Osuji et al v. Departamento de la Familia
| Chinyere Adaaku Osuji and Ralph Francis Cazenav Bey |
| Departamento de la Familia |
| 3:2020cv01545 |
| October 13, 2020 |
| US District Court for the District of Puerto Rico |
| Raul M Arias-Marxuach |
| Marcos E Lopez |
| Civil Rights: Other |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 31
**CASE PARTICIPANTS** Minute Entry for Settlement Videoconference held before US Magistrate Judge Marcos E. Lopez on December 11, 2020. (Lopez, Marcos)
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Filing 30
ORDER granting #29 Motion for Extension of Time to Amend. Amended Complaint due by 12/16/2020. Signed by Judge Raul M. Arias-Marxuach on 12/10/2020. (mrr)
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Filing 29
MOTION for Extension of Time until December 16, 2020 to Amend Complaint. filed by Daniel Perez-Refojos on behalf of Ralph Francis Cazenav Bey, Chinyere Adaaku Osuji Responses due by 12/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Refojos, Daniel)
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Filing 28
ORDER. A settlement videoconference is set for December 11, 2020 at 2:00 pm. An email with the log in information will be sent to counsel of record. Signed by US Magistrate Judge Marcos E. Lopez on 12/1/2020. (jjr)
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Filing 27
Minute Entry for proceedings held before Judge Raul M. Arias-Marxuach: Status Conference held on 11/25/2020 via VTC. Present on behalf of the plaintiffs were attorneys Salvador Antonetti, Daniel Perez and Marta Villares and on behalf of defendant were attorneys Arlene Perez and Luciano Cano. The parties informed the status of the case. The Court strongly urged defendant to arrange a video-call for today between plaintiffs and their minor son MOB, and also to follow up and make sure the in person visit takes place December 3rd. The Court granted plaintiffs a period of fourteen (14) days to amend the complaint and the defendants fourteen (14) days from the service of the complaint to respond. The case is referred to a United States Magistrate Judge for a Settlement Conference to be held during the month of December 2020. (Court Reporter DCR.) (nat)
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Filing 26
NOTICE of Appointment of Counsel of Marta M. Villares-Sereniz to represent Chinyere Adaaku Osuji and Ralph Francis Cazenav Bey re 24 Order, Terminate Motions. Signed by Clerk on 11/25/2020. (Attachments: #1 Notification in the Spanish language) (mcm)
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Filing 25
ORDER REFERRING CASE to the Honorable Marcos E. Lopez, United States Magistrate Judge, for a Settlement Conference to be held during the month of December 2020 pursuant to Local Rule 72(b). Signed by Judge Raul M. Arias-Marxuach on 11/25/2020. (mrr)
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Filing 24
ORDER granting in part #23 Informative Motion regarding Order at Docket No. 20. Pursuant to Local Rule 83L, the Court appoints Attorney Marta Villares pro-bono to join plaintiffs' current legal representation. Defendant may make arrangements to have MOB participate by Video Conference at the status conference. However the Court will not compel it to do so at this time. The rest of the issues raised in the motion will be discussed at tomorrow's status conference. Signed by Judge Raul M. Arias-Marxuach on 11/24/2020.(mrr)
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Filing 23
INFORMATIVE Motion regarding ORDER AT DOCKET NO. 20, MOTION requesting Order filed by Daniel Perez-Refojos on behalf of Ralph Francis Cazenav Bey, Chinyere Adaaku Osuji Responses due by 12/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Refojos, Daniel)
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Filing 22
RESPONSE in Opposition to Motion filed by All Defendants Re: #19 Emergency Motion In Compliance with Order to Show Cause as to 17 Order,,,,, Set Deadlines,,,, filed by Chinyere Adaaku Osuji, Ralph Francis Cazenav Bey filed by All Defendants. (Perez-Borrero, Arlene)
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Filing 21
MOTION to Dismiss/Lack of Jurisdiction as to All Defendants filed by All Defendants Responses due by 12/4/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Borrero, Arlene)
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Filing 20
ORDER re: #19 Motion In Compliance. Granted in part. The Court will hold in abeyance the jurisdictional issue. Defendant Departamento de la Familia shall respond to the Complaint by November 20, 2020 and shall respond to this motion by November 23, 2020. A Status Conference is set for 11/25/2020 at 9:00 AM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. If Plaintiffs' counsel is of the view that adding an attorney with family experience would be advantageous, he may nominate a candidate for pro-bono appointment. Lastly and without expressing a view the merits of any party's claims or defenses, the Court strongly urges Defendant to arrange and allow Plaintiffs to have an in person visit with their minor son MOB on Monday November 23, 2020 if only out of simple humanity since it is reportedly the child's birthday. Plaintiffs' counsel shall notify defendant Departamento de la Familia of this Order via email and/or regular mail. Signed by Judge Raul M. Arias-Marxuach on 11/17/2020. (nat) Modified on 11/17/2020 to add docket text (mcm).
