Perez-Arritola v. Plaza de Diego, S.E. et al
| Mr. David J Perez-Arritola and David J. Perez-Arritola |
| Plaza de Diego, S.E., Carlos L Garca-Muiz, Garca-Sol Conjugal Partnership, MAC Development Corp., Individual Account of Carlos L. Garca-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Miguel A Ramos-Lozada, Ramos-Hernndez Conjugal Partnership, De Diego Village LLC, De Diego Village Holding Inc., Puerto Rico Housing Finance Authority, U.S. Department of Housing and Urban Development, Carlos L. Garcia-Muniz, Garcia-Sola Conjugal Partnership, Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Miguel A. Ramos-Lozada, Ramos-Hernandez Conjugal Partnership, Carmen A. Sola-Morales and Maria M. Hernandez-Solivan |
| 3:2023cv01204 |
| April 27, 2023 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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Filing 64
ORDER: Granting #63 "Motion Requesting Short Extension of Time." Response due October 4, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 9/22/2023. (AEM)
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| Filing 63 MOTION for extension of time until October 4, 2023 to file Opposition filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 10/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ferrer-Medina, Luis) |
| Filing 62 NOTICE of Filing Exhibits Certified Translation of Docket Entry #56-1 and Substitute Document for Docket Entry #56-1 (Attachments: #1 Exhibit Certified Translation of Partnership Agreement of Plaza de Diego, S.E., #2 Exhibit Copy of Spanish Original of Partnership Agreement of Plaza De Diego, S.E.) (Santana-Aparicio, Roberto) |
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Filing 61
ORDER: Granting #60 "Motion for Final Extension of Time to File Translation of Exhibit." Translation due September 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 9/7/2023. (AEM)
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| Filing 60 Final MOTION for Extension of Time until 09-12-2023 to file translation to Exhibit 56-1(Plaza de Diego's Partnership Agreement) filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 9/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
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Filing 59
ORDER re: #57 "Motion Requesting a Case Management Order." The request to file a single motion in response to the motions to dismiss at Docket Nos. #41 , #50 , #54 , and #56 , and for an extension of time to do so, is GRANTED. Response due September 22, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 8/31/2023. (AEM)
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Filing 58
ORDER re: #55 "Omnibus Motion for Leave to File Motion in Excess of 25 Pages and Motion Requesting Term to Submit Certified Translations." The request for leave to file in excess pages and for an extension of time to file a certified translation of the partnership agreement is GRANTED. Translation due September 5, 2023. The request that the court order De Diego Village LLC to submit certified translations of any Puerto Rico Supreme Court cases or excerpts cited in the motion, as the court may deem necessary, is NOTED. Signed by Judge Pedro A. Delgado-Hernandez on 8/31/2023. (AEM)
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| Filing 57 MOTION requesting Order for Case Management and MOTION for Extension until Sept. 22 to File Opposition filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 9/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ferrer-Medina, Luis). Added MOTION for extension of time on 8/29/2023 (mcm). |
| Filing 56 MOTION to Dismiss/Lack of Jurisdiction as to De Diego Village LLC, MOTION to Dismiss for Failure to State a Claim filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 8/29/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Plaza de Diego Partnership Agreement)(Santana-Aparicio, Roberto) |
| Filing 55 MOTION for Leave to File Excess Pages , MOTION for Leave to File Spanish language documents filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 8/29/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
| Filing 54 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by Enrique Silva-Aviles on behalf of U.S. Department of Housing and Urban Development Responses due by 8/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Silva-Aviles, Enrique) |
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Filing 53
ORDER: Granting #52 "Final Motion for Extension of Time." Defendant shall answer the complaint or otherwise plead not later than August 15, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 8/14/2023. (AEM)
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| Filing 52 Final MOTION for Extension of Time until this coming Tuesday, August 15, 2023 to File Answer to the Complaint or to Otherwise Plead filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 8/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
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Filing 51
