Puerto Rico Ports Authority v. Caldwell
Defendant: Emmett Caldwell
Counter Defendant: Puerto Rico Ports Authority, Christian T. De Jesus, Jose Nieves-Saldana, Orlando Ramos, Milagros Castro, Power Sports Warehouse, Municipality of San Juan and Clerk Ada Garcia
Case Number: 3:2023cv01357
Filed: July 10, 2023
Court: US District Court for the District of Puerto Rico
Presiding Judge: Raul M Arias-Marxuach
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2023 Filing 24 NOTICE of Appointment of Counsel Julian R. Rivera-Aspinall to represent Emmett Caldwell, re 23 Order on Motion to Withdraw as Attorney. Signed by Clerk on 9/5/2023. (Attachments: #1 Notice of Appointment in Spanish Language)(rim) (Notice sent via regular mail to Counsel and Plaintiff)
August 29, 2023 Opinion or Order Filing 23 ORDER granting #22 Motion to Withdraw as Attorney. Attorney Daniel Rivera Vargas is granted leave to withdraw. The Clerk of the Court will appoint substitute pro-bono counsel who shall meet with Defendant and file a status report by September 11, 2023. Signed by Judge Raul M. Arias-Marxuach on 8/29/2023. (mrr)
August 28, 2023 Filing 22 MOTION to Withdraw Attorney as to Daniel Rivera-Vargas filed by Daniel Rivera-Vargas on behalf of Emmett Caldwell Responses due by 9/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Rivera-Vargas, Daniel)
August 28, 2023 NOTICE of Docket Text Modification by Deputy Clerk re: #20 MOTION to Withdraw Attorney as to Daniel Rivera-Vargas. ***FILED IN ERROR - Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. *** Counsel to re-file. (rim)
August 25, 2023 Opinion or Order Filing 21 ORDER denying #17 Motion for Leave to File. Certified English translations due by September 25, 2023. Signed by Judge Raul M. Arias-Marxuach on 8/25/2023. (mrr)
August 25, 2023 Filing 20 ***FILED IN ERROR - Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file.*** MOTION to Withdraw Attorney as to Daniel Rivera-Vargas filed by Daniel Rivera-Vargas on behalf of Emmett Caldwell Responses due by 9/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Rivera-Vargas, Daniel) Modified on 8/28/2023 (rim).
August 24, 2023 Filing 19 NOTICE of Appointment of Counsel Daniel Rivera-Vargas to represent Emmett Caldwell, re 18 Order. Signed by Clerk on 08/24/2023. (Attachments: #1 Notice of Appointment in Spanish Language)(arg)
August 24, 2023 Opinion or Order Filing 18 ORDER granting #16 Motion to Withdraw as Attorney. Attorney Alberto J. Castaner-Padro, III withdrawn from the case. Pursuant to Local Rule 83(j), Attorney Daniel Rivera-Vargas is appointed as pro-bono counsel to Mr. Caldwell in this matter and shall respond to the motions at CM/ECF #7 & #10 by September 22, 2023. Signed by Judge Raul M. Arias-Marxuach on 8/24/2023. (mrr)
August 24, 2023 Filing 17 MOTION for Leave to File Document as a Simple English Translation and Request for Extension of Time to Submit Certified English Translations filed by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority Responses due by 9/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1)(Deliz-Delgado, Aurivette)
August 21, 2023 Filing 16 MOTION to Withdraw Attorney as to Alberto J. Castaner-Padro, III filed by Alberto J. Castaner-Padro, III on behalf of Emmett Caldwell Responses due by 9/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Castaner-Padro, Alberto)
August 21, 2023 Opinion or Order Filing 15 ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Raul M. Arias-Marxuach on 8/21/2023. (mrr)
August 17, 2023 Filing 14 NOTICE of Appointment of Counsel Alberto J. Castaner-Padro, III to represent Emmett Caldwell re 13 Order. Signed by Clerk on 8/17/2023. (Attachments: #1 Notice of Appointment in Spanish Language)(rim)
August 17, 2023 Opinion or Order Filing 13 ORDER granting #5 Motion to Amend/Correct. The amended pleadings at CM/ECF #12 are deemed as having been filed with leave of court; granting #8 Motion for Leave to File Spanish language documents. Certified English translations due by August 28, 2023; granting #9 Motion for Leave to File Document; held in abeyance #10 Urgent Motion Requesting Order; granting #11 Motion for Leave to File Document, Motion to Appoint Counsel. Pursuant to Local Rule 83 (j)(3), the Court appoints Alberto Castaner-Padro, Esq. as pro-bono counsel to Mr. Caldwell. By September 15, 2023, Pro-bono counsel shall respond to the motion to remand at CM/ECF #7 and the urgent motion requesting order at CM/ECF #10 . Signed by Judge Raul M. Arias-Marxuach on 8/17/2023.(mrr)