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Filing 19
Emergency Motion In Compliance with Order to Show Cause as to 17 Order,,,,, Set Deadlines,,,, filed by Salvador J. Antonetti-Stutts on behalf of All Plaintiffs Responses due by 11/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 17 ) (Antonetti-Stutts, Salvador)
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Filing 18
ORDER denying #5 Motion for Leave to File, #14 Motion for Leave to File and #16 Motion for Leave to File. The Court notes Plaintiffs' diligence in seeking to comply with the Court's Order at Docket 4 . But the official language of proceedings before the United States District Court for the District of Puerto Rico is English and Plaintiffs have tendered voluminous documents in Spanish which the Court cannot consider in the absence of certified translations as required by Local Rule 5(g). The cost of procuring certified translations for all the documents Plaintiffs have submitted to date is likely to be very high and the Court does not wish to burden Plaintiffs with what may be a needless expense. Because the Court has appointed pro-bono counsel, plaintiffs shall refrain from further pro-se filings. By December 21, 2020, the Court appointed pro-bono counsel will submit certified translations of those documents he wishes the Court consider in response to the order to show cause at 17 . Signed by Judge Raul M. Arias-Marxuach on 11/5/2020.(mrr)
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Filing 17
ORDER: It appears from the documents at Docket [16-1] pages 96-99, that the Court of First Instance issued a final judgment ("Sentencia") in Case No. SJ2020MM00010 from which plaintiffs can seek appellate review in the Courts of the Commonwealth of Puerto Rico. Plaintiffs are granted until December 21, 2020 to: (a) submit a certified English translation of the complete judgment of the Court of First Instance; and (b) show cause why this Court should not dismiss this case under the Rooker-Feldman or the Younger abstention doctrines. See e.g. Davison v. Gov't of Puerto Rico-Puerto Rico Firefighters Corps., 471 F.3d 220, 223 (1st Cir.2006) (Rooker-Feldman applies when plaintiff's request would require the federal court to review and reject a final state court judgment); Amada v. Department of Children and Families, 245 F.Supp. 3d 316 (D. Mass. 2017) (applying the Younger abstention doctrine to federal lawsuit alleging deprivation of constitutional rights and arising out of state child custody proceedings). Signed by Judge Raul M. Arias-Marxuach on 11/5/2020. (mrr)
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Filing 16
MOTION for Leave to File Certified Court Records filed by Chinyere Adaaku Osuji, Pro Se. Responses due by 11/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Court Records)(mcm) (Additional attachment(s) added on 11/2/2020: #2 Envelope) (mcm). Modified on 11/2/2020 to place restriction to exhibits (mcm).
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Filing 15
SUMMONS Returned Executed by USM on behalf of Chinyere Adaaku Osuji, Ralph Francis Cazenav Bey upon Departamento de la Familia served on 10/28/2020, answer due 11/18/2020. (Attachments: #1 Summons) (mcm)
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Filing 14
MOTION for Leave to File Certified Court Records filed by Chinyere Adaaku Osuji, Pro Se Responses due by 11/6/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit: Court Records)(mcm) Modified on 10/23/2020 to place restriction to exhibit (mcm).
