In Re Application of Caterpillar Credito et al
Petitioner: Caterpillar Credito, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple and Entidad Regulada
Respondent: Banco de San Juan Internacional
Intervenor: Carlos Bellosta-Pallares and Carolina Varady de Bellosta
Interested Party: VMSC Curazao N.V.
Case Number: 3:2022mc00568
Filed: September 26, 2022
Court: US District Court for the District of Puerto Rico
Presiding Judge: Silvia L Carreno-Coll
Referring Judge: Marshal D Morgan
Nature of Suit: Other
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Docket Report

This docket was last retrieved on November 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2023 Filing 103 RESPONSE to Motion at Docket No. 102 filed by Banco de San Juan Internacional Re: #102 INFORMATIVE Motion filed by Caterpillar Credito filed by Banco de San Juan Internacional. (Lecompte-Shiba, Isabel)
November 8, 2023 Filing 102 INFORMATIVE Motion filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 11/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miranda-Rivera, Gabriel)
October 26, 2023 Filing 101 Joint INFORMATIVE Motion regarding - Joint Motion Informing of Parties' Settlement Negotiations filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 11/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel)
October 19, 2023 Filing 100 NOTICE of Appearance and Request for Notice by Stephanie Michelle Shimada on behalf of Caterpillar Credito (Shimada, Stephanie)
October 18, 2023 Opinion or Order Filing 99 ORDER: Noted and Granted #98 Informative motion. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
October 17, 2023 Filing 98 Joint INFORMATIVE Motion regarding Negotiations filed by Gabriel A. Miranda-Rivera on behalf of Banco de San Juan Internacional, Carlos Bellosta-Pallares, Caterpillar Credito, VMSC Curazao N.V., Carolina Varady de Bellosta Responses due by 10/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel)
October 16, 2023 Opinion or Order Filing 97 ORDER: Noted #96 Informative motion. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
October 13, 2023 Filing 96 Joint INFORMATIVE Motion regarding Minute Order filed by Guillermo J. Ramos-Luina on behalf of Banco de San Juan Internacional, Carlos Bellosta-Pallares, Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple, VMSC Curazao N.V., Carolina Varady de Bellosta Responses due by 10/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Luina, Guillermo)
October 13, 2023 Opinion or Order Filing 95 ORDER: Noted #76 Informative motion. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
October 13, 2023 Filing 94 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Oral Argument on Caterpillar Credito's renewed Application for an Order pursuant to 28 U.S.C. 1782 re DE #55 held on 10/13/2023. The hearing was held by video conference. Present at the hearing were Counsel Stephanie Michelle Shimada and Gabriel A. Miranda-Rivera representing the petitioner Caterpillar, and Counsel Isabel LeCompte representing Banco de San Juan International, Counsel Guillermo Ramos-Luia representing Carlos Bellosta and Carolina Varady de Bellosta, and Counsel Gabriel Aizenberg representing VMSC Curazao N.V. SEE PDF FOR DETAILS (Court Reporter ZoomGov.) (Hearing held via VTC.) (aa) Modified on 10/13/2023 to add DE 55 reference (ecc).
