Betancourt-Colon v. Caparra Center Associates, LLC et al
| Faustino Xavier Betancourt-Colon |
| Caparra Center Associates, LLC, Argentina Grill Inc., VRJT, Inc., Caribbean Restaurants, LLC, Walgreen of Puerto Rico, Inc., Me Salve, Inc., Kress Stores of Puerto Rico, Inc., Roma Limited, Inc., PRWireless PR, LLC, Humberto Vidal, Inc., New York Department Stores de Puerto Rico, Inc., Banco Popular de Puerto Rico, International Restaurant Services, Inc., Game Zone, Inc., Sweet Ann Cake, Inc., Caribbean Cinemas of San Patricio, Inc., Office Depot Puerto Rico, LLC and OfficeMax Puerto Rico, Inc. |
| 3:2022cv01283 |
| June 16, 2022 |
| US District Court for the District of Puerto Rico |
| Silvia L Carreno-Coll |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act (ADA) |
| None |
Docket Report
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| Filing 39 TRANSMITTAL Letter to the District Bayamon forwarding by Certified Mail #7015-0920-0000-2290-2289 -Certified copies of Opinion and Order re Transfer, Judgment and Docket Sheet of case record attached. (ecc) (Additional attachment(s) added on 7/20/2022: #1 Certified Mail Receipt) (ecc). (Additional attachment(s) added on 7/26/2022: #2 Certified Mail Receipt) (ecc). |
| Filing 38 JUDGMENT: Case remanded to the Commonwealth of Puerto Rico's Court of First Instance, Superior Court of Bayamon. Signed by Judge Silvia L. Carreno-Coll on 7/19/2022. (mcv) |
Filing 37
ORDER: Finding as moot #29 Motion to Withdraw as Attorney; #2 Motion for Extension of Time to File; #9 Motion for Joinder; #10 Motion for Leave to File Spanish language documents; #11 Motion for Extension of Time; #12 Motion to Dismiss for Failure to State a Claim; #14 Motion for Joinder; #15 Motion for Leave to File Spanish language documents; #16 Motion for Extension of Time to Answer; #17 Motion for Leave to Appear; #18 Motion for Extension of Time to Answer; #19 Motion for Joinder; #20 Motion for Joinder; and #22 Motion for Extension of Time to Answer, in view of the Court's Opinion and Order at Docket No. #36 . Signed by Judge Silvia L. Carreno-Coll on 07/18/2022. (MRB)
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Filing 36
OPINION AND ORDER: Granting in part and Denying in part #7 Motion to Remand to State Court. See attached. The Court hereby GRANTS the request to remand this case to state court, but DENIES the request for costs and/or attorney's fees. The Clerk of Court shall mail a certified copy of this Opinion and Order to the Commonwealth of Puerto Rico's Court of First Instance, Superior Court of Bayamon. Judgment to be entered accordingly. Signed by Judge Silvia L. Carreno-Coll on 07/18/2022. (MRB)
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Filing 35
ORDER: Noted #33 Motion In Compliance. Signed by Judge Silvia L. Carreno-Coll on 07/18/2022. (MRB)
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Filing 34
ORDER: Noted #25 Supplemental Motion. Signed by Judge Silvia L. Carreno-Coll on 07/18/2022. (MRB)
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| Filing 33 Motion In Compliance as to #26 Order to Show Cause, filed by Eduardo Luis Hernandez-Freire on behalf of Caparra Center Associates, LLC Responses due by 7/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #26 ) (Hernandez-Freire, Eduardo) |
| Filing 32 NOTICE of Appearance by Eduardo Luis Hernandez-Freire on behalf of Caparra Center Associates, LLC (Hernandez-Freire, Eduardo) |
| Filing 31 NOTICE of Appearance filed by Iraida Diez-Lozana on behalf of PRWireless PR, LLC . (Diez-Lozana, Iraida) Modified on 7/14/2022 to change event. Document is not a motion.(gav). |
| Filing 30 NOTICE of Appearance by Isabel Torres-Sastre on behalf of PRWireless PR, LLC (Torres-Sastre, Isabel) |
| Filing 29 MOTION to Withdraw Attorney filed by Nayda I. Perez-Roman on behalf of PRWireless PR, LLC Responses due by 7/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Roman, Nayda) Modified on 7/13/2022 to edit text (gav). Modified to reinstate on 7/18/2022 (idg). |
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Filing 28
ORDER noted #27 Motion submitting certified English translations filed by Caparra Center Associates, LLC. Signed by Judge Silvia L. Carreno-Coll on 7/11/2022. (Carreno-Coll, Silvia)
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| Filing 27 MOTION Submitting Certified English Translations filed by Alfredo Fernandez-Martinez on behalf of Caparra Center Associates, LLC Responses due by 7/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Certified Translation of Complaint, #2 Exhibit Certified Translation of Summons)(Fernandez-Martinez, Alfredo) |
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Filing 26
ORDER TO SHOW CAUSE: By 7/15/2022, Defendant Caparra Center shall Show Cause as to why this Court should not remand the instant action. Until then, all pending motions are HELD IN ABEYANCE. Signed by Judge Silvia L. Carreno-Coll on 7/7/2022. (mcv) (ecc). Modified on 7/7/2022 to add pdf inadvertently omitted (ecc).
