Vargas-Melendez v. Emerson Puerto Rico, Inc
| Fernando Vargas-Melendez |
| Emerson Puerto Rico, Inc. |
| 3:2021cv01357 |
| August 4, 2021 |
| US District Court for the District of Puerto Rico |
| Raul M Arias-Marxuach |
| Labor: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 JUDGMENT is hereby entered REMANDING the case to the Puerto Rico Court of First Instance, Bayamon Superior Part. Signed by Judge Raul M. Arias-Marxuach on 9/21/2021. (mrr) |
Filing 19
MEMORANDUM AND ORDER: For the reasons set forth in this Memorandum and Order, the Court GRANTS Plaintiff's requests for remand at Docket Nos. #8 and #10 . The case is remanded to the Court of First Instance, Bayamon Superior Part. Judgment shall be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 9/21/2021. (mrr)
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| Filing 18 AMENDED COMPLAINT against Emerson Puerto Rico, Inc., filed by Fernando Vargas-Melendez.(Maldonado-Nieves, Roberto) |
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Filing 17
ORDER granting #16 Motion for Leave to File. Plaintiff shall file the Amended Complaint as a separate document on the docket forthwith. Signed by Judge Raul M. Arias-Marxuach on 9/17/2021. (mrr)
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| Filing 16 MOTION for Leave to File Document Amended Complaint filed by Roberto O. Maldonado-Nieves on behalf of Fernando Vargas-Melendez Responses due by 9/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Amended Complaint)(Maldonado-Nieves, Roberto) |
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Filing 15
ORDER noted #14 Motion Submitting Certified Translations. Signed by Judge Raul M. Arias-Marxuach on 9/15/2021. (mrr)
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| Filing 14 MOTION Submitting Certified translations of Exhibits filed in support of Notice of Removal re: #1 Notice of Removal, filed by Emerson Puerto Rico, Inc. filed by Natalia Marin-Catala on behalf of Emerson Puerto Rico, Inc. Responses due by 9/28/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2)(Related document(s) #1 ) (Marin-Catala, Natalia) |
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Filing 13
ORDER: Defendant shall comply with the order at Docket No. 5 and file the pending certified English translations by September 17, 2021. Failure to comply may result in the imposition of sanctions. Signed by Judge Raul M. Arias-Marxuach on 9/10/2021. (mrr)
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Filing 12
ORDER: The #7 Motion to Withdraw ADEA and Title VII claims is DENIED. Fed. R. Civ. P. 41(a) governs the voluntary dismissal of an action, not of individual claims. See Perry v. Schumacher Grp. of Louisiana, 891 F.3d 954, 958 (11th Cir. 2018) ("It is clear from the text that only an "action" may be dismissed. There is no mention in the Rule of the option to stipulate dismissal of a portion of a plaintiff's lawsuit - e.g., a particular claim - while leaving a different part of the lawsuit pending before the trial court."). Instead, "a plaintiff who wishes to eliminate some claims but not others should do so by moving to amend pursuant to Rule 15." 9 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 2362 (4th ed.). Signed by Judge Raul M. Arias-Marxuach on 9/8/2021. (mrr)
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| Filing 11 NOTICE of Appearance by Yldefonso Lopez-Morales on behalf of Emerson Puerto Rico, Inc. (Lopez-Morales, Yldefonso) |
| Filing 10 MOTION to Remand to State Court filed by Roberto O. Maldonado-Nieves on behalf of Fernando Vargas-Melendez Responses due by 9/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 9 ANSWER to Complaint filed by Natalia Marin-Catala on behalf of Defendant Emerson Puerto Rico, Inc..(Marin-Catala, Natalia) |
| Filing 8 MOTION to Remand filed by Roberto O. Maldonado-Nieves on behalf of Fernando Vargas-Melendez Responses due by 8/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
| Filing 7 MOTION to Withdraw ADEA and Title VII claims filed by Roberto O. Maldonado-Nieves on behalf of Fernando Vargas-Melendez Responses due by 8/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Maldonado-Nieves, Roberto) |
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Filing 6
ORDER granting #3 Motion for Extension of Time to Answer. Defendant shall plead or otherwise defend by September 6, 2021. Signed by Judge Raul M. Arias-Marxuach on 8/5/2021. (nat)
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Filing 5
ORDER granting #2 Motion for Leave to File Spanish language documents. Certified English translations due by September 3, 2021. Signed by Judge Raul M. Arias-Marxuach on 8/5/2021. (nat)
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| Filing 4 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Raul M. Arias-Marxuach (arg) |
| Filing 3 MOTION for Extension of Time until September 6, 2021 to File Answer to Complaint or otherwise Plead re: #1 Notice of Removal, filed by Emerson Puerto Rico, Inc. filed by Natalia Marin-Catala on behalf of Emerson Puerto Rico, Inc. Responses due by 8/18/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Marin-Catala, Natalia) |
| Filing 2 MOTION for Leave to File Spanish language documents filed by Natalia Marin-Catala on behalf of Emerson Puerto Rico, Inc. Responses due by 8/18/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Marin-Catala, Natalia) |
| Filing 1 NOTICE OF REMOVAL from Court of First Instance of the Commonwealth of Puerto Rico, Superior Court of Bayamn, case number BY2021CV02073. (Filing fee $ 402 receipt number 0104-7402118), filed by Emerson Puerto Rico, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Category Sheet Category Sheet, #4 Civil Cover Sheet Civil Cover Sheet)(Marin-Catala, Natalia) |
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| Plaintiff: Fernando Vargas-Melendez | |
| Represented By: | Roberto O. Maldonado-Nieves |
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| Defendant: Emerson Puerto Rico, Inc. | |
| Represented By: | Natalia Marin-Catala |
| Represented By: | Yldefonso Lopez-Morales |
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