Mendez-Cardona et al v. Guzman-Lopez et al
| Edwin Mendez Cardona, Ramon Garcia Carrero, Vilma Hernandez Sanchez, Cynthia Garrastegui Martinez, Edwin Mendez-Cardona, Ramon Garcia-Carrero, Vilma Hernandez-Sanchez and Cynthia Garrastegui-Martinez |
| Gerson Guzman Lopez, Myrnalee Lamboy Rivera, Mayra Rivera Cordero, Saul Ramos Betancourt, Gerson Guzman-Lopez, Myrnalee Lamboy-Rivera, Mayra Rivera-Cordero and Saul Ramos-Betancourt |
| 3:2023cv01223 |
| May 7, 2023 |
| US District Court for the District of Puerto Rico |
| Silvia L Carreno-Coll |
| Labor: Other |
| 29 U.S.C. § 0401 Labor Management Disclosure Act |
| None |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 JUDGMENT dismissing case without prejudice. Signed by Judge Silvia L. Carreno-Coll on 5/30/2023. (mcv) |
| Filing 37 STIPULATION of Dismissal by both parties by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona. (Ortiz-Mendoza, Rafael) |
Filing 36
ORDER granting #35 Motion for Extension of Time. Joint Stipulation due by 5/26/2023. Signed by Judge Silvia L. Carreno-Coll on 5/26/2023. (MEV)
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| Filing 35 Joint MOTION for Extension of Time filed by Christian O. Cintron-Perez, Sr on behalf of All Defendants Responses due by 6/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Perez, Christian) |
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Filing 34
ORDER granting #33 Motion for Extension of Time. Joint Stipulation due by 5/25/2023. Signed by Judge Silvia L. Carreno-Coll on 5/25/2023. (MEV)
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| Filing 33 Joint MOTION for extension of time until 05/25/2023 to file joint stipulation filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 6/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 32 Minute Entry for proceedings held before Judge Silvia L. Carreno-Coll: Case called for Preliminary Injunction Hearing but not held on 5/22/2023. Present on behalf of the plaintiffs was Atty. Rafael A. Ortiz-Mendoza. Present on behalf of the defendants was Christian O. Cintron-Perez. The parties informed that they were engaging in settlement conversations and requested 30 minutes to continue negotiations. The Court granted the request. The case was recalled, the parties jointly informed that they were close to reaching an agreement and requested additional time to speak with their clients. The Court granted the request and afforded the parties 15 minutes to inform the Courtroom Deputy if an agreement in principle was reached or if the parties will proceed with the Preliminary Injunction Hearing. The case was recalled. The parties informed that they reached an agreement dispositive of all matters asserted in the Complaint. The parties are granted until May 24, 2023 to file a joint stipulation. The Preliminary Injunction Hearing set for today, May 22, 2023, is hereby vacated. (Court Reporter Evilys Carrion.) (Plaintiffs' Interpreter: Carol Terry) (Hearing set for 9:00. Hearing started at 9:14. Recess at 9:15. Case recalled at 9:50. Recess at 9:53. Case recalled at 10:37. Case ended at 10:44.) (ram) Modified on 5/24/2023 to correct stipulation date (ecc). |
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Filing 31
ORDER noted #28 MOTION Submitting Certified Translations filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez and Edwin Mendez-Cardona. Signed by Judge Silvia L. Carreno-Coll on 5/22/2023. (Carreno-Coll, Silvia)
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| Filing 30 MEMORANDUM in Opposition to Plaintiffs' Motion to Dismiss filed by All Plaintiffs Re: #15 Memorandum in support,, filed by Mayra Rivera-Cordero, Myrnalee Lamboy-Rivera, Saul Ramos-Betancourt, Gerson Guzman-Lopez filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - UGT Election Certification (Certified Translation), #2 Exhibit Exhibit 2 - UGT Constitution and By-laws (Certified Translation))(Ortiz-Mendoza, Rafael) |
| Filing 29 MOTION for Leave to File Document , MOTION for Leave to File Excess Pages filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 6/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 28 MOTION Submitting Certified Translations filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 6/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Translation, 1.1 Exhibit A - Prelminary Certification, 5.20.23, #2 Exhibit Translation, 1.2 Exhibit B - May 3, 2023 letter to Committee, 5.20.23, #3 Exhibit Translation, 1.3 Exhibit C - UGT Const and By-Laws (partial), 5.20.23, #4 Exhibit Translation, 1.4 Exhibit D- UGT 2023 Election Rules (partial), 5.20.23)(Ortiz-Mendoza, Rafael) |
