Trigo v. Gonzalez et al

Plaintiff: Antonio N Trigo
Defendant: SAC Joseph Gonzalez, ASAC Romero-Barbosa J. Robert, Agt. Emmanuel Martinez, John Doe, Joseph Gonzalez, Robert J. Romero-Barbosa, Emmanuel Martinez and USA
Case Number: 3:2022cv01251
Filed: June 2, 2022
Court: US District Court for the District of Puerto Rico
Presiding Judge: William G Young
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
June 5, 2023 Filing 57 MANDATE of USCA as to #49 Notice of Interlocutory Appeal filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez; VOLUNTARILY DISMISSED. RE: #56 USCA JUDGMENT. (mcm)
June 5, 2023 Filing 56 USCA JUDGMENT as to #49 Notice of Interlocutory Appeal filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez; Upon consideration of appellants' unopposed motion, it is hereby ordered that this appeal be VOLUNTARILY DISMISSED pursuant to Fed. R. App. P. 42(b)(2) with each party to bear its own costs. (mcm)
May 25, 2023 Filing 55 Joint MOTION to Stay filed by Joel A. Ayala-Hernandez on behalf of All Plaintiffs Responses due by 6/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ayala-Hernandez, Joel)
May 24, 2023 Filing 54 PRIVACY ORDER. Signed by Sr. District Judge William G. Young on 5/24/2023.(EES)
May 24, 2023 Filing 53 ORDER granting #52 Motion for Protective Order Signed by Sr. District Judge William G. Young on 5/24/2023. (EES)
May 19, 2023 Filing 52 Joint MOTION for Protective Order filed by Joel A. Ayala-Hernandez on behalf of Antonio N. Trigo, Joseph Gonzalez, Robert J. Romero-Barbosa, Emmanuel Martinez and USA. Responses due by 6/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Ayala-Hernandez, Joel) Modified to add filers on 5/22/2023 (rim).
April 19, 2023 Filing 51 USCA Case Number 23-1352 for #49 Notice of Interlocutory Appeal filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez. (mcm)
April 13, 2023 Filing 50 Certified and Transmitted Record on Appeal to US Court of Appeals re #49 Notice of Interlocutory Appeal [Docket Entries 43 & 49] (mcm)
March 31, 2023 ***SEE IMAGE ON DKT #49 *** NOTICE OF INTERLOCUTORY APPEAL by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa re: #43 Minute Entry/Order. (mcm)
March 31, 2023 Filing 49 ***MODIFIED TO CORRECT EVENT*** NOTICE OF INTERLOCUTORY APPEAL by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA. NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf (Acevedo-Roman, Priscila) Modified on 4/1/2023 (mcm).
March 9, 2023 Filing 48 ORDER granting #47 Motion In Compliance Motion allowed, save that the case will be ready for trial by April 1, 2024 and a pre-trial memorandum will be filed by March 1, 2024. Signed by Judge William G. Young on 3/9/2023. (EES)
March 8, 2023 Filing 47 Joint Motion In Compliance as to 7 Scheduling Order/Case Management Order,,, filed by Joel A. Ayala-Hernandez on behalf of All Plaintiffs Responses due by 3/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 7 ) (Ayala-Hernandez, Joel)
March 2, 2023 Filing 46 Transcript of Motion Hearing Proceedings held on February 2, 2023, before Judge Honorable William G. Young. Court Reporter/Transcriber Richard Romanow (bulldog@richromanow.com). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be available electronically to the public without redaction after 90 calendar days. The policy is located at www.prd.uscourts.gov.. Redaction Request due 3/23/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/31/2023. (jg) Modified on 3/3/2023 to edit docket title text. (mg).
February 16, 2023 Filing 45 ANSWER to #1 Complaint, with Jury Demand filed by Priscila M. Acevedo-Roman on behalf of Defendants Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa.(Acevedo-Roman, Priscila)
February 2, 2023 Filing 44 TRANSCRIPT REQUEST of Hearing on Motion to Dismiss by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa for proceedings held on February 2, 2023 before Judge William G. Young.. (Acevedo-Roman, Priscila)
February 2, 2023 Filing 43 Minute Entry for proceedings held before Judge William G. Young: Hearing held on 2/2/2023 . Counsel for parties (Ayala-Hernandez, Acevedo-Roman) present. Court hears from the parties on the motion to dismiss which the Court allowed in part and denied in part as follows: Counts I and II survive only to the extent of the Fourth Amendment Search and Seizure at the plaintiff's home. The complaint is otherwise dismissed except for prospective injunctive relief claims. The motion to dismiss on the grounds of qualified immunity is denied without prejudice. (Court Reporter Romanow.) (DH) (mcm).
