Aponte-Davila v. Municipality of Caguas et al

Filing 321

Certification of Issue to the Puerto Rico Supreme Court. The Clerk of Court shall transmit this Certification to the Clerk of the Puerto Rico Supreme Court pursuant to P.R.Laws Ann. tit. 4 Ap. XXI-B, R. 25. Signed by Ju dge Pedro A. Delgado-Hernandez on 7/17/2017. (Attachments: # 1 Appendix, # 2 Docket Sheet, # 3 Opinion and Order, # 4 Attachment A O&O, # 5 Attachment B O&O, # 6 Complaint, # 7 Opinion and Order, # 8 First Circuit Opinion, # 9 Expert Report)(LMR)

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CASECLOSED

United States District Court
District of Puerto Rico (San Juan)
CIVIL DOCKET FOR CASE #: 3:13-cv-01367-PAD
Internal Use Only
Aponte-Davila v. Municipality of Caguas et al
Assigned to: Judge Pedro A. Delgado-Hernandez
Demand: $15,000
Case in other court: 15-01800
Cause: 28:1332 Diversity-Personal Injury

Date Filed: 05/09/2013
Jury Demand: None
Nature of Suit: 360 P.I.: Other
Jurisdiction: Diversity

Plaintiff
Jose Aponte-Davila

represented by David W. Roman
Ubarri & Roman Law Office
PO Box 79564
Carolina, PR 00984-9564
787-945-5900 787-525-7223
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Fernando D. Castro-Maldonado
Fernando D. Castro Law Offices
Box PMB 517
1353 Rd. 19
Guaynabo, PR 00966-2700
787-406-9039/725-3312
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jose Luis Ubarri-Garcia
Ubarri & Roman
PO Box 79564
Carolina, PR 00984-9564
787-945-5900 787-370-1412
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Municipality of Caguas

represented by Clarisa Sola-Gomez

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Faccio & Pabon Roca
P.O. Box 11397
Fernandez Juncos Station
San Juan, PR 00910-2497
787-764-1800
Fax: [phone]
Email:
[e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Luis E. Pabon-Roca
Faccio & Pabon Roca
P.O. Box 11397
Fernandez Juncos Station
San Juan, PR 00910-2497
787-764-1800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael C. McCall
Law Office of Michael C. McCall
PO Box 362634
San Juan, PR 00936-2634
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 06/20/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Pablo H. Montaner-Cordero
Montaner Law Offices, PSC
PO Box 9021725
San Juan, PR 00902-1725
787-705-1444/787-409-2299
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Consolidated Waste Service Corp.

represented by Pablo H. Montaner-Cordero
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Mapfre/Praico

represented by Pablo H. Montaner-Cordero
(See above for address)

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LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Third Party Defendant
Eddie Jimenez

represented by Carlo Giuseppe Agrelot-Aponte
De Corral & De Mier, LLP
130 Eleanor Roosevelt
San Juan, PR 00918-3105
787-758-0644
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Vivian Patricia Ramos-Santiago
De Corral & De Mier, LLP
130 Eleanor Roosevelt
San Juan, PR 00918-3105
787-758-0644
Fax: [phone]
Email: [e-mail]
TERMINATED: 10/05/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Third Party Defendant
Insurance Carriers
Third Party Defendant
Eddie Jimenez-Cosmo
doing business as
Cafeteria la Terraza de Eddie

represented by Eddie Jimenez-Cosmo
PRO SE
Vivian Patricia Ramos-Santiago
(See above for address)
TERMINATED: 10/05/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
Consolidated Waste Service Corp.

represented by Pablo H. Montaner-Cordero
(See above for address)
ATTORNEY TO BE NOTICED

Cross Defendant
Municipality of Caguas

represented by Clarisa Sola-Gomez
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Luis E. Pabon-Roca

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(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael C. McCall
(See above for address)
TERMINATED: 06/20/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Claimant
Municipality of Caguas

represented by Clarisa Sola-Gomez
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Luis E. Pabon-Roca
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael C. McCall
(See above for address)
TERMINATED: 06/20/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Cross Defendant
Consolidated Waste Service Corp.
ThirdParty Plaintiff
Consolidated Waste Service Corp.

represented by Pablo H. Montaner-Cordero
(See above for address)
ATTORNEY TO BE NOTICED

ThirdParty Plaintiff
Mapfre/Praico

represented by Pablo H. Montaner-Cordero
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cross Claimant
Municipality of Caguas

represented by Clarisa Sola-Gomez
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Luis E. Pabon-Roca
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael C. McCall
(See above for address)
TERMINATED: 06/20/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Cross Defendant
Eddie Jimenez

represented by Carlo Giuseppe Agrelot-Aponte
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Vivian Patricia Ramos-Santiago
(See above for address)
TERMINATED: 10/05/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cross Defendant
Eddie Jimenez-Cosmo

Date Filed

#

represented by Vivian Patricia Ramos-Santiago
(See above for address)
TERMINATED: 10/05/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Docket Text

05/09/2013

1

COMPLAINT against All Defendants, filed by Jose Aponte-Davila. Service
due by 9/9/2013, (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, #
2 Category Sheet Category Sheet, # 3 Summons Municipality of Caguas, #
4 Summons Consolidated Waste Service Corp., # 5 Summons
Mapfre/Praico)(Ubarri-Garcia, Jose) (Entered: 05/09/2013)

05/10/2013

2

NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Jay
A Garcia-Gregory (ga) (Entered: 05/10/2013)

05/10/2013

3

Summons Issued as to Consolidated Waste Service Corp., Mapfre/Praico,
Municipality of Caguas (ga) (Entered: 05/10/2013)

05/16/2013

4

SUMMONS Returned Executed by Jose Aponte-Davila upon Municipality
of Caguas served 05/15/2013, answer due 06/05/2013; , Consolidated
Waste Service Corp. served 05/15/2013, answer due 06/05/2013;
Mapfre/Praico served 05/15/2013, answer due 06/05/2013. (Attachments: #

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1 Summons Consolidated Waste Corp, # 2 Summons MAPFRE/PRAICO)
(Ubarri-Garcia, Jose) Modified on 5/17/2013 to add parties and dates of
servie(ab). (Entered: 05/16/2013)
05/16/2013

5

NOTICE of Appearance by David W. Roman on behalf of All Plaintiffs
(Roman, David) (Entered: 05/16/2013)

06/03/2013

6

MOTION for extension of time until July 3, 2013 to Answer Complaint
filed by Pablo H. Montaner-Cordero on behalf of Mapfre/Praico
Suggestions in opposition/response due by 6/20/2013 (Montaner-Cordero,
Pablo) (Entered: 06/03/2013)

06/03/2013

7

ORDER granting 6 Motion for extension of time. No further extensions.
Answer deadline due by 7/3/2013. Signed by Judge Jay A Garcia-Gregory
on 6/3/2013. (RJC) (Entered: 06/03/2013)

06/04/2013

8

NOTICE of Appearance by Luis E. Pabon-Roca on behalf of Municipality
of Caguas (Pabon-Roca, Luis) (Entered: 06/04/2013)

06/04/2013

9

MOTION for Extension of Time until August 2, 2013 to File Answer to
Complaint or Otherwise Plead filed by Clarisa Sola-Gomez on behalf of
Municipality of Caguas Suggestions in opposition/response due by
6/20/2013 (Sola-Gomez, Clarisa) (Entered: 06/04/2013)

06/04/2013

10

ORDER denying 9 Motion for Extension of Time to Answer. Signed by
Judge Jay A Garcia-Gregory on 6/4/2013. (RJC) (Entered: 06/04/2013)

06/10/2013

11

MOTION for Default Entry as to Consolidated Waste Service Corp.,
Municipality of Caguas filed by Jose Luis Ubarri-Garcia on behalf of All
Plaintiffs Suggestions in opposition/response due by 6/27/2013 (UbarriGarcia, Jose) (Entered: 06/10/2013)

06/10/2013

12

Defendant Municipality of Caguas' ANSWER to 1 Complaint, and,
CROSSCLAIM against Consolidated Waste Service Corp. filed by Luis E.
Pabon-Roca on behalf of Municipality of Caguas(Pabon-Roca, Luis)
Modified on 6/11/2013 as to filer (ab). (Entered: 06/10/2013)

06/11/2013

13

ORDER granting in part and denying in part 11 Motion for Entry of
Default. ***SET ASIDE AS PER DKT.28 ORDER***Default is hereby
entered against Consolidated Waste Service***. The motion is denied as to
the Municipality. Signed by Judge Jay A Garcia-Gregory on 6/11/2013.
(RJC) Modified on 8/22/2013 only as to Consolidated Waste Service (ab).
(Entered: 06/11/2013)

06/19/2013

14

ORDER REFERRING CASE to Magistrate Judge Carreno for an ISC. The
Court hereby sets the following schedule: Jury Trial set for 5/26/2014
09:00 AM before Judge Jay A Garcia-Gregory. Pretrial/Settlement
Conference set for 5/19/2014 09:00 AM before Judge Jay A GarciaGregory. Memorandum Filing due by 5/5/2014.Signed by Judge Jay A
Garcia-Gregory on 6/19/2013.(RJC) Modified on 6/20/2013 to correct
memorandum filing ddl (ab). (Entered: 06/19/2013)

