Hernandez-Ocana et al v. Department of Justice Commonwealth of PR et al
Plaintiff: Manuel G Hernandez-Ocaa, Milagros Rosado-Diaz and Manuel G. Hernandez-Ocana
Defendant: Department of Justic Commonwealth of PR, Secretary Domingo Emmanuelli, Supervisor Ada N Pagan-Rosa, Department of Justice Commonwealth of PR and Supervisor Ada N. Pagan-Rosa
Case Number: 3:2022cv01498
Filed: October 17, 2022
Court: US District Court for the District of Puerto Rico
Presiding Judge: Pedro A Delgado-Hernandez
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 42 ORDER: Noting #41 "Plaintiff's Rule 26(a)(1) Initial Disclosure." Moving forward, the parties need not inform the court of exchanges of written discovery. Signed by Judge Pedro A. Delgado-Hernandez on 6/15/2023. (AEM)
June 9, 2023 Filing 41 MOTION for Disclosure Plaintiff's Rule 26(a) filed by Marcos Valls-Sanchez on behalf of All Plaintiffs Responses due by 6/23/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Valls-Sanchez, Marcos)
June 7, 2023 Filing 40 ANSWER to #1 Complaint, filed by Diana Itzel Perez on behalf of Defendants Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa.(Perez, Diana)
May 30, 2023 Opinion or Order Filing 39 ORDER: Noting #38 "Motion in Compliance with Court Order (Docket No. 35)." Signed by Judge Pedro A. Delgado-Hernandez on 5/30/2023. (AEM)
May 30, 2023 Filing 38 Motion In Compliance with Court Order (Docket No. 35) as to #35 Scheduling Order/Case Management Order,,, filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 6/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #35 ) (Perez, Diana)
May 26, 2023 Opinion or Order Filing 37 ORDER: Granting #36 "Request for Extension of Time to File Answer to Complaint." Answer to complaint due June 7, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 5/26/2023. (AEM)
May 26, 2023 Filing 36 MOTION for Extension of Time until June 7, 2023 to File Answer to Complaint filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 6/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
May 24, 2023 Opinion or Order Filing 35 AMENDED CASE MANAGEMENT ORDER: See attached. Deadline to answer the complaint: May 26, 2023. Deadline to inform the court whether the parties consent to the trial jurisdiction of a U.S. Magistrate Judge: May 30, 2023. Deadline for Rule 26 Initial Disclosures: June 9, 2023. Conclusion of all discovery (including third party, factual and expert): November 9, 2023. Deadline to file motion(s) for summary judgment: December 9, 2023. Opposition(s) thereto: January 9, 2024. Replies and sur-replies will be allowed. They should be submitted without further court authorization not later than seven (7) 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 5/24/2023. (AEM)
May 12, 2023 Opinion or Order Filing 34 ORDER: Noting #30 "Motion Submitting Certified English Translation." Signed by Judge Pedro A. Delgado-Hernandez on 5/12/2023. (AEM)
May 12, 2023 Opinion or Order Filing 33 CASE MANAGEMENT ORDER: See attached. Deadline to answer the complaint: May 26, 2023. Deadline to inform the court whether the parties consent to the trial jurisdiction of a U.S. Magistrate Judge: May 30, 2023. Deadline for Rule 26 Initial Disclosures: June 9, 2023. Conclusion of all discovery (including third party, factual and expert): November 9, 2023. Deadline to file motion(s) for summary judgment: December 9, 2023. Opposition(s) thereto: January 9, 2023. Replies and sur-replies will be allowed. They should be submitted without further court authorization not later than seven (7) 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 5/12/2023. (AEM)
May 12, 2023 Filing 32 PARTIAL JUDGMENT: See attached. Signed by Judge Pedro A. Delgado-Hernandez on 5/12/2023. (AEM)
May 12, 2023 Opinion or Order Filing 31 ORDER re: #16 "Motion to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6)." After careful review of the parties' submissions, all things considered, the allegations in the complaint do not make this a case suitable for dismissal under Fed. R. Civ. P. 12(b)(6). Notwithstanding, the claims for individual liability against Domingo Emmanuelli Hernandez and Ada Pagan Rosa are dismissed. Thus, the motion at Docket No. 16 is GRANTED IN PART and DENIED IN PART. Partial judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 5/12/2023. (AEM)
March 6, 2023 Filing 30 MOTION Submitting Certified English Translation filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 3/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Cert. English Translation Docket No. 16-3)(Perez, Diana)
March 1, 2023 Filing 29 REPLY to Motion in Opposition to Motion to Dismiss filed by Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Re: #16 MOTION to Dismiss for Failure to State a Claim filed by Department of Justice Commonwealth of PR, Ada N. Pagan-Rosa, Domingo Emmanuelli filed by Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa. (Perez, Diana)
