear Attorney filed by Jeannette M. Lopez on behalf of Home Depot P.R. Inc. Responses due by 10/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) Modified on 10/13/2021 to edit text (gav). |
| Filing 54 MOTION to Quash Service of Process filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 10/12/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) Modified on 9/28/2021 to remove italics (gav). |
| Filing 53 RESPONSE in Opposition to Motion filed by Allied Universal Security Services LLC Re: #46 MOTION for Default Entry as to AIG American International Group filed by Emmett Caldwell filed by Allied Universal Security Services LLC. (Lopez, Jeannette) |
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Filing 52
ORDER noted and denied without prejudice #50 Motion for extension of time. As Plaintiff is represented by counsel, he should file any requests through counsel. Signed by Judge Jay A. Garcia-Gregory on 9/14/2021. (ERC)
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Filing 51
ORDER granting #47 MOTION for Leave to Appear; granting #48 MOTION for Extension of Time until October 13, 2021 to File Answer re: #25 Amended Complaint; and granting #49 MOTION for Extension of Time until September 27, 2021 to File Response/Reply as to #46 MOTION for Default Entry. Signed by Judge Jay A. Garcia-Gregory on 9/14/2021. (ERC)
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| Filing 50 MOTION for extension of time to Service of Process filed by Emmett Caldwell, pro se. Responses due by 9/27/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(idg) |
| Filing 49 MOTION for Extension of Time until September 27, 2021 to File Response/Reply as to #46 MOTION for Default Entry as to AIG American International Group filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 9/27/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #46 ) (Lopez, Jeannette) |
| Filing 48 MOTION for Extension of Time until October 13, 2021 to File Answer re: #25 Amended Complaint filed by Emmett Caldwell filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 9/27/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #25 ) (Lopez, Jeannette) |
| Filing 47 MOTION for Leave to Appear filed by Jeannette M. Lopez on behalf of Allied Universal Security Services LLC Responses due by 9/27/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) |
| Filing 46 MOTION for Default Entry as to AIG American International Group filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs Responses due by 9/23/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) |
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Filing 45
ORDER noted and denied as unsupported Plaintiff's #44 INFORMATIVE motion. Plaintiff shall provide legal and factual support for the relief requested at Docket No. 44 regarding dismissal pursuant to Fed. R. Civ. P. 4(m) and the entering of a default. Also, before moving for entry of Default Judgment, there must first be an entry of default. Signed by Judge Jay A. Garcia-Gregory on 8/9/2021. (ERC)
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| Filing 44 INFORMATIVE Motion filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs Responses due by 8/18/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) |
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Filing 43
ORDER TO SHOW CAUSE as to why (i) the claims against co-Defendants AIG American Internal Group, Ramon Adjuster, and M. Montanez shall not be dismissed pursuant to Fed. R. Civ. P. 4(m); and (ii) the Clerk of Court shall not enter default against co-Defendant Allied Universal Security Services LLC for failure file a responsive pleading. Show Cause Response is due by 8/4/2021. Plaintiff's #42 INFORMATIVE motion is NOTED. Signed by Judge Jay A. Garcia-Gregory on 7/28/2021. (ERC)
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| Filing 42 INFORMATIVE Motion filed by Roque Uriel Rivera-Lago on behalf of Emmett Caldwell Responses due by 8/10/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) |
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Filing 41
ORDER TO SHOW CAUSE as to why this case should not be dismissed for lack of prosecution, considering that there has been no activity from Plaintiff since 2/19/2021. Show Cause Response due by 7/30/2021. Failure to comply may result in the imposition of sanctions, including dismissal of this case. Signed by Judge Jay A. Garcia-Gregory on 7/23/2021. (ERC)
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Filing 40
ORDER noted #39 MOTION Submitting as Unopposed re: #37 MOTION requesting Order filed by Retailer Value Inc.; and granting #37 Motion to Vacate Summons and Serving of Summons. [O]nce challenged, plaintiffs have the burden of proving proper service, Rivera-Lopez v. Municipality of Dorado, 979 F.2d 885, 887 (1st Cir. 1992). As Co-Defendant Retailer Value Inc.'s motion is unopposed, the Court hereby grants its motion to vacate summons and service of summons. Signed by Judge Jay A. Garcia-Gregory on 6/11/2021. (ERC)
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| Filing 39 MOTION Submitting as Unopposed re: #37 MOTION requesting Order filed by Retailer Value Inc. filed by Jose H. Vivas on behalf of Retailer Value Inc. Responses due by 6/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #37 ) (Vivas, Jose) Modified on 6/3/2021 to remove italics (gav). |