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| Filing 25 Supplemental Motion re: #7 MOTION to Remand to State Court filed by Jose Carlos Velez-Colon on behalf of Faustino Xavier Betancourt-Colon Responses due by 7/20/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #7 ) (Velez-Colon, Jose) Modified to reinstate on 7/18/2022 (idg). |
| Filing 24 RESPONSE to Motion filed by Faustino Xavier Betancourt-Colon Re: #12 MOTION to Dismiss for Failure to State a Claim Motion Restating Motion to Dismiss filed by Caribbean Restaurants, LLC filed by Faustino Xavier Betancourt-Colon. (Velez-Colon, Jose) |
| Filing 23 NOTICE of Appearance by Carlos R. Baralt-Suarez on behalf of Caparra Center Associates, LLC (Baralt-Suarez, Carlos) |
| Filing 22 MOTION for Extension of Time to File Answer Special Notice of Appearance And Motion Requesting Extension of Time To Answer Or Otherwise Plead filed by Antonio L. Roig-Lorenzo on behalf of VRJT, Inc. Responses due by 7/8/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Roig-Lorenzo, Antonio) Modified on 6/27/2022 to edit letter-casing in DE title (ecc). Modified to reinstate on 7/18/2022 (idg). |
| Filing 21 NOTICE of Appearance by Fernando J. Gierbolini-Gonzalez on behalf of Argentina Grill Inc. (Gierbolini-Gonzalez, Fernando) |
| Filing 20 MOTION for Joinder Re: #1 Notice of Removal, filed by Caparra Center Associates, LLC filed by Jeannette M. Lopez on behalf of International Restaurant Services, Inc. Responses due by 7/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Lopez, Jeannette) Modified to reinstate on 7/18/2022 (idg). |
| Filing 19 MOTION for Joinder and MOTION for Extension of Time until July 22, 2022, to answer the Complaint or otherwise plead. filed by Carlos A. Vazquez-Alberty on behalf of Walgreen of Puerto Rico, Inc. Responses due by 7/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Vazquez-Alberty, Carlos) Modified on 6/24/2022 to add to DE title extension of time (ecc). Modified to reinstate on 7/18/2022 (idg). |
| Filing 18 MOTION for Extension of Time until July 26, 2022 to File Answer and/or Other Responsive Pleading filed by Jeannette M. Lopez on behalf of International Restaurant Services, Inc. Responses due by 7/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) Modified to reinstate on 7/18/2022 (idg). |
| Filing 17 MOTION for Leave to Appear filed by Jeannette M. Lopez on behalf of International Restaurant Services, Inc. Responses due by 7/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez, Jeannette) Modified to reinstate on 7/18/2022 (idg). |
| Filing 16 MOTION for Extension of Time until July 25, 2022 to File Answer or Otherwise Plead filed by Alfredo Fernandez-Martinez on behalf of Caparra Center Associates, LLC Responses due by 7/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez-Martinez, Alfredo) Modified to reinstate on 7/18/2022 (idg). |
| Filing 15 MOTION for Leave to File Spanish language documents at Docket 14-1, MOTION for Extension of Time until July 7, 2022 to file certified translation filed by Eduardo J. Cobian-Roig on behalf of Caribbean Cinemas of San Patricio, Inc. Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cobian-Roig, Eduardo) Modified to reinstate on 7/18/2022 (idg). |