ORDER: Denying in part #47 "Request for Case Management Order to Consolidate the Oppositions to the Motion to Dismiss;" and #48 "Urgent Motion Requesting Order." There is no certainty as to whether all of the defendants will file answers to the complaint and/or motions to dismiss on the grounds identified in the motion at Docket No. 47. Therefore, the request to file an omnibus response in opposition, and for an extension of time to do so, is denied as premature, albeit without prejudice. Plaintiff may refile the motion, if appropriate, once all of the defendants submit their answers and/or motions, and along that line, the deadline set in the Order at Docket No. 43 is continued sine die. Signed by Judge Pedro A. Delgado-Hernandez on 8/2/2023. (AEM)
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| Filing 50 MOTION to Dismiss/Lack of Jurisdiction as to Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Carlos L. Garcia-Muniz, Miguel A. Ramos-Lozada, Plaza de Diego, S.E., Ramos-Hernandez Conjugal Partnership, Garcia-Sola Conjugal Partnership, Carmen A. Sola-Morales, MAC Development Corp., De Diego Village Holding Inc., De Diego Village LLC, Maria M. Hernandez-Solivan, Puerto Rico Housing Finance Authority, U.S. Department of Housing and Urban Development filed by Leticia Maria Casalduc-Rabell on behalf of Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Carlos L. Garcia-Muniz, Miguel A. Ramos-Lozada, Plaza de Diego, S.E., Ramos-Hernandez Conjugal Partnership, Garcia-Sola Conjugal Partnership, Carmen A. Sola-Morales, MAC Development Corp. Responses due by 8/16/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
| Filing 49 RESPONSE to Motion informing no Objection by HUD to Plaintiff's requests at DE 47 and 48 concerning a single opposition to any Motions to Dismiss filed by Defendants filed by U.S. Department of Housing and Urban Development Re: #48 Second MOTION requesting Order Modify Order at Dkt. # 43 and allow a single opposition to Motions to Dismiss filed by David J. Perez-Arritola, #47 MOTION requesting Order to Consolidate the Oppositions to the Motions to Dismiss filed by David J. Perez-Arritola filed by U.S. Department of Housing and Urban Development. (Silva-Aviles, Enrique) |
| Filing 48 Second MOTION requesting Order Modify Order at Dkt. # 43 and allow a single opposition to Motions to Dismiss filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 8/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ferrer-Medina, Luis) |
| Filing 47 MOTION requesting Order to Consolidate the Oppositions to the Motions to Dismiss filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola Responses due by 8/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ferrer-Medina, Luis) |
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Filing 46
ORDER: Granting #45 "First Motion for Extension of Time to File Answer to Complaint or Otherwise Plead Pursuant to Local Rule 6." Defendant shall answer the complaint or otherwise plead not later than August 15, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/25/2023. (AEM)
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| Filing 45 First MOTION for extension of time until August 15, 2023 to file HUD's Responsive Pleading to the Complaint filed by Enrique Silva-Aviles on behalf of U.S. Department of Housing and Urban Development Responses due by 8/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Silva-Aviles, Enrique) |
| Filing 44 NOTICE of Appearance by Enrique Silva-Aviles on behalf of U.S. Department of Housing and Urban Development (Silva-Aviles, Enrique) |
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Filing 43
ORDER re: #41 "Motion to Dismiss for Lack of Subject-Matter Jurisdiction." Plaintiff shall respond not later than August 3, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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| Filing 42 NOTICE of Appearance by Ricardo Burgos-Vargas on behalf of Puerto Rico Housing Finance Authority (Burgos-Vargas, Ricardo) |
| Filing 41 MOTION to Dismiss/Lack of Jurisdiction as to Puerto Rico Housing Finance Authority, De Diego Village Holding Inc. filed by Natalia Del Mar Morales-Echeverria on behalf of Puerto Rico Housing Finance Authority, De Diego Village Holding Inc. Responses due by 8/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit HUD'S Motion to Dismiss, #3 Exhibit Opinion and Order, #4 Exhibit Resolution, #5 Exhibit Partial Judgment)(Morales-Echeverria, Natalia) |
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Filing 40
ORDER: Granting #35 "Motion Requesting Third Extension of Time to Answer the Complaint or Otherwise Plead." Defendants shall answer the complaint or otherwise plead not later than August 11, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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Filing 39
ORDER: Granting #34 "Second Motion for Extension of Time due to Change in Circumstances." Defendant shall answer the complaint or otherwise plead not later than August 11, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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Filing 38
ORDER: Granting #32 "Motion for an Additional Extension of Time to Answer the Complaint or Otherwise Plead." Defendant shall answer the complaint or otherwise plead not later than August 10, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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Filing 37
ORDER: Granting #31 "Motion for Extension of Time." Defendant shall answer the complaint or otherwise plead not later than August 10, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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Filing 36