| Filing 38 ANSWER to #25 Amended Complaint filed by Kenneth C. Suria-Rivera on behalf of Defendant Home Depot P.R. Inc..(Suria-Rivera, Kenneth) |
| Filing 37 MOTION Requesting Order to Vacate Summons and Serving of Summons filed by Jose H. Vivas on behalf of Retailer Value Inc. Responses due by 4/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Vivas, Jose) Modified on 4/19/2021 to change event (gav). |
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Filing 36
ORDER granting #35 MOTION for Extension of Time until April 15, 2021 to File Answe re: #25 Amended Complaint. Signed by Judge Jay A. Garcia-Gregory on 3/31/2021. (ERC)
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| Filing 35 MOTION for Extension of Time until April 15, 2021 to File Answer re: #25 Amended Complaint filed by Emmett Caldwell filed by Jose H. Vivas on behalf of Retailer Value Inc. Responses due by 3/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #25 ) (Vivas, Jose) |
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Filing 34
ORDER granting #33 MOTION for Extension of Time until April 22, 2021 to File Answer and Appearance re: #25 Amended Complaint. Signed by Judge Jay A. Garcia-Gregory on 3/15/2021. (ERC)
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| Filing 33 MOTION for Extension of Time until April 22, 2021 to File Answer and Appearance re: #25 Amended Complaint filed by Emmett Caldwell filed by Kenneth C. Suria-Rivera on behalf of Home Depot P.R. Inc. Responses due by 3/24/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #25 ) (Suria-Rivera, Kenneth) Modified on 3/11/2021 remove italics (gav). |
| Filing 32 SUMMONS Returned Executed by Plaintiff upon AIG American International Group served on 3/2/2021, answer due 3/23/2021; Allied Universal Security Services LLC served on 3/2/2021, answer due 3/23/2021; Home Depot P.R. Inc. served on 3/2/2021, answer due 3/23/2021; M. Montanez served on 3/2/2021, answer due 3/23/2021; Retailer Value Inc. served on 3/2/2021, answer due 3/23/2021. (Attachments: #1 usm 285 Allied Universal Security Services LLC, #2 usm 285 Retailer Value Inc., #3 Summons Retailer Value Inc., #4 usm 285 Home Depot P.R. Inc., #5 Summons Home Depot P.R. Inc., #6 Summons AIG American International Group, #7 usm 285 AIG American International Group, #8 Summons M. Montanez, #9 usm 285 M. Montanez) (gav) |
| Filing 31 Summons Issued as to AIG American International Group, Allied Universal Security Services LLC, Home Depot P.R. Inc., M. Montanez, Retailer Value Inc. through the US Marshals with copy of Order, copy of Complaint and USM 285 (Attachments: #1 Summons) (ad) |
| Filing 30 NOTICE of Filing Exhibits (Attachments: #1 Summons Montaez, #2 Summons Retail Value, #3 Summons AIG, #4 Summons Home Depot, #5 Summons Allied) (Rivera-Lago, Roque) |
| Filing 29 NOTICE of Filing Exhibits (Rivera-Lago, Roque) |
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Filing 28
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The U.S. Marshals shall serve process upon defendants accordingly. Signed by Judge Jay A. Garcia-Gregory on 2/17/2021. (ERC)
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Filing 27
ORDER noted #22 Motion In Compliance; and noted #24 INFORMATIVE Motion regarding Amended Complaint. Signed by Judge Jay A. Garcia-Gregory on 2/17/2021. (ERC)
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Filing 26
ORDER granting #13 Motion to Withdraw as Attorney. Attorney Valerie M. Blay-Soler is terminated from the case. Signed by Judge Jay A. Garcia-Gregory on 2/17/2021. (ERC)
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| Filing 25 AMENDED COMPLAINT against All Defendants, filed by Emmett Caldwell.(Rivera-Lago, Roque) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #23 Amended Complaint. ***FILED IN ERROR: Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file.*** (gav) |
| Filing 24 INFORMATIVE Motion regarding Amended Complaint filed by Emmett Caldwell, Pro se. Responses due by 2/23/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(gav) |
| Filing 23 AMENDED COMPLAINT against All Plaintiffs, filed by Emmett Caldwell.(Rivera-Lago, Roque) |
| Filing 22 Motion In Compliance filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs Responses due by 2/18/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) |
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Filing 21
ORDER TO SHOW CAUSE as to why Plaintiff's counsel did not comply with the Court's Order at Docket No. 19. Show Cause Response and Motion in Compliance due by 2/4/2021. Signed by Judge Jay A. Garcia-Gregory on 2/1/2021. (ERC)
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Filing 20
ORDER noted and denied #18 Motion requesting Order. The document filed on 11/24/2020 was deemed to be a defective filing, as such there is no Amended Complaint currently filed to the docket. Signed by Judge Jay A. Garcia-Gregory on 1/22/2021. (ERC)
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Filing 19
ORDER. Plaintiff's newly appointed counsel, Counsel Roque U. Rivera-Lago, shall (i) inform the Court whether they have met with Plaintiff as Ordered at Docket No. 16; and (ii) propose a new deadline for filing an amended complaint. Motion in Compliance due by 1/29/2021. Signed by Judge Jay A. Garcia-Gregory on 1/22/2021. (ERC)
