Diaz v. Walmart Puerto Rico Inc.
Plaintiff: Ileana Diaz
Defendant: Walmart Puerto Rico Inc.
Case Number: 3:2020cv01573
Filed: October 22, 2020
Court: US District Court for the District of Puerto Rico
Presiding Judge: Francisco A Besosa
Referring Judge: Bruce J McGiverin
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2023 Filing 45 FINAL JUDGMENT. Signed by US Magistrate Judge Bruce J. McGiverin on 4/5/2023. (JM)
April 5, 2023 Opinion or Order Filing 44 ORDER granting #43 Notice of Voluntary Dismissal by Ileana Diaz: This case is dismissed with prejudice and without imposition of costs or fees. Final judgment to be entered. Signed by US Magistrate Judge Bruce J. McGiverin on 4/5/2023. (JM)
April 3, 2023 Filing 43 NOTICE of Voluntary Dismissal With Prejudice by Ileana Diaz (Rivero-Vergne, Jose)
April 3, 2023 Opinion or Order Filing 42 ORDER: The parties have not complied with the order entered at Docket No. 41. By April 5, 2023, the parties shall show cause why this case should not be dismissed pursuant to Local Rule 41(a). Show Cause Response due by 4/5/2023. Signed by US Magistrate Judge Bruce J. McGiverin on 4/3/2023. (JM)
February 15, 2023 Opinion or Order Filing 41 ORDER noted and granted #40 Emergency INFORMATIVE Motion regarding Settlement. Settlement conference set for 2/15/2023 is vacated. Joint stipulation for voluntary dismissal to be filed by 3/17/2023. Signed by US Magistrate Judge Bruce J. McGiverin on 2/15/2023. (JM)
February 15, 2023 Filing 40 Emergency INFORMATIVE Motion regarding Settlement and Vacating Today's Conference filed by Kenneth C. Suria-Rivera on behalf of Walmart Puerto Rico Inc. Responses due by 3/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth)
January 31, 2023 Opinion or Order Filing 39 ORDER granting #38 Motion for Hearing: Settlement Conference is set for 2/15/2023 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. If no settlement is reached, motions in limine to be filed by 2/24/2023, with oppositions not later than 3/3/2023. Signed by US Magistrate Judge Bruce J. McGiverin on 1/31/2023. (JM)
January 31, 2023 Filing 38 MOTION for Hearing Settlement Conference filed by Jose L. Rivero-Vergne on behalf of All Plaintiffs Responses due by 2/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivero-Vergne, Jose)
January 25, 2023 Filing 37 NOTICE of Appearance by Juan R. Gonzalez-Munoz on behalf of Ileana Diaz(Gonzalez-Munoz, Juan) Modified on 1/26/2023 to correct event and docket text. (mg).
December 19, 2022 Filing 36 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Final pretrial/settlement conference held on 12/19/2022. Jury Selection and Jury Trial are set for 3/27/2023 at 9:30 AM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. (JM)
December 12, 2022 Opinion or Order Filing 35 ORDER: Final pretrial/settlement conference is reset for 12/19/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 12/12/2022. (JM)
December 7, 2022 Opinion or Order Filing 34 ORDER: Final pretrial/settlement conference is reset for 12/16/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 12/7/2022. (JM)
November 30, 2022 Opinion or Order Filing 33 ORDER granting #32 Emergency MOTION on Consent to Reset Settlement and Pretrial Conference: Final pretrial/settlement conference is reset for 12/15/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 11/30/2022. (JM)
November 30, 2022 Filing 32 Emergency MOTION on Consent to Reset Settlement and Pretrial Conference date filed by Kenneth C. Suria-Rivera on behalf of Walmart Puerto Rico Inc. Responses due by 12/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth)
November 15, 2022 Opinion or Order Filing 31 ORDER granting #30 Joint Motion to Continue: Final pretrial/settlement conference is reset for 12/1/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 11/15/2022. (JM)
November 14, 2022 Filing 30 Joint MOTION to Continue Joint Motion for Continuance filed by Stephanie Michelle Vilella-Alonso on behalf of all parties. Responses due by 11/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) Modified on 11/15/2022 to add filer. (mg).