October 11, 2023 Opinion or Order Filing 93 ORDER: Granted #92 Motion for Miscellaneous Relief. Oral Argument is re-set for 10/12/2023 at 2:00PM in VTC Bridge MDM before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
October 10, 2023 Filing 92 Emergency MOTION VMSC Curazao NV's Urgent and Unopposed Motion to Reschedule Oral Argument to October 12, 2023 After 2:00 PM filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 10/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Andreu-Collazo, Carlos)
October 10, 2023 Opinion or Order Filing 91 ORDER: Oral Argument on Caterpillar Credito's renewed Application for an Order pursuant to 28 U.S.C. 1782 is set for 10/12/2023 at 10:00 AM in VTC Bridge MDM before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
October 3, 2023 Filing 90 REPLY to Motion filed by Caterpillar Credito Re: #80 MOTION Submitting Memorandum of Law in Support of Application Pursuant to 28 USC 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding re: 79 Order, filed by Caterpillar Credito filed by Caterpillar Credito. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miranda-Rivera, Gabriel)
September 29, 2023 Filing 89 RESPONSE to Motion filed by Banco de San Juan Internacional Re: #80 MOTION Submitting Memorandum of Law in Support of Application Pursuant to 28 USC 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding re: 79 Order, filed by Caterpillar Credito filed by Banco de San Juan Internacional. (Attachments: #1 Exhibit 1)(Lecompte-Shiba, Isabel)
September 29, 2023 Filing 88 RESPONSE to Motion filed by VMSC Curazao N.V. Re: #80 MOTION Submitting Memorandum of Law in Support of Application Pursuant to 28 USC 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding re: 79 Order, filed by Caterpillar Credito filed by VMSC Curazao N.V.. (Attachments: #1 Exhibit 1)(Andreu-Collazo, Carlos)
September 29, 2023 Filing 87 RESPONSE to Motion filed by Carlos Bellosta-Pallares, Carolina Varady de Bellosta Re: #80 MOTION Submitting Memorandum of Law in Support of Application Pursuant to 28 USC 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding re: 79 Order, filed by Caterpillar Credito filed by Carlos Bellosta-Pallares, Carolina Varady de Bellosta. (Attachments: #1 Exhibit Combined Exhibit 1)(Ramos-Luina, Guillermo)
September 27, 2023 Opinion or Order Filing 86 ORDER: Noted #66 Informative motion. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 22, 2023 Opinion or Order Filing 85 ORDER: Noted and Granted #82 Notice of intent to respond; Motion for extension of time. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 22, 2023 Opinion or Order Filing 84 ORDER: Granted #81 Motion for extension of time. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 22, 2023 Opinion or Order Filing 83 ORDER: Noted #80 Motion submitting Memorandum of Law in Support of Application Pursuant to 28 U.S.C. 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Caterpillar Credito. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 21, 2023 Filing 82 NOTICE of Intent to Oppose by Caterpillar Credito re #81 MOTION for extension of time until September 29, 2023 to Respond to Memorandum of Law in Support of Application Pursuant to 28 USC Sec. 1782 for An Order Granting Leave to Obtain Discovery For Use in a Foreign Proceeding (On Behalf of Respondent and I (Miranda-Rivera, Gabriel) Modified on 9/22/2023 to add motion event (ecc).
September 21, 2023 Filing 81 MOTION for extension of time until September 29, 2023 to Respond to Memorandum of Law in Support of Application Pursuant to 28 USC Sec. 1782 for An Order Granting Leave to Obtain Discovery For Use in a Foreign Proceeding (On Behalf of Respondent and Internvenors) filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 10/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Andreu-Collazo, Carlos)
September 19, 2023 Filing 80 MOTION Submitting Memorandum of Law in Support of Application Pursuant to 28 USC 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding re: 79 Order, filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 10/3/2023. 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)(Related document(s) 79 ) (Miranda-Rivera, Gabriel)
September 13, 2023 Opinion or Order Filing 79 ORDER. Caterpillar Credito is hereby ORDERED to file a revised Request for Documents by Tuesday, September 19, 2023. Banco de San Juan Internacional and the intervenors shall then file a Response to the Request for Documents by Tuesday, September 26, 2023. If it deems it necessary, Caterpillar shall then file a Reply thereto by Tuesday, October 3, 2023. No brief shall exceed 15 pages in length. Signed by US Magistrate Judge Marshal D. Morgan on 9/13/2023.(cml)
