Bancredito Holding Corporation v. Zequeira et al
| Bancredito Holding Corporation |
| Natalia I. Zequeira and Office of Commissioner of Financial Institutions of Puerto Rico |
| 3:2022cv01644 |
| December 28, 2022 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Bruce J McGiverin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 74 JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 4/3/2023. (AEM) |
Filing 73
ORDER: Noting #69 "Notice of Voluntary Dismissal With Prejudice." Plaintiff's claims are dismissed with prejudice. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 4/3/2023. (AEM)
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Filing 72
ORDER granting #66 Motion to Restrict. Signed by US Magistrate Judge Bruce J. McGiverin on April 3, 2023. (McGiverin, Bruce)
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Filing 71
ORDER granting #64 Motion to Restrict. Signed by US Magistrate Judge Bruce J. McGiverin on April 3, 2023. (McGiverin, Bruce)
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Filing 70
ORDER granting #59 Motion to Restrict. Signed by US Magistrate Judge Bruce J. McGiverin on April 3, 2023. (McGiverin, Bruce)
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| Filing 69 NOTICE of Voluntary Dismissal by Bancredito Holding Corporation (Estrella, Alberto) |
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Filing 68
ORDER noted and granted #65 INFORMATIVE motion. The parties shall file settlement documents or inform the status by March 20, 2023. Signed by US Magistrate Judge Bruce J. McGiverin on March 13, 2023. (McGiverin, Bruce)
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Filing 67
ORDER noted and granted #63 INFORMATIVE motion. Signed by US Magistrate Judge Bruce J. McGiverin on March 1, 2023. (McGiverin, Bruce)
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| Filing 66 MOTION to Restrict Document filed by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation Responses due by 3/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 65 **CASE PARTICIPANTS** INFORMATIVE Motion filed by Stephanie Michelle Vilella-Alonso on behalf of All Parties. Responses due by 3/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) Modified on 2/27/2023 to add filers (mcm). |
| Filing 64 Joint MOTION to Restrict Document filed by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation Responses due by 2/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 63 **CASE PARTICIPANTS**Joint INFORMATIVE Motion filed by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation Responses due by 2/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
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Filing 62
ORDER granting #48 Motion to Withdraw as Attorney. Attorney Moraima S. Rios-Robles terminated. Signed by US Magistrate Judge Bruce J. McGiverin on February 9, 2023. (McGiverin, Bruce)
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Filing 61
ORDER granting as requested #58 Motion to Stay. The parties shall file an informative motion by February 14, 2023. Signed by US Magistrate Judge Bruce J. McGiverin on February 1, 2023. (McGiverin, Bruce)
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Filing 60
ORDER granting #56 Motion for Leave to File. Signed by US Magistrate Judge Bruce J. McGiverin on January 30, 2023. (McGiverin, Bruce)
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| Filing 59 Joint MOTION to Restrict Document Joint Motion Requesting Brief Stay of Action (ECF No. 58) filed by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation Responses due by 2/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 58 **CASE PARTICIPANTS**Joint MOTION to Stay filed by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation Responses due by 2/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vilella-Alonso, Stephanie) |
| Filing 57 MOTION for the Court to take Judicial Notice filed by Kenneth C. Suria-Rivera on behalf of Bancredito Holding Corporation Responses due by 2/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Suria-Rivera, Kenneth) |
| Filing 56 MOTION for Leave to File Document in Excess of Pages filed by Alberto G. Estrella on behalf of Bancredito Holding Corporation Responses due by 2/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Estrella, Alberto) |
| Filing 55 RESPONSE to Motion filed by Bancredito Holding Corporation Re: #30 MOTION to Dismiss for Failure to State a Claim and under the Burford and Younger abstentions filed by Natalia I. Zequeira, Office of Commissioner of Financial Institutions of Puerto Rico filed by Bancredito Holding Corporation. (Estrella, Alberto) |