| Filing 27 REPLY to Motion filed by All Plaintiffs Re: #20 MOTION to Strike Defendants' Motion to Dismiss filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona filed by All Plaintiffs. (Ortiz-Mendoza, Rafael) |
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Filing 26
ORDER re 8 Preliminary Injunction Hearing: The parties shall come prepared to discuss whether this case is ripe for review at the preliminary injunction hearing on May 22, 2023. Signed by Judge Silvia L. Carreno-Coll on 5/19/2023. (MEV)
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Filing 25
ORDER granting #22 Motion for Leave to File Reply. Plaintiffs shall file the Reply as a separate docket entry by 5/19/2023 at 5:30 p.m. Signed by Judge Silvia L. Carreno-Coll on 5/19/2023. (MEV)
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Filing 24
ORDER granting #12 Motion for Leave to Appear; noted #16 INFORMATIVE Motion. Certified English Translations due by 5/26/2023. Signed by Judge Silvia L. Carreno-Coll on 5/19/2023. (MEV)
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Filing 23
ORDER noted #9 INFORMATIVE Motion; finding as moot #9 Motion to Appoint Process Server; noted #10 INFORMATIVE Motion; granting #10 Motion to Withdraw Request to Appoint Process Server; holding in abeyance #20 Motion to Strike Defendants' Motion to Dismiss at Docket No. #15 . Signed by Judge Silvia L. Carreno-Coll on 5/19/2023. (MEV)
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| Filing 22 MOTION for Leave to File Document Reply to Defendants' Opposition to Plaintiffs' Motion to Strike filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 6/2/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Reply)(Ortiz-Mendoza, Rafael) |
| Filing 21 MEMORANDUM in Opposition to Plainitiffs Motion to Strike filed by All Defendants Re: #20 MOTION to Strike Defendants' Motion to Dismiss filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona filed by All Defendants. (Cintron-Perez, Christian) |
| Filing 20 MOTION to Strike Defendants' Motion to Dismiss filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 6/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 19 Mayra Rivera Cordero ANSWER to #1 Complaint,,, filed by Christian O. Cintron-Perez, Sr on behalf of Defendant Mayra Rivera-Cordero.(Cintron-Perez, Christian) |
| Filing 18 Sal Ramos-Betancourt ANSWER to #1 Complaint,,, filed by Christian O. Cintron-Perez, Sr on behalf of Defendant Saul Ramos-Betancourt.(Cintron-Perez, Christian) |
| Filing 17 Defendant Myrnalee Lamboy Rivera ANSWER to #1 Complaint,,, filed by Christian O. Cintron-Perez, Sr on behalf of Defendant Myrnalee Lamboy-Rivera.(Cintron-Perez, Christian) |
| Filing 16 INFORMATIVE Motion filed by Christian O. Cintron-Perez, Sr on behalf of All Defendants Responses due by 6/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Perez, Christian) |
| Filing 15 MEMORANDUM in Support to Dismissal of TRO and Preliminary Injunction filed by All Defendants Re: #1 Complaint,,, filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona, #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona filed by All Defendants. (Cintron-Perez, Christian) |
| Filing 14 MEMORANDUM in Opposition to TRO and Preliminary Injunction filed by All Defendants Re: #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ramon Garcia-Carrero, Cynthia Garrastegui-Martinez, Vilma Hernandez-Sanchez, Edwin Mendez-Cardona filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit)(Cintron-Perez, Christian) |
| Filing 13 Defendant ANSWER to #1 Complaint,,, filed by Christian O. Cintron-Perez, Sr on behalf of Defendant Gerson Guzman-Lopez.(Cintron-Perez, Christian) |
| Filing 12 MOTION for Leave to Appear on behalf of all defendants filed by Christian O. Cintron-Perez, Sr on behalf of All Defendants Responses due by 6/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Perez, Christian) |
