Ruiz-Romero v. Puerto Rico Department of Labor
| Ernesto Ruiz-Romero |
| Puerto Rico Department of Labor |
| 3:2021cv01039 |
| January 26, 2021 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Gina R Mendez-Miro |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 56
ORDER holding in abeyance #55 Motion to Withdraw Attorney as to Eric Perez-Ochoa. A Motion Hearing is set for 8/8/2023 at 10:00 AM in Courtroom 5 before Judge Gina R. Mendez-Miro to discuss this motion. Signed by Judge Gina R. Mendez-Miro on 7/10/2023. (GMN)
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| Filing 55 MOTION to Withdraw Attorney as to Eric Perez-Ochoa filed by Eric Perez-Ochoa on behalf of Ernesto Ruiz-Romero Responses due by 7/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Ochoa, Eric) |
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Filing 54
ORDER. Plaintiff's appointed counsel is granted until August 4, 2023 to inform the Court his assessment of this case and the status of Plaintiff's representation. Status Report due by 8/4/2023. Signed by Judge Gina R. Mendez-Miro on 7/5/2023.(GMN)
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Filing 53
NOTICE OF APPOINTMENT OF COUNSEL PRO BONO. Counsel Eric Perez-Ochoa, Esq. appointed to represent Plaintiff: Ernesto Ruiz-Romero (Pro-se) re: ECF No. 51 ORDER. Signed by Clerk on May 23, 2023. Manual Notification sent via regular mail to Plaintiff: Ernesto Ruiz-Romero and Counsel Eric Perez-Ochoa, Esq. Signed by Judge Gina R. Mendez-Miro on 5/18/2023. (Attachments: #1 Notice in Spanish). (mg)
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Filing 52
ORDER noting and declaring moot #50 Motion requesting Order. See Docket Nos. 45, 46 and 47. Signed by Judge Gina R. Mendez-Miro on 5/18/2023. (GMN)
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Filing 51
ORDER. In the interest of justice, a pro-bono appointment for plaintiff Ernesto Ruiz Romero is deemed appropriate. This is the fourth pro-bono counsel that is appointed by the Court since 2021. Previous counsel have not been able to see eye to eye. Plaintiff, however, does not appear to be able to adequately represent himself. Pursuant to Title 28, United States Code, Section 1915 (e) and Local Civil Rule 83L, the Clerk of the Court shall appoint a fourth and final pro-bono counsel for Plaintiff Ruiz Romero. The Clerk's Office is to notify this Order by mail to Plaintiff Ruiz Romero at his address of record. Signed by Judge Gina R. Mendez-Miro on 5/18/2023.(GMN)
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| Filing 50 MOTION requesting Order filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 5/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mg) |
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Filing 49
ORDER noting #48 Informative Motion regarding Counsel's Vacation Period. Signed by Judge Gina R. Mendez-Miro on 5/11/2023. (GMN)
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| Filing 48 INFORMATIVE Motion regarding Counsel's Vacation Period filed by Rafael B. Fernandez Castaner on behalf of Puerto Rico Department of Labor Responses due by 5/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez Castaner, Rafael) |
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Filing 47
ORDER noting #46 Motion In Compliance. Signed by Judge Gina R. Mendez-Miro on 5/1/2023. (GMN)
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| Filing 46 Motion In Compliance as to 37 Order on Motion to Withdraw as Attorney,,,,, 45 Order on Motion for Reconsideration, filed by Jose Miguel Rivera-Santos on behalf of Ernesto Ruiz-Romero Responses due by 5/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 37 , 45 ) (Rivera-Santos, Jose) |
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Filing 45
ORDER noted #40 Motion for Reconsideration. Attorney Jose Miguel Rivera-Santos shall certify and inform the Court by 5/1/2023 of compliance with Court Order to provide the case file to Plaintiff re: ECF No. 37 ORDER. Notice of Compliance Deadline due by 5/1/2023. Signed by Judge Gina R. Mendez-Miro on 4/27/2023. (GMN) Modified on 4/28/2023 to edit docket text as to docket 37 as per Chamber's request. (mg).
