Hernandez-Silva v. Instituto Modelo de Ensenanza Individualizada, Inc.
Plaintiff: Alba Hernandez-Silva
Defendant: Instituto Modelo de Ensenanza Individualizada, Inc. and Colegio IMEI
Case Number: 3:2022cv01484
Filed: October 12, 2022
Court: US District Court for the District of Puerto Rico
Presiding Judge: Aida M Delgado-Colon
Referring Judge: Giselle Lopez-Soler
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1401 Education: Handicapped Child Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2022 Opinion or Order Filing Fee Received $ 32.00, receipt number 102705. (Re. CD Request / Dkt: #25 ) (arg)
October 26, 2022 Opinion or Order Filing 25 CD/TAPE REQUEST by Instituto Modelo de Ensenanza Individualizada, Inc. for proceedings held on 10-19-2022 before Judge Giselle Lopez Soler.. (Ramos-Martinez, Francisco)
October 26, 2022 Opinion or Order Filing 24 ORDER granting in part and denying in part #23 Motion to Amend/Correct. Parties to file CD/TAPE Order form to request the audio recording of the hearing (Form AO 436). Signed by US Magistrate Judge Giselle Lopez-Soler on 10/26/2022. (SG)
October 25, 2022 Opinion or Order Filing 23 MOTION to Amend/Correct Minutes of Hearing filed by Roberto Lefranc-Morales on behalf of Instituto Modelo de Ensenanza Individualizada, Inc. Responses due by 11/8/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lefranc-Morales, Roberto)
October 21, 2022 Opinion or Order Filing 26 JUDGMENT. #21 Notice of Voluntary Dismissal filed by Alba Hernandez-Silva: Granted and So Ordered. The case is hereby dismissed without prejudice. All pending motions are deemed MOOT. Signed by Deputy Clerk on 10/21/2022. (gyr)
October 21, 2022 Opinion or Order Filing 22 ORDER re #21 Notice of Voluntary Dismissal filed by Alba Hernandez-Silva. Granted and So Ordered. All pending motions are deemed MOOT. Clerk of Court will enter judgment. Signed by Judge Aida M. Delgado-Colon on 10/21/2022.(wm)
October 20, 2022 Opinion or Order Filing 21 NOTICE of Voluntary Dismissal without prejudice as part of agreement by Alba Hernandez-Silva (Lamela-Gandia, Atabey)
October 19, 2022 Opinion or Order Filing 20 Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Evidentiary Hearing held on 10/19/2022. (SG)
October 19, 2022 Opinion or Order Filing 19 MOTION to Dismiss/Lack of Jurisdiction as to Instituto Modelo de Ensenanza Individualizada, Inc. filed by Francisco Ramos-Martinez on behalf of Instituto Modelo de Ensenanza Individualizada, Inc. Responses due by 11/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Martinez, Francisco)
October 19, 2022 Opinion or Order Filing 18 NOTICE of Appearance by Francisco Ramos-Martinez on behalf of Instituto Modelo de Ensenanza Individualizada, Inc. (Ramos-Martinez, Francisco)
October 19, 2022 Opinion or Order Filing 17 NOTICE of Appearance by Roberto Lefranc-Morales on behalf of Instituto Modelo de Ensenanza Individualizada, Inc. (Lefranc-Morales, Roberto)
October 18, 2022 Opinion or Order Filing 16 ORDER: Evidentiary Hearing set for 10/19/2022 at 1:30 PM will be held in Courtroom 11 before US Magistrate Judge Giselle Lopez-Soler. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/18/2022. (rom)
October 17, 2022 Opinion or Order Filing 15 ***RESTRICTED*** SUBPOENA Returned Executed on 10/17/2022 (Attachments: #1 Exhibit Serviced subpoena on 10/17/2022) (Lamela-Gandia, Atabey)
October 17, 2022 Opinion or Order Filing 14 ORDER granting #13 Motion for Leave to File. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/17/2022. (SG)
October 17, 2022 Opinion or Order Filing 13 **CASE PARTICIPANTS** MOTION for Leave to File Document Certified Translations to the Exhibits attached to the Verified Complaint 4-2 through 4-6 filed by Atabey Y. Lamela-Gandia on behalf of Alba Hernandez-Silva Responses due by 10/31/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Certified Translations for Doc 4, Exhibits 4-2 through 4-5, #2 Exhibit Certified Translations for Doc 4, Exhibit 4-6- restricted view parties only)(Lamela-Gandia, Atabey)
October 15, 2022 Opinion or Order Filing 12 Proposed Pretrial Order for preliminary injunction by Alba Hernandez-Silva. (Lamela-Gandia, Atabey)
