Figueroa-Rivera et al v. Commonwealth of Puerto Rico et al
| Jose Antonio Ghigliotti and Adianes Figueroa-Rivera |
| Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR and Department of the Family (Commonwealth of Puerto Rico) |
| 3:2024cv01357 |
| August 11, 2024 |
| US District Court for the District of Puerto Rico |
| Aida M Delgado-Colon |
| Giselle Lopez-Soler |
| Civil Rights: Education |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| None |
Docket Report
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This docket was last retrieved on October 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 56 REPLY to Motion Opposition to Motion for Preliminary Injunction & for Prayer for Remedies Under All-writs Act filed by All Plaintiffs Re: #11 Second MOTION for Writ under 28 U.S.C. 1651 filed by Adianes Figueroa-Rivera, Jose Antonio Ghigliotti filed by All Plaintiffs. (Borres-Otero, Antonio) |
Filing 55
ORDER granting #53 Motion for Leave to File. Plaintiffs to submit tendered reply under separate docket entry forthwith. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/8/2024. (PGA)
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Filing 54
ORDER granting #52 Motion for Leave to File. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/8/2024. (PGA)
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| Filing 53 Second MOTION for Leave to File Document Reply to Opposition to Motion under All Writs Act filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 10/21/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Proposed Reply)(Borres-Otero, Antonio) |
| Filing 52 MOTION for Leave to File Document Reply to Opposition to Motion, ECF No. 44 filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 10/18/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Borres-Otero, Antonio) |
| Filing 51 REPLY to Motion Response to Motion Requesting Order filed by All Plaintiffs Re: #42 MOTION requesting Order filed by Adianes Figueroa-Rivera, Jose Antonio Ghigliotti filed by All Plaintiffs. (Attachments: #1 Exhibit Note Neurologist)(Borres-Otero, Antonio) |
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Filing 50
ORDER granting #49 Motion for Leave to File. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/3/2024. (PGA)
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| Filing 49 MOTION for Leave to File Document Reply to Response at ECF No. 48 filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 10/16/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Borres-Otero, Antonio) |
| Filing 48 RESPONSE, Motion In Compliance with Court Order and Response to #42 Motion filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 10/15/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) Modified title, added relationship on 10/8/2024 (idg). |
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Filing 47
ORDER granting #45 Motion for extension of time. Certified translations due no later than October 15, 2024. Signed by US Magistrate Judge Giselle Lopez-Soler on 10/1/2024. (PGA)
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| Filing 46 MOTION to Dismiss/Lack of Jurisdiction as to Deparment of Education, Commonwealth of PR, Commonwealth of Puerto Rico, Department of the Family (Commonwealth of Puerto Rico) filed by Jose R. Cintron-Rodriguez on behalf of Deparment of Education, Commonwealth of PR, Commonwealth of Puerto Rico, Department of the Family (Commonwealth of Puerto Rico). Responses due by 10/15/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) |
| Filing 45 MOTION for extension of time until October 15, 2024 to submit certified translations filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 10/15/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) |
| Filing 44 Motion In Compliance with 40 Court Order & Opposition to Motion for Preliminary Injunction re #11 Second Motion for Writ filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 10/15/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Document, #2 Exhibit Document)(Cintron-Rodriguez, Jose) Modified relationship, title on 10/4/2024 (idg). |
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Filing 43
ORDER re #42 Motion Requesting Order. Defendants to respond to the transportation issue raised in Plaintiffs' motion no later than October 2, 2024. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/30/2024. (PGA)
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| Filing 42 MOTION requesting Order re Arrangements for ASGF filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 10/15/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Letter)(Borres-Otero, Antonio) Modified title on 10/8/2024 (idg). |
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Filing 41
ORDER granting #25 Motion for Extension of Time to Answer. Deadline to answer or otherwise plead: 10/01/2024. Signed by Judge Aida M. Delgado-Colon on 9/20/2024. (wm)
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| Filing 39 MOTION to Amend/Correct Re: #38 Minute,,, Status Conference,, filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 10/4/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #38 ) (Borres-Otero, Antonio) |
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Filing 37
ORDER noted #34 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/19/2024. (PGA)
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Filing 36
ORDER noted #29 INFORMATIVE motion. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/19/2024. (PGA)
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| Filing 40 Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Argumentative Hearing held on 9/18/2024. Present in court on behalf of plaintiff was Attorney Antonio Borrero and on behalf of the Commonwealth of Puerto Rico, Attorney Jose Cintron. Parties informed the Court as to the status of the case and their efforts to reach an agreement regarding the Individualized Educational Program and the reasons why the minor has not been placed in a school yet. Parties arguments heard. Defense counsel requested that an order to stay the Department of Family's procedures be issued. The Commonwealth of Puerto Rico and the Department of the Family will file their opposition to the Motion for Writ by 9/30/2024. No extensions will be granted. Legal arguments regarding jurisdiction heard. Matter taken under advisement. Recess called for the parties to meet and explore all available options and resources to reach an agreement today even if temporary, for the minor to attend school on Monday, September 23, 2024. (Court Reporter DCR.)(Hearing held in Courtroom 1, Hato Rey.) (cmd) |