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Filing 44
ORDER TO SHOW CAUSE: Plaintiff shall show cause by May 5, 2023, as to why the Court should not deem Defendant's Motion to Dismiss at Docket No. 41 as unopposed. Signed by Judge Gina R. Mendez-Miro on 4/20/2023.(GMN)
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Filing 43
ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Gina R. Mendez-Miro. Signed by Chief Judge Raul M. Arias-Marxuach on 03/07/2023. (gr)
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| Filing 42 CERTIFICATE OF SERVICE by Puerto Rico Department of Labor re #41 MOTION to Dismiss for Failure to State a Claim and Failure to Comply with Fed. R. Civ. P. Rule 8, (Fernandez Castaner, Rafael) |
| Filing 41 MOTION to Dismiss for Failure to State a Claim and Failure to Comply with Fed. R. Civ. P. Rule 8, filed by Rafael B. Fernandez Castaner on behalf of Puerto Rico Department of Labor Responses due by 3/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Fernandez Castaner, Rafael) |
| Filing 40 MOTION for Reconsideration filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 3/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(ab) |
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Filing 39
ORDER: noting Docket No. #38 Motion for Miscellaneous Relief (Subpoena Duces Tecum). Plaintiff Ernesto Ruiz Romero shall inform the Court by February 15, 2023 if he wishes new pro bono counsel to be appointed for him. Signed by Judge Camille L. Velez-Rive on February 1, 2023. (ASE)
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| Filing 38 MOTION for Subponea Duces Tecum filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 2/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ab) |
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Filing 37
ORDER granting #36 Motion to Withdraw as Attorney. Attorney Jose Miguel Rivera-Santos shall provide the case file to Plaintiff forthwith. Plaintiff Ruiz-Romero will represent himself as he requested through his counsel and after having been appointed three pro bono counsel. Plaintiff is informed that any further documents or correspondence he sends to the Clerk's Office must include the case number: 21-cv-1039 (CVR). All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. Plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. Deadline to file dispositive motions is set for 2/24/2023. Oppositions thereto due on 3/24/2023. The Clerk's Office shall notify this Order to pro-se Plaintiff. Signed by Judge Camille L. Velez-Rive on 01/23/2023. (cvr)
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| Filing 36 MOTION to Withdraw Attorney as to Jose Miguel Rivera-Santos filed by Jose Miguel Rivera-Santos on behalf of Ernesto Ruiz-Romero Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Santos, Jose) |
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Filing 35
ORDER. Plaintiff's appointed counsel is granted until 1/20/2023 to inform to the Court his assessment of this case and the status of Plaintiff's representation. Signed by District Judge Camille L. Velez-Rive on 12/20/2022.(cvr)
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Filing 34
ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Camille L. Velez-Rive. Signed by Chief Judge Raul M. Arias-Marxuach on 12/14/2022. (ft)
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Filing 33
ORDER: Noting #28 "Ex-Parte Motion." Signed by Judge Pedro A. Delgado-Hernandez on 11/18/2022. (FAR)
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| Filing 32 NOTICE of Appointment of Counsel of Attorney Jose Miguel Rivera-Santos for Ernesto Ruiz-Romero re 31 Order on Motion to Withdraw as Attorney. Signed by Clerk on 11/18/2022. (Attachments: #1 Notification in the Spanish language) (mcm) |
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Filing 31
ORDER: Granting #30 "Application for Relief from Order of Appointment." Attorney Rivera Lago is no longer plaintiff's record counsel. Attorney Jose Rivera Santos is hereby appointed in accordance with Local Civil Rule 83L. Signed by Judge Pedro A. Delgado-Hernandez on 11/18/2022. (FAR)
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| Filing 30 MOTION to Withdraw Attorney as to Roque Uriel Rivera-Lago filed by Roque Uriel Rivera-Lago on behalf of Ernesto Ruiz-Romero Responses due by 11/28/2022. 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 29
Order re: #28 "Informative Motion." Mr. Ruiz-Romero should refrain from filing pro se motions while he is represented by counsel. Counsel Roque Uriel Rivera-Lago shall review the pro se motion and inform the court, not later than May 10, 2022, of his assessment. Signed by Judge Pedro A. Delgado-Hernandez on 4/19/2022. (LM) Modified on 4/19/2022 to correct attorney's name (mcm).