August 15, 2023 Filing 10 MOTION requesting Order and in Support of Plaintiff's Motion to Remand for Lack of Subject-Matter Jurisdiction filed by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority Responses due by 8/29/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Deliz-Delgado, Aurivette)
August 10, 2023 Filing 12 AMENDED NOTICE of Removal, AMENDED ANSWER to #2 Notice of Removal, and AMENDED COUNTERCLAIM against Puerto Rico Ports Authority, Christian T. De Jesus, Jose Nieves-Saldana, Orlando Ramos, Milagros Castro, Power Sports Warehouse, Municipality of San Juan, Ada Garcia by Emmett Caldwell, pro se. (Attachments: #1 Exhibit Notice Served on Ports, #2 Exhibit 3 and C to K, #3 Envelope)(rim)
August 10, 2023 Filing 11 MOTION for Leave to File Document, MOTION to Appoint Counsel filed by Emmett Caldwell, pro se Responses due by 8/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(rim)
July 20, 2023 Filing 9 MOTION for Leave to File Document in Excess of Page Limit filed by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority Responses due by 8/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Deliz-Delgado, Aurivette)
July 20, 2023 Filing 8 MOTION for Leave to File Spanish language documents filed by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority Responses due by 8/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Deliz-Delgado, Aurivette)
July 20, 2023 Filing 7 MOTION to Remand to State Courtfor Lack of Subject-Matter Jurisdiction filed by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority 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 Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11)(Deliz-Delgado, Aurivette)
July 17, 2023 Filing 6 NOTICE of Appearance by Aurivette Deliz-Delgado on behalf of Puerto Rico Ports Authority (Deliz-Delgado, Aurivette)
July 14, 2023 Filing 5 MOTION to Amend/Correct Re: #3 Counterclaim filed by Emmett Caldwell, MOTION for Extension of Time until 30 days to Amend, MOTION to Appoint Counsel filed by Emmett Caldwell, pro se. Responses due by 7/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope)(Related document(s) #3 ) (rim)
July 10, 2023 Filing 4 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Notice of Removal. A new case has been opened and assigned to Judge Raul M. Arias-Marxuach. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number: 3:23-cv-01357-RAM. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice, Standing Order No. 10 - Consent by Pro Se (Non-Prisoner) Litigants to Receive Notices of Electronic Filing in Civil Cases and Consent Form sent to Pro Se by mail.) (rim)
July 10, 2023 Filing 3 ANSWER to Complaint, COUNTERCLAIM against Puerto Rico Ports Authorityfiled by Emmett Caldwell, pro se.(rim)
July 10, 2023 Filing 2 NOTICE OF REMOVAL from Court of First Instance Superior Chamber of San Juan, case number SJ2023CV06134., filed by Emmett Caldwell, pro se. (Attachments: #1 SJ2023CV06134 Injunction, #2 Exhibit, #3 Civil Cover Sheet, #4 Category Sheet)(rim)
July 10, 2023 Filing 1 ***SELECTED PARTIES*** APPLICATION to proceed without prepayment of fees and affidavit filed by Emmett Caldwell, pro se. Responses due by 7/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (rim)

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Counter defendant: Puerto Rico Ports Authority
Represented By: Aurivette Deliz-Delgado
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Counter defendant: Christian T. De Jesus
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Counter defendant: Jose Nieves-Saldana
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Counter defendant: Orlando Ramos
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Counter defendant: Milagros Castro
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Counter defendant: Power Sports Warehouse
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Counter defendant: Municipality of San Juan
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Counter defendant: Clerk Ada Garcia
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Defendant: Emmett Caldwell
Represented By: Alberto J. Castaner-Padro, III
Represented By: Julian R. Rivera-Aspinall
Represented By: Daniel Rivera-Vargas
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