Municipality of Bayamon et al v. Exxon Mobil Corporation et al
| Bayamon, Caguas, Loiza, Lares, Barranquitas, Comerio, Cayey, Las Marias, Trujillo Alto, Vega Baja, Anasco, Cidra, Aguadilla, Aibonito, Morovis, Moca, Municipality of Bayamon, Municipality of Caguas, Municipality of Loiza, Municipality of Lares, Municipality of Barranquitas, Municipality of Comerio, Municipality of Cayey, Municipality of Las Marias, Municipality of Trujillo Alto, Municipality of Vega Baja, Municipality of Anasco, Municipality of Cidra, Municipality of Aguadilla, Municipality of Aibonito, Municipality of Morovis and Municipality of Moca |
| Exxon Mobil Corporation, Shell PLC, Chevron Corporation, BP PLC, Motiva Enterprises LLC, Occidental Petroleum Corporation, BHP Group Limited, Arch Resources Incorporated, Rio Tinto PLC, Peabody Energy Incorporated, XYZ CORPORATIONS 1-100, JOHN AND JANE DOES 1-100, ConocoPhillips Company, Royal Dutch Shell Plc, Anadarko Petroleum Corp and Arch Coal Company |
| 3:2022cv01550 |
| November 22, 2022 |
| US District Court for the District of Puerto Rico |
| Maria Antongiorgi-Jordan |
| Silvia L Carreno-Coll |
| Daniel R Dominguez |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 Diversity-Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 57 PARTIAL JUDGMENT dismissing case without prejudice against Arch Resources, Inc. f/k/a Arch Coal, Inc. and Peabody Energy Corporation. Signed by Judge Silvia L. Carreno-Coll on 4/25/2023. (mcv) |
| Filing 56 NOTICE TO PRO HAC VICE Theodore Wells, Jr. re: 49 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ecc) |
| Filing 55 NOTICE TO PRO HAC VICE Daniel Toal, Esq. re: 48 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ecc) |
| Filing 54 NOTICE TO PRO HAC VICE Yahonnes Cleary, Esq. re: 47 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ecc) |
| Filing 53 NOTICE TO PRO HAC VICE Caitlin Grusauskas, Esq. re: 46 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ecc) |
| Filing 52 NOTICE of Voluntary Dismissal without Prejudice of Arch Resources, Inc. and Peabody Energy Corporation by Municipality of Aguadilla, Municipality of Aibonito, Municipality of Anasco, Municipality of Barranquitas, Municipality of Bayamon, Municipality of Caguas, Municipality of Cayey, Municipality of Cidra, Municipality of Comerio, Municipality of Lares, Municipality of Las Marias, Municipality of Loiza, Municipality of Moca, Municipality of Morovis, Municipality of Trujillo Alto, Municipality of Vega Baja (Mason, Roy) |
Filing 51
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Daniel R. Dominguez (Docket No. 50), this case has been randomly reassigned within the Case Assignment System to the docket of Judge Silvia Carreno-Coll. Signed by Clerk on 04/20/2023. (ft)
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Filing 50
ORDER OF RECUSAL. Upon taking senior status, the undersigned does not preside over cases involving numerous parties. This case consists of 16 plaintiffs and 13 defendants. After careful and thorough review of the complaint, the undersigned finds that this is such a case. Therefore, the Clerk of Court shall take note of this order and randomly reassign this case to another judge.Judge Daniel R. Dominguez recused. Signed by Judge Daniel R. Dominguez on 04/20/2023.(VTH)
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Filing 49
ORDER granting #45 Motion to Appear PHV. Signed by Judge Daniel R. Dominguez on 04/20/2023. (VTH)
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Filing 48
ORDER granting #44 Motion to Appear PHV. Signed by Judge Daniel R. Dominguez on 04/20/2023. (VTH)
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Filing 47
ORDER granting #43 Motion to Appear PHV. Signed by Judge Daniel R. Dominguez on 04/20/2023. (VTH)
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Filing 46
ORDER granting #42 Motion to Appear PHV. Signed by Judge Daniel R. Dominguez on 04/20/2023. (VTH)
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| Filing 45 Motion to allow Theodore Wells, Jr. to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181712) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| Filing 44 Motion to allow Daniel Toal to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181669) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| Filing 43 Motion to allow Yahonnes Cleary to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181699) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| Filing 42 Motion to allow Caitlin Grusauskas to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181689) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| NOTICE of Docket Text Modification by Deputy Clerk, re: 39 Order on Motion to Appear PHV, 40 Order on Motion to Appear PHV, 41 Order on Motion to Appear PHV, #34 Motion to allow Daniel Toal to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181669), #36 Motion to allow Yahonnes Cleary to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181699), 38 Order on Motion to Appear PHV, #35 Motion to allow Caitlin Grusauskas to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181689), #37 Motion to allow Theodore Wells, Jr. to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181712). ***FILED IN ERROR - Incorrect signature format for Local Counsel. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** (mg) |
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Filing 41
***FILED IN ERROR - When Filing Local Counsel used the Incorrect signature format. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** ORDER granting #37 Motion to Appear PHV. The Court, having considered Theodore Wells, Jr.'s Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 04/19/2023. (VTH) Modified on 4/20/2023 (mg).