September 5, 2023 Opinion or Order Filing 78 ORDER REFERRING MOTION: #66 INFORMATIVE Motion regarding Ex Parte Submission filed by Banco de San Juan Internacional to U.S. Magistrate Judge Marshal D. Morgan for disposition. Signed by Judge Silvia L. Carreno-Coll on 9/5/2023. (mcv)
August 30, 2023 Opinion or Order Filing 77 ORDER REFERRING MOTION: #76 Joint INFORMATIVE Motion regarding Status of Curacao Proceeding filed by Carolina Varady de Bellosta, and Carlos Bellosta-Pallares to U.S. Magistrate Judge Marshal D. Morgan for disposition. Signed by Judge Silvia L. Carreno-Coll on 8/30/2023. (mcv)
August 2, 2023 Filing 76 Joint INFORMATIVE Motion regarding Status of Curacao Proceeding filed by Guillermo J. Ramos-Luina on behalf of Carlos Bellosta-Pallares, Carolina Varady de Bellosta Responses due by 8/16/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit June 6, 2023 Ruling by Curacao Court)(Ramos-Luina, Guillermo)
July 5, 2023 Opinion or Order Filing 75 ORDER: Noted #73 Joint informative motion. The Court understands that a decision on the Interim appeal of the Jurisdictional Judgment in the Curaao proceeding was expected on July 4, 2023. The parties shall keep the Court abreast of the status and ruling with respect to that appeal. The Court envisions that it will schedule a hearing to discuss the matters raised at Docket No. #73 but it thinks it prudent to wait for the ruling on the interim appeal before a hearing is scheduled. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
May 24, 2023 Opinion or Order Filing 74 ORDER REFERRING MOTION: #73 Joint MOTION Submitting to eliminate any confusion filed by Caterpillar Credito to U.S. Magistrate Judge Marshal D. Morgan for disposition. Signed by Judge Silvia L. Carreno-Coll on 5/24/2023. (mcv)
May 23, 2023 Filing 73 Joint MOTION Submitting to eliminate any confusion re: #72 Motion Hearing,,, Set Deadlines/Hearings,, filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 6/6/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Related document(s) #72 ) (Miranda-Rivera, Gabriel)
March 23, 2023 Filing 72 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Motion Hearing held on 3/23/2023. Present were Counsel Stephanie Michelle Shimada and Gabriel Miranda representing petitioners, Isabel Lecompte-Shiba, representing Banco de San Juan Internacional (Banco de San Juan), Guillermo Ramos-Luia representing Carlos Bellosta and Carolina Varady de Bellosta, and Gabriel Aizenberg and Carlos Andreu-Collazo representing VMSC Curazao N.V. SEE PDF FOR DETAILS AND DEADLINES. (Court Reporter ZoomGov.) (aa)
March 20, 2023 Opinion or Order Filing 71 ORDER: Noted #60 Motion In Compliance. Signed by Judge Silvia L. Carreno-Coll on 03/20/2023. (MRB)
March 20, 2023 Opinion or Order Filing 70 ORDER: Noted #59 Motion In Compliance. Signed by Judge Silvia L. Carreno-Coll on 03/20/2023. (MRB)
March 20, 2023 Opinion or Order Filing 69 ORDER: Granted #64 Motion to Amend/Correct. The Court hereby amends its prior Order at Docket No. 62 to read as follows: At the same time that Banco de San Juan files ex parte the unredacted copies of: 1) Mr. Carlos Bellosta's monthly bank account statements from the period April 6, 2021, through April 6, 2022, and 2) all communications between the bank and Mr. Bellosta that reflect Mr. Bellosta's location during that same period of time, it shall also file a copy of the redacted documents so that the Court can adequately compare them in camera. IT IS SO ORDERED. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
March 20, 2023 Opinion or Order Filing 68 ORDER: Granted #65 Motion to Restrict. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
March 20, 2023 Opinion or Order Filing 67 ORDER: Granted #63 Motion to Restrict. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
March 17, 2023 Filing 66 ***EX-PARTE*** INFORMATIVE Motion regarding Ex Parte Submission filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional Responses due by 3/31/2023. 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, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lecompte-Shiba, Isabel)
March 17, 2023 Filing 65 MOTION to Restrict Document ExParte Submission filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional, Carlos Bellosta-Pallares Responses due by 3/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lecompte-Shiba, Isabel)
March 16, 2023 Filing 64 ***SELECTED PARTIES***MOTION to Amend/Correct Re: 62 Order,, filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional, Carlos Bellosta-Pallares, Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple, VMSC Curazao N.V., Carolina Varady de Bellosta Responses due by 3/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A (Confidential Agreement))(Related document(s) 62 ) (Lecompte-Shiba, Isabel)