February 28, 2023 Opinion or Order Filing 28 ORDER: Noting and granting #27 "Second Request for Extension of Time to File Certified English Translation." Translation due March 29, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 2/28/2023. (AEM)
February 27, 2023 Filing 27 Second MOTION for extension of time until March 29, 2023 to Certified English Translation of Court of Appeals Ruling filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 3/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
February 23, 2023 Opinion or Order Filing 26 ORDER: Granting #25 "Request for Extension of Time to File Reply to Opposition to Motion to Dismiss." Reply due March 1, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 2/23/2023. (AEM)
February 22, 2023 Filing 25 MOTION for Extension of Time until March 1, 2023 to File Response/Reply filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 3/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
February 15, 2023 Filing 24 MEMORANDUM in Opposition to Motion to Dismiss filed by All Plaintiffs Re: #16 MOTION to Dismiss for Failure to State a Claim filed by Department of Justice Commonwealth of PR, Ada N. Pagan-Rosa, Domingo Emmanuelli filed by All Plaintiffs. (Valls-Sanchez, Marcos)
February 10, 2023 Opinion or Order Filing 23 ORDER: Noting and granting #20 "Informative Motion and Request for Extension of Time to File Reply." Reply due February 22, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 2/10/2023. (AEM)
February 10, 2023 Opinion or Order Filing 22 ORDER: Granting #21 "Motion Requesting Extension of Time to File Opposition to Motion to Dismiss." Response due February 15, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 2/10/2023. (AEM)
February 10, 2023 Filing 21 MOTION for extension of time until February 15, 2023 to file Opposition to Motion to Dismiss filed by Marcos Valls-Sanchez on behalf of All Plaintiffs Responses due by 2/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Valls-Sanchez, Marcos)
February 8, 2023 Filing 20 INFORMATIVE Motion regarding sick leaveFebruary 22, 2023, MOTION for extension of time until sick leaveFebruary 22, 2023 to Reply filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 2/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
January 30, 2023 Opinion or Order Filing 19 ORDER re: #16 "Motion to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12 (B)(6)." Plaintiff may respond not later than February 9, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 1/30/2023. (AEM)
January 30, 2023 Opinion or Order Filing 18 ORDER: Granting #17 "Motion for Leave to File Spanish Language Documents and Request for Extension of Time." Translation due February 27, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 1/30/2023. (AEM)
January 26, 2023 Filing 17 MOTION for Leave to File Spanish language documents , MOTION for extension of time until February 27, 2023 to submit certified English translation filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 2/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
January 26, 2023 Filing 16 MOTION to Dismiss for Failure to State a Claim filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 2/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit FOIA Response Letter, #2 Exhibit EEOC Charge Num. 515-2022-00163, #3 Exhibit Hernandez-Ocana v. Commonwealth of P.R. KLAN202100285)(Perez, Diana)
January 17, 2023 Opinion or Order Filing 15 ORDER: Granting #14 "Final Request for Extension of Time to File Answer or Otherwise Plead." Defendants shall jointly answer the complaint or otherwise plead not later than January 26, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 1/17/2023. (AEM)
January 16, 2023 Filing 14 Final MOTION for Extension of Time until January 26, 2023 to File Answer or Otherwise Plead filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 1/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
December 28, 2022 Opinion or Order Filing 13 ORDER: Granting #12 "Second Request for Extension of Time to File Answer or Otherwise Plead." Defendants shall jointly answer the complaint or otherwise plead not later than January 16, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 12/28/2022. (AEM)
December 27, 2022 Filing 12 Second MOTION for Extension of Time until January 16, 2023 to File Answer or Otherwise Plead filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa Responses due by 1/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
December 2, 2022 Opinion or Order Filing 11 ORDER: Noting #10 "Motion Informing Serving of Summons." Signed by Judge Pedro A. Delgado-Hernandez on 12/2/2022. (AEM)
December 2, 2022 Filing 10 SUMMONS Returned Executed by Plaintiff upon Ada Pagan served on 117/20/22, answer due 11/28/2022; Domingo Emmanuelli served on 11/7/2022, answer due 11/28/2022;; Department of Justice served on 11/7/2022, answer due 11/28/2022 . (Attachments: #1 Summons Ada Pagan, #2 Summons Domingo Emmanuelli, #3 Summons Department of Justice)(Valls-Sanchez, Marcos) Modified on 12/2/2022 to correct event title and add service date (mcm).