| Filing 54 NOTICE of Filing Exhibits Certified Translations re #33 Response to Motion, filed by Natalia I. Zequeira, Office of Commissioner of Financial Institutions of Puerto Rico (Attachments: #1 Exhibit 1 (Certified Translation), #2 Exhibit 3 (Certified Translation)) (Lopez-Guzman, Heriberto) Modified on 1/27/2023 to edit docket tile (mcm). |
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Filing 53
ORDER granting #38 Motion to Substitute Attorney. Attorney Sonia Torres-Pabon terminated. Signed by US Magistrate Judge Bruce J. McGiverin on January 25, 2023. (McGiverin, Bruce)
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Filing 52
ORDER finding as moot #29 Motion for extension of time. Signed by US Magistrate Judge Bruce J. McGiverin on January 25, 2023. (McGiverin, Bruce)
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Filing 51
ORDER granting as requested #36 Motion for extension of time. Signed by US Magistrate Judge Bruce J. McGiverin on January 25, 2023. (McGiverin, Bruce)
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Filing 50
ORDER finding as moot #19 Motion to Substitute Attorney. Signed by US Magistrate Judge Bruce J. McGiverin on January 25, 2023. (McGiverin, Bruce)
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Filing 49
ORDER noted and granted #24 Motion to Withdraw Document #24 MOTION to Withdraw Document Motion to Substitute Counsel re: #19 MOTION to Substitute Local Counsel for Attorney Moraima S. Rios-Robles filed by Bancredito Holding Corporation. The motion at DE 19 is withdrawn. Signed by US Magistrate Judge Bruce J. McGiverin on January 25, 2023. (McGiverin, Bruce)
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| Filing 48 MOTION to Withdraw Attorney as to Moraima S. Rios-Robles filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 2/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rios-Robles, Moraima) |
| Filing 47 MOTION for Leave to File Spanish language documents, MOTION for Extension of Time to File Translations filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 2/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto). Added MOTION for Extension of Time on 1/25/2023 (mcm). |
| Filing 46 NOTICE of Appearance by Kenneth C. Suria-Rivera on behalf of Bancredito Holding Corporation (Suria-Rivera, Kenneth) |
| Filing 45 Second MOTION for Judicial Notice filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 2/7/2023. 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)(Lopez-Guzman, Heriberto) |
| Filing 44 NOTICE of Appearance of Counsel by Alberto G. Estrella on behalf of Bancredito Holding Corporation (Estrella, Alberto) |
| Filing 43 NOTICE of Appearance by Stephanie Michelle Vilella-Alonso on behalf of Bancredito Holding Corporation (Vilella-Alonso, Stephanie) |
| Filing 42 MOTION for Leave to File Document Reply in Further Support of Motion for Order to Show Cause filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rios-Robles, Moraima) |
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Filing 41
ORDER noted #22 Motion In Compliance. Signed by US Magistrate Judge Bruce J. McGiverin on January 20, 2023. (McGiverin, Bruce)
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| Filing 40 MOTION for Leave to File Document (exhibits in Spanish) filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 2/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto) |
| Filing 39 MOTION for judicial knowledge filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 2/2/2023. 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)(Lopez-Guzman, Heriberto) |
| Filing 38 MOTION to Substitute Renewed Attorney Sonia Torres-Pabon filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 2/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 37 RESPONSE to Motion Opposition to Second Motion for Extension of Time filed by Bancredito Holding Corporation Re: #36 Second MOTION for extension of time until 01-26-2023 to oppose Plaintiff's request for preliminary injunction filed by Natalia I. Zequeira, Office of Commissioner of Financial Institutions of Puerto Rico filed by Bancredito Holding Corporation. (Rios-Robles, Moraima) |
| Filing 36 Second MOTION for extension of time until 01-26-2023 to oppose Plaintiff's request for preliminary injunction filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 1/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto) |
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Filing 35
ORDER REFERRING: #30 "Motion to Dismiss the Complaint" and the motion at Docket No. #31 , as well as any further matter or motion(s) 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 1/17/2023. (AEM)