06/19/2013

15

MEMORANDUM OF THE CLERK: Pursuant to the Referral Order issued
by Judge Jay A. Garcia-Gregory on 6/19/13, docket entry #14, this case is

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hereby referred to Magistrate Judge Silvia Carreno-Coll for an Initial
Scheduling Conference. Signed by Clerk on 6/19/13. (li) (Entered:
06/19/2013)
06/20/2013

16

MOTION Consideration of Dates in Which Counsel Will be Away From
Puerto Rico in Scheduling ISC re 14 Scheduling Order/Case Management
Order, Order Referring Case to Magistrate Judge,, 15 Memorandum of the
Clerk, filed by Jose Luis Ubarri-Garcia on behalf of All Plaintiffs
Suggestions in opposition/response due by 7/8/2013 (Related document(s)
14 , 15 ) (Ubarri-Garcia, Jose) (Entered: 06/20/2013)

06/24/2013

17

ORDER: A Joint ISC Memorandum is due by 8/2/2013 covering all
items in Judge Garcia's order at Docket No. 14. An Initial Scheduling
Conference is set for 8/12/2013 at 03:30 PM in SCC's Chambers before
US Magistrate Judge Silvia Carreno-Coll. Motions to continue or
reschedule the ISC will not be considered unless the moving counsel
first contacts all other attorneys and certifies at least three proposed
alternative dates when all parties will be available.Signed by US
Magistrate Judge Silvia Carreno-Coll on 6/24/2013.(mcv) (Entered:
06/24/2013)

06/24/2013

18

ORDER noted 16 Motion for Miscellaneous Relief. Signed by US
Magistrate Judge Silvia Carreno-Coll on 6/24/2013. (mcv) (Entered:
06/24/2013)

07/03/2013

19

ANSWER to 1 Complaint, filed by Pablo H. Montaner-Cordero on behalf
of Defendant Mapfre/Praico.(Montaner-Cordero, Pablo) (Entered:
07/03/2013)

07/08/2013

20

MOTION to Set Aside Default as to Consolidated Waste Service Corp.
filed by Consolidated Waste Service Corp. Suggestions in
opposition/response due by 7/26/2013 (Montaner-Cordero, Pablo) (Entered:
07/08/2013)

07/08/2013

21

ANSWER to 1 Complaint, filed by Pablo H. Montaner-Cordero on behalf
of Defendant Consolidated Waste Service Corp..(Montaner-Cordero, Pablo)
(Entered: 07/08/2013)

07/09/2013

22

ANSWER to 12 Crossclaim,, and Counter CROSSCLAIM against
Municipality of Caguas filed by Pablo H. Montaner-Cordero on behalf of
Defendant Consolidated Waste Service Corp..(Montaner-Cordero, Pablo)
Modified on 7/10/2013 to edit title (ab). (Entered: 07/09/2013)

07/11/2013

23

Consent MOTION to Continue Initial Scheduling Conference (Without
Objection) filed by David W. Roman on behalf of Jose Aponte-Davila
Suggestions in opposition/response due by 7/29/2013 (Roman, David)
(Entered: 07/11/2013)

07/12/2013

24

NOTICE of Appearance by Michael C. McCall on behalf of Municipality
of Caguas (McCall, Michael) (Entered: 07/12/2013)

07/22/2013

25

ORDER granting 23 Motion to Continue. The Initial Scheduling
Conference is reset for 9/13/2013 at 09:15 AM in SCC's Chambers before

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US Magistrate Judge Silvia Carreno-Coll. Signed by US Magistrate Judge
Silvia Carreno-Coll on 7/22/2013. (mcv) (Entered: 07/22/2013)
07/30/2013

26

MOTION to Strike Re: 22 Answer to Crossclaim, filed by Consolidated
Waste Service Corp., MOTION Motion to Strike Defendant Consolidate
Waste Services Corp.'s Answer to Cross Claim and Counter Cross Claim
(Docket No. 22) or, in the alternative, motion requesting that the Court find
that the Municipality of Caguas has no obligation to respond to or answer
ConWaste's Cross Counter Claim Until the Court rules on the Motion to
Strike filed by Michael C. McCall on behalf of Municipality of Caguas
Suggestions in opposition/response due by 8/15/2013 (Related document(s)
22 ) (McCall, Michael) (Entered: 07/30/2013)

08/21/2013

27

MOTION to Consider as Unopposed re 26 MOTION to Strike Re: 22
Answer to Crossclaim, filed by Consolidated Waste Service Corp. filed by
Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 9/6/2013 (Related document(s) 26 ) (McCall,
Michael) Modified on 8/22/2013 to edit dkt. text(ab). (Entered: 08/21/2013)

08/21/2013

28

ORDER granting 20 Motion to Set Aside Default. The motion is
unopposed, and shows good cause sufficient to set aside the default. Signed
by Judge Jay A Garcia-Gregory on 8/21/2013. (RJC) (Entered: 08/21/2013)

08/21/2013

29

ORDER denying 26 Motion; denying 27 Motion. Signed by Judge Jay A
Garcia-Gregory on 8/21/2013. (RJC) (Entered: 08/21/2013)

09/03/2013

30

Partial Joint Initial Scheduling Memorandum re: 14 Scheduling Order/Case
Management Order, Order Referring Case to Magistrate Judge,, filed by
Jose Luis Ubarri-Garcia on behalf of Jose Aponte-Davila, Consolidated
Waste Service Corp., Mapfre/Praico Suggestions in opposition/response
due by 9/19/2013 (Related document(s) 14 ) (Ubarri-Garcia, Jose) Modified
on 9/4/2013 to edit title(ab). (Entered: 09/03/2013)

09/03/2013

31

Joint Initial Scheduling Memorandum filed by Michael C. McCall on behalf
of Jose Aponte-Davila, Consolidated Waste Service Corp., Mapfre/Praico,
Municipality of Caguas Suggestions in opposition/response due by
9/19/2013 (McCall, Michael) Modified on 9/4/2013 to correct title (ab).
(Entered: 09/03/2013)

09/03/2013

(Court only) ***doc. terminated as a pending Motion: 30 Partial Joint
Initial Scheduling Memorandum re: 14 Scheduling Order/Case
Management Order, Order Referring Case to Magistrate Judge,, filed by
Jose Aponte-Davila, Consolidated Waste Service Corp., Mapfre/Praico.
(ab) (Entered: 09/04/2013)

09/03/2013

(Court only) ***doc. terminated as a pending Motion: 31 Joint Initial
Scheduling Memorandum filed by Jose Aponte-Davila, Municipality of
Caguas, Consolidated Waste Service Corp., Mapfre/Praico. (ab) (Entered:
09/04/2013)

09/04/2013

32

MOTION to Strike Re: 31 Joint Initial Scheduling Memorandum filed by
Jose Aponte-Davila, Municipality of Caguas, Consolidated Waste Service
Corp., Mapfre/Praico filed by Jose Luis Ubarri-Garcia on behalf of All

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Plaintiffs Suggestions in opposition/response due by 9/20/2013
(Attachments: # 1 Exhibit Email from counsel Mc. Call)(Related document
(s) 31 ) (Ubarri-Garcia, Jose) (Entered: 09/04/2013)
09/05/2013

33

ORDER holding in abeyance 32 Motion to Strike. Defendant Municipality
shall show cause as to why sanctions, monetary and otherwise, should not
be imposed for filing a joint motion without consent of the appearing
parties. Show Cause Response due by 9/6/2013. Signed by Judge Jay A
Garcia-Gregory on 9/5/2013. (RJC) (Entered: 09/05/2013)

09/05/2013

34

MOTION for Leave to File Document Third Party Complaint filed by
Pablo H. Montaner-Cordero on behalf of Consolidated Waste Service
Corp., Mapfre/Praico Suggestions in opposition/response due by 9/23/2013
(Attachments: # 1 Third Party Complaint, # 2 Summons on a Third Party
Complaint)(Montaner-Cordero, Pablo) (Entered: 09/05/2013)

09/06/2013

35

***FILED IN ERROR***INFORMATIVE Motion, Motion In Compliance
with Court Order (DE 72) filed by David W. Roman on behalf of All
Plaintiffs Suggestions in opposition/response due by 9/23/2013 (Roman,
David) Modified on 9/6/2013 (er). (Entered: 09/06/2013)

09/06/2013

NOTICE of Docket Text Modification by Deputy Clerk re: 35
INFORMATIVE Motion Motion In Compliance>with Court Order (DE 72)
***FILED IN ERROR, INCORRECT CASE NUMBER*** (er) (Entered:
09/06/2013)

09/06/2013

(Court only) ***Motions terminated: 35 INFORMATIVE Motion Motion
In Compliance with Court Order (DE 72) filed by Jose Aponte-Davila. (er)
(Entered: 09/06/2013)

09/06/2013

36

ORDER granting 34 Motion for Leave to File. Signed by Judge Jay A
Garcia-Gregory on 9/6/2013. (RJC) (Entered: 09/06/2013)