| Filing 11 SUMMONS Returned Executed by All Plaintiffs upon Myrnalee Lamboy-Rivera served on 5/17/2023, answer due 6/7/2023; Mayra Rivera-Cordero served on 5/17/2023, answer due 6/7/2023., ***RESTRICTED*** SUBPOENA Returned Executed on 05/17/2023 as to Myrnalee Lamboy-Rivera; Mayra Rivera-Cordero (Attachments: #1 Summons Proof of Service of Summons on Myrnalee Lamboy Rivera, #2 Summons Proof of Service of Summons on Mayra Rivera Cordero, #3 Exhibit Proof of Service of Subpoena on Myrnalee Lamboy Rivera, #4 Exhibit Proof of Service of Subpoena on Mayra Rivera Cordero) (Ortiz-Mendoza, Rafael) |
| Filing 10 INFORMATIVE Motion regarding service of process on Myrnalee Lamboy Rivera and Mayra Rivera Cordero, MOTION to Withdraw request for service of process by the U.S. Marshall Service as moot filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 5/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 9 INFORMATIVE Motion regarding Compliance with Order at ECF No. 8, MOTION to Appoint Process Server filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 5/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
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Filing 8
ORDER granting #2 Motion for Leave to File Spanish language documents; denying #3 Motion for TRO; and noted #7 INFORMATIVE motion. The purpose of a TRO is to "preserv[e] the status quo and prevent[ ] irreparable harm just so long as is necessary to hold a hearing." Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70, 415 U.S. 423, 439 (1974). Upon review, the Court is unable to ascertain any specific irreparable harm that will occur between now and when we hold a preliminary injunction hearing on May 22, 2023 (i.e., during the next 11 days). The plaintiffs shall provide the defendants who have been served summons with a copy of the motion at Docket Number #7 and this order by 5 p.m. on 5/15/2023. And the plaintiffs shall attempt to serve summons upon the remaining defendants and provide them with the filings in this case, including this order, by 5 p.m. on 5/15/2023. Certified Translations due by 5/22/2023. Preliminary Injunction Hearing is set for 5/22/2023 at 9:00 AM in Courtroom 6 before Judge Silvia L. Carreno-Coll. Signed by Judge Silvia L. Carreno-Coll on 5/11/2023. (mcv)
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| Filing 7 INFORMATIVE Motion regarding APPLICATION FOR A TEMPORARY RESTRAINING ORDER filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 5/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs upon Gerson Guzman Lopez served on 5/9/2023, answer due 5/30/2023; Saul Ramos Betancourt served on 5/9/2023, answer due 5/30/2023., CERTIFICATE OF SERVICE by All Plaintiffs of Notice of TRO and Preliminary Injunction (Attachments: #1 Summons Proof of Service Gerson Guzman Lopez, #2 Summons Proof of Service Saul Ramos Betancourt) (Ortiz-Mendoza, Rafael) |
| Filing 5 Summons Issued as to Gerson Guzman Lopez, Myrnalee Lamboy Rivera, Saul Ramos Betancourt, Mayra Rivera Cordero. 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 4 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Silvia L. Carreno-Coll. (arg) |
| Filing 3 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 5/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Ortiz-Mendoza, Rafael) |
| Filing 2 MOTION for Leave to File Spanish language documents filed by Rafael A. Ortiz-Mendoza on behalf of All Plaintiffs Responses due by 5/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortiz-Mendoza, Rafael) |
| Filing 1 COMPLAINT and Request for Injunction against All Plaintiffs ( Filing fee $402 receipt number APRDC-8205142.), filed by Vilma Hernandez Sanchez, Ramon Garcia Carrero, Cynthia Garrastegui Martinez, Edwin Mendez Cardona. Service due by 8/7/2023, (Attachments: #1 Exhibit Exhibit A - Preliminary Certification (Spanish), #2 Exhibit Exhibit B - May 3, 2023 letter to Committee (Spanish), #3 Exhibit Exhibit C - UGT Const and By-Laws (partial) (Spanish), #4 Exhibit Exhibit D- UGT 2023 Election Rules (partial) (Spanish), #5 Category Sheet Category Sheet, #6 Civil Cover Sheet Civil Cover Sheet, #7 Summons Summons in a Civil Action Gerson Guzman Lopez, #8 Summons Summons in a Civil Action Myrnalee Lamboy Rivera, #9 Summons Summons in a Civil Action Mayra Rivera Cordero, #10 Summons Summons in a Civil Action Saul Ramos Betancourt)(Ortiz-Mendoza, Rafael) |
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