November 14, 2022 Opinion or Order Filing 29 ORDER: Final pretrial/settlement conference is ADVANCED to 11/17/2022 at 2:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 11/14/2022. (JM)
October 21, 2022 Filing 28 PRETRIAL MEMORANDUM by All Parties. (Rivero-Vergne, Jose) Modified on 10/24/2022 to add filer. (mg).
September 30, 2022 Filing 27 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Settlement Conference held on 9/30/2022. Joint proposed pretrial order is due by 10/21/2022. Final pretrial/settlement conference is reset for 11/18/2022 at 2:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. (JM)
September 22, 2022 Opinion or Order Filing 26 ORDER granting #25 Joint Motion for Setting: Settlement Conference is set for 9/30/2022 at 10:00 AM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Motions to continue shall contain three alternate dates when all parties are available. Signed by US Magistrate Judge Bruce J. McGiverin on 9/22/2022. (JM)
September 7, 2022 Filing 25 Joint MOTION for Setting Initial Settlement Conference filed by Kenneth C. Suria-Rivera on behalf of all parties. Responses due by 9/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth) Modified on 9/8/2022 to add filer (mg).
August 11, 2022 Opinion or Order Filing 24 ORDER granting #23 Joint Motion to Continue: Joint proposed pretrial order is due by 9/30/2022. Final pretrial/settlement conference is reset for 10/27/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 8/11/2022. (JM)
July 27, 2022 Filing 23 Joint MOTION to Continue Reset Pre Trial Date filed by Jose L. Rivero-Vergne on behalf of All Parties. Responses due by 8/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivero-Vergne, Jose) Modified on 7/28/2022 to add filer (mg).
July 22, 2022 Opinion or Order Filing 22 ORDER: The deadlines to complete discovery and to file dispositive motions have expired. Accordingly, the parties shall file a joint proposed pretrial order by August 31, 2022. Joint proposed pretrial order is due by 8/31/2022. Final pretrial/settlement conference is set for 10/6/2022 at 3:00 PM in Courtroom 9 before US Magistrate Judge Bruce J. McGiverin. Motions to continue shall contain three alternate dates when all parties are available. Signed by US Magistrate Judge Bruce J. McGiverin on 7/22/2022. (JM)
March 14, 2022 Filing 21 NOTICE of Appearance by Stephanie Michelle Vilella-Alonso on behalf of Walmart Puerto Rico Inc. (Vilella-Alonso, Stephanie)
February 7, 2022 Opinion or Order Filing 20 ORDER granting #19 Motion to Withdraw as Attorney. Attorney Gerardo J. Cruz-Ortiz terminated. Signed by US Magistrate Judge Bruce J. McGiverin on February 7, 2022. (McGiverin, Bruce)
January 21, 2022 Filing 19 MOTION to Withdraw Attorney as to Gerardo J. Cruz-Ortiz filed by Gerardo J. Cruz-Ortiz on behalf of Walmart Puerto Rico Inc. Responses due by 2/4/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cruz-Ortiz, Gerardo)
December 21, 2021 Opinion or Order Filing 18 ORDER granting #17 Motion for extension of time. Discovery and dispositive motion deadlines extended to 6/15/22 and 7/15/22, respectively. No further extensions will be granted. Signed by US Magistrate Judge Bruce J. McGiverin on December 21, 2021. (McGiverin, Bruce)
December 6, 2021 Filing 17 MOTION for extension of time until June 15, 2022 to Conclude Discovery filed by Jose L. Rivero-Vergne on behalf of All Plaintiffs Responses due by 12/20/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivero-Vergne, Jose)
November 2, 2021 Filing 16 NOTICE of Appearance of Counsel by Gerardo J. Cruz-Ortiz on behalf of Walmart Puerto Rico Inc. (Cruz-Ortiz, Gerardo)
April 16, 2021 Filing 15 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Initial Scheduling Teleconference held on 4/16/2021: Expert reports due by 9/30/2021. Discovery to conclude by 12/6/2021. Dispositive motions due by 1/7/2022, oppositions by 2/7/2022, and any replies by 2/22/2022. (jm)
April 14, 2021 Opinion or Order Filing 14 ORDER: Initial Scheduling Teleconference set for 4/16/2021 is advanced to 1:30 PM before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 4/14/2021. (jm)