ORDER: Granting #30 "Motion for Extension of Time." Defendants shall answer the complaint or otherwise plead not later than August 11, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/20/2023. (AEM)
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| Filing 35 Third MOTION for extension of time until August 11, 2023 to Answer the Complaint or Otherwise Plead filed by Carlos J. Torres-Velez on behalf of Miguel A. Ramos-Lozada Responses due by 7/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Velez, Carlos) |
| Filing 34 Second MOTION for Extension of Time to File Answer or to Otherwise Plead Due to Change in Circumstances, filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 7/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
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Filing 33
ORDER: Granting #29 "Justified Motion for Extension of Time due to Unexpected Sickness." Consolidated motion due July 20, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 7/11/2023. (AEM)
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| Filing 32 Second MOTION for Extension of Time to File Answer to the Complaint or Otherwise Plead filed by Juan A. Moldes-Rodriguez on behalf of Plaza de Diego, S.E. Responses due by 7/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Moldes-Rodriguez, Juan) |
| Filing 31 Second MOTION for extension of time until August 10 2023 to Answer Complaint or Otherwise Plead filed by Jorge A. Cartaya-Brao on behalf of MAC Development Corp. Responses due by 7/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cartaya-Brao, Jorge) |
| Filing 30 MOTION for Extension of Time until 15 days after motion by HUD to File Answer or otherwise plead filed by Leticia Maria Casalduc-Rabell on behalf of Carlos L. Garcia-Muniz, Garcia-Sola Conjugal Partnership, Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Carmen A. Sola-Morales Responses due by 7/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
| Filing 29 Emergency MOTION for extension of time until July 20, 2023 to Move to dismiss filed by Cesar T. Alcover-Acosta on behalf of De Diego Village Holding Inc., Puerto Rico Housing Finance Authority Responses due by 7/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Alcover-Acosta, Cesar) |
| Filing 28 NOTICE of Appearance of Counsel by Osvaldo H. Puig-Hernandez on behalf of De Diego Village LLC (Puig-Hernandez, Osvaldo) |
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Filing 27
ORDER: Granting #25 "Motion Requesting Second Extension of Time to Answer the Complaint or Otherwise Plead." Defendants shall answer the complaint or otherwise plead not later than July 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 6/27/2023. (AEM)
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Filing 26
ORDER: Granting #24 "Motion for Extension of Time to Answer or Otherwise Plead." Defendant shall answer the complaint or otherwise plead not later than July 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 6/27/2023. (AEM)
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| Filing 25 Second MOTION for Extension of Time until July 12, 2013 to File Answer or Otherwise Plead filed by Carlos J. Torres-Velez on behalf of Ramos-Hernandez Conjugal Partnership, Miguel A. Ramos-Lozada Responses due by 7/6/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Velez, Carlos) |
| Filing 24 MOTION for Extension of Time to File Answer or to Otherwise Plead filed by Roberto Santana-Aparicio on behalf of De Diego Village LLC Responses due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santana-Aparicio, Roberto) |
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Filing 23
ORDER: Noting and granting #21 "Notice of Appearance and Motion for Extension of Time to Answer the Complaint or Otherwise Plead." Defendants shall answer the complaint or otherwise plead not later than July 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 6/15/2023. (AEM)
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Filing 22
ORDER: Granting #20 "Motion for Extension of Time." Defendants shall answer the complaint or otherwise plead not later than July 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 6/15/2023. (AEM)
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| Filing 21 First NOTICE of Appearance, MOTION for Extension of Time to Answer the Complaint of Otherwise Plead by Juan A. Moldes-Rodriguez on behalf of Plaza de Diego, S.E. (Moldes-Rodriguez, Juan) Modified on 6/13/2023 to add event and replace capital letters (mcm). |
| Filing 20 MOTION for extension of time until July 12, 2023 to answer or otherwise plead filed by Leticia Maria Casalduc-Rabell on behalf of Carlos L. Garcia-Muniz, Garcia-Sola Conjugal Partnership, Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund Responses due by 6/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Casalduc-Rabell, Leticia) |
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Filing 19
ORDER: Granting #17 "Notice of Appearance and First Motion for Extension of Time to Answer Complaint or Present Other Pleadings." Defendant shall answer the complaint or otherwise plead not later than July 12, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 6/12/2023. (AEM)
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Filing 18
