Perez-Arritola et al v. Garcia-Muniz et al
David J. Perez-Arritola and Puerto Rico Housing Financing Authority |
Carlos L. Garca-Muniz, Carmen A. Sola-Morales, Individual Account for Mr. Carlos L. Garca Muiz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, Garca-Sola Muniz Conjugal Property Partnership, MAC Development Corp., Miguel A. Ramos-Lozada, Maria M. Hernandez-Solivan, Ramos-Hernndez Conjugal Partnership, De Diego Village LLC, De Diego Village Holding Inc., Plaza De Diego, S.E., United States Department of Housing and Urban Development, John Doe, Richard Doe, ABC Company, ABC Insurance Company, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, Garcia -Sola Conjugal Property Partnership and Ramos-Hernandez Conjugal Partnership |
3:2022cv01507 |
October 20, 2022 |
US District Court for the District of Puerto Rico |
Maria Antongiorgi-Jordan |
Silvia L Carreno-Coll |
Other Fraud |
28 U.S.C. § 1442 Notice of Removal |
Plaintiff |
Docket Report
This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 39 TRANSMITTAL Letter to Puerto Rico Court of First Instance, San Juan Superior Court forwarding certified copies of Order of Transfer, Docket Sheet with case record attached. (mcm) |
Filing 38 OPINION AND ORDER granting #36 Motion to Remand. This action is REMANDED to the Puerto Rico Court of First Instance, San Juan Superior Court, for further proceedings. All other pending motions are MOOT. Signed by Judge Maria Antongiorgi-Jordan on 03/27/2023. (AMA) |
Filing 37 ORDER noting: #21 Motion Submitting Certified Translation; noting and granting: #22 Motion for Leave to File Document; finding as moot: #26 Motion for Leave to File Document; finding as moot: #27 Second Motion for Extension of Time; noting: #30 Motion for Joinder. Signed by Judge Maria Antongiorgi-Jordan on 01/30/2023. (ao) |
Filing 36 MOTION to Remand Pursuant to 28 USC 1367 filed by Leticia Maria Casalduc-Rabell on behalf of Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, Carmen A. Sola-Morales Responses due by 2/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
Filing 35 ORDER noting and granting: #34 Informative Motion. Signed by Judge Maria Antongiorgi-Jordan on 01/24/2023. (ao) |
Filing 34 INFORMATIVE Motion regarding Vacation in February filed by Leticia Maria Casalduc-Rabell on behalf of Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, Carmen A. Sola-Morales Responses due by 2/6/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
Filing 33 ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Maria Antongiorgi-Jordan. Signed by Chief Judge Raul M. Arias-Marxuach on 01/10/2023. (ft) |
Filing 32 MOTION to Strike Re: #18 Amended Complaint,, filed by David J. Perez-Arritola filed by Natalia Del Mar Morales-Echeverria on behalf of De Diego Village Holding Inc., Puerto Rico Housing Financing Authority Responses due by 1/12/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #18 ) (Morales-Echeverria, Natalia) |
Filing 31 NOTICE of Voluntary Dismissal Without Prejudice Under Fed.R.Civ.P. 41(a)(1)(A)(i) by David J. Perez-Arritola (Sanchez-Pagan, Adrian) |
Filing 30 MOTION for Joinder Re: #28 Response to Motion,,, filed by United States Department of Housing and Urban Development filed by Adrian Sanchez-Pagan on behalf of David J. Perez-Arritola Responses due by 1/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #28 ) (Sanchez-Pagan, Adrian) |
Filing 29 RESPONSE to Motion at ECF Nos. 20 and 22, and Motion to Strike the Second Amended Complaint as corrected at ECF No. 22-1 filed by United States Department of Housing and Urban Development Re: #18 Amended Complaint,, filed by David J. Perez-Arritola, #20 MOTION requesting Order Denying as Moot the Motion to Dismiss [D.E. # 7] filed by David J. Perez-Arritola, #22 MOTION for Leave to File Document -Second Amended Complant filed by David J. Perez-Arritola filed by United States Department of Housing and Urban Development. (Silva-Aviles, Enrique) |
Filing 28 RESPONSE to Motion to Remand at ECF No. 5 and to Motion to Remand at ECF No. 8 filed by United States Department of Housing and Urban Development Re: #5 MOTION to Remand filed by Plaza De Diego, S.E., Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Carmen A. Sola-Morales, #8 MOTION to Bifurcate State Law Claims, Request for the Court to Decline Supplemental Jurisdiction and Remand State Law Claims to State Court, in the alternative MOTION to Remand to State Courtfor Defect in Notice of Removal for Filing Over the 30-day Term to Remove and for other reasons, in the alternativeEndorsed MOTION to Dismiss for Failure to State a Claim as filed by HUD filed by De Diego Village LLC filed by United States Department of Housing and Urban Development. (Silva-Aviles, Enrique) |