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Filing 13
NOTICE of Appointment of Counsel of Salvador J. Antonetti-Stutts, Esq. to represent Chinyere Adaaku Osuji and Ralph Francis Cazenav Bey 12 Order. Signed by Clerk on 10/23/2020. (mcm)
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Filing 12
ORDER granting 11] Motion Requesting Relief from Appointment. Attorney Maria De Lourdes Rivera-Sostre is granted leave to withdraw from plaintiffs' representation. Attorney Salvador J. Antonetti-Stutts is hereby appointed to represent plaintiffs under Rule 83L of the Local Rules of U.S. District Court for the District of Puerto Rico because of his knowledge of Government Litigation. Signed by Judge Raul M. Arias-Marxuach on 10/23/2020.(mrr)
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Filing 11
MOTION Requesting Relief from appointment, INFORMATIVE Motion filed by Maria De Lourdes Rivera-Sostre on behalf of All Plaintiffs Responses due by 11/5/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Rivera-Sostre, Maria). Added MOTION requesting Order on 10/23/2020 (mcm). Modified on 10/23/2020 to add motion and edit title (mcm)
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Filing 10
NOTICE of Appointment of Counsel of Maria de Lourdes Rivera-Sostre to represent Chinyere Adaaku Osuji and Ralph Francis Cazenav Bey re 7 Order. Signed by Clerk on 10/21/2020. (mcm)
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Filing 9
Summons Issued as to Departamento de la Familia through the US Marshals with Copy or Order, Copy of Petition of Habeas Corpus and USM 285 (ad)
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Filing 8
ORDER re #6 Petition for Writ of Habeas Corpus. The Clerk will issue the summons and the United States Marshal will serve process on Defendant "Departamento de la Familia" a/k/a Puerto Rico Department of Family Affairs. Signed by Judge Raul M. Arias-Marxuach on 10/21/2020. (mrr)
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Filing 7
ORDER: Pursuant to Local Civil Rule 83L, the Clerk of the Court shall appoint pro-bono counsel to represent plaintiffs. Signed by Judge Raul M. Arias-Marxuach on 10/21/2020. (mrr)
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Filing 6
PETITION for Writ of Habeas Corpus and Writ of Mandamus filed by Chinyere Adaaku Osuji, Ralph Francis Cazenav Bey, Pro Se. Service due by 1/18/2021. (Attachments: #1 Supplement, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Cover Letter)(mcm)
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Filing 5
MOTION for Leave to File Certified Court Records as per D.E. # 4 Order filed by Chinyere Adaaku Osuji, Pro Se. Responses due by 11/4/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments in the Spanish Language: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (mcm) Modified on 10/21/2020 to place restriction to exhibits (mr). (Additional attachment(s) added on 10/21/2020: #6 Envelope) (mcm).
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Filing 4
ORDER: By October 29, 2020, Plaintiffs Chinyere Adaaku Osuji and Ralph Francis Cazenav Bey shall file under seal with this Court certified copies of the following documents pertaining to the case captioned Departamento de Familia, Ex-Parte, Case No. SJ2020MM00010 filed before the Court of First Instance, San Juan Part: (a) the docket of the case (that is the list of chronological entries describing activity in the case); (b) every order ("orden"), resolution ("resolucion") or judgment ("sentencia") entered by the Court of First Instance in that case. Signed by Judge Raul M. Arias-Marxuach on 10/15/2020. (mrr)
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Filing 3
ORDER re #2 Motion for Entry of Default. Denied. Defendant has not been served with summons in this action as Plaintiffs have not requested the Clerk of the Court to issue them. Thus there are no grounds for entry of default at this stage. See Rule 4 of the Federal Rules of Civil Procedure and Rule 55 of the Federal Rules of Civil Procedure. If Plaintiffs would like to be assisted by an attorney and they lack the means to retain one, they must move for appointment of pro-bono counsel and comply with the requirements of Local Rule 83L of the Local Rules of the U.S. District Court for the District of Puerto Rico which are available at https://www.prd.uscourts.gov/local-rules. Signed by Judge Raul M. Arias-Marxuach on 10/15/2020. (mrr)
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Filing 2
MOTION for Default Entry as to Departamento de la Familia filed by Chinyere Adaaku Osuji, Ralph Francis Cazenav Bey, pro se. Responses due by 10/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm)
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Filing 1
PETITION for Writ of Habeas Corpus and Writ of Mandamus filed by Chinyere Adaaku Osuji, Ralph Francis Cazenav Bey, pro se. Service due by 1/11/2021. (Attachments: #1 Affidavit)(mcm)
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