January 12, 2023 Filing 42 ORDER granting #40 Motion In Compliance Signed by Judge William G. Young on 1/12/2023. (EES)
January 11, 2023 Filing 41 ORDER granting #38 Motion to Continue Hearing on Motion to Dismiss. Motion Hearing reset for 2/2/2023 at 11:00 AM (10:00 AM) before Judge William G. Young. Signed by Judge William G. Young on 1/11/2023. (jg)
January 10, 2023 Filing 40 Motion In Compliance and Requesting to File Nunc Pro Tunc filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 1/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Motion to Dismiss (25 pages), #2 Exhibit Reply Brief (10 pages))(Acevedo-Roman, Priscila)
January 4, 2023 Filing 39 RESPONSE to Motion filed by Antonio N Trigo Re: #38 MOTION to Continue Hearing on Motion to Dismiss [Order at ECF No. 37] filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez filed by Antonio N Trigo. (Ayala-Hernandez, Joel)
January 4, 2023 Filing 38 MOTION to Continue Hearing on Motion to Dismiss [Order at ECF No. 37] filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa Responses due by 1/18/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Confirmation of Attendance to Residential Training (January 24-26, 2023))(Acevedo-Roman, Priscila)
January 3, 2023 Filing 37 ORDER Setting Hearing on Motion #23 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 1/26/2023 at 11:00 AM (10:00 AM EST) before Judge William G. Young. This hearing will be held by video. Zoom meeting invite to be sent to counsel of record prior to the hearing. Signed by Judge William G. Young on 1/3/2023.(jg)
December 29, 2022 Filing 36 ORDER denying #30 Motion for Leave to File Excess Pages. Signed by Judge William G. Young on 12/29/2022. (jg)
December 29, 2022 Filing 35 ORDER granting #29 Motion for Leave to File Reply to Plaintiff's Opposition to Motion to Dismiss filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Signed by Judge William G. Young on 12/29/2022. (jg)
December 29, 2022 Filing 34 ORDER finding as moot #28 Motion for Leave to File (renewed motion filed on 12/14/2022); granting #28 Motion for Extension of Time to File Response/Reply re #28 MOTION for Leave to File Document (Reply to Plaintiff's Oppositions) MOTION for Extension of Time until December 14, 2022 to File Response/Reply , #23 MOTION to Dismiss for Failure to State a Claim ( Responses due by 12/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.) Signed by Judge William G. Young on 12/29/2022. (jg)
December 29, 2022 Filing 33 ORDER The motion to dismiss will be scheduled for a prompt hearing. This motion stay will be addressed at that time. re #25 MOTION to Stay re: #23 MOTION to Dismiss for Failure to State a Claim filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA. Signed by Judge William G. Young on 12/29/2022.(EES)
December 29, 2022 Filing 32 ORDER denying #24 Motion for Leave to File Excess Pages Signed by Judge William G. Young on 12/29/2022. (EES)
December 21, 2022 Filing 31 NOTICE of Out of Office from December 23, 2022 until January 9, 2023 by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA (Acevedo-Roman, Priscila)
December 14, 2022 Filing 30 MOTION for Leave to File Excess Pages filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 12/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Acevedo-Roman, Priscila)
December 14, 2022 Filing 29 MOTION for Leave to File Document (Reply to Plaintiff's Opposition to Motion to Dismiss) filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 12/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Reply Brief)(Acevedo-Roman, Priscila)
December 1, 2022 Filing 28 MOTION for Leave to File Document (Reply to Plaintiff's Oppositions), MOTION for Extension of Time until December 14, 2022 to File Response/Reply filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 12/15/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Acevedo-Roman, Priscila)
November 28, 2022 Filing 27 RESPONSE in Opposition to Motion to stay filed by All Plaintiffs Re: #25 MOTION to Stay re: #23 MOTION to Dismiss for Failure to State a Claim filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA filed by All Plaintiffs. (Ayala-Hernandez, Joel) Modified on 11/29/2022 to edit docket title text. (mg).