Filing 27 Second MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Remand filed by Plaza De Diego, S.E., Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Carmen A. Sola-Morales, 12 Order on Motion for Extension of Time to File Response/Reply, 16 Order on Motion for Extension of Time to File Response/Reply, #8 MOTION to Bifurcate State Law Claims, Request for the Court to Decline Supplemental Jurisdiction and Remand State Law Claims to State Court, in the alternative MOTION to Remand to State Courtfor Defect in Notice of Removal for Filing Over the 30-day Term to Remove and for other reasons, in the alternativeEndorsed MOTION to Dismiss for Failure to State a Claim as filed by HUD filed by De Diego Village LLC filed by Luis M. Ferrer-Medina on behalf of All Plaintiffs Responses due by 1/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #5 , 12 , 16 , #8 ) (Ferrer-Medina, Luis) |
Filing 26 MOTION for Leave to File Document Omnibus Opposition to Pleading and motions at Docket Nos. 18, 20 and 22 filed by Natalia Del Mar Morales-Echeverria on behalf of De Diego Village Holding Inc., Puerto Rico Housing Financing Authority Responses due by 1/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Morales-Echeverria, Natalia) |
Filing 25 MOTION to Strike Second Amended Complaint filed by Leticia Maria Casalduc-Rabell on behalf of Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, Carmen A. Sola-Morales Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
Filing 24 MOTION to Strike Second Amended Complaint on Jurisdictional Grounds filed by Juan A. Moldes-Rodriguez on behalf of Plaza De Diego, S.E. Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Moldes-Rodriguez, Juan) |
Filing 23 First MOTION to Strike 2nd Amended Complaint Re: #18 Amended Complaint,, filed by David J. Perez-Arritola filed by Jorge A. Cartaya-Brao on behalf of MAC Development Corp. Responses due by 12/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #18 ) (Cartaya-Brao, Jorge) |
Filing 22 MOTION for Leave to File Document -Second Amended Complant filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 12/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 2nd Amended Complaint)(Ferrer-Medina, Luis) |
Filing 21 MOTION Submitting Certified Translation into the English language of Plaintiffs Opposition to the Motion to Dismiss in Favor of the Puerto Rico Housing Finance Authority filed at the State Court re: #7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to David J. Perez-Arritola filed by United States Department of Housing and Urban Development filed by Enrique Silva-Aviles on behalf of United States Department of Housing and Urban Development Responses due by 12/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A. Certified Translation into the English language of Plaintiffs Opposition to the Motion to Dismiss in Favor of the Puerto Rico Housing Finance Authority filed at the State Court)(Related document(s) #7 ) (Silva-Aviles, Enrique) |
Filing 20 MOTION requesting Order Denying as Moot the Motion to Dismiss [D.E. # 7] filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 12/23/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ferrer-Medina, Luis) |
Filing 19 NOTICE of Appearance by Cesar T. Alcover-Acosta on behalf of De Diego Village Holding Inc., Puerto Rico Housing Financing Authority (Alcover-Acosta, Cesar) |
Filing 18 AMENDED COMPLAINT against ABC Company, ABC Insurance Company, De Diego Village Holding Inc., De Diego Village LLC, John Doe, Richard Doe, Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Maria M. Hernandez-Solivan, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Plaza De Diego, S.E., Puerto Rico Housing Financing Authority, Ramos-Hernndez Conjugal Partnership, Miguel A. Ramos-Lozada, Carmen A. Sola-Morales, United States Department of Housing and Urban Development, filed by David J. Perez-Arritola.(Ferrer-Medina, Luis) |
Filing 17 NOTICE of Appearance by Natalia Del Mar Morales-Echeverria on behalf of De Diego Village Holding Inc., Puerto Rico Housing Financing Authority (Morales-Echeverria, Natalia) |
Filing 16 ORDER: Granting #14 Motion for Extension of Time to File Response. Plaintiff David J. Perez-Arritola's response to the motions at Docket Nos. #7 and #8 is due by 12/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. Signed by Judge Silvia L. Carreno-Coll on 12/5/2022. (MRB) |
Filing 15 ORDER: Granting #13 Motion for Extension of Time to File Response. Defendant HUD shall file its response to the motions at Docket Nos. #5 and #8 by 12/23/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. Signed by Judge Silvia L. Carreno-Coll on 12/5/2022. (MRB) |