December 1, 2022 Opinion or Order Filing 9 ORDER: Noting and granting #8 "Special Notice of Appearance and Request for Extension of Time." Defendant shall answer the complaint or otherwise plead not later than January 16, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 12/1/2022. (AEM)
December 1, 2022 Filing 8 MOTION for extension of time until January 16, 2023 to file answer or otherwise plead filed by Diana Itzel Perez on behalf of Ada N. Pagan-Rosa Responses due by 12/15/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana)
November 28, 2022 Opinion or Order Filing 7 ORDER: Noting and granting #6 "Notice of Appearance and Request for Extension of Time to File Answer or Otherwise Plead." Defendants shall answer the complaint or otherwise plead not later than December 28, 2022. Signed by Judge Pedro A. Delgado-Hernandez on 11/28/2022. (AEM)
November 28, 2022 Filing 6 NOTICE of Appearance and MOTION for Extension of Time until December 28, 2022 to File Answer or Otherwise Plead filed by Diana Itzel Perez on behalf of Department of Justice Commonwealth of PR, Domingo Emmanuelli Responses due by 12/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez, Diana) Modified on 11/29/2022 to edit docket title (mcm).
November 4, 2022 Filing 5 SUMMONS Issued as to Department of Justice Commonwealth of PR, Domingo Emmanuelli, Ada N. Pagan-Rosa. (Attachments: #1 Summons) (vdm)
November 3, 2022 Opinion or Order Filing 4 ORDER: Granting #3 "Motion Requesting Issue Issuance." Signed by Judge Pedro A. Delgado-Hernandez on 11/3/2022. (AEM)
November 3, 2022 Filing 3 MOTION for Issuance of Summons as to All Defendants filed by Marcos Valls-Sanchez on behalf of All Plaintiffs Responses due by 11/17/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons Department of Justice of PR, #2 Summons Domingo Emmanuelli, #3 Category Sheet Ada Pagan)(Valls-Sanchez, Marcos)
October 18, 2022 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg)
October 17, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number APRDC-7953515.), filed by Manuel G Hernandez-Ocaa. Service due by 1/17/2023, (Attachments: #1 Civil Cover Sheet civil cover, #2 Category Sheet category sheet)(Valls-Sanchez, Marcos)

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Search for this case: Hernandez-Ocana et al v. Department of Justice Commonwealth of PR et al
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Plaintiff: Manuel G Hernandez-Ocaa
Represented By: Marcos Valls-Sanchez
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Plaintiff: Milagros Rosado-Diaz
Represented By: Marcos Valls-Sanchez
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Plaintiff: Manuel G. Hernandez-Ocana
Represented By: Marcos Valls-Sanchez
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Defendant: Department of Justic Commonwealth of PR
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Defendant: Secretary Domingo Emmanuelli
Represented By: Diana Itzel Perez
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Defendant: Supervisor Ada N Pagan-Rosa
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Defendant: Department of Justice Commonwealth of PR
Represented By: Diana Itzel Perez
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Defendant: Supervisor Ada N. Pagan-Rosa
Represented By: Diana Itzel Perez
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