09/06/2013

37

RESPONSE TO ORDER TO SHOW CAUSE filed by Municipality of
Caguas Re: 32 MOTION to Strike Re: 31 Joint Initial Scheduling
Memorandum filed by Jose Aponte-Davila, Municipality of Caguas,
Consolidated Waste Service Corp., Mapfre/Praico filed by Jose AponteDavila, 33 Order on Motion to Strike, filed by Municipality of Caguas.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)
(McCall, Michael) (Entered: 09/06/2013)

09/09/2013

38

THIRD PARTY COMPLAINT against Eddie Jimenez, filed by
Consolidated Waste Service Corp., Mapfre/Praico. (Attachments: # 1
Summons on a Third Party Complaint)(Montaner-Cordero, Pablo) (Entered:
09/09/2013)

09/10/2013

39

SUMMONS on a Third Party Complaint Issued as to Eddie Jimenez-Cosmo
(rc) Modified on 9/11/2013 to correct party(ab). (Entered: 09/10/2013)

09/13/2013

40

ANSWER to 22 Counter Cross Claim of Consolidated Waste Services
Corp. filed by Michael C. McCall on behalf of Municipality of Caguas.
(McCall, Michael) Modified on 9/16/2013 to edit dkt text and create
relationship to document #22 (ab). (Entered: 09/13/2013)

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09/13/2013

42

Minute Entry for proceedings held before US Magistrate Judge Silvia
Carreno-Coll: An Initial Scheduling Conference was held on 9/13/2013.
Deadline to conclude initial disclosures under Rule 26 due by
9/18/2013. Submission to written discovery: Interrogatories, Requests
for production of documents, and Requests for admissions due by
10/2/2013. Answer to written discovery: Interrogatories, Requests for
production of documents, and Requests for admissions due by
10/16/2013. The parties will announce their respective expert witnesses
and exchange their curriculum vitae by 10/16/2013. Deadline for
plaintiffs to produce expert witnesses reports due by 2/15/2014.
Deadline for defendant to produce expert witnesses reports due by
2/28/2014. Deadline to take fact and expert witnesses depositions due by
3/30/2014. Conclusion of all Discovery due by 4/10/2014. Deadline to
file motions for summary judgment or any other dispositive motion due
by 5/10/2014. Deadline to file answers to motions for summary
judgment or any other dispositive motion due by 6/9/2014. (mcv)
(Entered: 10/03/2013)

09/16/2013

41

ORDER denying 32 Motion to Strike. Signed by Judge Jay A GarciaGregory on 9/16/2013. (RJC) (Entered: 09/16/2013)

10/16/2013

43

MOTION for extension of time until October 3, 2013 to for written
discovery requests filed by Michael C. McCall on behalf of Municipality of
Caguas Suggestions in opposition/response due by 11/1/2013 (Attachments:
# 1 Exhibit 1, # 2 Exhibit 2)(McCall, Michael) (Entered: 10/16/2013)

10/23/2013

44

NOTICE of Appearance by Vivian Patricia Ramos-Santiago on behalf of
Eddie Jimenez-Cosmo (Ramos-Santiago, Vivian) (Entered: 10/23/2013)

10/23/2013

45

MOTION for Extension of Time until November 22, 2013 to File Answer
to Third Party Complaint or Otherwise Plead filed by Vivian Patricia
Ramos-Santiago on behalf of Eddie Jimenez-Cosmo Suggestions in
opposition/response due by 11/8/2013 (Ramos-Santiago, Vivian) (Entered:
10/23/2013)

10/25/2013

46

RESPONSE to Motion By Defendant for Extension of Time filed by Jose
Aponte-Davila Re: 43 MOTION for extension of time until October 3, 2013
to for written discovery requests filed by Municipality of Caguas filed by
Jose Aponte-Davila. (Roman, David) (Entered: 10/25/2013)

10/28/2013

47

ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE
CARRENO FOR DISPOSITION: 45 MOTION for Extension of Time until
November 22, 2013 to File Answer to Third Party Complaint or Otherwise
Plead filed by Eddie Jimenez-Cosmo, 43 MOTION for extension of time
until October 3, 2013. Signed by Judge Jay A. Garcia-Gregory on
10/28/2013.(RJC) (Entered: 10/28/2013)

10/30/2013

48

ORDER granting 43 Motion for Extension of Time. The Court has little
patience for Plaintiff's claim that he was justified in disregarding Defendant
Caguas's interrogatories because they were served a day late. The nunc pro
tunc extension of time is granted, and Plaintiff should respond promptly, no
later than November 14, 2013. Depositions of Plaintiff may be postponed

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until after the interrogatories are answered. The parties should meet and
confer---and settle between themselves---the dispute over how many and
which of the interrogatories must be answered. Signed by US Magistrate
Judge Silvia Carreno-Coll on 10/30/2013. (NBB) (Entered: 10/30/2013)
10/30/2013

49

ORDER granting 45 Motion for Extension of Time to Answer. Answer
deadline due by 11/22/2013. Signed by US Magistrate Judge Silvia
Carreno-Coll on 10/30/2013. (NBB) (Entered: 10/30/2013)

10/31/2013

50

SUMMONS Returned Executed by Consolidated Waste Service Corp. upon
Eddie Jimenez-Cosmo served on 10/3/2013, answer due 10/24/2013.
(Montaner-Cordero, Pablo) (Entered: 10/31/2013)

11/15/2013

51

MOTION for Leave to File Document CrossClaim filed by Michael C.
McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 12/5/2013 (Attachments: # 1 Exhibit
CrossClaim)(McCall, Michael) (Entered: 11/15/2013)

11/15/2013

52

ORDER granting 51 Motion for Leave to File. Signed by Judge Jay A.
Garcia-Gregory on 11/15/2013. (RJC) (Entered: 11/15/2013)

11/20/2013

53

ORDER re 52 Order: Counsel shall file the crossclaim in a separate docket
entry. Signed by Judge Jay A. Garcia-Gregory on 11/20/2013.(RJC)
(Entered: 11/20/2013)

11/20/2013

54

CROSSCLAIM against Eddie Jimenez, Eddie Jimenez-Cosmo, filed by
Municipality of Caguas.(McCall, Michael) (Entered: 11/20/2013)

11/22/2013

55

ANSWER to 38 Third Party Complaint filed by Vivian Patricia RamosSantiago on behalf of Third Party Defendant Eddie Jimenez-Cosmo.
(Ramos-Santiago, Vivian) (Entered: 11/22/2013)

01/27/2014

56

ANSWER to 54 Crossclaim from Municipality of Caguas filed by Vivian
Patricia Ramos-Santiago on behalf of Cross Defendant Eddie JimenezCosmo, Third Party Defendant Eddie Jimenez-Cosmo.(Ramos-Santiago,
Vivian) (Entered: 01/27/2014)

01/27/2014

57

MOTION To Set New Case Management Deadlines filed by Vivian
Patricia Ramos-Santiago on behalf of Eddie Jimenez-Cosmo Suggestions in
opposition/response due by 2/13/2014 (Ramos-Santiago, Vivian) (Entered:
01/27/2014)

01/27/2014

58

ORDER REFERRING 57 MOTION to Magistrate Judge Carreno for
disposition. Signed by Judge Jay A. Garcia-Gregory on 1/27/2014.(RJC)
(Entered: 01/27/2014)

01/29/2014

59

RESPONSE in Opposition to Motion for Omnibus Order Setting New Case
Management Deadlines and for Other Remedies filed by Jose AponteDavila Re: 57 MOTION To Set New Case Management Deadlines filed by
Eddie Jimenez-Cosmo filed by Jose Aponte-Davila. (Attachments: # 1
Discovery Scheduling Letter to Counsel, # 2 Letter to Counsel Regarding
Discovery Schedule, # 3 Demand for Initial Disclosures from Third Party
Defendant, # 4 Incomplete Initial Disclosures and Response)(Ubarri-Garcia,
Jose) (Entered: 01/29/2014)

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01/30/2014

60

MOTION to Compel Discovery Compliance and to Admonish filed by
David W. Roman on behalf of Jose Aponte-Davila Suggestions in
opposition/response due by 2/18/2014 (Attachments: # 1 Exhibit Email to
Defendant Municipality of Caguas, # 2 Exhibit McCall Confirmation, # 3
Exhibit Delivery Confirmation - Other)(Roman, David) (Entered:
01/30/2014)

01/31/2014

61

NOTICE of Appearance by Fernando D. Castro-Maldonado on behalf of
All Plaintiffs (Castro-Maldonado, Fernando) Modified on 2/3/2014 as to
filers (ab). (Entered: 01/31/2014)

01/31/2014

(Court only) ***Attorney update for Jose Aponte-Davila. Attorney
Fernando D. Castro-Maldonado for Jose Aponte-Davila added. *** (ab)
Modified on 2/3/2014 to edit entry(ab). (Entered: 02/03/2014)

