Ceciliana Service Station, Corp. et al v. Puerto Rico Energy LLC
| Ceciliana Service Station, Corp., Secundino Daz Bou and Secundino Diaz-Bou |
| Puma Energy Caribe, LLC |
| 3:2022cv01552 |
| November 22, 2022 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Bruce J McGiverin |
| Contract: Franchise |
| 15 U.S.C. § 2801 Petroleum Marketing Practices Act |
| None |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Settlement Conference held on 6/27/2023. As to plaintiff Diaz-Bou, joint informative motion due by 7/12/2023. As to plaintiff Ceciliana Service Station Corp., joint stipulation for voluntary dismissal due by 8/8/2023. (JM) |
Filing 45
ORDER re ECF Nos. #43 -44: Settlement Conference is set for 6/27/2023 at 9:30 AM and 1:30 PM in Courtroom 11 before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 6/5/2023. (JM)
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Filing 44
ORDER granting in part #43 Joint MOTION to Convert Preliminary Injunction Hearing into a Settlement Conference: Preliminary injunction hearing set for 5/23/2023 is hereby vacated. Settlement conference to be set by separate order. Signed by US Magistrate Judge Bruce J. McGiverin on 5/19/2023. (JM)
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| Filing 43 Joint MOTION to Convert Preliminary Injunction Hearing into a Settlement Conference filed by Jose R. Davila-Acevedo on behalf of All Parties. Responses due by 5/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Acevedo, Jose) Modified on 5/18/2023 to add filers (mcm). |
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Filing 42
ORDER: Granting #39 "Motion for Extension of Time to File Objections to the Magistrate Judge's Report and Recommendation." Objections due 14 days after conclusion of preliminary injunction hearing. Signed by Judge Pedro A. Delgado-Hernandez on 3/10/2023. (AEM)
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Filing 41
ORDER: Granting #35 "Motion to Amend Case Caption." The Clerk shall update the docket caption accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 3/10/2023. (AEM)
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Filing 40
ORDER granting #38 Joint Motion to Continue: Preliminary Injunction Hearing is reset for 5/23/2023 at 9:30 AM in Courtroom 11 before US Magistrate Judge Bruce J. McGiverin. If no settlement agreement is reached, by 5/16/2023 counsel shall exchange the names of all the witnesses they intend to call at the hearing as well as copies of all the exhibits they intend to submit at the hearing. By 5/18/2023, the parties shall file a joint stipulation of uncontested facts. By 5/19/2023, the parties shall mark all hearing exhibits with the courtroom deputy. Signed by US Magistrate Judge Bruce J. McGiverin on 3/10/2023. (JM)
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| Filing 39 MOTION for Extension of Time until 14 days after the conclusion of the preliminary injunction hearing to file objections to the report and recommendations filed by Jose R. Davila-Acevedo on behalf of Puma Energy Caribe, LLC Responses due by 3/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Acevedo, Jose) |
| Filing 38 Joint MOTION to Continue Preliminary Injunction Hearing filed by Kenneth C. Suria-Rivera on behalf of Al Parties. Responses due by 3/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Suria-Rivera, Kenneth) Modified on 3/13/2023 to add filers (mcm). |
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Filing 37
ORDER re #5 MOTION for Preliminary Injunction: A Preliminary Injunction Hearing is set for 3/17/2023 at 9:30 AM in Courtroom 11 before US Magistrate Judge Bruce J. McGiverin. By not later than 3/6/2023, counsel for the parties shall meet in person to try to settle this case. If no agreement is reached, by 3/9/2023 counsel shall exchange the names of all the witnesses they intend to call at the hearing as well as copies of all the exhibits they intend to submit at the hearing. By 3/14/2023, the parties shall file a joint stipulation of uncontested facts. By 3/15/2023, the parties shall mark all hearing exhibits with the courtroom deputy. Signed by US Magistrate Judge Bruce J. McGiverin on 2/28/2023. (JM)
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| Filing 36 REPORT AND RECOMMENDATION re #15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6): I recommend that Puma Energy Caribe, LLC's motion to dismiss be denied. Objections to R&R due by 3/14/2023. Signed by US Magistrate Judge Bruce J. McGiverin on 2/28/2023. (JM) |