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Filing 40
***FILED IN ERROR - When Filing Local Counsel used the Incorrect signature format. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** ORDER granting #36 Motion to Appear PHV. The Court, having considered Yahonnes Cleary's Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 04/19/2023. (VTH) Modified on 4/20/2023 (mg).
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Filing 39
***FILED IN ERROR - When Filing Local Counsel used the Incorrect signature format. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** ORDER granting #35 Motion to Appear PHV. The Court, having considered Caitlin Grusauskas' Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 04/19/2023. (VTH) Modified on 4/20/2023 (mg).
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Filing 38
***FILED IN ERROR - When Filing Local Counsel used the Incorrect signature format. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** ORDER granting #34 Motion to Appear PHV. The Court, having considered Daniel Toal's Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 04/19/2023. (VTH) Modified on 4/20/2023 (mg).
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| Filing 37 ***FILED IN ERROR - Incorrect signature format for Local Counsel. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** Motion to allow Theodore Wells, Jr. to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181712) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) Modified on 4/20/2023 (mg). |
| Filing 36 ***FILED IN ERROR - Incorrect signature format for Local Counsel. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** Motion to allow Yahonnes Cleary to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181699) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) Modified on 4/20/2023 (mg). |
| Filing 35 ***FILED IN ERROR - Incorrect signature format for Local Counsel. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** Motion to allow Caitlin Grusauskas to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181689) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) Modified on 4/20/2023 (mg). |
| Filing 34 ***FILED IN ERROR - Incorrect signature format for Local Counsel. Local Counsel should file using electronic signature (S/). Local Counsel to re-file*** Motion to allow Daniel Toal to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8181669) filed by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation Responses due by 5/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) Modified on 4/20/2023 (mg). |
| Filing 33 NOTICE of Appearance by Nestor Mendez-Gomez on behalf of Exxon Mobil Corporation (Mendez-Gomez, Nestor) |
| Filing 32 NOTICE of Appearance by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation (Trelles-Hernandez, Maria) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #29 Notice of Appearance, #30 Notice of Appearance,. ***FILED IN ERROR: Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file*** (mg) |
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Filing 31
ORDER granting #25 Motion for Extension of Time. Motions to Dismiss are due on 07/21/2023. Plaintiffs' Oppositions to the Motions to Dismiss are due 90 days after the Motions to Dismiss are filed. Defendant's replies are due 60 days after Plaintiffs' Oppositions are filed. Signed by Judge Daniel R. Dominguez on 03/30/2023. (VTH)
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| Filing 30 ***FILED IN ERROR: Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file*** NOTICE of Appearance by Nestor Mendez-Gomez on behalf of Exxon Mobil Corporation (Mendez-Gomez, Nestor) Modified on 3/31/2023 (mg). |
| Filing 29 ***FILED IN ERROR: Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file*** NOTICE of Appearance by Maria Dolores Trelles-Hernandez on behalf of Exxon Mobil Corporation (Trelles-Hernandez, Maria) Modified on 3/31/2023 (mg). |
| Filing 28 NOTICE of Appearance of Counsel by Tracie Jo Renfroe on behalf of Motiva Enterprises LLC (Renfroe, Tracie) |
| Filing 27 NOTICE TO PRO HAC VICE Tracie J. Renfroe re: 24 Order on Motion to Appear PHV, : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (mg) |
| Filing 26 Corporate Disclosure Statement byMotiva Enterprises LLC identifying Corporate Parent Saudi Refining, Inc. for Motiva Enterprises LLC.. (Suria-Rivera, Kenneth) |
| Filing 25 Joint MOTION for Extension of Time until July 21, 2023 to File Answer or Otherwise Respond to the Complaint re: #1 Complaint, filed by Plaintiffs, Joint MOTION Set Briefing Schedule, Page Limitations and Other Procedural Stipulations Related to the Forthcoming Motions to Dismiss filed by Roberto C. Quinones-Rivera on behalf of all Plaintiffs, Chevron Corporation and Motiva Enterprises LLC. Responses due by 4/12/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Quinones-Rivera, Roberto) Modified on 3/30/2023 to edit docket text as to filers. (mg). |
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Filing 24
ORDER granting #23 Motion to Appear Pro Hac Vice. The Court, having considered Tracie J. Renfroe's Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of the Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 03/28/2023. (VTH) Modified on 3/29/2023 to edit docket number as to motion. (mg).