02/05/2014

62

ORDER granting in part and denying in part 57 Motion for Miscellaneous
Relief. Third party defendant moves the Court for an extension of discovery
deadlines, based on the fact that it entered the case after the setting of the
discovery schedule and after some of those deadlines had expired. Although
the Court understands that some leeway is warranted, the Court cannot
extend the deadline beyond the trial date set by the presiding judge. In view
of that, the following deadlines are set: Deadline to serve interrogatories,
requests for production of documents and/or requests for admissions due by
2/15/2014. Deadline to answer written discovery requests and name expert
witnesses due by 2/28/2014. Deadline for defendants/third party defendants
to notify expert reports due by 3/20/2014. Deadline to conclude discovery
due by 3/30/2014. Deadline to file dispositive motions due by 4/15/2014.
Deadline to answer dispositive motions due by 4/30/2014. Signed by US
Magistrate Judge Silvia Carreno-Coll on 2/5/2014. (mcv) (Entered:
02/05/2014)

02/05/2014

63

ORDER granting 60 Motion to Compel. Defendant Municipality of Caguas
must answer all written discovery by 2/28/2014. All parties shall try to
expedite discovery and cooperate in the process in compliance with Local
Rule 26(b). Signed by US Magistrate Judge Silvia Carreno-Coll on
2/5/2014. (mcv) (Entered: 02/05/2014)

02/11/2014

64

RESPONSE in Opposition to Motion filed by Municipality of Caguas Re:
60 MOTION to Compel Discovery Compliance and to Admonish filed by
Jose Aponte-Davila filed by Municipality of Caguas. (McCall, Michael)
(Entered: 02/11/2014)

03/18/2014

65

MOTION for extension of time until April 18 2014 to Conclude Discovery
filed by Vivian Patricia Ramos-Santiago on behalf of Eddie Jimenez
Suggestions in opposition/response due by 4/3/2014 (Attachments: # 1
Exhibit I, # 2 Exhibit II)(Ramos-Santiago, Vivian) (Entered: 03/18/2014)

03/20/2014

66

MOTION for extension of time until 60 days to conclude discovery filed by
Pablo H. Montaner-Cordero on behalf of Consolidated Waste Service
Corp., Mapfre/Praico Suggestions in opposition/response due by 4/7/2014
(Attachments: # 1 Exhibit Plaintiffs notification of expert reports 2/18/14, #
2 Exhibit Dr. Eric Javier's report dated 3/17/10, # 3 Exhibit Dr. Eric Javier's

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report dated 1/30/14, # 4 Exhibit Defendants notification of Dr. Olando
Fernandez' report 3/19/14, # 5 Exhibit Dr, Orlando Fernandez' report dated
3/18/14, # 6 Exhibit Conwaste e-mail to plaintiff dated 10/28/13)
(Montaner-Cordero, Pablo) (Entered: 03/20/2014)
03/20/2014

67

RESPONSE in Opposition to 65 MOTION for extension of time until April
18 2014 to Conclude Discovery filed by Jose Aponte-Davila. (Roman,
David) Modified on 4/1/2014 as to docket text (mr). (Entered: 03/20/2014)

03/21/2014

68

RESPONSE in Opposition to 66 MOTION for extension of time until 60
days to conclude discovery filed by Jose Aponte-Davila. (Attachments: # 1
Exhibit Rosa Brown CV)(Roman, David) Modified on 4/1/2014 as to
docket text(mr). (Entered: 03/21/2014)

03/25/2014

69

Emergency MOTION for Protective Order filed by David W. Roman on
behalf of Jose Aponte-Davila Suggestions in opposition/response due by
4/10/2014 (Attachments: # 1 Exhibit Aponte Notice of Deposition, # 2
Exhibit Aponte StatementUnder Penalty of Perjury, # 3 Exhibit Montaner
Emails, # 4 Exhibit Letter to all Counsel)(Roman, David) (Entered:
03/25/2014)

03/26/2014

70

MEMORANDUM OF THE CLERK: Pursuant to newly appointed District
Judge, this case is now transferred to the Docket of Hon. Pedro A. DelgadoHernandez, U.S. District Judge. All future pleadings shall bear the
following initials next to the case number: CIVIL CASE NO. 13-1367
(PAD). Judge Jay A. Garcia-Gregory no longer assigned to the case. Signed
by Clerk on 3/26/14.(be) (Entered: 03/26/2014)

03/26/2014

71

MOTION to Dismiss/Lack of Prosecution as to Jose Aponte-Davila re: 69
Emergency MOTION for Protective Order filed by Pablo H. MontanerCordero on behalf of Consolidated Waste Service Corp., Mapfre/Praico.
Suggestions in oppo3ition/response due by 4/11/2014 (Attachments: # 1
Exhibit Email dated 3/14/14, # 2 Exhibit Notice of Taking of Deposition
dated 3/13/14)(Montaner-Cordero, Pablo) Modified on 3/31/2014 to create
relationship to document #69 (mr). (Entered: 03/26/2014)

03/26/2014

72

RESPONSE in Opposition to 71 Motion to Dismiss and/or to Summarily
Deny plaintiffs emergency motion filed by Jose Aponte-Davila.
(Attachments: # 1 Exhibit Complete Atty Montaner Emails)(Roman, David)
Modified on 3/31/2014 as to docket text (mr). (Entered: 03/26/2014)

03/26/2014

73

MOTION to Dismiss/Lack of Prosecution as to Jose Aponte-Davila,
MOTION for extension of time until of sixty day to complete discovery and
of the other case management deadlines, MOTION for Joinder re 65
MOTION for extension of time until April 18 2014 to Conclude Discovery
filed by Eddie Jimenez, 71 MOTION to Dismiss/Lack of Prosecution as to
Jose Aponte-Davila filed by Consolidated Waste Service Corp.,
Mapfre/Praico, 66 MOTION for extension of time until 60 days to conclude
discovery filed by Consolidated Waste Service Corp., Mapfre/Praico filed
by Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 4/11/2014 (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7

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Exhibit 7)(Related document(s) 65 , 71 , 66 ) (McCall, Michael) Modified
on 4/1/2014 to change relief from miscellaneous relief to Motion for
Joinder (mr). (Entered: 03/26/2014)
04/07/2014

74

RESPONSE in Opposition to Motion by Defendant Municipality of Caguas
to Join filed by Jose Aponte-Davila Re: 73 MOTION to Dismiss/Lack of
Prosecution as to Jose Aponte-Davila MOTION for extension of time until
of sixty day to complete discovery and of the other case management
deadlinesMOTION for Joinder filed by Municipality of Caguas filed by
Jose Aponte-Davila. (Roman, David) (Entered: 04/07/2014)

04/13/2014

75

Supplemental Motion as Addendum to Responses in Opposition DE. #67,
#68, & #74 re: 67 Response in Opposition to Motion, 74 Response in
Opposition to Motion, 68 Response in Opposition to Motion filed by David
W. Roman on behalf of Jose Aponte-Davila Suggestions in
opposition/response due by 5/1/2014 (Attachments: # 1 Exhibit McCall
Email)(Related document(s) 67 , 74 , 68 ) (Roman, David) (Entered:
04/13/2014)

04/14/2014

76

ORDER: granting 65 Motion for Additional Extension of Time to Complete
Discovery; granting 66 Motion for Extension of Time to Conclude
Discovery; denying 69 Emergency Motion for Protective Order; denying 71
Motion to Dismiss for Lack of Prosecution and/or to Summarily Deny
Plaintiffs Emergency Motion Due to the Plaintiffs Failure to Meet and
Confer Before Filing the Same; granting in part and denying in part 73
Motion to Join Consolidated Waste and MAPFREs Motion to Dismiss;
noting 75 Addendum to Plaintiffs Opposition to Municipality of Caguas
Motion to Join, Defendant Conwastes Motion for Discovery Extension, and
Third-Party Defendants Motion for Discovery Extension. Discovery due by
6/16/2014. The parties are to file a joint progress report regarding discovery
every 15 days beginning on April 30, 2014 until June 16, 2014, when all
discovery is due. Motions for Summary Judgment due on or before June 30,
2014, and oppositions thereto are to be submitted 30 days thereafter. Reply
to opposition to motion(s) for summary judgment are due 10 days later. No
sur-reply will be tendered unless the Court authorizes the filing. The trial
set for May 26, 2014 and the pretrial set for May 19, 2014 are VACATED.
The Court may schedule a conference at any time as considered
appropriate. Signed by Judge Pedro A. Delgado-Hernandez on 4/14/2014.
(Delgado-Hernandez, Pedro) (Entered: 04/14/2014)

04/14/2014

(Court only) Set Deadlineas to : Motions for Summary Judgment due by
6/30/2014. (mr) (Entered: 04/15/2014)

04/15/2014

77

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and/or for
Judgment on the Pleadings filed by Michael C. McCall on behalf of
Municipality of Caguas Suggestions in opposition/response due by
5/1/2014 (McCall, Michael) Modified on 4/16/2014 as to title (mr).
(Entered: 04/15/2014)

04/16/2014

78

Order: Noting 77 Motion to Dismiss for Lack of Subject Matter Jurisdiction
and/or for Judgment on the Pleadings. The Court will evaluate the merits of
the motion at a later date, after plaintiff and the other parties present their