March 16, 2023 Filing 63 MOTION to Restrict Document To be Filed filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional Responses due by 3/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lecompte-Shiba, Isabel)
March 15, 2023 Opinion or Order Filing 62 ORDER. At the same time that Banco de San Juan files ex parte the unredacted copies of: 1) Mr. Carlos Bellosta's monthly bank account statements from the period April 6, 2021, through April 6, 2022,and 2) all communications between the bank and Mr. Bellosta during that same period of time documents, it shall also file a copy of the redacted documents so that the Court can adequately compare them "in camera." Signed by US Magistrate Judge Marshal D. Morgan on 3/15/2023. (cml)
March 13, 2023 Filing 60 Motion In Compliance with Court Order as to 56 Order Referring Motion,,,, filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 3/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 56 ) (Miranda-Rivera, Gabriel)
March 13, 2023 Filing 59 Motion In Compliance filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 3/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Andreu-Collazo, Carlos)
March 8, 2023 Filing 61 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Further Motion Hearing was held on 3/8/2023 via VTC. Present were Counsel Stephanie Michelle Shimada, Carlos A. Valldejuly-Sastre and Gabriel Miranda representing petitioners, Isabel Lecompte representing Banco de San Juan Internacional, Guillermo Ramos-Luina representing Carlos Bellosta and Carolina Varady de Bellosta, and Gabriel Aizenberg representing VMSC Curazao N.V. SEE PDF FOR DETAILS AND DEADLINES. A Further Motion Hearing was set for 3/23/2023 at 9:00 AM via VTC before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. (Court Reporter DCR/ ZoomGov Recording.) (mig)
March 8, 2023 Opinion or Order Filing 57 ORDER REFERRING MOTION: #55 INFORMATIVE Motion regarding Impasse to U.S. Magistrate Judge Marshal D. Morgan for disposition. Signed by Judge Silvia L. Carreno-Coll on 3/8/2023. (mcv)
March 8, 2023 Opinion or Order Filing 56 AMENDED ORDER REFERRING MOTION: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery. In light of the parties' good-faith discussions towards resolving the Application for an Order Pursuant to 28 U.S.C. 1782 at Docket No. #1 , the Court hereby amends its referral at Docket No. 44 in that all pending discovery disputes are now referred to U.S. Magistrate Judge Marshal D. Morgan for disposition. Moreover, the Court encourages the parties to revisit their stances on having this matter referred to U.S. Magistrate Judge Morgan for all further proceedings, including the entry of Judgment, if applicable, given his comprehensive understanding of this intricate dispute. The parties are therefore ORDERED to, by 3/13/2023, inform the Court whether they consent to U.S. Magistrate Judge jurisdiction for all further proceedings, including the entry of Judgment, if applicable. Signed by Judge Silvia L. Carreno-Coll on 3/8/2023. (mcv)
March 8, 2023 Filing 55 INFORMATIVE Motion regarding Impasse, MOTION Submitting Revised and Narrower Proposed Subpoena re: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 3/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - Revised Proposed Subpoena, #2 Exhibit b - Mastecard Agreement BSJI)(Related document(s) #1 ) (Miranda-Rivera, Gabriel)
March 3, 2023 Filing 58 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Motion Hearing held on 3/3/2023 via VTC. Present were Counsel Stephanie Michelle Shimada, Carlos A. Valldejuly-Sastre and Gabriel Miranda representing petitioners, Isabel Lecompte representing Banco de San Juan International, Guillermo Ramos-Luia representing Carlos Bellosta and Carolina Varady de Bellosta, counsel Carlos Andreu-Collado and Gabriel Aizenberg representing VMSC Curazao N.V. SEE PDF FOR DETAILS. Further Motion Hearing was set for 3/8/2023 at 9:00 AM via VTC before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. (Court Reporter DCR/ ZoomGov Recording.) (mig)
February 14, 2023 Filing 54 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: A Motion Hearing was held on 2/14/2023 via VTC. Present were Counsel Stephanie Michelle Shimada and Carlos A. Valldejuly-Sastre representing petitioners, Counsel Isabel LeCompte representing Banco de San Juan International, Counsel Guillermo Ramos-Luia representing Carlos Bellosta and Carolina Varady de Bellosta, and Counsel Carlos Andreu-Collado and Gabriel Aizenberg representing VMSC Curazao N.V. SEE PDF FOR DETAILS. Further Motion Hearing was set for 3/3/2023 at 9:00 AM via VTC before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. A transcript of todays hearing was ordered by the Court to be prepared within thirty (30) days. (Court Reporter DCR/ ZoomGov Recording.) (mig) Modified on 2/23/2023 to edit hearing date (ecc).