| Filing 35 MOTION to Amend/Correct Motion to Amend Case Caption filed by Stephanie Michelle Vilella-Alonso on behalf of Puma Energy Caribe, LLC Responses due by 3/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Vilella-Alonso, Stephanie) |
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Filing 34
ORDER granting #31 Motion for Leave to File Excess Pages. (McGiverin, Bruce)
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Filing 33
ORDER granting #29 Motion for Extension of Time to File Response/Reply. Signed by US Magistrate Judge Bruce J. McGiverin on February 17, 2023. (McGiverin, Bruce)
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| Filing 32 SURREPLY to Motion filed by Puma Energy Caribe, LLC Re: #5 MOTION for Preliminary Injunction filed by Ceciliana Service Station, Corp., Secundino Diaz-Bou filed by Puma Energy Caribe, LLC. (Davila-Acevedo, Jose) |
| Filing 31 MOTION for Leave to File Excess Pages re: ECF No. 30 - Reply in Support of Puma's Motion to Dismiss filed by Jose R. Davila-Acevedo on behalf of Puma Energy Caribe, LLC Responses due by 2/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Acevedo, Jose) |
| Filing 30 REPLY to Motion re: Plaintiffs' Opposition filed by Puma Energy Caribe, LLC Re: #15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) filed by Puma Energy Caribe, LLC filed by Puma Energy Caribe, LLC. (Attachments: #1 Exhibit A - Law 60 - certified translation)(Davila-Acevedo, Jose) |
| Filing 29 Consent MOTION for Extension of Time until 2/7/2023 to File Response/Reply as to #21 Memorandum in Opposition, filed by Ceciliana Service Station, Corp., Secundino Diaz-Bou, #23 Reply to Motion, filed by Ceciliana Service Station, Corp., Secundino Diaz-Bou filed by Stephanie Michelle Vilella-Alonso on behalf of Puma Energy Caribe, LLC Responses due by 2/16/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #21 , #23 ) (Vilella-Alonso, Stephanie) |
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Filing 28
ORDER granting #25 Motion for extension of time. The reply and surreply shall be filed as separate documents. Signed by US Magistrate Judge Bruce J. McGiverin on February 1, 2023. (McGiverin, Bruce)
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Filing 27
ORDER granting #24 MOTION for Leave to File Document, MOTION for Extension of Time. Signed by US Magistrate Judge Bruce J. McGiverin on 1/27/2023. (JM)
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| Filing 26 NOTICE Notice of Consent to Request for Extension of Time by Puma Energy Caribe, LLC re #25 MOTION for extension of time until February 3, 2023 to reply and surreply to Plaintiffs filings at ECF Nos. 21 & 23 (Vilella-Alonso, Stephanie) |
| Filing 25 MOTION for extension of time until February 3, 2023 to reply and surreply to Plaintiffs filings at ECF Nos. 21 & 23 filed by Stephanie Michelle Vilella-Alonso on behalf of Puma Energy Caribe, LLC Responses due by 2/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 24 MOTION for Leave to File Document , MOTION for Extension of Time until 1/25/2023 to file Reply and Surreplyto Plaintiffs' Filings at ECF Nos. 21 & 23 filed by Jose R. Davila-Acevedo on behalf of Puma Energy Caribe, LLC Responses due by 1/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Acevedo, Jose) |
| Filing 23 REPLY to Motion Opposition to Plaintiff's Motion for Preliminary Injunction filed by All Plaintiffs Re: #5 MOTION for Preliminary Injunction filed by Ceciliana Service Station, Corp., Secundino Diaz-Bou filed by All Plaintiffs. (Benitez-Arraiza, Hector) Modified on 1/13/2023 to replace capital letters (mcm). |
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Filing 22
ORDER granting #18 Motion for Leave to File. Signed by US Magistrate Judge Bruce J. McGiverin on January 12, 2023. (McGiverin, Bruce)
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| Filing 21 MEMORANDUM in Opposition To Motion to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) (at #15) filed by All Plaintiffs Re: #15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) filed by Puma Energy Caribe, LLC filed by All Plaintiffs. (Benitez-Arraiza, Hector) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #19 MOTION for Extension of Time until January 10, 2023 to File Response/Reply as to #15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) filed by Puma Energy Caribe, LLC. Signed by US Magistrate Judge Bruce J. McGiverin on January 5, 2023. (McGiverin, Bruce)
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| Filing 19 MOTION for Extension of Time until January 10, 2023 to File Response/Reply as to #15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) filed by Puma Energy Caribe, LLC filed by Hector Benitez-Arraiza on behalf of All Plaintiffs Responses due by 1/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #15 ) (Benitez-Arraiza, Hector) |