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positions as to the motion. Considering the procedural background of the
case, however, the discovery shall not be stayed pending adjudication of
Docket No. 77. Signed by Judge Pedro A. Delgado-Hernandez on
4/16/2014. (DJP) (Entered: 04/16/2014)
04/25/2014

79

Emergency MOTION for Reconsideration of Denial of Request for
Protective Order re 76 Motion for Protective Order filed by David W.
Roman on behalf of Jose Aponte-Davila Suggestions in opposition/response
due by 5/12/2014 (Attachments: # 1 Affidavit Statement by Jose Aponte
Davila, # 2 Exhibit Letter to all counsel)(Related document(s) 76 ) (Roman,
David) Modified on 4/28/2014 as to docket text (mr). (Entered: 04/25/2014)

05/01/2014

80

First REPORT on Progress of Discovery by Jose Aponte-Davila. (Roman,
David) Modified on 5/2/2014 as to dkt text(mr). (Entered: 05/01/2014)

05/02/2014

81

RESPONSE in Opposition to 77 MOTION to Dismiss for Lack of Subject
Matter Jurisdiction and/or for Judgment on the Pleadings filed by All
Plaintiffs . (Attachments: # 1 Exhibit Request for Admissions, # 2 Exhibit
Letter of August 3, 2009, # 3 Exhibit Return Receipt dated August 26,
2009, # 4 Exhibit Return Receipt dated September 15, 2009, # 5 Exhibit
Certified Mail Receipt dated September 12, 2009, # 6 Exhibit Letter from
Acosta Adjustment dated October 6, 2009, # 7 Exhibit Letter to Acosta
Adjustment dated October 13, 2009)(Ubarri-Garcia, Jose) Modified on
5/5/2014 as to title/dkt text (mr). (Entered: 05/02/2014)

05/12/2014

82

ORDER: Noted 79 "Emergency Motion for Reconsideration of Denial of
Request for Protective Order." The Court will adjudicate the motion
after reviewing the joint report due on 5/15/2014. Signed by Judge Pedro
A. Delgado-Hernandez on 5/12/2014. (DJP) Modified on 5/13/2014 to
correct date of report deadline (mr). (Entered: 05/12/2014)

05/12/2014

83

MOTION for Leave to File Document Reply, MOTION for Extension of
Time until May 27, 2014 to File Response/Reply as to 77 MOTION for
Judgment on the Pleadings filed by Municipality of Caguas, 81
Memorandum in Opposition to Motion,, filed by Jose Aponte-Davila filed
by Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 5/30/2014 (Related document(s) 77 , 81 )
(McCall, Michael) (Entered: 05/12/2014)

05/13/2014

84

ORDER: Granting 83 "Motion for Leave to file Reply to Plaintiff's
Opposition to Motion for Lack of Subject Matter Jurisdiction and/or for
Judgment on the Pleadings." The Municipality of Caguas shall file its reply
by May 27, 2014. Signed by Judge Pedro A. Delgado-Hernandez on
5/13/2014. (DJP) (Entered: 05/13/2014)

05/15/2014

85

May Joint Discovery REPORT by All Parties. (McCall, Michael) Modified
on 5/16/2014 as to title & filers (mr). (Entered: 05/15/2014)

05/15/2014

86

MOTION Submitting certified translation re 77 MOTION to Dismiss filed
by Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 6/2/2014 (Attachments: # 1 Exhibit certified
translation)(McCall, Michael) Modified on 5/16/2014 to add doc.
relationship (mr). (Entered: 05/15/2014)

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05/19/2014

87

ORDER: With regards to 79 "Emergency Motion for Reconsideration of
Denial of Request for Protective Order," Status conference to be held on
June 11, 2014 at 9:30 AM in Judge Pedro A. Delgado-Hernandez'
chambers. The parties shall be prepared to discuss legal theories, facts,
status of the case, prospect of settlement, and pending discovery. Docket
No. 79 will be adjudicated following status conference. Plaintiff's
deposition is stayed until further notice. Signed by Judge Pedro A. DelgadoHernandez on 5/19/2014. (DJP) (Entered: 05/19/2014)

05/20/2014

88

ORDER: Noting 86 "Motion Submitting Certified Translation." Signed by
Judge Pedro A. Delgado-Hernandez on 5/20/2014. (DJP) (Entered:
05/20/2014)

05/27/2014

89

REPLY to 81 Response in Opposition to 77 MOTION for Judgment on the
Pleadings filed by Municipality of Caguas. (McCall, Michael) Modified on
5/28/2014 as to title/dkt text (mr). (Entered: 05/27/2014)

05/28/2014

90

MOTION to Continue Status Conference , MOTION for Extension of Time
to Conclude Discovery filed by Pablo H. Montaner-Cordero on behalf of
Consolidated Waste Service Corp., Mapfre/Praico Suggestions in
opposition/response due by 6/13/2014 (Montaner-Cordero, Pablo). Added
MOTION for extension of time on 5/29/2014 (mr). (Entered: 05/28/2014)

05/28/2014

91

MOTION Submitting Exhibit A and Requesting the Court allow Exhibit A
to be considered when evaluating the Municipality of Caguas Reply
(Docket No. 89) and that such document be deemed as having been filed
along with the Reply as Exhibit A thereto. Exhibit A re: 89 Reply to
Response to Motion filed by Municipality of Caguas filed by Michael C.
McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 6/13/2014 (Attachments: # 1 Exhibit Exhibit A
- March 20, 2014 Rule 26 email communication with Plaintiff's counsel
David Roman)(Related document(s) 89 ) (McCall, Michael) (Entered:
05/28/2014)

05/28/2014

92

RESPONSE in Opposition to 90 MOTION to Continue Status Conference,
MOTION for Extension of Time to Conclude Discovery filed by Jose
Aponte-Davila. (Attachments: # 1 Exhibit Partial docket State Court case, #
2 Exhibit Letter to Atty Montaner)(Roman, David) Modified on 5/29/2014
to delete repeated unnecessary text (mr). (Entered: 05/28/2014)

06/02/2014

93

ORDER: Noting 90 Consolidated Waste Services Corp.s and MAPFREs
Motion to Continue and for Extension of Time to Conclude Discovery.
Therein, attorney Pablo H. Montaner Cordero states he will not be able to
attend the Status Conference scheduled on May 19, 2014 for June 11, 2014,
due to a previously scheduled trial in the San Juan Superior Court. The
Court scheduled the Conference upon review of Docket No. 85 (May Joint
Discovery Report), wherein the parties represented to have set aside June
11, 2014, to depose plaintiffs economic expert. At the time, Consolidateds
counsel did not alert the Court of any potential scheduling problem. On
April 11, 2014, the Court ruled on various motions related to discovery.
Among other things, it denied plaintiffs request that Consolidated be
forbidden from taking his deposition or in the alternative, that it be required

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to pay the cost and expenses of having plaintiff travel to Puerto Rico to be
deposed. Moreover, it ordered the parties to file a joint report regarding
discovery every 15 days beginning on April 30, 2014. Even though plaintiff
filed a discovery progress report on May 1, 2014, defendants did not either
join plaintiffs report or filed a separate report. Likewise, a joint report was
due on May 30, 2014, but none was filed. It is apparent a conference is
required to move this case along. Counsel should expect additional
information on this matter later today. Signed by Judge Pedro A. DelgadoHernandez on 6/2/2014. (DJP) (Entered: 06/02/2014)
06/02/2014

94

INFORMATIVE Motion regarding Clarifying Plaintiff's Position
Regarding Docket #93 filed by David W. Roman on behalf of Jose AponteDavila Suggestions in opposition/response due by 6/19/2014 (Roman,
David) (Entered: 06/02/2014)

06/03/2014

95

ORDER: On June 2, 2014, and June 3, 2014, the Court contacted counsel
for all the parties. Counsel expressed their availability to confer on June 9,
2014 in the AM. Counsel for Eddie Jimenez-Cosmo, attorney Vivian
Patricia Ramos-Santiago, indicated that even though she had a trial starting
on June 9, 2014, she could send someone on her behalf. Accordingly, the
Court sets a Status Conference for June 9, 2014, at 9:30 AM. The Status
Conference set for June 11, 2014 at 87 is VACATED. Signed by Judge
Pedro A. Delgado-Hernandez on 6/3/2014. (DJP) (Entered: 06/03/2014)

06/04/2014

96

ORDER: Noting 94 "Informative Motion Clarifying Plaintiff's Position
Regarding Docket # 93." Signed by Judge Pedro A. Delgado-Hernandez on
6/4/2014. (DJP) (Entered: 06/04/2014)

06/06/2014

97

MEMORANDUM & ORDER: Denying 77 "Motion to Dismiss for Lack of
Subject Matter Jurisdiction and/or for Judgment on the Pleadings." Signed
by Judge Pedro A. Delgado-Hernandez on 6/6/2014. (DJP) Modified on
6/9/2014 to add word memorandum (mr). (Entered: 06/06/2014)

06/06/2014

98

Amended Memorandum and Order to correct typographical error: Denying
77 "Motion to Dismiss for Lack of Subject Matter Jurisdiction and/or for
Judgment on the Pleadings." Signed by Judge Pedro A. Delgado-Hernandez
on 6/6/2014.(DJP) (Entered: 06/06/2014)