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| Filing 23 Motion to allow Tracie Renfroe to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8149369) filed by Kenneth C. Suria-Rivera on behalf of Motiva Enterprises LLC Responses due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth) |
| Filing 22 Corporate Disclosure Statement byChevron Corporation. (Quinones-Rivera, Roberto) |
| Filing 21 NOTICE of Appearance by Oliver Peter Thoma on behalf of Motiva Enterprises LLC (Thoma, Oliver) |
| NOTICE TO PRO HAC VICE Oliver Peter Thoma re: 19 Order on Motion to Appear PHV, : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (mg) |
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Filing 20
ORDER granting #14 Motion for Extension of Time to Answer. Defendants are to answer the complaint or otherwise plead by 4/5/2023. Signed by Judge Daniel R. Dominguez on 3/3/2023. (EA)
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Filing 19
ORDER granting #13 Motion to Appear PHV. The Court, having considered the Application for Admission Pro Hac Vice, orders that the application be granted as to Oiver Peter Thoma, Esq.. The Clerk of Court shall deposit the admission fee to the account of Non-Appropriated Funds of this Court. Signed by Judge Daniel R. Dominguez on 3/3/2023. (EA)
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Filing 18
MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Maria Antongiorgi-Jordan (Docket No. 17), this case has been randomly reassigned within the Case Assignment System to the docket of Judge Daniel R. Dominguez. Signed by Clerk on 03/01/2023. (ft)
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Filing 17
ORDER OF RECUSAL: In light of McConnell Valdes, LLC's entry of an appearance in the case at Docket Entry No. #11 , the undersigned recuses herself from presiding over this case pursuant to 28 U.S.C. Sec. 455(a). The matter is referred to the Clerk's Office to reassign this case to another district judge. Signed by Judge Maria Antongiorgi-Jordan on 3/1/2023. (mr)
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| Filing 16 NOTICE of Appearance by Eduardo A. Zayas-Marxuach on behalf of Chevron Corporation (Zayas-Marxuach, Eduardo) |
| Filing 15 NOTICE of Appearance by Myrgia M. Palacios-Cabrera on behalf of Chevron Corporation (Palacios-Cabrera, Myrgia) |
| Filing 14 Consent MOTION for Extension of Time until April 5, 2023 to File Answer or Otherwise Respond to the Complaint re: #1 Complaint,, filed by Municipality of Comerio, Municipality of Trujillo Alto, Municipality of Cidra, Municipality of Cayey, Municipality of Loiza, Municipality of Aguadilla, Municipality of Lares, Municipality of Aibonito, Municipality of Caguas, Municipality of Morovis, Municipality of Moca, Municipality of Barranquitas, Municipality of Anasco, Municipality of Las Marias, Municipality of Bayamon, Municipality of Vega Baja filed by Roberto C. Quinones-Rivera on behalf of Chevron Corporation, Exxon Mobil Corporation, Motiva Enterprises LLC, Occidental Petroleum Corporation Responses due by 3/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Quinones-Rivera, Roberto) |
| Filing 13 Motion to allow Oliver Thoma to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8111714) filed by Kenneth C. Suria-Rivera on behalf of Motiva Enterprises LLC Responses due by 3/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth) |
| Filing 12 NOTICE of Appearance by Kenneth C. Suria-Rivera on behalf of Motiva Enterprises LLC (Suria-Rivera, Kenneth) |
| Filing 11 NOTICE of Appearance by Roberto C. Quinones-Rivera on behalf of Chevron Corporation (Quinones-Rivera, Roberto) |
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Filing 10