November 28, 2022 Filing 26 RESPONSE in Opposition to Motion to Dismiss filed by All Plaintiffs Re: #23 MOTION to Dismiss for Failure to State a Claim filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA filed by All Plaintiffs. (Ayala-Hernandez, Joel) Modified on 11/29/2022 to edit docket title text. (mg).
November 10, 2022 Filing 25 MOTION to Stay re: #23 MOTION to Dismiss for Failure to State a Claim filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 11/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #23 ) (Acevedo-Roman, Priscila)
November 10, 2022 Filing 24 MOTION for Leave to File Excess Pages filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 11/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Acevedo-Roman, Priscila)
November 10, 2022 Filing 23 MOTION to Dismiss for Failure to State a Claim filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 11/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Notification of Seizure, #2 Exhibit Puerto Rico Weapons Act English, #3 Exhibit Puerto Rico Penal Code English, #4 Exhibit Certification of Receipt, #5 Exhibit Relinquish of Citizen Firearm, #6 Exhibit Incident Report, #7 Exhibit Certification of Scope of Employment)(Acevedo-Roman, Priscila)
October 31, 2022 Filing 22 SUMMONS Returned Executed by Antonio N Trigo upon USA served on 10/31/2022, answer due 12/30/2022. (Ayala-Hernandez, Joel)
October 31, 2022 Filing 21 ORDER re #16 Consent Motion to Set Aside Case Management Order and Requesting Order. The plaintiff shall proceed promptly to serve the Attorney General. The parties here are all fully aware of the substance of these claims. There is no occasion to modify the case management deadlines. Delay will not be tolerated. Signed by Judge William G. Young on 10/31/2022. (jg)
October 28, 2022 Filing 20 SUMMONS Issued as to USA. (Attachments: #1 Summons) (vdm)
October 28, 2022 Filing 19 ORDER granting #17 Motion for Issuance of Summons Signed by Judge William G. Young on 10/27/2022. (EES)
October 27, 2022 Filing 18 ORDER The plaintiff shall promptly, properly serve the Attorney General. All parties are familiar with the substance of these allegations so there is no need to set aside the case management deadlines. The Court will not countenance delay. Signed by Judge William G. Young on 10/27/2022. (EES)
October 24, 2022 Filing 17 MOTION for Issuance of Summons as to USA filed by Joel A. Ayala-Hernandez on behalf of All Plaintiffs Responses due by 11/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ayala-Hernandez, Joel) (Additional attachment(s) added on 10/27/2022: #1 Main Document) (jg).
September 30, 2022 Filing 16 Consent MOTION to Set Aside Case Management Order re: #15 MOTION to Set Aside re: 7 SCHEDULING ORDER/CASE MANAGEMENT ORDER: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #15 ) (Ayala-Hernandez, Joel) Modified on 10/3/2022 to edit docket text. (mg).
September 29, 2022 Filing 15 MOTION to Set Aside re: 7 SCHEDULING ORDER/CASE MANAGEMENT ORDER, MOTION requesting Order filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 10/13/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 7 ) (Acevedo-Roman, Priscila) Modified on 9/29/2022 to edit docket text (mg).
September 27, 2022 Filing 14 ORDER withdrawing #10 Motion for Reconsideration re #10 MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 60(b)(3) re 9 Order on Motion for Extension of Time to Answer, filed by Antonio N Trigo Signed by Judge William G. Young on 9/27/2022. (EES)
September 27, 2022 Filing 13 ORDER granting #12 Motion to Withdraw Document #12 MOTION to Withdraw Document re: #10 MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 60(b)(3) re 9 Order on Motion for Extension of Time to Answer, filed by Antonio N Trigo Signed by Judge William G. Young on 9/27/2022. (EES)
September 26, 2022 Filing 12 MOTION to Withdraw Document re: #10 MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 60(b)(3) re 9 Order on Motion for Extension of Time to Answer, filed by Antonio N Trigo filed by Joel A. Ayala-Hernandez on behalf of All Plaintiffs Responses due by 10/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #10 ) (Ayala-Hernandez, Joel)
September 23, 2022 Filing 11 RESPONSE to Motion filed by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Re: #10 MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 60(b)(3) re 9 Order on Motion for Extension of Time to Answer, filed by Antonio N Trigo filed by Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA. (Attachments: #1 Exhibit NAC Residential Seminar)(Acevedo-Roman, Priscila)
September 23, 2022 Filing 10 ***WITHDRAWN AS PER D.E #14 ORDER*** MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 60(b)(3) re 9 Order on Motion for Extension of Time to Answer, filed by Joel A. Ayala-Hernandez on behalf of All Plaintiffs Responses due by 10/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 9 ) (Ayala-Hernandez, Joel) Modified on 9/27/2022 (mg).