February 14, 2023 Filing 53 NOTICE TO PRO HAC VICE Stephanie M. Shimada, Esq. re: 52 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)
February 13, 2023 Opinion or Order Filing 52 ORDER: Granted #51 Motion to Appear PHV. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
February 11, 2023 Filing 51 Motion to allow Stephanie Shimada to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8092882) filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 2/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel)
January 31, 2023 Opinion or Order Filing 50 ORDER: A Motion Hearing is set for 2/14/2023 at 9:00 AM via VTC before US Magistrate Judge Marshal D. Morgan. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by US Magistrate Judge Marshal D. Morgan on 1/31/2023.(mig)
January 13, 2023 Opinion or Order Filing 49 ORDER: Noted #47 Motion In Compliance. Signed by Judge Silvia L. Carreno-Coll on 01/13/2023. (MRB)
January 13, 2023 Opinion or Order Filing 48 ORDER: Noted #46 Motion In Compliance. Signed by Judge Silvia L. Carreno-Coll on 01/13/2023. (MRB)
January 13, 2023 Filing 47 Motion In Compliance as to 44 Order Referring Motion,,, Set Deadlines/Hearings,, filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional Responses due by 1/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Lecompte-Shiba, Isabel)
January 12, 2023 Filing 46 Motion In Compliance as to 44 Order Referring Motion,,, Set Deadlines/Hearings,, filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito Responses due by 1/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 44 ) (Miranda-Rivera, Gabriel)
December 29, 2022 Filing 45 MEMORANDUM OF THE CLERK: By Order of Judge Silvia Carreno-Coll (Docket No. 44), the #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782, has been randomly referred to U.S. Magistrate Judge Marshal D. Morgan for Report and Recommendation. Signed by Clerk on 12/29/2022. (gr)
December 29, 2022 Opinion or Order Filing 44 ORDER REFERRING MOTION: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding. The matter is referred to a Magistrate Judge for a Report and Recommendation. The Magistrate Judge may hold a hearing regarding the matter. Further, the Parties shall inform the Court, by 1/13/2023 if they consent to Magistrate Judge jurisdiction. The Parties shall bear in mind that the Court's criminal calendar is very congested. Signed by Judge Silvia L. Carreno-Coll on 12/29/2022. (mcv)
December 28, 2022 Opinion or Order Filing 43 ORDER: Finding as moot #40 Notice of Intent to Oppose Motions for Leave. The Court has granted the motions for leave to file. See Docket Nos. 41 and 42 . Signed by Judge Silvia L. Carreno-Coll on 12/28/2022. (MRB)
December 28, 2022 Opinion or Order Filing 42 ORDER: Granting #36 Motion for Leave to File Surreply. The Surreply tendered at Docket No. 36-1 is deemed part of the record. Signed by Judge Silvia L. Carreno-Coll on 12/28/2022. (MRB)
December 27, 2022 Opinion or Order Filing 41 ORDER: Granting #35 Motion for Leave to File Surreply. The tendered Surreply at Docket No. 35-1 is deemed part of the record. Signed by Judge Silvia L. Carreno-Coll on 12/27/2022. (MRB)
December 27, 2022 Filing 40 MOTION Submitting Notice of Intent to Oppose Motions for Leave to File Sur-Replies re: #36 MOTION for Leave to File Document Surreply or, in the Alternative MOTION to Strike Re: #32 Reply to Motion,, filed by Caterpillar Credito filed by VMSC Curazao N.V., #35 MOTION for Leave to File Document - Sur-Reply filed by Carolina Varady de Bellosta, Carlos Bellosta-Pallares filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito 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) #36 , #35 ) (Miranda-Rivera, Gabriel)
December 27, 2022 Opinion or Order Filing 39 ORDER: Noted #34 Informative Motion. Signed by Judge Silvia L. Carreno-Coll on 12/27/2022. (MRB)
December 27, 2022 Opinion or Order Filing 38 ORDER: Granting #33 Motion In Compliance; and granting #33 Motion for Extension of Time. Signed by Judge Silvia L. Carreno-Coll on 12/27/2022. (MRB)
December 27, 2022 Opinion or Order Filing 37 ORDER: Noted #31 Motion Submitting Corrected Declaration. Signed by Judge Silvia L. Carreno-Coll on 12/27/2022. (MRB)