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| Filing 18 MOTION requesting Order filed by Emmett Caldwell, Pro Se. Responses due by 12/28/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(rim) |
| Filing 17 NOTICE OF APPOINMENT OF COUNSEL. Attorney Roque Rivera appointed as Pro Bono counsel to represent petitioner Emmett Caldwell Signed by Clerk on 12/4/2020. (Attachments: #1 Notice in the Spanish Language)(gmm)Sent via regular mail to petitioner Emmett Caldwell and Atty. Roque Rivera. |
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Filing 16
ORDER appointing pro bono counsel for Plaintiff in view of the representations made by their current attorney at Docket No. #13 . The assigned attorney shall meet with Plaintiff to review the legal requirements of the claims filed before this Court, and provide an initial assessment of the viability of these claims and the pro se motions filed by Plaintiff. Upon appearance, the assigned attorney shall propose a deadline for filing an amended complaint, which shall specify the basis for jurisdiction. The #13 Motion to Withdraw Attorney will be held in abeyance pending the appearance of Plaintiff's new attorney. The Clerk of Court shall take notice. Plaintiff's #14 MOTION to Restrict Document is granted. Signed by Judge Jay A. Garcia-Gregory on 12/2/2020.(ERC)
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| Filing 15 CLERK'S NOTICE OF DEFECTIVE FILING. Lacks proper signature. Documents presented to the court in paper require a handwritten signature. L.Civ.R. 11. Signature by Pro Se Litigant (Only) & filed by Pro Se, or if filed by Counsel, electronic signature must be noted, & documents are to be filed by Counsel through CMECF using proper login credentials. (Attachments: #1 Exhibit, #2 Envelope, #3 Exhibit, #4 Envelope). (mg) |
| Filing 14 MOTION to Restrict Document filed by Valerie M. Blay-Soler on behalf of Emmett Caldwell Responses due by 12/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Blay-Soler, Valerie) |
| Filing 13 ***EX-PARTE*** MOTION to Withdraw Attorney as to Valerie M. Blay-Soler filed by Valerie M. Blay-Soler on behalf of Emmett Caldwell Responses due by 12/8/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Blay-Soler, Valerie) |
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Filing 12
NOTICE OF APPOINTMENT OF COUNSEL PRO BONO. Counsel Valerie M. Blay-Soler appointed to represent Plaintiff: Emmett Caldwell(Pro-se) re D.E. 11 Order. Signed by Clerk on 10/22/2020. Manual Notification sent via regular mail to Plaintiff: Emmett Caldwell & Counsel: Valerie M. Blay-Soler, re: 11 OrderSigned by Judge Jay A. Garcia-Gregory on 10/22/2020. (Attachments: #1 Notice in Spanish)(mg)
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Filing 11
ORDER. (i) Appointing Pro Bono Counsel. Counsel shall meet with Plaintiff to review the legal requirements of the claims filed before this Court, and provide an initial assessment of the viability of these claims and the pro se motions filed by Plaintiff. Counsel shall file an amended complaint by 11/30/2020, and shall specify the basis for jurisdiction. (ii) Denying without prejudice as premature Plaintiff's: #3 MOTION for Issuance of Summons as to AIG American International Group; #5 MOTION requesting Order; #6 MOTION requesting Order; #7 MOTION to Expedite; and #9 MOTION for Summary Judgment. Federal litigation follows certain procedures, and generally, discovery does not commence until after an answer or responsive pleadings have been filed. Fed. R. Civ. P. 26(d)(1). Signed by Judge Jay A. Garcia-Gregory on 10/21/2020. (ERC)
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| Filing 10 ***SELECTED PARTIES*** NOTICE of filing Letter by Emmett Caldwell, Pro Se. (Attachments: #1 Exhibit). (mg) |
| Filing 9 MOTION for Summary Judgment filed by Emmett Caldwell, Pro Se. Suggestions in Opposition to Summary Judgment due by 10/6/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit). (mg) |
| Filing 8 NOTICE of Filing Exhibits by Emmett Caldwell Pro Se, re: l Legal Description, Sales Receipt and Transfer of Ownership. (mg) |
| Filing 7 MOTION to Expedite Trial filed by Emmett Caldwell, Pro Se. Responses due by 10/6/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mg) |
| Filing 6 ***EX-PARTE*** MOTION requesting Restraining Order/s filed by Emmett Caldwell, Pro Se. 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 Envelope).(mg) |
| Filing 5 MOTION requesting Subpoena to Produce Surveillance videos filed by Emmett Caldwell, Pro Se. Responses due by 9/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope). (mg) |
| Filing 4 NOTICE of Filing Affidavit by Emmett Caldwell, Pro Se. (Attachments: #1 Exhibit, #2 Envelope). (mg) |
| Filing 3 ***EX-PARTE*** MOTION for Issuance of Summons as to AIG American International Group filed by Emmett Caldwell, Pro Se. Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mg) |
| Filing 2 ***EX-PARTE*** MOTION for Leave to Proceed in forma pauperis filed by Emmett Caldwell, Pro Se. Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit).(mg) |
| Filing 1 COMPLAINT against AIG American International Group, filed by Emmett Caldwell, Pro Se. Service due by 12/3/2020, (Attachments: #1 Exhibit A, #2 ExhibiB A, #3 Category Sheet, #4 Civil Cover Sheet).(mg) Modified on 9/8/2020 to add text as to pro se. (mg). (Additional attachment(s) added on 9/8/2020: #5 Summons) (mg). |
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