America Cruise Ferries, Inc. v. Hon. Wanda Vazquez Garced
| America Cruise Ferries, Inc. |
| Hon. Wanda Vazquez Garced |
| 3:2020cv01633 |
| November 12, 2020 |
| US District Court for the District of Puerto Rico |
| Daniel R Dominguez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.
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Filing 46
JUDGMENT. Pursuant to the Court's Opinion and Order (Docket No. 44), the Court hereby GRANTS Hon. Wanda Vazquez-Garced's Motion to Dismiss (Docket No. 25). Consequently, the Court hereby DISMISSES the instant case WITH PREJUDICE. THIS CASE IS NOW CLOSED FOR ALL ADMINISTRATIVE AND STATISTICAL PURPOSES. IT IS SO ORDERED, ADJUDGED AND DECREED. Signed by Judge Daniel R. Dominguez on 12/17/2020. (DMA)
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Filing 45
ORDER finding as moot #34 INFORMATIVE motion. Signed by Judge Daniel R. Dominguez on 12/17/2020. (DMA)
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Filing 44
ORDER granting #25 Motion to Dismiss for Failure to State a Claim. See the attached Opinion and Order for further details. The corresponding Judgment is to be entered forthwith. Signed by Judge Daniel R. Dominguez on 12/17/2020. (DMA)
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Filing 43
ORDER noted #36 Motion submitting; noted #37 Motion for Miscellaneous Relief. Signed by Judge Daniel R. Dominguez on 12/17/2020. (DMA)
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| Filing 42 RESPONSE in Opposition to Motion "Plaintiff's Post-Hearing Memorandum on Application for Preliminary Injunction" and Defendant's Preliminary Injunction Hearing Closing Arguments filed by Hon. Wanda Vazquez Garced Re: #38 Brief filed by America Cruise Ferries, Inc. filed by Hon. Wanda Vazquez Garced. (Attachments: #1 Appendix Defendant's Proposed Statement of Facts Established on the Record and in the Preliminary Injunction Hearing)(Ramirez-Ortiz, Juan) Modified on 12/9/2020 remove italics (gav). |
| Filing 39 OBJECTION Plaintiff's Partial Opposition to Defendant's Motion to Take Judicial Notice filed by America Cruise Ferries, Inc. Re: #37 MOTION to Take Judicial Notice filed by Hon. Wanda Vazquez Garced filed by America Cruise Ferries, Inc.. (Rivera-Morales, Jose) Modified on 12/8/2020 remove italics (gav). |
| Filing 38 BRIEF Plaintiff's Post-Hearing Memorndum on Application for Preliminary Injunction by America Cruise Ferries, Inc.. (Rivera-Morales, Jose) Modified on 12/7/2020 remove italics (gav). |
| Filing 37 MOTION to Take Judicial Notice filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced Responses due by 12/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) |
| Filing 36 MOTION Submitting Defendant's Exhibits Accepted at Preliminary Injunction Hearing filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced Responses due by 12/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit B-1 - CDC Traveler's Health - COVID-19 in Puerto Rico, #2 B-2 - CDC Traveler's Health - COVID-19 in Dominican Republic)(Ramirez-Ortiz, Juan) |
| Filing 41 DEFENDANT'S Exhibit List. (Attachments: #1 Exhibit A, #2 Exhibit B 1-2, #3 Exhibit B 3-4)(amr) |
| Filing 40 PLAINTIFF'S Exhibit List. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(amr) |
| Filing 35 Minute Entry for proceedings held before Judge Daniel R. Dominguez:Preliminary Injunction Hearing held on 12/2/2020. Supplemental Brief by Plaintiff due the morning of 12/04/2020. Defendants Brief due by 5:00 PM on 12/08/2020. (Court Reporter Lisa O'Brien.) (amr) |
| Filing 34 INFORMATIVE Motion regarding Reservation of Rights on Amendment of Pleadings filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 12/15/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Morales, Jose) |
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Filing 33
ORDER noted #32 INFORMATIVE motion. Signed by Judge Daniel R. Dominguez on 12/1/2020. (DMA)
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| Filing 32 INFORMATIVE Motion regarding Service of Witness Subpoena filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 12/15/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Morales, Jose) |
| Filing 31 Minute Entry for proceedings held before Judge Daniel R. Dominguez: Preliminary Injunction Hearing held on 11/30/2020. Further Preliminary Injunction Hearing set for 12/2/2020 09:30 AM in VTC Bridge DRD before Judge Daniel R. Dominguez. (Court Reporter Lisa O'Brien.) (amr) |
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Filing 30
ORDER granting #24 Motion for Leave to File. Signed by Judge Daniel R. Dominguez on 11/30/2020. (DMA)