December 22, 2022 Filing 36 MOTION for Leave to File Document Surreply or, in the Alternative, MOTION to Strike Re: #32 Reply to Motion,, filed by Caterpillar Credito filed by Gabriel Aizenberg on behalf of VMSC Curazao N.V. Responses due by 1/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 VMSC Surreply)(Related document(s) #32 ) (Aizenberg, Gabriel)
December 22, 2022 Filing 35 MOTION for Leave to File Document - Sur-Reply filed by Guillermo J. Ramos-Luina on behalf of Carlos Bellosta-Pallares, Carolina Varady de Bellosta Responses due by 1/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - Tendered Sur-Reply)(Ramos-Luina, Guillermo)
December 19, 2022 Filing 34 INFORMATIVE Motion regarding VMSC's Non Objection to Petitioner's Request for a One-Day Extension to file Omnibus Reply filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 1/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Andreu-Collazo, Carlos)
December 15, 2022 Filing 33 Motion In Compliance (to deem the Omnibus Reply as timely), or in the alternative, MOTION for extension of time until December 15, 2022 to file Omnibus Reply filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple Responses due by 12/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel)
December 15, 2022 Filing 32 REPLY to Motion - Omnibus Reply in Support of Ex Parte Application filed by Caterpillar Credito Re: #29 MOTION for Leave to File Document - Motion for Leave to File Omnibus Reply and To Exceed Page Limit filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by Caterpillar Credito. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit 2)(Miranda-Rivera, Gabriel)
December 7, 2022 Filing 31 MOTION Submitting Corrected Declaration re: #27 Response to Motion,,, filed by Carolina Varady de Bellosta, Carlos Bellosta-Pallares filed by Guillermo J. Ramos-Luina on behalf of Carlos Bellosta-Pallares, Carolina Varady de Bellosta Responses due by 12/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix Corrected Declaration of Rogier van den Heuvel)(Related document(s) #27 ) (Ramos-Luina, Guillermo)
December 5, 2022 Opinion or Order Filing 30 ORDER: Granting #29 Motion for Leave to File to File Reply and Exceed Page Limit. Petitioners' Omnibus Reply is due by 12/14/2022. Signed by Judge Silvia L. Carreno-Coll on 12/5/2022. (MRB)
November 30, 2022 Filing 29 MOTION for Leave to File Document - Motion for Leave to File Omnibus Reply and To Exceed Page Limit filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple Responses due by 12/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Miranda-Rivera, Gabriel)
November 21, 2022 Filing 28 RESPONSE to Motion filed by VMSC Curazao N.V. Re: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by VMSC Curazao N.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Andreu-Collazo, Carlos)
November 21, 2022 Filing 27 RESPONSE to Motion filed by Carlos Bellosta-Pallares, Carolina Varady de Bellosta Re: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by Carlos Bellosta-Pallares, Carolina Varady de Bellosta. (Attachments: #1 Exhibit 1 - Declaration of Carlos Jose Bellosta, #2 Exhibit 2 - WD Wash. 1782 Application, #3 Exhibit 3 - WD Wash. Order on TRO, #4 Exhibit 4 - WD Wash. CAT Opp. to TRO, #5 Exhibit 5 - SDNY 1782 Application, #6 Exhibit 6 - D Del. 1782 Application.pdf, #7 Exhibit 7 - Rogier van den Heuvel Declaration, #8 Exhibit 8 - WD Wash. Order on Protective Order)(Ramos-Luina, Guillermo)
November 21, 2022 Filing 26 RESPONSE to Motion 1782 Application filed by Banco de San Juan Internacional Re: #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by Banco de San Juan Internacional. (Lecompte-Shiba, Isabel)
November 11, 2022 Filing 25 NOTICE of Appearance by Gabriel Aizenberg on behalf of VMSC Curazao N.V. (Aizenberg, Gabriel)
November 8, 2022 Filing 24 NOTICE TO PRO HAC VICE Gabriel Aizenberg, Esq. re: 23 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)
November 8, 2022 Opinion or Order Filing 23 ORDER: Granting #22 Motion to Appear PHV as to Attorney Gabriel Aizenberg. Signed by Judge Silvia L. Carreno-Coll on 11/8/2022. (MRB)
November 4, 2022 Filing 22 Motion to allow Gabriel Aizenberg to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7979652) filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 11/18/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order)(Andreu-Collazo, Carlos)