| Filing 38 Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Status Conference held on 9/18/2024. The parties agreed on a pre-placement for the minor to attend the Lysander Borrero Terry School in Villalba starting on Monday, September 23, 2024. The pre-placement consists of placing the minor in a regular 10th grade classroom, but she will receive separate one-on-one teaching for Spanish, English, and Math.The next COMPU meeting will take place on October 10, 2024. Defendants will file their opposition to the Motion for Writ at Docket No. 11 no later than September 30, 2024. (PGA) |
| Filing 35 RESPONSE to Motion in Compliance, Docket No. 34 filed by All Plaintiffs Re: #34 Motion In Compliance with Court Order filed by Department of the Family (Commonwealth of Puerto Rico), Department of Education, Commonwealth of PR, Commonwealth of Puerto Rico filed by All Plaintiffs. (Borres-Otero, Antonio) Modified typographical error on 9/19/2024 (idg). |
| Filing 34 Motion In Compliance with Court Order filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 10/1/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) |
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Filing 33
ORDER re #29 INFORMATIVE Motion regarding Lack of Compliance with Agreements filed by Adianes Figueroa-Rivera, Jose Antonio Ghigliotti. The Department of Education is to respond to this motion by tomorrow, September 17, 2024. Representatives of the Department of Education who are involved in the placement decisions for the minor are to attend the hearing that has been set for September 18, 2024. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/16/24. (Lopez-Soler, Giselle)
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Filing 32
ORDER noted #10 INFORMATIVE motion. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/16/24. (Lopez-Soler, Giselle)
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| Filing 31 REPLY to Motion Opposition to Motion for Preliminary Injunction filed by All Plaintiffs Re: #5 MOTION for Preliminary Injunction filed by Adianes Figueroa-Rivera, Jose Antonio Ghigliotti filed by All Plaintiffs. (Borres-Otero, Antonio) |
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Filing 30
ORDER granting #28 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/16/2024. (PGA)
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| Filing 29 INFORMATIVE Motion regarding Lack of Compliance with Agreements filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/30/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1, Response DOE, #2 Exhibit Exhibit 2, Letter Parents)(Borres-Otero, Antonio) |
| Filing 28 MOTION for Leave to File Excess Pages as to Reply to Opposition to Motion for Preliminary Injunction filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/30/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Borres-Otero, Antonio) |
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Filing 27
ORDER. Plaintiffs to file Reply to Defendants' Opposition at Docket No. 24 no later than September 16, 2024. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/10/2024. (PGA)
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Filing 26
ORDER noted #23 Motion In Compliance. Further Status Conference and Argumentative Hearing set for 9/18/2024 at 9:00 a.m. in Hato Rey Courtroom 1 before US Magistrate Judge Giselle Lopez-Soler. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/10/2024. (PGA)
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| Filing 25 MOTION for Extension of Time until October 1, 2024 to File Answer or Otherwise Plead filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 9/24/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) |
| Filing 24 MEMORANDUM in Opposition to Motion for Preliminary Injunction filed by Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico) Re: #5 MOTION for Preliminary Injunction filed by Adianes Figueroa-Rivera, Jose Antonio Ghigliotti filed by Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). (Cintron-Rodriguez, Jose) |
| Filing 23 Joint Motion In Compliance with Order to Inform Outcome of Meetings as to 21 Order on Motion In Compliance filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/20/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 21 ) (Borres-Otero, Antonio) |
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Filing 21
ORDER noted #18 Motion In Compliance. Joint Informative Motion on the outcome of the two meetings due by September 6, 2024. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/3/2024. (PGA)
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| Filing 20 NOTICE to the Court re Meeting between the parties by Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico) (Cintron-Rodriguez, Jose) Modified title on 9/9/2024 (idg). |
| Filing 19 RESPONSE to Motion to Comply with Order, ECF No. 18, filed by All Plaintiffs Re: #18 Motion In Compliance with Court Order filed by Department of the Family (Commonwealth of Puerto Rico), Deparment of Education, Commonwealth of PR, Commonwealth of Puerto Rico filed by All Plaintiffs. (Borres-Otero, Antonio) |
| Filing 18 Motion In Compliance with Court Order filed by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). Responses due by 9/17/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cintron-Rodriguez, Jose) |