April 9, 2021 Opinion or Order Filing 13 ORDER: Initial Scheduling Teleconference is set for 4/16/2021 at 3:00 PM before US Magistrate Judge Bruce J. McGiverin. Teleconference bridge information will be sent to counsel by e-mail. Signed by US Magistrate Judge Bruce J. McGiverin on 4/9/2021. (jm)
March 26, 2021 Filing 12 INITIAL SCHEDULING CONFERENCE MEMORANDUM by All Defendants. (Suria-Rivera, Kenneth)
March 9, 2021 Filing 11 MEMORANDUM OF THE CLERK: By Order of Judge Francisco A. Besosa (Docket No. 10), this case has been randomly assigned to U.S. Magistrate Judge Bruce J. McGiverin for all further proceedings, including entry of judgment. All future pleadings shall bear only the initials of the Magistrate Judge next to the case number: Civil Case No. 20-1573 (BJM). Judge Francisco A. Besosa is no longer assigned to this case. Signed by Clerk on 03/09/2021. (ft)
March 9, 2021 Opinion or Order Filing 10 ORDER re #8 Scheduling Order/Case Management Order. On February 22, 2021, the Court ordered the parties to inform it, no later than March 8, 2021, whether they would consent to have a magistrate judge handle all proceedings in the case, to include the entry of judgment (Docket No. 8). Failure to do so would be considered implicit consent. Id. The parties failed to do so. Accordingly, this case is referred to a magistrate judge for all further proceedings, to include the entry of judgment. Signed by Judge Francisco A. Besosa on 03/09/2021. (brc)
February 22, 2021 Opinion or Order Filing 9 ORDER re #6 Motion for Leave to Appear: MOOT. Signed by Judge Francisco A. Besosa on 02/22/2021. (brc)
February 22, 2021 Opinion or Order Filing 8 SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 5/30/2022 09:00 AM in Courtroom 2 before Judge Francisco A. Besosa. Initial Scheduling Conference set for 4/5/2021 10:00 AM in VTC Bridge FAB before Judge Francisco A. Besosa. Pretrial/Settlement Conference set for 5/23/2022 09:00 AM in Courtroom 2 before Judge Francisco A. Besosa. Amended Pleadings due by 3/22/2021. Discovery due by 12/6/2021. Memorandum Filing due by 3/29/2021. Motions due by 3/8/2021. Outstanding Pleadings due by 3/15/2021. Proposed Pretrial Order due by 5/9/2022. Rule 26 Meeting Report due by 3/15/2021.Signed by Judge Francisco A. Besosa on 2/22/2021.(om)
December 28, 2020 Filing 7 ANSWER to #1 Complaint, filed by Kenneth C. Suria-Rivera on behalf of Defendant Walmart Puerto Rico Inc..(Suria-Rivera, Kenneth)
December 1, 2020 Filing 6 MOTION for Leave to Appear and for Extension of Time Answer or otherwise Plead until December 31, 2020 filed by Kenneth C. Suria-Rivera on behalf of Walmart Puerto Rico Inc. Responses due by 12/15/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth)
October 23, 2020 Opinion or Order Filing 5 ORDER re #2 Motion Submitting: NOTED. Signed by Judge Francisco A. Besosa on 10/23/2020. (brc)
October 23, 2020 Filing 4 Summons Issued as to Walmart Puerto Rico Inc. (Attachments: #1 Summons) (ad)
October 23, 2020 Filing 3 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Francisco A. Besosa (arg)
October 22, 2020 Filing 2 MOTION Submitting Signed Civil Cover Sheet filed by Jose L. Rivero-Vergne 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 Civil Cover Sheet)(Rivero-Vergne, Jose)
October 22, 2020 Filing 1 COMPLAINT against Walmart Puerto Rico Inc. ( Filing fee $400 receipt number 0104-7060638.), filed by Ileana Diaz. Service due by 1/20/2021, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Summons)(Rivero-Vergne, Jose) Modified on 10/26/2020 to correct defendant's name (ab).

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Defendant: Walmart Puerto Rico Inc.
Represented By: Kenneth C. Suria-Rivera
Represented By: Gerardo J. Cruz-Ortiz
Represented By: Stephanie Michelle Vilella-Alonso
Represented By: Gerardo Jose Cruz
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Plaintiff: Ileana Diaz
Represented By: Jose L. Rivero-Vergne
Represented By: Juan R. Gonzalez-Munoz
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