Caldwell v. Allied Universal Security Services LLC et al.
Plaintiff: Emmett Caldwell
Defendant: AIG American International Group, Allied Universal Security Services LLC, Ramon Adjuster, Retailer Value Inc., M. Montanez and Home Depot P.R. Inc.
Case Number: 3:2020cv01461
Filed: September 4, 2020
Court: US District Court for the District of Puerto Rico
Presiding Judge: Jay A Garcia-Gregory
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2021 Opinion or Order 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)
October 22, 2021 Opinion or Order 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)
October 12, 2021 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).
September 27, 2021 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).
September 27, 2021 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)
September 14, 2021 Opinion or Order 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)
September 14, 2021 Opinion or Order 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)
September 13, 2021 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)
September 13, 2021 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)
September 13, 2021 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)
September 13, 2021 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)
September 9, 2021 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)
August 9, 2021 Opinion or Order 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)
August 4, 2021 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)
July 28, 2021 Opinion or Order 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)
July 27, 2021 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)
July 23, 2021 Opinion or Order 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)
June 11, 2021 Opinion or Order 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)
June 3, 2021 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).
April 21, 2021 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)
April 16, 2021 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).
March 31, 2021 Opinion or Order 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)
March 16, 2021 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)
March 15, 2021 Opinion or Order 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)
March 10, 2021 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).
March 5, 2021 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)
February 22, 2021 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)
February 19, 2021 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)
February 19, 2021 Filing 29 NOTICE of Filing Exhibits (Rivera-Lago, Roque)
February 17, 2021 Opinion or Order 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)
February 17, 2021 Opinion or Order 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)
February 17, 2021 Opinion or Order 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)
February 16, 2021 Filing 25 AMENDED COMPLAINT against All Defendants, filed by Emmett Caldwell.(Rivera-Lago, Roque)
February 10, 2021 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)
February 9, 2021 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)
February 4, 2021 Filing 23 AMENDED COMPLAINT against All Plaintiffs, filed by Emmett Caldwell.(Rivera-Lago, Roque)
February 4, 2021 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)
February 1, 2021 Opinion or Order 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)
January 22, 2021 Opinion or Order 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)
January 22, 2021 Opinion or Order 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)
December 11, 2020 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)
December 4, 2020 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.
December 2, 2020 Opinion or Order 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)
November 24, 2020 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)
November 24, 2020 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)
November 24, 2020 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)
October 22, 2020 Opinion or Order 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)
October 21, 2020 Opinion or Order 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)
September 22, 2020 Filing 10 ***SELECTED PARTIES*** NOTICE of filing Letter by Emmett Caldwell, Pro Se. (Attachments: #1 Exhibit). (mg)
September 22, 2020 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)
September 22, 2020 Filing 8 NOTICE of Filing Exhibits by Emmett Caldwell Pro Se, re: l Legal Description, Sales Receipt and Transfer of Ownership. (mg)
September 22, 2020 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)
September 18, 2020 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)
September 16, 2020 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)
September 16, 2020 Filing 4 NOTICE of Filing Affidavit by Emmett Caldwell, Pro Se. (Attachments: #1 Exhibit, #2 Envelope). (mg)
September 4, 2020 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)
September 4, 2020 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)
September 4, 2020 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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Search for this case: Caldwell v. Allied Universal Security Services LLC et al.
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Plaintiff: Emmett Caldwell
Represented By: Valerie M. Blay-Soler
Represented By: Roque Uriel Rivera-Lago
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Defendant: AIG American International Group
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Defendant: Allied Universal Security Services LLC
Represented By: Jeannette M. Lopez
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Defendant: Ramon Adjuster
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Defendant: Retailer Value Inc.
Represented By: Jose H. Vivas
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Defendant: M. Montanez
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Defendant: Home Depot P.R. Inc.
Represented By: Kenneth C. Suria-Rivera
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