06/09/2014

99

ORDER: Respecting 91 , the Court considered the attachment when it
evaluated the Municipality's "Reply to Plaintiff's Opposition to Motion to
Dismiss for Lack of Subject Matter Jurisdiction and/or for Judgment on the
Pleadings." (Docket No. 89). The document should be deemed to have been
filed with the Reply as Exhibit A. Signed by Judge Pedro A. DelgadoHernandez on 6/9/2014. (DJP) (Entered: 06/09/2014)

06/09/2014

100

Minute Entry for proceedings held before Judge Pedro A. DelgadoHernandez: Status Conference held on 6/9/2014 held in chambers.
Depositions scheduled. Municipality of Caguas' Motion to Compel due
by 6/11/2014. Joint Status Report re: case progress due by 6/16/2014
and shall be filed every 15 days afterwards. Discovery due by
10/1/2014. Motions for Summary Judgment due by 10/31/2014.
Response to Motion for Summary Judgment due by 12/1/2014. Replies

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and sur-replies will be allowed. They may be submitted without further
Court authorization not later than five (5) days after filing of the motion
they are responding to. (Court Reporter None.) (ct) (Entered: 06/09/2014)
06/11/2014

101

MOTION to Compel filed by Michael C. McCall on behalf of Municipality
of Caguas Suggestions in opposition/response due by 6/30/2014
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10)(McCall, Michael) (Entered: 06/11/2014)

06/16/2014

102

Joint Discovery REPORT BY PARTIES OF JUNE 16, 2014 by All Parties.
(Roman, David) Modified on 6/17/2014 as to title (mr). (Entered:
06/16/2014)

06/18/2014

103

RESPONSE in Opposition to 101 MOTION to Compel filed by All
Plaintiffs. (Attachments: # 1 Exhibit)(Roman, David) Modified on
6/19/2014 as to title/dkt text (mr). (Entered: 06/18/2014)

06/30/2014

104

Joint MOTION Submitting Joint Discovery Report filed by Vivian Patricia
Ramos-Santiago on behalf of All Parties. Suggestions in
opposition/response due by 7/17/2014 (Ramos-Santiago, Vivian) Modified
on 7/1/2014 as to filers (mr). (Entered: 06/30/2014)

07/01/2014

105

ORDER: Noting 104 "Joint Discovery Report." Signed by Judge Pedro A.
Delgado-Hernandez on 7/1/2014. (DJP) (Entered: 07/01/2014)

07/16/2014

106

MOTION for Order to Show Cause and in Compliance with Amended
Memorandum and Order as to Municipality of Caguas filed by Fernando D.
Castro-Maldonado on behalf of All Plaintiffs Suggestions in
opposition/response due by 8/4/2014 (Attachments: # 1 Exhibit, # 2
Exhibit)(Castro-Maldonado, Fernando) (Entered: 07/16/2014)

07/18/2014

107

Memorandum in Opposition to Motion Plaintiffs' Discovery Motion and
Cross-Motion to Strike and/or to Summarily Deny Plaintiff's Discovery
Motion Due to the Plantiff's Continued and Egregious Failure to Meet and
Confer Before Filing Discovery-Related Motions filed by Municipality of
Caguas Re: 106 MOTION for Order to Show Cause and in Compliance
with Amended Memorandum and Order as to Municipality of Caguas filed
by Jose Aponte-Davila filed by Municipality of Caguas. (McCall, Michael)
(Entered: 07/18/2014)

07/18/2014

108

Joint MOTION Submitting 5th Joint Discovery Report filed by Vivian
Patricia Ramos-Santiago on behalf of Eddie Jimenez-Cosmo Suggestions in
opposition/response due by 8/4/2014 (Ramos-Santiago, Vivian) (Entered:
07/18/2014)

07/18/2014

109

ORDER: Re 107 "Motion to Strike and/or to Summarily Deny Plaintiff's
Discovery Motion Due to the Plaintiff's Continued and Egregious Failure to
Meet and Confer Before Filing Discovery-Related Motions." Plaintiff shall
respond on or before July 28, 2014. The Municipality of Caguas shall
refrain from tendering or filing motions respecting plaintiff's response
without prior authorization from the Court. Signed by Judge Pedro A.
Delgado-Hernandez on 7/18/2014. (DJP) (Entered: 07/18/2014)

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07/18/2014

110

ORDER: Noting 106 "Motion in Compliance with Memorandum and Order
and Request for Order to Show Cause." The Court will await plaintiff's
response to this Court's order at Docket No. 109 prior to issuing a ruling on
this matter. Signed by Judge Pedro A. Delgado-Hernandez on 7/18/2014.
(DJP) (Entered: 07/18/2014)

07/18/2014

111

ORDER: Noting 108 "5th Joint Discovery Report." Signed by Judge Pedro
A. Delgado-Hernandez on 7/18/2014. (DJP) (Entered: 07/18/2014)

07/28/2014

112

Motion In Compliance With Order, MOTION for Order to Show Cause
And/Or Request For Evidentiary Hearing filed by Fernando D. CastroMaldonado on behalf of All Plaintiffs Suggestions in opposition/response
due by 8/14/2014 (Castro-Maldonado, Fernando). Added MOTION for
Order to Show Cause as to on 7/29/2014 (mr). (Entered: 07/28/2014)

07/31/2014

113

ORDER: Re 112 "Motion in Compliance with Order, Request for Order to
Show Cause, and/or Request for Evidentiary Hearing." The Municipality
shall respond to this Motion by 8/6/2014. In addition to any topic the
Municipality may consider it appropriate to address in connection with
plaintiff's motion, it shall discuss whether its failure to properly explain
denials of requests for admissions Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, and 15,
should not result in the same being admitted. The Municipality's motion
shall not exceed 10 pages. Signed by Judge Pedro A. Delgado-Hernandez
on 7/31/2014. (DJP) (Entered: 07/31/2014)

08/04/2014

114

Joint MOTION Submitting 6th Joint Discovery Report filed by Vivian
Patricia Ramos-Santiago on behalf of All Parties Suggestions in
opposition/response due by 8/21/2014 (Ramos-Santiago, Vivian) Modified
on 8/5/2014 as to filers (mr). (Entered: 08/04/2014)

08/04/2014

115

ORDER: Noting 114 "6th Joint Discovery Report." Signed by Judge Pedro
A. Delgado-Hernandez on 8/4/2014. (DJP) (Entered: 08/04/2014)

08/06/2014

116

Motion In Compliance with Court's Order at Docket #113 filed by
Municipality of Caguas Re: 112 Motion In Compliance With Order,
Request For Order To Show Cause, And/Or Request For Evidentiary
Hearing MOTION for Order to Show Cause as to filed by Jose AponteDavila filed by Municipality of Caguas. (McCall, Michael) Modified on
8/7/2014 to correct relief (mr). (Entered: 08/06/2014)

08/07/2014

117

ORDER: Denying 106 "Motion in Compliance with Memorandum and
Order and Request for Order to Show Cause." See order attached. Signed
by Judge Pedro A. Delgado-Hernandez on 8/7/2014. (DJP) (Entered:
08/07/2014)

08/08/2014

118

MEMORANDUM AND ORDER: Granting in Part and Denying in Part
101 "Motion to Compel." See order attached. Signed by Judge Pedro A.
Delgado-Hernandez on 8/8/2014. (DJP) (Entered: 08/08/2014)

08/08/2014

(Court only) ***Motions terminated: 112 Motion In Compliance With
Order, Request For Order To Show Cause, And/Or Request For
Evidentiary Hearing MOTION for Order to Show Cause as to filed by Jose
Aponte-Davila, 116 Motion In Compliance filed by Municipality of

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Caguas. (mr) (Entered: 08/08/2014)
08/27/2014

119

ORDER: On June 9, 2014, the Court ordered the parties to submit a
bimonthly Joint Status Report indicating the case progress up to the date of
the report (Docket No. 100). The parties submitted a report on August 4,
2014 (Docket No. 114). Pursuant to this Courts order, the next joint report
was due on August 19, 2014. To this date, the parties have not submitted
said report. Accordingly, the parties shall file a joint status report by
August 29, 2014. Signed by Judge Pedro A. Delgado-Hernandez on
8/27/2014. (DJP) (Entered: 08/27/2014)

08/27/2014

120

MOTION to Compel Production of Subpoenaed Documents and Deposition
Diagram filed by David W. Roman on behalf of All Plaintiffs Suggestions
in opposition/response due by 9/15/2014 (Attachments: # 1 Exhibit Exhibit
1 - Subpoenas, # 2 Exhibit Exhibit 2 - Letter to Atty McCall)(Roman,
David) (Entered: 08/27/2014)

08/28/2014

121

MOTION to Compel Third-Party Defendant to Produce Statement filed by
David W. Roman on behalf of All Plaintiffs Suggestions in
opposition/response due by 9/15/2014 (Attachments: # 1 Exhibit Letter to
Atty Vivian Ramos Santiago)(Roman, David) (Entered: 08/28/2014)