ORDER: Granting #16 "Notice of Appearance and Motion for Extension of Time to Answer the Complaint or Otherwise Plead." Defendant DVH shall answer the complaint or otherwise plead not later than July 13, 2023. By that date, defendants PRHFA and DVH may file a consolidated motion to dismiss. Signed by Judge Pedro A. Delgado-Hernandez on 6/12/2023. (AEM)
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| Filing 17 First MOTION for extension of time until July 12 2023 to Answer Complaint or Otherwise Plead, First MOTION for Leave to Appear filed by Jorge A. Cartaya-Brao on behalf of MAC Development Corp. Responses due by 6/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cartaya-Brao, Jorge) |
| Filing 16 NOTICE of Appearance and MOTION for extension of time by Natalia Del Mar Morales-Echeverria on behalf of De Diego Village Holding Inc., Puerto Rico Housing Finance Authority (Morales-Echeverria, Natalia) Modified on 6/9/2023 to add motion event (mcm). |
| Filing 15 NOTICE of Appearance filed by Leticia Maria Casalduc-Rabell on behalf of Carlos L. Garcia-Muniz, Garcia-Sola Conjugal Partnership, Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, Carmen A. Sola-Morales (Casalduc-Rabell, Leticia) Modified on 6/6/2023 to correct event title (mcm). |
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Filing 14
ORDER: Noting and granting #13 "Notice of Appearance and Request for an Extension of Time to Answer the Complaint or Otherwise Plead." Codefendants shall answer the complaint or otherwise plead not later than June 23, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 5/26/2023. (AEM)
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| Filing 13 First MOTION for extension of time until June 23, 2023 to To Answer the Complaint or Otherwise Plead filed by Carlos J. Torres-Velez on behalf of Ramos-Hernandez Conjugal Partnership, Miguel A. Ramos-Lozada Responses due by 6/9/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Torres-Velez, Carlos) |
| Filing 12 Summons Issued as to U.S. Department of Housing and Urban Development; US Attorney's Office. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) |
| Filing 11 NOTICE of Appearance by Cesar T. Alcover-Acosta on behalf of Puerto Rico Housing Finance Authority (Alcover-Acosta, Cesar) |
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Filing 10
ORDER: Noting and granting #8 "Notice of Appearance and First Motion for Extension of Time to Answer the Complaint or Otherwise Plead." Defendant shall answer the complaint or otherwise plead not later than June 23, 2023. Signed by Judge Pedro A. Delgado-Hernandez on 5/19/2023. (AEM)
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Filing 9
ORDER: Granting #7 "Motion Requesting Issuance of Amended Summons." The Clerk shall issue amended summons accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 5/19/2023. (AEM)
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| Filing 8 NOTICE of Appearance First MOTION for extension of time until June 23, 2023 to to answer complaint, move or otherwise defend filed by Natalia Del Mar Morales-Echeverria on behalf of Puerto Rico Housing Finance Authority Responses due by 6/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Morales-Echeverria, Natalia) Modified on 5/19/2023 to edit title (mcm). |
| Filing 7 MOTION for Issuance of Summons as to U.S. Department of Housing and Urban Development filed by Luis M. Ferrer-Medina on behalf of All Plaintiffs Responses due by 5/26/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons DOJ in DC, #2 Summons DOJ in PR)(Ferrer-Medina, Luis) |
| Filing 6 SUMMONS Issued as to U.S. Department of Housing and Urban Development. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (vdm) |
| Filing 5 NOTICE of Filing Exhibits Summons as to U.S. Department of Housing and Urban Development filed by Luis M. Ferrer-Medina on behalf of David J. Perez-Arritola (Attachments: #1 Summons HUD Through DOJ DC, #2 Summons HUD Through DOJ PR)(Ferrer-Medina, Luis) Modified on 5/11/2023 to correct docket title (mcm). |
| Filing 4 Summons Issued as to De Diego Village Holding Inc., De Diego Village LLC, Carlos L. Garcia-Muniz, Garcia-Sola Conjugal Partnership, Individual Account of Carlos L. Garcia-Muiz at the Horizontes Development S.E. Retirement Plan Trust Fund, MAC Development Corp., Plaza de Diego, S.E., Puerto Rico Housing Finance Authority, Ramos-Hernandez Conjugal Partnership, Miguel A Ramos-Lozada, U.S. Department of Housing and Urban Development. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (arg) |
| Filing 3 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Pedro A. Delgado-Hernandez. (arg) |
| Filing 2 NOTICE of Appearance by Adrian Sanchez-Pagan on behalf of David J Perez-Arritola (Sanchez-Pagan, Adrian) |
| Filing 1 COMPLAINT against All Defendants, filed by David J Perez-Arritola. Service due by 7/26/2023, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Summons Carlos Garcia, #4 Summons CP Garcia-Sola 1, #5 Summons CP Garcia-Sola 2, #6 Summons Miguel Ramos, #7 Summons CP Ramos-Hernandez 1, #8 Summons CP Ramos-Hernandez 2, #9 Summons PDD, #10 Summons MAC, #11 Summons Target Retirement, #12 Summons DDV, #13 Summons DDVH, #14 Summons PRHFA, #15 Summons HUD DC, #16 Summons HUD PR)(Ferrer-Medina, Luis) |
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