| Filing 18 MOTION for Leave to File Document filed by Hector Benitez-Arraiza on behalf of All Plaintiffs Responses due by 1/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Draft of Reply)(Benitez-Arraiza, Hector) |
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Filing 17
ORDER REFERRING: #5 "Motion for Preliminary Injunction," #15 "Defendant Puma Energy Caribe, LLC's Motion to Dismiss Plaintiff's Verified Complaint Under Fed. R. Civ. P. 12(b)(6)," and any further matter or motion related thereto, to U.S. Magistrate Judge Bruce J. McGiverin for Report and Recommendation. The Magistrate Judge is at liberty to set hearing(s) as he deems appropriate, and to request any and all necessary materials he considers necessary for that purpose. Signed by Judge Pedro A. Delgado-Hernandez on 12/21/2022. (AEM)
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| Filing 16 MEMORANDUM in Opposition Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Puma Energy Caribe, LLC Re: #5 MOTION for Preliminary Injunction filed by Ceciliana Service Station, Corp., Secundino Diaz-Bou filed by Puma Energy Caribe, LLC. (Vilella-Alonso, Stephanie) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim under Fed. R. Civ. P. 12(b)(6) filed by Jose R. Davila-Acevedo on behalf of Puma Energy Caribe, LLC Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Acevedo, Jose) |
| Filing 14 NOTICE of Appearance by Jose R. Davila-Acevedo on behalf of Puma Energy Caribe, LLC (Davila-Acevedo, Jose) |
| Filing 13 NOTICE of Appearance by Alberto G. Estrella on behalf of Puma Energy Caribe, LLC (Estrella, Alberto) |
| Filing 12 NOTICE of Appearance by Miguel A. Rodriguez-Rivera on behalf of All Plaintiffs (Rodriguez-Rivera, Miguel) |
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Filing 11
ORDER: Granting #10 "Motion for Extension of Time." Defendant shall answer the complaint or otherwise plead, and respond to the motion at Docket No. 5, not later than December 19, 2022. Signed by Judge Pedro A. Delgado-Hernandez on 12/5/2022. (AEM)
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| Filing 10 First MOTION for extension of time filed by Stephanie Michelle Vilella-Alonso on behalf of Puma Energy Caribe, LLC Responses due by 12/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 9 NOTICE of Appearance by Kenneth C. Suria-Rivera on behalf of Puma Energy Caribe, LLC (Suria-Rivera, Kenneth) |
| Filing 8 NOTICE of Appearance by Stephanie Michelle Vilella-Alonso on behalf of Puma Energy Caribe, LLC (Vilella-Alonso, Stephanie) |
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Filing 7
ORDER re: #5 "Motion for Preliminary Injunction." Defendant shall respond not later than December 7, 2022. Signed by Judge Pedro A. Delgado-Hernandez on 11/29/2022. (AEM)
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| Filing 6 ACKNOWLEDGEMENT OF SERVICE Executed Filling papers served filed by All Plaintiffs. (Attachments: #1 Summons Proof Of Service of Summons and filling papers) (Rodriguez-Rivera, Miguel) |
| Filing 5 MOTION for Preliminary Injunction filed by Hector Benitez-Arraiza on behalf of Ceciliana Service Station, Corp., Secundino Diaz-Bou Responses due by 12/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Notice of Non-Renewal (Station 393), #2 Exhibit Notice of Non-Renewal (Station 37))(Benitez-Arraiza, Hector) |
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Filing 4
ORDER: See attached. On or before noontime on November 30, 2022, plaintiffs shall serve process upon defendant with copies of all filings in this case, including this Order. On that same day, plaintiff shall also certify compliance that process has been served. Defendant shall answer the complaint or otherwise plead not later than December 7, 2022. Failure to do so without just cause may result in granting the relief requested. Signed by Judge Pedro A. Delgado-Hernandez on 11/23/2022. (AEM)
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| Filing 3 Summons Issued as to Puma Energy Caribe, LLC (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 1 COMPLAINT (Verified) against Puma Energy Caribe, LLC ( Filing fee $402 receipt number APRDC-7999273.), filed by Ceciliana Service Station, Corp., Secundino Daz Bou. Service due by 2/21/2023, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Summons)(Benitez-Arraiza, Hector) |
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