08/29/2014

122

ORDER: Re 120 "Plaintiff's Motion to Compel Defendant Municipality of
Caguas to Share Subpoenaed Documents. The Municipality shall respond
to this motion by 9/5/2014. Signed by Judge Pedro A. Delgado-Hernandez
on 8/29/2014. (DJP) (Entered: 08/29/2014)

08/29/2014

123

ORDER: Re 121 "Plaintiff's Motion to Compel Defendant Eddie Jimenez
Cosme to Produce his Statement." Defendant Eddie Jimenez Cosme shall
respond to this motion by 9/5/2014. Signed by Judge Pedro A. DelgadoHernandez on 8/29/2014. (DJP) (Entered: 08/29/2014)

08/29/2014

124

Joint MOTION Submitting 7th Discovery Report filed by Pablo H.
Montaner-Cordero on behalf of All Parties Suggestions in
opposition/response due by 9/15/2014 (Montaner-Cordero, Pablo) (Entered:
08/29/2014)

08/29/2014

125

ORDER: Noting 124 "7th Discovery Report." Signed by Judge Pedro A.
Delgado-Hernandez on 8/29/2014. (DJP) (Entered: 08/29/2014)

09/05/2014

126

Motion In Compliance with the Court's Order (Docket No. 122), MOTION
for Sanctions to admonish the plaintiff for his continued violation of the
requirements of Local Rule 26(b) as to Jose Aponte-Davila, MOTION
Court order at least one of the plaintiffs three counsel of record, to confer
with Defendants pursuant to Local Rule 26(b) re 122 Order, Set Deadlines,,
filed by Michael C. McCall on behalf of Municipality of Caguas
Suggestions in opposition/response due by 9/22/2014 (Attachments: # 1
Exhibit 1)(Related document(s) 122 ) (McCall, Michael) (Entered:
09/05/2014)

09/07/2014

127

RESPONSE in Opposition to Motion of Defendant Municipality of Caguas
(Cross Motion) to Strike filed by All Plaintiffs Re: 126 Motion In
Compliance with the Court's Order (Docket No. 122) MOTION for

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Sanctions to admonish the plaintiff for his continued violation of the
requirements of Local Rule 26(b) as to Jose Aponte-Davila MOTION Court
order at least one of the plaintiffs three counsel of record, to confer with
Defendants pursuant to Local Rule 26(b) re 122 Order, Set Deadlines,, filed
by Municipality of Caguas filed by All Plaintiffs. (Attachments: # 1 Exhibit
Plaintiff's response email to defendant Municipality, # 2 Exhibit Delivery
confirmation)(Roman, David) (Entered: 09/07/2014)
09/08/2014

128

MOTION for Joinder and In Compliance with Order Docket Entry No. 122
Re: 126 Motion In Compliance with the Court's Order (Docket No. 122)
MOTION for Sanctions to admonish the plaintiff for his continued violation
of the requirements of Local Rule 26(b) as to Jose Aponte-Davila MOTION
Court order at least one of the plaintiffs three counsel of record, to confer
with Defendants pursuant to Local Rule 26(b) re 122 Order, Set Deadlines,,
filed by Municipality of Caguas filed by Vivian Patricia Ramos-Santiago on
behalf of Eddie Jimenez Suggestions in opposition/response due by
9/25/2014 (Related document(s) 126 ) (Ramos-Santiago, Vivian) (Entered:
09/08/2014)

09/08/2014

129

ORDER: Denying 120 "Plaintiff's Motion to Compel Defendant
Municipality of Caguas to Share Subpoenaed Documents; and Denying 121
"Plaintiff's Motion to Compel Defendant Eddie Jimenez Cosme to Produce
his Statement." The Court indicated at Docket No. 117 that it would
automatically deny motions related to discovery disputes filed without
certification by counsel that the parties have conferred in good faith to
resolve the dispute. The record reflects that no such conference was held
between the parties prior to the filing of the instant motions. As such, the
same are DENIED. Signed by Judge Pedro A. Delgado-Hernandez on
9/8/2014. (DJP) (Entered: 09/08/2014)

09/08/2014

130

ORDER: Granting in Part and Denying in Part 126 "Motion in Compliance
with Court Order (Docket No. 122) and Cross-motion to Strike and/or to
Summarily Deny Plaintiff's Motion to Compel (Docket No. 120) due to the
Plaintiff's Continued and Egregious Failure to Meet and Confer Before
Filing Discovery-Related Motions as Required by the Local Civil Rules and
by Order of this Court and for Sanctions for Violations of the Court's
August 7, 2014 Order (Docket No. 117)." All parties are hereby ordered to
confer and discuss the issues arising under Docket Nos. 120, 121, 126, 127,
not later than noontime on September 12, 2014, and to file a Joint Report
indicating the outcome of the conference by the same day at 5:00pm.
Considering the procedural events underlying these disputes, the Court will
await the Joint Report before issuing additional rulings on these discoveryrelated matters. Signed by Judge Pedro A. Delgado-Hernandez on 9/8/2014.
(DJP) (Entered: 09/08/2014)

09/08/2014

131

ORDER: Noting 128 "Motion for Joinder as to Motion in Compliance with
Order (Docket Entry No. 122) Filed by Codefendant, Municipality of
Caguas (Docket Entry No. 126)." To the extent the motion seeks a finding
that third party defendant Eddie Jimenez Cosme complied with Docket No.
123, it is granted. With regards to the remaining requests, see Orders at
Docket Nos. 129 and 130. Signed by Judge Pedro A. Delgado-Hernandez

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on 9/8/2014. (DJP) (Entered: 09/08/2014)
09/09/2014

132

Interim INFORMATIVE Motion regarding Compliance with Court Order
(DKT #130) filed by David W. Roman on behalf of All Plaintiffs
Suggestions in opposition/response due by 9/26/2014 (Roman, David)
(Entered: 09/09/2014)

09/09/2014

133

ORDER: Noting 132 "Plaintiff's Informative Motion Re Compliance with
Court." Signed by Judge Pedro A. Delgado-Hernandez on 9/9/2014. (DJP)
(Entered: 09/09/2014)

09/09/2014

134

RESPONSE to 132 Interim INFORMATIVE Motion regarding Compliance
with Court Order (DKT #130) filed by Eddie Jimenez. (Attachments: # 1
Exhibit I Email from Plaintiff's Counsel dated September 8 2014, # 2
Exhibit II Email in response from counsel Vivian Ramos dated September 9
2014)(Ramos-Santiago, Vivian) Modified on 9/10/2014 as to title/dkt text
(mr). (Entered: 09/09/2014)

09/09/2014

135

ORDER: Noting 134 "Response to Plaintiff's Misleading Informative
Motion (Docket Entry No. 132)." Signed by Judge Pedro A. DelgadoHernandez on 9/9/2014. (DJP) (Entered: 09/09/2014)

09/12/2014

136

INFORMATIVE Motion regarding DK 130 filed by Fernando D. CastroMaldonado on behalf of All Plaintiffs Suggestions in opposition/response
due by 9/29/2014 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit)(Castro-Maldonado, Fernando) (Entered: 09/12/2014)

09/14/2014

137

INFORMATIVE Motion regarding Compliance with Court Orders Dockets #100 and #130 filed by David W. Roman on behalf of Jose
Aponte-Davila Suggestions in opposition/response due by 10/2/2014
(Attachments: # 1 Exhibit Plaintiff's Responses to Defendant Municipality
of Caguas)(Roman, David) (Entered: 09/14/2014)

09/15/2014

138

ORDER: Noting 136 "Informative Motion Regarding Joint Report on Local
Rule 26 Conference Ordered by the Court (DKT. #130). Signed by Judge
Pedro A. Delgado-Hernandez on 9/15/2014. (DJP) (Entered: 09/15/2014)

09/15/2014

139

ORDER: Noting 137 "Motion Informing Plaintiff's Compliance with Court
Orders (DKT. #100 & 130)." Signed by Judge Pedro A. DelgadoHernandez on 9/15/2014. (DJP) (Entered: 09/15/2014)

09/15/2014

140

INFORMATIVE Motion regarding Documents Deposited with Doubledey
for photocopying by all parties filed by Michael C. McCall on behalf of
Municipality of Caguas Suggestions in opposition/response due by
10/2/2014 (McCall, Michael) (Entered: 09/15/2014)

09/16/2014

141

ORDER: Noting 140 "Informative Motion." Signed by Judge Pedro A.
Delgado-Hernandez on 9/16/2014. (DJP) (Entered: 09/16/2014)

09/18/2014

142

INFORMATIVE Motion regarding Plaintiff's Further Compliance With
Court Order filed by David W. Roman on behalf of All Plaintiffs
Suggestions in opposition/response due by 10/6/2014 (Attachments: # 1
Exhibit Email)(Roman, David) (Entered: 09/18/2014)

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09/18/2014

143

ORDER: Noting 142 "Plaintiff's Informative Motion Re Further
Compliance with Court Order." Signed by Judge Pedro A. DelgadoHernandez on 9/18/2014. (DJP) (Entered: 09/18/2014)

09/25/2014

144

INFORMATIVE Motion regarding Full Compliance With Court Order
(#130) re Deposition of Plaintiff filed by David W. Roman on behalf of All
Plaintiffs Suggestions in opposition/response due by 10/14/2014 (Roman,
David) (Entered: 09/25/2014)