November 3, 2022 Opinion or Order Filing 21 ORDER: Granting #19 Motion for Extension of Time. Banco de San Juan Internacional's Response to the Application at Docket No. #1 is due by 11/21/2022. Should Petitioners want to file a reply, they may do so with prior leave of Court, no later than fourteen (14) days after Banco de San Juan Internacional files its Response. Signed by Judge Silvia L. Carreno-Coll on 11/3/2022. (MRB)
November 3, 2022 Opinion or Order Filing 20 ORDER: Granting #18 Motion for Miscellaneous Relief. VMSC's Response to the Application at Docket No. #1 is due by 11/21/2022. Should Petitioners want to file a reply, they may do so with prior leave of Court, no later than fourteen (14) days after VMSC has filed its response. Signed by Judge Silvia L. Carreno-Coll on 11/3/2022. (MRB)
November 2, 2022 Filing 19 Consent MOTION for Extension of Time until November 21, 2022 to File Response/Reply as to #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding filed by Sociedad Anonima de Capital Variable, Caterpillar Credito, Sociedad Financiera de Objeto Multiple, Entidad Regulada filed by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional Responses due by 11/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Lecompte-Shiba, Isabel)
October 31, 2022 Filing 18 Consent MOTION to Join Co-Respondents' Mr. and Mrs. Bellosta's Briefing Schedule filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 11/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Andreu-Collazo, Carlos)
October 26, 2022 Opinion or Order Filing 17 ORDER: Granting #15 Mr. and Mrs. Bellosta's Motion to Intervene. Mr. and Mrs. Bellosta's Response to the Application at Docket No. #1 is due by 11/21/2022. Should Petitioners want to file a reply, they may do so with prior leave of Court, see Local Rule 7(c), no later than fourteen (14) days after Mr. and Mrs. Bellosta file their Response. 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 10/26/2022. (MRB)
October 26, 2022 Opinion or Order Filing 16 ORDER: Granting #14 VMSC's Motion to Intervene. VMSC's Response to the Application at Docket No. #1 is due by 11/7/2022. Should Petitioners want to file a reply, they may do so with prior leave of Court, no later than fourteen (14) days after VMSC has filed its response. 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 10/26/2022. (MRB)
October 25, 2022 Filing 15 Consent MOTION to Intervene and to Set Briefing Schedule filed by Guillermo J. Ramos-Luina on behalf of Carlos Bellosta-Pallares, Carolina Varady de Bellosta Responses due by 11/8/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Luina, Guillermo)
October 11, 2022 Filing 14 Consent MOTION to Intervene and for Entry of a Briefing Schedule on VMSC's Putative Response in Opposition to Petitioner's 1782 Application filed by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. Responses due by 10/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Andreu-Collazo, Carlos)
October 11, 2022 Filing 13 NOTICE of Appearance by Carlos J. Andreu-Collazo on behalf of VMSC Curazao N.V. (Andreu-Collazo, Carlos)
October 6, 2022 Opinion or Order Filing 12 ORDER: Noted and approved #11 Motion Submitting Certified English Translations. The tendered certified translations at Docket Nos. [11-1] and [11-2] are deemed part of the record. Signed by Judge Silvia L. Carreno-Coll on 10/6/2022. (MRB)
October 6, 2022 Filing 11 MOTION Submitting Certified English Translations re: 8 Order on Motion for Leave to File Spanish language documents,, Order on Motion for Extension of Time, filed by Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple Responses due by 10/20/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) 8 ) (Miranda-Rivera, Gabriel)
October 5, 2022 Opinion or Order Filing 10 ORDER: Granting #5 Motion for Leave to File Response. See attached. Banco de San Juan Internacional's Response to the Application at Docket No. #1 is due by 11/7/2022. 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 10/05/2022. (MRB)
October 5, 2022 Opinion or Order Filing 9 ORDER: Granting #7 Motion for Leave to File. The tendered reply at Docket No. [7-1] is deemed filed. Signed by Judge Silvia L. Carreno-Coll on 10/05/2022. (MRB)