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| Filing 34 MOTION for Leave to File Spanish language documents, MOTION for Extension of Time to File Certified Translations filed by Heriberto Lopez-Guzman on behalf of Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira Responses due by 1/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto). Added MOTION for Extension of Time on 1/17/2023 (mcm). |
| Filing 33 RESPONSE to Motion filed by All Defendants Re: #31 MOTION for Order to Show Cause as to Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira filed by Bancredito Holding Corporation filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lopez-Guzman, Heriberto) |
| Filing 32 ***FILED IN ERROR as per Counsel's request. Document will be re-filed.*** RESPONSE to Motion filed by All Defendants Re: #31 MOTION for Order to Show Cause as to Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira filed by Bancredito Holding Corporation filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lopez-Guzman, Heriberto) Modified on 1/17/2023 (mcm). |
| Filing 31 MOTION for Order to Show Cause as to Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 1/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Declaration of Robin Rathmell, #2 Exhibit Exhibit A to Declaration of Robin Rathmell, #3 Text of Proposed Order Proposed Order to Show Cause)(Rios-Robles, Moraima) |
| Filing 30 MOTION to Dismiss for Failure to State a Claim and under the Burford and Younger abstentions filed by Heriberto Lopez-Guzman on behalf of All Defendants Responses due by 1/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto) |
| Filing 29 MOTION for extension of time until 01/19/2023 to prepare its response to the preliminary injunction requested by Plaintiff. filed by Heriberto Lopez-Guzman on behalf of Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira Responses due by 1/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Guzman, Heriberto) |
| Filing 28 NOTICE of Appearance by Heriberto Lopez-Guzman on behalf of Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira (Lopez-Guzman, Heriberto) |
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Filing 27
MEMORANDUM OF THE CLERK: In view of the order entered by Judge Raul M. Arias-Marxuach (Docket No. 26), this case has been randomly reassigned within the Case Assignment System to the docket of Judge Pedro A. Delgado-Hernandez. Signed by Clerk on 01/09/2023. (ft)
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Filing 26
ORDER denying #25 Motion for Reconsideration. Plaintiff has not identified a manifest error of law, newly discovered evidence, or any other circumstance such as a change in controlling law to warrant granting reconsideration of the order of recusal. See United States v. Pena-Fernandez, 394 F.Supp.3d 205, 207 (D.P.R. 2019) (quoting Biltcliffe v. CitiMortgage, Inc., 772 F.3d 925, 930 (1st Cir. 2014)). Moreover, I am unpersuaded that having the same judge preside over this case and United States v. Vazquez-Garced et al., 22-cr-00342, is necessary to expeditiously and efficiently handle either case. The case shall be randomly reassigned to another District Judge. Signed by Judge Raul M. Arias-Marxuach on 1/9/2023. (mrr)
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| Filing 25 MOTION for Reconsideration re 23 Order of Recusal, filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 23 ) (Torres-Pabon, Sonia) |
| Filing 24 MOTION to Withdraw Document Motion to Substitute Counsel re: #19 MOTION to Substitute Local Counsel for Attorney Moraima S. Rios-Robles filed by Bancredito Holding Corporation filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 1/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #19 ) (Rios-Robles, Moraima) |
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Filing 23
ORDER OF RECUSAL. Pursuant to 28 U.S.C. sec. 455(a0 and my Standing Order of Disqualification, I hereby recuse myself from participating in this case due to Attorney Moraima S. Rios-Robles' appearance for plaintiff. Signed by Judge Raul M. Arias-Marxuach on 1/6/2023. (nat)
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| Filing 22 Motion In Compliance as to #11 Memorandum & Opinion, filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 1/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Evidence of Service of TRO and Order on DOJ)(Related document(s) #11 ) (Rios-Robles, Moraima) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Bancredito Holding Corporation. Office of Commissioner of Financial Institutions of Puerto Rico waiver sent on 1/4/2023, answer due 3/6/2023. (Rios-Robles, Moraima) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Bancredito Holding Corporation. Natalia I. Zequeira waiver sent on 1/4/2023, answer due 3/6/2023. (Rios-Robles, Moraima) |