| Filing 22 Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Status Conference held on 8/30/2024. Present were Attorney Antonio Borres-Otero for the plaintiffs and Attorney Jose Cintron-Rodriguez for the defendants. The Court set the case for a status conference due to the concerning facts of the case and to hear the parties as to how they intend to proceed. The parties' statements as to the status of the matter and their efforts to try to move forward. Attorney Jose Cintron-Rodriguez for the defendants informed the Court that the date for the next meeting is 9/12/2024. The Court inquired if the parties had been able to meet prior to this conference. Attorney Antonio Borres-Otero for the plaintiffs informed the Court that they have not met because Attorney Cintron-Rodriguez has only recently made an appearance on behalf of the defendants in the case, but that they intend to do so as soon as possible. After having heard the parties, the Court ordered the parties to file a motion on 9/3/2024 informing the Court of the plans and agreements reached to have the minor attend school as soon as possible. Also, a joint motion shall be filed by 9/06/2024 informing the Court on whether the meeting set for 9/12/2024 can be held earlier. (Court Reporter DCR Courtroom 4.) (Hearing held in Courtroom 4, Hato Rey.) (cmd) |
| Filing 17 NOTICE of Appearance by Jose R. Cintron-Rodriguez on behalf of Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico) (Cintron-Rodriguez, Jose) |
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Filing 16
ORDER noted #15 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 8/28/2024. (PGA)
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| Filing 15 Motion In Compliance with Order as to 13 Order,, Set Hearings, filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/10/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Service of Orders and Motion, #2 Exhibit Service on the Commonwealth, #3 Exhibit Service on the DOE, #4 Exhibit Service on the DF)(Related document(s) 13 ) (Borres-Otero, Antonio) |
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Filing 14
ORDER. Status Conference set for 8/30/2024 at 10:30 a.m. to be held in Hato Rey Courtroom 4 before US Magistrate Judge Giselle Lopez-Soler . Signed by US Magistrate Judge Giselle Lopez-Soler on 8/27/2024. (hgp)
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Filing 13
ORDER re #5 MOTION for Preliminary Injunction, #11 Second MOTION for Writ under 28 U.S.C. 1651: Status Conference set for 8/30/2024 at 10:30 a.m. in Available Courtroom before US Magistrate Judge Giselle Lopez-Soler. Plaintiffs are ORDERED to serve Defendants with copy of this order by August 27, 2024 at 5:00 p.m. Signed by US Magistrate Judge Giselle Lopez-Soler on 8/26/2024. (PGA)
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Filing 12
ORDER REFERRING MOTIONS: #5 MOTION for Preliminary Injunction , #11 Second MOTION for Writ under 28 U.S.C. 1651 Plaintiffs' request for a preliminary injunction at ECF No. 5 and their second motion for issuance of writ at ECF No. 11 are hereby REFERRED to United States Magistrate Judge Giselle Lopez-Soler for a hearing, if she determines it necessary, and for a Report and Recommendation. Fed. R. Civ. P. 72. Defendants are ORDERED to file their responses to the motions at ECF Nos. 5 and 11 by no later than 09/10/2024. Any request for extension of time in relation to these motions is hereby REFERRED to the Magistrate Judge for disposition. Signed by Judge Aida M. Delgado-Colon on 8/26/2024.(wm)
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| Filing 11 Second MOTION for Writ under 28 U.S.C. 1651 filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/9/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Statement Adianes Figueroa, #2 Text of Proposed Order Proposed Order)(Borres-Otero, Antonio) |
| Filing 10 INFORMATIVE Motion regarding notification of Motion for Preliminary Injunction to defendants, Dept of Education, Dept of the Family and Commonwealth filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 9/3/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Evidence notification to DOE, #2 Exhibit Evidence notification to DF, #3 Exhibit Evidence notification Commonwealth)(Borres-Otero, Antonio) |
| Filing 9 SUMMONS Returned Executed by All Plaintiffs upon Commonwealth of Puerto Rico served on 8/19/2024, answer due 9/9/2024. (Borres-Otero, Antonio) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs upon Department of the Family (Commonwealth of Puerto Rico) served on 8/20/2024, answer due 9/10/2024. (Borres-Otero, Antonio) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs upon Department of Education, Commonwealth of PR served on 8/19/2024, answer due 9/9/2024. (Borres-Otero, Antonio) Modified typographical error on 8/21/2024 (idg). |
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Filing 6
ORDER. For the reasons stated, the emergency request for the issuance of a writ to stay the administrative proceedings at ECF No. 2 is DENIED. Signed by Judge Aida M. Delgado-Colon on 8/13/2024. (wm)
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| Filing 5 MOTION for Preliminary Injunction filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 8/26/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order Proposed order)(Borres-Otero, Antonio) |
| Filing 4 SUMMONS Issued as to Commonwealth of Puerto Rico, Deparment of Education, Commonwealth of PR, Department of the Family (Commonwealth of Puerto Rico). 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 3 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Aida M. Delgado-Colon. (vdm) |
| Filing 2 Emergency MOTION for Writ under 28 U.S.C. 1651, MOTION requesting Order to stay administrative proceedings filed by Antonio Borres-Otero on behalf of All Plaintiffs. Responses due by 8/26/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Statement Adianes Figueroa, #2 Text of Proposed Order Proposed order)(Borres-Otero, Antonio) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $405 receipt number APRDC-8779815.), filed by Adianes Figueroa Rivera, Jose Antonio Ghigliotti. Service due by 11/12/2024, (Attachments: #1 Affidavit Statement Adienis Figueroa, #2 Affidavit Statement Jose Ghigliotti, #3 Civil Cover Sheet Civil Cover Sheet, #4 Category Sheet Category Sheet, #5 Summons Summons Commonwealth, #6 Summons Summons DOE, #7 Summons Summons DF)(Borres-Otero, Antonio) |
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