October 5, 2022 Opinion or Order Filing 8 ORDER: Granting #2 Motion for Leave to File Spanish language documents; and granting #2 Motion for extension of time. Certified English Translations due by 10/11/2022. Signed by Judge Silvia L. Carreno-Coll on 10/05/2022. (MRB)
September 30, 2022 Filing 7 MOTION for Leave to File Document filed by Sonia Torres-Pabon on behalf of Banco de San Juan Internacional Responses due by 10/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Reply to "Opposition to Emergency Motion Requesting Leave and Briefing Schedule to Respond to Ex Parte Application")(Torres-Pabon, Sonia)
September 29, 2022 Filing 6 RESPONSE to Motion - Opposition to Emergency Motion Requesting Leave and Briefing Schedule to Respond to Ex Parte Application filed by Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple Re: #5 MOTION for Leave to File Document filed by Banco de San Juan Internacional filed by Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple. (Miranda-Rivera, Gabriel)
September 28, 2022 Filing 5 Emergency MOTION requesting Leave and a Brief Schedule to Respond to #1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding, filed by Sonia Torres-Pabon, Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional. Responses due by 10/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc)
September 28, 2022 Filing 4 NOTICE of Appearance by Isabel C. Lecompte-Shiba on behalf of Banco de San Juan Internacional. (ecc)
September 28, 2022 Filing 3 NOTICE of Appearance by Sonia Torres-Pabon on behalf of Banco de San Juan Internacional. (ecc)
September 26, 2022 Filing 2 MOTION for Leave to File Spanish language documents, MOTION for extension of time of 15 days to Submit Certified Translations filed by Carlos A. Valldejuly-Sastre, Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple Responses due by 10/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc)
September 26, 2022 Filing 1 APPLICATION for an Order Pursuant to 28 U.S.C. 1782 Requesting Leave to Obtain Discovery for Use in a Foreign Proceeding (Filing Fee - Receipt 101570 - $49) filed by Carlos A. Valldejuly-Sastre and Gabriel A. Miranda-Rivera on behalf of Caterpillar Credito, Entidad Regulada, Sociedad Anonima de Capital Variable, Sociedad Financiera de Objeto Multiple. Responses due by 10/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc) Modified on 9/26/2022 to add filing fee information (ecc). (Main Document 1 replaced on 9/27/2022) (ecc). (Additional attachment(s) added on 9/27/2022: #1 Memorandum of Law) (ecc). Modified on 9/29/2022 to add attachment and edit DE title(ecc).

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Search for this case: In Re Application of Caterpillar Credito et al
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Petitioner: Caterpillar Credito
Represented By: Carlos A. Valldejuly-Sastre
Represented By: Gabriel A. Miranda-Rivera
Represented By: Stephanie Michelle Shimada
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Petitioner: Sociedad Anonima de Capital Variable
Represented By: Carlos A. Valldejuly-Sastre
Represented By: Gabriel A. Miranda-Rivera
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Petitioner: Sociedad Financiera de Objeto Multiple
Represented By: Carlos A. Valldejuly-Sastre
Represented By: Gabriel A. Miranda-Rivera
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Petitioner: Entidad Regulada
Represented By: Carlos A. Valldejuly-Sastre
Represented By: Gabriel A. Miranda-Rivera
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Respondent: Banco de San Juan Internacional
Represented By: Isabel C. Lecompte-Shiba
Represented By: Sonia Torres-Pabon
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Intervenor: Carlos Bellosta-Pallares
Represented By: Guillermo J. Ramos-Luina
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Intervenor: Carolina Varady de Bellosta
Represented By: Guillermo J. Ramos-Luina
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Interested party: VMSC Curazao N.V.
Represented By: Carlos J. Andreu-Collazo
Represented By: Gabriel Aizenberg
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