| Filing 14 MOTION for Joinder Re: #1 Notice of Removal, filed by Caparra Center Associates, LLC, MOTION for Extension of Time until July 22, 2022 to File Answer or otherwise plead filed by Eduardo J. Cobian-Roig on behalf of Caribbean Cinemas of San Patricio, Inc. Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Summons in Court of First Instance Case)(Related document(s) #1 ) (Cobian-Roig, Eduardo) Modified to reinstate on 7/18/2022 (idg). |
| Filing 13 NOTICE of Appearance by Eduardo J. Cobian-Roig on behalf of Caribbean Cinemas of San Patricio, Inc. (Cobian-Roig, Eduardo) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim Motion Restating Motion to Dismiss filed by German J. Brau-Ramirez on behalf of Caribbean Restaurants, LLC Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Brau-Ramirez, German) Modified to reinstate on 7/18/2022 (idg). |
| Filing 11 NOTICE of Appearance and MOTION for Extension of Time until July 22, 2022 by Nayda I. Perez-Roman on behalf of PR Wireless PR, LLC (Perez-Roman, Nayda) Modified on 6/23/2022 to add Motion (ecc). Modified to reinstate on 7/18/2022 (idg). |
| Filing 10 MOTION for Leave to File Spanish language documents , MOTION for Extension of Time until 07/22/22 to file Certified Translation filed by Gabriel A. Quintero-O'Neill on behalf of New York Department Stores de Puerto Rico, Inc. Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Quintero-O'Neill, Gabriel) Modified to reinstate on 7/18/2022 (idg). |
| Filing 9 MOTION for Joinder and Consent Re: #1 Notice of Removal, filed by Caparra Center Associates, LLC, MOTION for Extension of Time to File Answer to the Complaint filed by Gabriel A. Quintero-O'Neill on behalf of New York Department Stores de Puerto Rico, Inc. Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Summon)(Related document(s) #1 ) (Quintero-O'Neill, Gabriel) Modified to reinstate on 7/18/2022 (idg). |
| Filing 8 RESPONSE to Motion Opposition to Motion to Remand filed by Caparra Center Associates, LLC Re: #7 MOTION to Remand to State Court filed by Faustino Xavier Betancourt-Colon filed by Caparra Center Associates, LLC. (Fernandez-Martinez, Alfredo) |
| Filing 7 MOTION to Remand to State Court filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs Responses due by 7/5/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) Modified to reinstate on 7/18/2022 (idg). |
| Filing 6 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Silvia L. Carreno-Coll. (vdm) |
| Filing 5 NOTICE of Filing Exhibits Civil Cover Sheet and Category Sheet re #1 Notice of Removal, filed by Caparra Center Associates, LLC (Attachments: #1 Category Sheet) (Fernandez-Martinez, Alfredo) |
| Filing 4 CLERK'S NOTICE OF DEFECTIVE FILING. Civil Cover Sheet (JS44) and Category sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 6/21/2022. (vdm) |
| Filing 3 NOTICE of Appearance by Jose Carlos Velez-Colon on behalf of All Plaintiffs (Velez-Colon, Jose) |
| Filing 2 MOTION for Extension of Time until July 16, 2022 to file Certified English Translations filed by Alfredo Fernandez-Martinez on behalf of Caparra Center Associates, LLC Responses due by 6/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez-Martinez, Alfredo) Modified to reinstate on 7/18/2022 (idg). |
| Filing 1 NOTICE OF REMOVAL from Court of First Instance, Superior Court of Bayamon, case number BY2022CV02242. (Filing fee $ 402 receipt number APRDC-7799306), filed by Caparra Center Associates, LLC. (Attachments: #1 Exhibit Exhibit I - Complaint, #2 Errata Exhibit II - Summons served on Caparra Center)(Fernandez-Martinez, Alfredo) |
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