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Filing 29
ORDER granting #23 Motion for Miscellaneous Relief; noted #27 Motion submitting. Signed by Judge Daniel R. Dominguez on 11/30/2020. (DMA)
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| Filing 28 OBJECTION Plaintiff's Opposition to Defendants Motion to Dismiss filed by America Cruise Ferries, Inc. Re: #25 MOTION to dismiss for failure to join an indispensable party under Rule 19 as to Hon. Wanda Vazquez Garced MOTION to Dismiss for Failure to State a Claim filed by Hon. Wanda Vazquez Garced filed by America Cruise Ferries, Inc.. (Attachments: #1 Exhibit Supplementary Declaration)(Rivera-Morales, Jose) |
| Filing 27 MOTION Submitting Certified English Translation of Exhibit 2 to Plaintiff Ferries del Caribe Memorandum of Law in Support of The Application for Preliminary Injunction re: #22 Memorandum in Support of Motion, filed by America Cruise Ferries, Inc. filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 12/14/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Certified Translation)(Related document(s) #22 ) (Rivera-Morales, Jose) Modified on 11/30/2020 remove italics(gav). |
| Filing 26 MEMORANDUM in Opposition to Preliminary Injunction filed by Hon. Wanda Vazquez Garced Re: #22 Memorandum in Support of Motion, filed by America Cruise Ferries, Inc. filed by Hon. Wanda Vazquez Garced. (Attachments: #1 Exhibit 1 - Ferries del Caribe Testing Report)(Ramirez-Ortiz, Juan) Modified on 11/30/2020 remove italics(gav). |
| Filing 25 MOTION to dismiss for failure to join an indispensable party under Rule 19 as to Hon. Wanda Vazquez Garced, MOTION to Dismiss for Failure to State a Claim filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced Responses due by 12/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Ferries del Caribe Testing Report)(Ramirez-Ortiz, Juan) |
| Filing 24 MOTION for Leave to File Document Motion to Dismiss and Memorandum in Opposition to Preliminary Injunction in excess of pages filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced Responses due by 12/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) Modified on 11/30/2020 remove italics (gav). |
| Filing 23 MOTION Plaintiff's Motion for Leave to Submit Spanish Language Exhibit and for Short Extension of Time to File Certified Translation re #22 Memorandum in Support of Motion, filed by America Cruise Ferries, Inc. filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 12/9/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #22 ) (Rivera-Morales, Jose) Modified on 11/30/2020 remove italics (gav). |
| Filing 22 Memorandum in Support Plaintiff Ferries del Caribe's Memorandum of Law in Support of the Application for a Preliminary Injunction filed by America Cruise Ferries, Inc. Re: #10 Order on Motion for TRO, filed by America Cruise Ferries, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rivera-Morales, Jose) Modified on 11/30/2020 remove italics (gav). |
| Filing 21 NOTICE of Appearance by Joel Torres-Ortiz on behalf of Hon. Wanda Vazquez Garced (Torres-Ortiz, Joel) |
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Filing 20
ORDER denying #19 Motion for TRO. Although the Court acknowledges that Plaintiff's renewed request provides some additional information not included at Docket Nos. #1 and #3 , the reasoning behind the issuance of the Order at Docket No. #10 remains unaltered. Therefore, the Court restates that, prior to entering injunctive relief, its necessary to hold the preliminary hearing that is scheduled for November 30, 2020. Signed by Judge Daniel R. Dominguez on 11/23/2020. (DMA)
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| Filing 19 MOTION for Temporary Restraining Order Renewed Motion for Temporary Restraining Order filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 12/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Morales, Jose) Modified on 11/20/2020 change italics (gav). |
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Filing 18
ORDER granting #15 Motion for extension of time; finding as moot #15 Motion to Continue. The Commonwealth is hereby authorized to file its respective brief on or before November 25, 2020. Plaintiff is also authorized to take advantage of said extension to file its corresponding brief. Signed by Judge Daniel R. Dominguez on 11/18/2020. (DMA)
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Filing 17
ORDER granting #14 Motion to clarify. The Court hereby clarifies that the date for the Preliminary Injunction Hearing is November 30, 2020 at 1:00 p.m. Furthermore, the Court expects the Parties to both argue their respective positions and present the necessary evidence in support thereof. Signed by Judge Daniel R. Dominguez on 11/18/2020. (DMA)