| Filing 19 MOTION to Substitute Local Counsel for Attorney Moraima S. Rios-Robles filed by Moraima S. Rios-Robles on behalf of Bancredito Holding Corporation Responses due by 1/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rios-Robles, Moraima) |
| Filing 18 NOTICE of Appearance by Lilly Ann Sanchez on behalf of Bancredito Holding Corporation (Sanchez, Lilly) |
| Filing 17 NOTICE TO PRO HAC VICE Albert Mishaan, Jason Short, Robin Rathmell and Lilly Ann Sanchez re: 13 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. (rim) |
| Filing 16 NOTICE of Appearance by Robin Rathmell on behalf of Bancredito Holding Corporation (Rathmell, Robin) |
| Filing 15 NOTICE of Appearance by Albert Mishaan on behalf of Bancredito Holding Corporation (Mishaan, Albert) |
| Filing 14 NOTICE of Appearance by Jason Short on behalf of Bancredito Holding Corporation (Short, Jason) |
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Filing 13
ORDER granting #4 #5 #6 #9 Motions to Appear PHV. Attorneys Albert Mishaan, Jason Short, Robin Rathmell and Lilly Ann Sanchez are admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 12/30/2022. (aa)
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| Filing 12 MEMORANDUM OF THE CLERK. By Order of Judge Raul M. Arias-Marxuach (Docket No. 11, p. 4), this case has been randomly referred within the Case Assignment System to U.S. Magistrate Judge Bruce J. McGiverin for a report and recommendation on the pending motion for preliminary injunction and all pre-trial proceedings. Signed by Clerk on 12/29/2022. (gr) |
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Filing 11
MEMORANDUM AND ORDER denying in part and holding in abeyance in part #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Bancredito Holding Corporation. The case is referred to a Magistrate Judge for a report and recommendation on the pending motion for preliminary injunction and all pre-trial proceedings. Signed by Judge Raul M. Arias-Marxuach on 12/29/2022. (gr)
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| Filing 10 SUMMONS Returned Executed Department of Justice by Bancredito Holding Corporation upon Bancredito Holding Corporation served on 12/29/2022, answer due 1/19/2023. (Torres-Pabon, Sonia) |
| Filing 9 Motion to allow Lilly Ann Sanchez to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8039705) filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/12/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 8 SUMMONS Issued as to Office of Commissioner of Financial Institutions of Puerto Rico and Natalia I. Zequeira. (Attachments: #1 Summons) (vdm) |
| Filing 7 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Raul M. Arias-Marxuach. (vdm) |
| Filing 6 Motion to allow Robin Rathmell to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8039004) filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 5 Motion to allow Jason Short to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8038980) filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 4 Motion to allow Albert Mishaan to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8038916) filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Pabon, Sonia) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Sonia Torres-Pabon on behalf of Bancredito Holding Corporation Responses due by 1/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Memorandum of Law, #2 Declaration Luis A. Zapata, #3 Declaration in Support of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Text of Proposed Order TRO, #12 Text of Proposed Order Preliminary Injunction, #13 Text of Proposed Order Show Cause)(Torres-Pabon, Sonia) |
| Filing 2 Corporate Disclosure Statement byBancredito Holding Corporation. (Torres-Pabon, Sonia) |
| Filing 1 COMPLAINT against Office of Commissioner of Financial Institutions of Puerto Rico, Natalia I. Zequeira ( Filing fee $402 receipt number APRDC-8038764.), filed by Bancredito Holding Corporation. Service due by 3/28/2023, (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Civil Cover Sheet Civil Cover Sheet, #8 Category Sheet Category Sheet, #9 Summons Summons Natalia I. Zequeira, #10 Summons Summons OCIF, #11 Summons Summons Department of Justice)(Torres-Pabon, Sonia) Modified on 12/29/2022 to correct docket title text (mg). |
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