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| Filing 28 INFORMATIVE Motion filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 5/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) Modified on 4/20/2022 to edit docket text (mcm). |
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Filing 27
CASE MANAGEMENT ORDER: See attached. Deadline for Rule 26 disclosures: September 15, 2021. Deadline to amend the pleadings and to add parties: September 15, 2021. Motion(s) to dismiss or for judgment on the pleadings: September 30, 2021. Conclusion of all discovery (including third party, factual and expert): March 2, 2022. Every 60 days, beginning on October 14, 2021, the parties shall file a Joint Motion informing the court of the status of discovery. Deadline to file motion(s) for summary judgment: April 4, 2022. Opposition(s) thereto: May 4, 2022. Replies and sur-replies will be allowed. They should be submitted without further court authorization not later than five (5) days after filing of the motion they are responding to (i.e. opposition or reply). See Instructions pertaining to documents not in the English Language and courtesy copies. Signed by Judge Pedro A. Delgado-Hernandez on 8/30/2021. (ebb)
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Filing 26
ORDER: Noting #25 "Joint Proposed Schedule." Case Management Order will follow. Signed by Judge Pedro A. Delgado-Hernandez on 8/30/2021. (ebb)
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| Filing 25 Joint Proposed Schedule filed by Roque Uriel Rivera-Lago on behalf of All Parties. Responses due by 9/13/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Lago, Roque) Modified to add filer and docket title on 8/31/2021 (mcm). |
| NOTICE of Docket Text Modification by Deputy Clerk re: #24 Proposed Motion In Compliance as to #23 Order. ***FILED IN ERROR.. Document will be re-filed.*** (mcm) |
| Filing 24 ***FILED IN ERROR. . Document will be re-filed.*** Joint Proposed Motion In Compliance as to #23 Order filed by Roque Uriel Rivera-Lago on behalf of All Plaintiffs Responses due by 9/9/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #23 ) (Rivera-Lago, Roque) Modified on 8/27/2021 (mcm). |
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Filing 23
ORDER: See attached. Joint Proposed Schedule due by 8/26/2021. Signed by Judge Pedro A. Delgado-Hernandez on 8/16/2021. (ebb)
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| Filing 22 ANSWER to #1 Complaint filed by Rafael B. Fernandez Castaner on behalf of Defendant Puerto Rico Department of Labor.(Fernandez Castaner, Rafael) |
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Filing 21
ORDER: Granting #20 "Second Request for Extension of Time to Answer or Otherwise Plead." Defendant shall answer or otherwise plead not later than August 13, 2021. Signed by Judge Pedro A. Delgado-Hernandez on 7/23/2021. (MPL)
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| Filing 20 Second MOTION for extension of time until 8/13/2021 to Answer or otherwise Plead, filed by Rafael B. Fernandez Castaner on behalf of Puerto Rico Department of Labor Responses due by 8/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez Castaner, Rafael) |
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Filing 17
ORDER: Noting and granting #16 "Notice of Appearance of New Designated Counsel and Motion Requesting Extension of Time to Answer or Otherwise Plead Pursuant Local Rule 6." Appearing defendant shall answer or otherwise plead not later than July 23, 2021. Signed by Judge Pedro A. Delgado-Hernandez on 6/23/2021. (MPL)
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| Filing 16 MOTION for Leave to Appear , MOTION for extension of time until 6/23/2021 to answer or otherwise plead, filed by Rafael B. Fernandez Castaner on behalf of Puerto Rico Department of Labor Responses due by 7/7/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez Castaner, Rafael) |
| Filing 19 SUMMONS Returned Executed by USM as to Ernesto Ruiz-Romero upon Secretary of Justice served on 5/25/2021, answer due 6/15/2021. (mcm) |