Filing 14 MOTION for Extension of Time until December 21, 2022 to File Response/Reply as to #7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to David J. Perez-Arritola filed by United States Department of Housing and Urban Development, #8 MOTION to Bifurcate State Law Claims, Request for the Court to Decline Supplemental Jurisdiction and Remand State Law Claims to State Court, in the alternative MOTION to Remand to State Courtfor Defect in Notice of Removal for Filing Over the 30-day Term to Remove and for other reasons, in the alternativeEndorsed MOTION to Dismiss for Failure to State a Claim as filed by HUD filed by De Diego Village LLC filed by Luis M. Ferrer-Medina on behalf of All Plaintiffs Responses due by 12/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #7 , #8 ) (Ferrer-Medina, Luis) |
Filing 13 MOTION for Extension of Time to File Response/Reply until December 23, 2022 as to #5 MOTION to Remand filed by Plaza De Diego, S.E., Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Carmen A. Sola-Morales, #8 MOTION to Bifurcate State Law Claims, Request for the Court to Decline Supplemental Jurisdiction and Remand State Law Claims to State Court, in the alternative MOTION to Remand to State Courtfor Defect in Notice of Removal for Filing Over the 30-day Term to Remove and for other reasons, in the alternativeEndorsed MOTION to Dismiss for Failure to State a Claim as filed by HUD filed by De Diego Village LLC filed by Enrique Silva-Aviles on behalf of United States Department of Housing and Urban Development Responses due by 12/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #5 , #8 ) (Silva-Aviles, Enrique) |
Filing 12 ORDER: Granting #10 Motion for Extension of Time to File Response. Plaintiff David J. Perez-Arritola's Response to the Motion to Remand at Docket No. #5 is due by 12/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. Signed by Judge Silvia L. Carreno-Coll on 11/30/2022. (MRB) |
Filing 11 NOTICE of Appearance by Juan A. Moldes-Rodriguez on behalf of Plaza De Diego, S.E. (Moldes-Rodriguez, Juan) |
Filing 10 MOTION for Extension of Time until December 20 to File Response/Reply as to #5 MOTION to Remand filed by Plaza De Diego, S.E., Garcia -Sola Conjugal Property Partnership, Carlos L. Garcia-Muniz, Individual Account for Mr. Carlos L. Garcia-Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Carmen A. Sola-Morales filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 12/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #5 ) (Ferrer-Medina, Luis) |
Filing 9 NOTICE of Appearance by Osvaldo H. Puig-Hernandez on behalf of De Diego Village LLC (Puig-Hernandez, Osvaldo) |
Filing 8 MOTION to Bifurcate State Law Claims, Request for the Court to Decline Supplemental Jurisdiction and Remand State Law Claims to State Court, in the alternative, MOTION to Remand to State Courtfor Defect in Notice of Removal for Filing Over the 30-day Term to Remove and for other reasons, in the alternative, Endorsed MOTION to Dismiss for Failure to State a Claim as filed by HUD filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 12/5/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
Filing 7 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss/Lack of Jurisdiction as to David J. Perez-Arritola filed by Enrique Silva-Aviles on behalf of United States Department of Housing and Urban Development Responses due by 12/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Silva-Aviles, Enrique) |
Filing 6 NOTICE of Appearance filed by Jorge A. Cartaya-Brao on behalf of MAC Development Corp. Responses due by 12/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cartaya-Brao, Jorge) Modified on 11/18/2022 to correct filing event (ecc). |
Filing 5 MOTION to Remand filed by Leticia Maria Casalduc-Rabell on behalf of Carlos L. Garcia-Muniz, Garcia-Sola Muniz Conjugal Property Partnership, Individual Account for Mr. Carlos L. Garcia Muniz in the Trust Fund at the Horizontes Development S.E. Retirement Plan, MAC Development Corp., Plaza De Diego, S.E., Carmen A. Sola-Morales. Responses due by 11/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) Modified on 11/17/2022 to correct typographical errors(ecc). |
Filing 4 NOTICE of Appearance by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola (Ferrer-Medina, Luis) |
Filing 3 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Silvia L. Carreno-Coll (arg) |
Filing 2 NOTICE of Filing Exhibits re #1 Notice of Removal, filed by United States Department of Housing and Urban Development (Attachments: #1 Civil Cover Sheet, #2 Category Sheet) (Silva-Aviles, Enrique) |
Filing 1 NOTICE OF REMOVAL from First Instance Court of the Commonwealth of Puerto Rico, Superior Court of San Juan, case number SJ2020CV05757. (), filed by United States Department of Housing and Urban Development. (Attachments: #1 Exhibit 1. Amended Complaint filed in State Court (in Spanish language), #2 Exhibit 2. Certified Translation of Amended Complaint filed in State Court)(Silva-Aviles, Enrique) |
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