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| Filing 16 OBJECTION Plaintiff's Objection to "Defendant's Emergency Motion for Brief Extension to File Defendant's Response and for Continuance of Preliminary Injunction Hearing" filed by America Cruise Ferries, Inc. Re: #15 Emergency MOTION for extension of time until November 25, 2020 to file Defendant's Brief in Opposition to Preliminary InjunctionEmergency MOTION to Continue Preliminary Injunction Hearing to November 30, 2020 filed by Hon. Wanda Vazquez Garced filed by America Cruise Ferries, Inc. (Rivera-Morales, Jose) Modified on 11/20/2020 edit text (gav). |
| Filing 15 Emergency MOTION for extension of time until November 25, 2020 to file Defendant's Brief in Opposition to Preliminary Injunction, Emergency MOTION to Continue Preliminary Injunction Hearing to November 30, 2020 filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced. Responses due by 12/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) Modified on 11/20/2020 edit text (gav). |
| Filing 14 Emergency MOTION to Clarify Date and Scope of the Preliminary Injunction Hearing set by the Court at Docket No. 10 filed by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced Responses due by 12/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramirez-Ortiz, Juan) Modified on 11/20/2020 edit text (gav). |
| Filing 13 NOTICE of Appearance by Juan C. Ramirez-Ortiz on behalf of Hon. Wanda Vazquez Garced (Ramirez-Ortiz, Juan) |
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Filing 12
ORDER noted #11 Motion In Compliance. Signed by Judge Daniel R. Dominguez on 11/17/2020. (DMA)
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| Filing 11 Motion In Compliance to Inform Compliance on Certification of Service of Order as to Preliminary Injunction Hearing as to #10 Order on Motion for TRO, filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 11/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Related document(s) #10 ) (Rivera-Morales, Jose) Modified on 11/17/2020 edit text (gav). |
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Filing 10
ORDER denying #3 Motion for TRO. See attached order for further details. Preliminary Injunction Hearing set for 11/30/2020 01:00 PM in VTC Bridge DRD before Judge Daniel R. Dominguez. Signed by Judge Daniel R. Dominguez on 11/13/2020. (DMA)
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Filing 9
ORDER granting #6 Motion for Leave to Appear. Signed by Judge Daniel R. Dominguez on 11/13/2020. (DMA)
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Filing 8
ORDER noted #2 Motion for Disclosure. Signed by Judge Daniel R. Dominguez on 11/13/2020. (DMA)
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| Filing 7 SUMMONS Returned Executed by America Cruise Ferries, Inc. upon Hon. Wanda Vazquez Garced served on 11/13/2020, answer due 12/4/2020. (Rivera-Morales, Jose) |
| Filing 6 MOTION for Leave to Appear filed by Carlos E. Bayron-Velez 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. (Bayron-Velez, Carlos) |
| Filing 5 Summons Issued as to Hon. Wanda Vazquez Garced (Attachments: #1 Summons) (ad) |
| Filing 4 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Daniel R. Dominguez (arg) |
| Filing 3 MOTION for Temporary Restraining Order Emergency Request for Temporary Restraining Order filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 11/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Rivera-Morales, Jose) |
| Filing 2 MOTION for Disclosure Rule 7.1 Statement filed by Jose Ramon Rivera-Morales on behalf of America Cruise Ferries, Inc. Responses due by 11/30/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Morales, Jose) |
| Filing 1 COMPLAINT VERIFIED COMPLAINT FOR EMERGENCY INJUNCTIVE RELIEF against Hon. Wanda Vazquez Garced ( Filing fee $400 receipt number 0104-7084693.), filed by America Cruise Ferries, Inc.. Service due by 2/10/2021, (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Category Sheet, #4 Summons)(Rivera-Morales, Jose) |
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| Plaintiff: America Cruise Ferries, Inc. | |
| Represented By: | Jose Ramon Rivera-Morales |
| Represented By: | Carlos E. Bayron-Velez |
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| Defendant: Hon. Wanda Vazquez Garced | |
| Represented By: | Juan C. Ramirez-Ortiz |
| Represented By: | Joel Torres-Ortiz |
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