October 14, 2022 Opinion or Order Filing 11 ORDER re #1 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order to Colegio IMEI filed by Alba Hernandez-Silva. A hearing on Plaintiff's request for a preliminary injunction is scheduled for October 19, 2022 at 1:30 p.m. in Courtroom 5. Plaintiff is ORDERED to notify Defendants of this order within the next two (2) days. Signed by US Magistrate Judge Giselle Lopez-Soler on October 14, 2022. (Lopez-Soler, Giselle)
October 14, 2022 Opinion or Order Filing 10 OPINION AND ORDER re #1 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order to Colegio IMEI filed by Alba Hernandez-Silva. The TRO request at ECF No. 1 is Denied. In light of the fact that the undersigned will preside over a criminal jury trial, Crim. No. 22-076(ADC), starting on October 17, 2022, and that plaintiff submitted a certificate of service, the matter and all pending and subsequent motions related to the TRO and the preliminary injunction is referred to United States Magistrate Judge Giselle Lopez-Soler for the scheduling of a preliminary injunction hearing and for the issuance of a Report and Recommendation on pending matters. Fed. R. Civ. P. 72; L. Civ. R.72. Plaintiff is ordered to give notice of this order to defendant within 2 days. Signed by Judge Aida M. Delgado-Colon on 10/14/2022.(wm)
October 13, 2022 Opinion or Order Filing 9 CERTIFICATE OF SERVICE by Alba Hernandez-Silva (Attachments: #1 Summons Served Summons to Colegio IMEI_10_13_2022) (Lamela-Gandia, Atabey)
October 13, 2022 Opinion or Order Filing 8 Summons Issued as to Instituto Modelo de Ensenanza Individualizada, Inc. (Attachments: #1 Summons) (arg)
October 13, 2022 Opinion or Order Filing 7 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Aida M. Delgado-Colon. (Filing Fee $402.00, Receipt Number APRDC-7947212) (arg)
October 12, 2022 Opinion or Order Filing 6 MOTION for Leave to File Spanish language documents and certified translation on a later date filed by Atabey Y. Lamela-Gandia on behalf of Alba Hernandez-Silva Responses due by 10/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lamela-Gandia, Atabey)
October 12, 2022 Opinion or Order Filing 5 Emergency MOTION to Restrict Document Exhibit 6 attached to the Verified Complaint filed by Atabey Y. Lamela-Gandia on behalf of Alba Hernandez-Silva Responses due by 10/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lamela-Gandia, Atabey)
October 12, 2022 Opinion or Order Filing 4 COMPLAINT against Instituto Modelo de Ensenanza Individualizada Inc a/k/a Colegio IMEI against Alba Hernandez Silva, filed by Alba Hernandez Silva. Service due by 1/10/2023, (Attachments: #1 Affidavit Verified Complaint Sworn Affidavit, #2 Exhibit IMEI amended policy, #3 Exhibit IMEI letter 21 sept 2022, #4 Exhibit IMEI letter 23 sept 2022, #5 Exhibit IMEI letter final det 27 sept 2022, #6 Exhibit MAPH Medical Certifications)(Lamela-Gandia, Atabey)
October 12, 2022 Opinion or Order Filing 3 AMENDED DOCUMENT by Alba Hernandez Silva. as part of verified complaint. (Attachments: #1 Category Sheet category sheet, #2 Civil Cover Sheet civil cover sheet js44) (Lamela-Gandia, Atabey)
October 12, 2022 Opinion or Order Filing 2 NOTICE of Filing Exhibits Summons as to Instituto Modelo de Enseanza Individualizada, Inc. filed by Atabey Y. Lamela-Gandia on behalf of Alba Hernandez Silva Responses due by 10/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lamela-Gandia, Atabey) Modified on 10/12/2022 to edit title (mcm).
October 12, 2022 Opinion or Order Filing 1 Emergency MOTION for Preliminary Injunction , Emergency MOTION for Temporary Restraining Order to Colegio IMEI filed by Atabey Y. Lamela-Gandia on behalf of Alba Hernandez Silva Responses due by 10/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lamela-Gandia, Atabey)

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Defendant: Instituto Modelo de Ensenanza Individualizada, Inc.
Represented By: Francisco Ramos-Martinez
Represented By: Roberto Lefranc-Morales
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Defendant: Colegio IMEI
Represented By: Roberto Lefranc-Morales
Represented By: Francisco Ramos-Martinez
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Plaintiff: Alba Hernandez-Silva
Represented By: Atabey Y. Lamela-Gandia
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