| Filing 18 SUMMONS Returned Executed by USM as to Ernesto Ruiz-Romero upon Puerto Rico Department of Labor served on 5/25/2021, answer due 6/15/2021. (mcm) |
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Filing 15
ORDER: Granting #11 "Motion to Restrict." Signed by Judge Pedro A. Delgado-Hernandez on 5/18/2021. (ebb)
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| Filing 14 NOTICE of Appointment of Counsel of Attorney Roque Uriel Rivera-Lago to represent Ernesto Ruiz-Romero re: 13 Order. Signed by Clerk on 5/18/2021. (Attachments: #1 Notification in the Spanish language) (mcm) |
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Filing 13
ORDER: Granting #12 "Ex Parte Motion Under Seal as to Application for Relief of Notice of Appointment of Counsel of May 7, 2021 at Docket No. 10." Attorney Vila-Baez is relieved from further representing plaintiff in this case. The Clerk shall appoint new pro bono counsel pursuant to 28 U.S.C. Section 1915(e) and in accordance with the procedures set forth in Local R. 83L. Signed by Judge Pedro A. Delgado-Hernandez on 5/18/2021. (MPL)
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| Filing 12 ***EX-PARTE*** MOTION for Relief of Appointment of Counsel re: #10 Order by Attorney Marta E. Vila-Baez. Responses due by 6/1/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) |
| Filing 11 MOTION to Restrict Document filed by Marta E. Vila-Baez. Responses due by 6/1/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) |
| Filing 10 NOTICE of Appointment of Counsel of Attorney Marta E. Vila-Baez to represent Ernesto Ruiz-Romero re 8 Order. Signed by Clerk on 5/7/2021. (Attachments: #1 Notification in the Spanish language) (mcm) |
| Filing 9 Summons Issued as to Puerto Rico Department of Labor through the US Marshals with copy of Order, copy of Complaint and USM 285 (ad) |
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Filing 8
ORDER: Granting #6 "Financial Affidavit in Support of Motion Requesting Appointment of Counsel." The Clerk shall appoint pro bono counsel pursuant to 28 U.S.C. Sec. 1915(e) and in accordance with the procedures set forth in Local R. 83L. Signed by Judge Pedro A. Delgado-Hernandez on 5/6/2021. (MPL)
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Filing 7
ORDER: Granting #5 "Application to Proceed in District Court Without Prepaying Fees or Costs." The U.S. Marshals Service shall serve process upon defendant accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 5/6/2021. (MPL)
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| Filing 6 **SELECTED PARTY** FINANCIAL AFFIDAVIT in Support of Motion by Ernesto Ruiz-Romero, Pro Se. (mcm) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 5/14/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) |
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Filing 4
ORDER: At Docket No. 3, plaintiff was granted until February 17, 2021, to submit the application to proceed in forma pauperis and a copy of the financial affidavit for the court's consideration. To date, he has not done so or asked for an extension to comply. He shall submit the revised application by May 6, 2021. Otherwise, he shall pay the filing fee or face dismissal. Signed by Judge Pedro A. Delgado-Hernandez on 4/19/2021. (MPL)
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Filing 3
ORDER: Denying without prejudice #2 "Application to Proceed In Forma Pauperis." In addition to the application to proceed in forma pauperis, plaintiff shall submit a financial affidavit, completed in all its parts, for the court's consideration. Plaintiff may find a copy of the corresponding affidavit at www.prd.uscourts.gov/pro-se-forms, Section "Forms/Formularios." Notice of compliance due February 17, 2021. Signed by Judge Pedro A. Delgado-Hernandez on 1/27/2021. (MPL)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ernesto Ruiz-Romero, Pro Se. Responses due by 2/9/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mcm) |
| Filing 1 COMPLAINT against Puerto Rico Department of Labor, filed by Ernesto Ruiz-Romero, Pro Se. Service due by 4/26/2021. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons) (mcm) |
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