ORDER granting: #9 Motion for Extension of Time. Service of Process due by 4/21/2023. Signed by Judge Maria Antongiorgi-Jordan on 02/21/2023. (ao)
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| Filing 9 MOTION for extension of time until April 21, 2023 to serve process filed by Roy L. Mason on behalf of All Plaintiffs Responses due by 3/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order)(Mason, Roy) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs upon Motiva Enterprises LLC served on 2/13/2023, answer due 3/6/2023; Occidental Petroleum Corporation served on 2/13/2023, answer due 3/6/2023. (Attachments: #1 Summons Executed, #2 Summons Executed, #3 Summons Executed) (Mason, Roy) Modified on 2/16/2023 to add date of service (mcm). |
| Filing 7 ***FILED IN ERROR - Incomplete document. Counsel to re-file.*** AFFIDAVIT of Service of Process by All Plaintiffs upon Chevron Corporation served on 2/14/2023, answer due 3/7/2023. (Mason, Roy) Modified on 2/15/2023 (mcm). |
| NOTICE of Docket Text Modification by Deputy Clerk re: #7 Affidavit of Service, #6 Affidavit of Service. ***FILED IN ERROR - Document missing the first page for all summons. Counsel to re-file the document with both pages and using the event Summons Returned Executed.*** (mcm) |
| Filing 6 ***FILED IN ERROR - Incomplete document. Counsel to re-file.*** AFFIDAVIT of Service of Process by All Plaintiffs upon Exxon Mobil Corporation served on 2/13/2023, answer due 3/6/2023; Motiva Enterprises LLC served on 2/10/2023, answer due 3/3/2023; Occidental Petroleum Corporation served on 2/11/2023, answer due 3/6/2023. (Attachments: #1 Affidavit of Service on Occidental Petroleum, #2 Affidavit of Service on Motiva Enterprises) (Mason, Roy) Modified on 2/15/2023 (mcm). |
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Filing 5
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 12/14/2022. (ft)
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| Filing 4 STATEMENT RICO filed by Municipality of Aguadilla, Municipality of Aibonito, Municipality of Anasco, Municipality of Barranquitas, Municipality of Bayamon, Municipality of Caguas, Municipality of Cayey, Municipality of Cidra, Municipality of Comerio, Municipality of Lares, Municipality of Las Marias, Municipality of Loiza, Municipality of Moca, Municipality of Morovis, Municipality of Trujillo Alto, Municipality of Vega Baja re: #1 Complaint,, filed by Municipality of Comerio, Municipality of Trujillo Alto, Municipality of Cidra, Municipality of Cayey, Municipality of Loiza, Municipality of Aguadilla, Municipality of Lares, Municipality of Aibonito, Municipality of Caguas, Municipality of Morovis, Municipality of Moca, Municipality of Barranquitas, Municipality of Anasco, Municipality of Las Marias, Municipality of Bayamon, Municipality of Vega Baja. (Attachments: #1 Exhibit Index, #2 Exhibit A-H, #3 Exhibit I, #4 Exhibit J-N, #5 Exhibit O) (Mason, Roy) |
| Filing 3 Summons Issued as to Arch Resources Incorporated, BHP Group Limited, BP PLC, Chevron Corporation, ConocoPhillips Company, Exxon Mobil Corporation, Motiva Enterprises LLC, Occidental Petroleum Corporation, Peabody Energy Incorporated, Rio Tinto PLC, Shell PLC (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Aida M. Delgado-Colon (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number APRDC-7999224.), filed by Anasco, Cayey, Caguas, Bayamon, Moca, Aguadilla, Comerio, Loiza, Trujillo Alto, Cidra, Aibonito, Morovis, Las Marias, Lares, Vega Baja, Barranquitas. Service due by 2/21/2023, (Attachments: #1 Exhibit Index, #2 Exhibit 1-15, #3 Exhibit 16-24, #4 Exhibit 25-34, #5 Exhibit 35-39, #6 Exhibit 40-49, #7 Civil Cover Sheet, #8 Category Sheet, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons)(Mason, Roy) |
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