September 23, 2022 Filing 9 ORDER granting #8 UNOPPOSED MOTION for Extension of Time until November 10, 2022 to File Answer re: #1 Complaint, filed by Antonio N Trigo filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA. Answer deadline due by 11/10/2022. Signed by Judge William G. Young on 9/23/2022. (jg)
September 22, 2022 Filing 8 MOTION for Extension of Time until November 10, 2022 to File Answer (Unopposed) re: #1 Complaint, filed by Antonio N Trigo filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 10/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Acevedo-Roman, Priscila)
September 16, 2022 Filing 7 SCHEDULING ORDER/CASE MANAGEMENT ORDER:1.The case will be trial ready by November 2023 2.A joint final pre-trial memorandum will be filed by Oct. 1, 2023 3.Discovery will be completed by July 1, 2023 4.Dispositive motions will be filed by July 1, 2023 5.Preserving all parties rights, they shall, within thirty days of the date of this order, file a joint proposed case management scheduling order consistent with the above dates. The parties may agree to advance these dates but may not agree to delay them. 6.No motion for a continuance will be entertained that does not recite the above dates and explain how and why any such continuance will affect them. SO ORDERED. Signed by Judge William G. Young on 9/16/2022.(EES)
September 16, 2022 Filing 6 ORDER granting #5 Motion for Extension of Time to Answer re #5 MOTION for Extension of Time until 10/11/2022 to File Answer filed by Emmanuel Martinez, Robert J. Romero-Barbosa, Joseph Gonzalez, USA Answer deadline due by 10/11/2022. Signed by Judge William G. Young on 9/22/2022. (EES)
August 2, 2022 Filing 5 MOTION for Extension of Time until 10/11/2022 to File Answer filed by Priscila M. Acevedo-Roman on behalf of Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA Responses due by 8/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Acevedo-Roman, Priscila)
June 15, 2022 Filing 4 SUMMONS Returned Executed by All Plaintiffs upon Joseph Gonzalez served on 6/10/2022, answer due 7/1/2022; Emmanuel Martinez served on 6/10/2022, answer due 7/1/2022; Robert J. Romero-Barbosa served on 6/10/2022, answer due 7/1/2022; USA served on 6/10/2022, answer due 7/1/2022. (Ayala-Hernandez, Joel)
June 3, 2022 Filing 3 Summons Issued as to Joseph Gonzalez, Emmanuel Martinez, Robert J. Romero-Barbosa, USA (Attachments: #1 Summons) (arg)
June 3, 2022 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge William G. Young (arg)
June 2, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number APRDC-7780202.), filed by Antonio N Trigo. Service due by 8/31/2022, (Attachments: #1 Civil Cover Sheet JS044, #2 Category Sheet Category Sheet, #3 Summons Summons Joseph Gonzalez, #4 Summons Summons Robert Romero-Barbosa, #5 Summons Summons Emmanuel Martinez, #6 Summons Summons The United States)(Ayala-Hernandez, Joel)

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Plaintiff: Antonio N Trigo
Represented By: Joel A. Ayala-Hernandez
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Defendant: SAC Joseph Gonzalez
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Defendant: ASAC Romero-Barbosa J. Robert
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Defendant: Agt. Emmanuel Martinez
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Defendant: John Doe
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Defendant: Joseph Gonzalez
Represented By: Priscila M. Acevedo-Roman
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Defendant: Robert J. Romero-Barbosa
Represented By: Priscila M. Acevedo-Roman
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Defendant: Emmanuel Martinez
Represented By: Priscila M. Acevedo-Roman
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Defendant: USA
Represented By: Priscila M. Acevedo-Roman
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