09/25/2014

145

ORDER: Noting 144 "Plaintiff's Informative Motion Re Full Compliance
with Order." Signed by Judge Pedro A. Delgado-Hernandez on 9/25/2014.
(DJP) (Entered: 09/25/2014)

09/27/2014

146

MOTION to Compel plaintiff to comply with discovery requests made
during the plaintiff's deposition, MOTION Requesting an Urgent Discovery
Conference Urgent motion to compel plaintiff to comply with discovery
requests made during plaintiff's deposition on August 18, 19, 2014, to
reschedule plaintiff's deposition once plaintiff has complied with his
discovery obligations, to extend the discovery and other case- management
deadlines for at least 45 days so plaintiff does not profit from his neglect of
his discovery obligations and requesting an urgent conference regarding
discovery matters, MOTION for extension of time until for 45 days to allow
time for the plaintiff to comply with his discovery obligations under
Fed.R.Civ.P. 34(a) and to then reschedule the plaintiff's deposition filed by
Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 10/17/2014 (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7)(McCall, Michael) (Entered: 09/27/2014)

09/27/2014

147

MOTION for Leave to File Excess Pages filed by Michael C. McCall on
behalf of Municipality of Caguas Suggestions in opposition/response due
by 10/17/2014 (McCall, Michael) (Entered: 09/27/2014)

09/29/2014

148

ORDER: Granting 147 "Motion Seeking Leave Under Local Civil Rule 7
(d) to File "Urgent Motion to Compel..." (Docket No. 146) in Excess of the
Page Limits." Signed by Judge Pedro A. Delgado-Hernandez on 9/29/2014.
(DJP) (Entered: 09/29/2014)

09/29/2014

149

ORDER: Noting 146 "Urgent Motion to Compel Plaintiff to Comply with
Discovery Requests Made During Plaintiff's Deposition, to Reschedule
Plaintiff's Deposition Once Plaintiff has Complied with his Discovery
Obligations, to Extend the Discovery and Other Case Management
Deadlines so Plaintiff Does Not Profit from his Neglect of his Discovery
Obligations and Requesting an Urgent Conference Regarding Discovery
Matters." The remaining parties shall respond to this motion not later
than 5:00pm on October 3, 2014. Signed by Judge Pedro A. DelgadoHernandez on 9/29/2014. (DJP) (Entered: 09/29/2014)

09/29/2014

150

MOTION for Joinder Re: 146 MOTION to Compel plaintiff to comply with
discovery requests made during the plaintiff's deposition MOTION
Requesting an Urgent Discovery Conference Urgent motion to compel
plaintiff to comply with discovery requests made during plaintiff's

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deposition on August 18, 19, 2014, to reschedule plaintiff's deposition once
plaintiff has c MOTION for extension of time until for 45 days to allow
time for the plaintiff to comply with his discovery obligations under
Fed.R.Civ.P. 34(a) and to then reschedule the plaintiff's deposition filed by
Municipality of Caguas filed by Vivian Patricia Ramos-Santiago on behalf
of Eddie Jimenez Suggestions in opposition/response due by 10/17/2014
(Related document(s) 146 ) (Ramos-Santiago, Vivian) (Entered:
09/29/2014)
09/29/2014

151

MOTION for Joinder Re: 146 MOTION to Compel plaintiff to comply with
discovery requests made during the plaintiff's deposition MOTION
Requesting an Urgent Discovery Conference Urgent motion to compel
plaintiff to comply with discovery requests made during plaintiff's
deposition on August 18, 19, 2014, to reschedule plaintiff's deposition once
plaintiff has c MOTION for extension of time until for 45 days to allow
time for the plaintiff to comply with his discovery obligations under
Fed.R.Civ.P. 34(a) and to then reschedule the plaintiff's deposition filed by
Municipality of Caguas filed by Pablo H. Montaner-Cordero on behalf of
Consolidated Waste Service Corp., Mapfre/Praico Suggestions in
opposition/response due by 10/17/2014 (Related document(s) 146 )
(Montaner-Cordero, Pablo) (Entered: 09/29/2014)

09/29/2014

152

ORDER: Granting in Part and Denying in Part 150 "Motion Joining Urgent
Motion to Compel Plaintiff Filed by Co-defendant, Municipality of Caguas
on 9/27/14 (Docket Entry No. 146);" and Granting in Part and Denying in
Part 151 "Motion Joining Urgent Motion to Compel Filed by the
Municipality of Caguas." The appearing parties are deemed to have
complied with this Courts' Order at Docket No. 149. As to the merits of
Docket No. 146, the Court will await plaintiff's response. Signed by Judge
Pedro A. Delgado-Hernandez on 9/29/2014. (DJP) (Entered: 09/29/2014)

09/29/2014

(Court only) Set Deadline as to : Response to Motion Deadline due by
10/3/2014. (mr) (Entered: 09/30/2014)

10/01/2014

153

MOTION in Limine to exclude Francisco Martinez as an expert Witness,
or in the alternative to compel filed by Michael C. McCall on behalf of
Municipality of Caguas Suggestions in opposition/response due by
10/20/2014 (McCall, Michael) Modified on 10/2/2014 to change relief (mr).
(Entered: 10/01/2014)

10/02/2014

154

MOTION Submitting Exhibit Exhibit 1 Expert Report of Francisco Martnez
re: 153 MOTION to Compel Motion to exclude Francisco Martinez as an
expert Witness, or in the alternative to compel filed by Municipality of
Caguas filed by Michael C. McCall on behalf of Municipality of Caguas
Suggestions in opposition/response due by 10/20/2014 (Related document
(s) 153 ) (McCall, Michael) (Entered: 10/02/2014)

10/02/2014

155

ORDER: Re 153 "Motion in Limine to Exclude the Expert Testimony of
Francisco Martinez, or in the Alternative, to Compel Plaintiff's Expert
Witness Francisco Martinez to Comply with Discovery Requests Made
During his Deposition Within One Week or that He Be Excluded as an
Expert Witness, and Renewing Motion to Extend the Discovery and Other

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Case-Management Deadlines so Plaintiff does not Profit from his Neglect
of his Discovery Obligations and Requesting an Urgent Conference
Regarding Discovery." The remaining parties shall respond to this
motion not later than 5:00pm on October 7, 2014. Signed by Judge
Pedro A. Delgado-Hernandez on 10/2/2014. (DJP) (Entered: 10/02/2014)
10/02/2014

156

MOTION to Require Defendant to File Transcripts of Depositions on which
it bases its Motions to Compel and Other Relief re 146 MOTION to
Compel plaintiff to comply with discovery requests made during the
plaintiff's deposition MOTION Requesting an Urgent Discovery
Conference Urgent motion to compel plaintiff to comply with discovery
requests made during plaintiff's deposition on August 18, 19, 2014, to
reschedule plaintiff's deposition once plaintiff has c MOTION for extension
of time until for 45 days to allow time for the plaintiff to comply with his
discovery obligations under Fed.R.Civ.P. 34(a) and to then reschedule the
plaintiff's deposition filed by Municipality of Caguas, 153 MOTION in
Limine filed by Municipality of Caguas filed by David W. Roman on behalf
of All Plaintiffs Suggestions in opposition/response due by 10/20/2014
(Related document(s) 146 , 153 ) (Roman, David) (Entered: 10/02/2014)

10/03/2014

157

Memorandum in Opposition to Motion and Cross-Motion that the Court
enforce its prior Court Orders (Docket Nos. 149 and 155) setting October
3, 2014 and October 7, 2014 deadlines respectively for the plaintiffs
response to those two motions by the Municipality and that the Court
consider and adjudicate those two motions as unopposed if the plaintiff fails
to oppose them by the Court ordered deadlines for so doing filed by
Municipality of Caguas Re: 156 MOTION to Require Defendant to File
Transcripts of Depositions on which it bases its Motions to Compel and
Other Relief re 146 MOTION to Compel plaintiff to comply with discovery
requests made during the plaintiff's deposition

10/03/2014

158

ORDER: Denying without Prejudice 154 "Motion to Submit an Exhibit
Which Should Have Been Attached to Docket No. 153." The exhibit
referred to therein does not seem to have been attached to, or included with,
Docket No. 54. Signed by Judge Pedro A. Delgado-Hernandez on
10/3/2014. (DJP) (Entered: 10/03/2014)

10/03/2014

159

ORDER: Denying 156 "Plaintiff's Motion to Require Defendants to File
Transcripts of Depositions on which it Bases its Motions to Compel and
Other Relief." The corresponding motion may be supplemented as
warranted on a later date. Signed by Judge Pedro A. Delgado-Hernandez on
10/3/2014. (DJP) (Entered: 10/03/2014)

10/03/2014

160

MOTION Submitting Exhibit Exhibit 1 Expert Report of Francisco
Martinez re: 153 MOTION in Limine filed by Municipality of Caguas filed
by Michael C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 10/20/2014 (Attachments: # 1 Exhibit 1)
(Related document(s) 153 ) (McCall, Michael) (Entered: 10/03/2014)

10/03/2014

161

Emergency MOTION for Reconsideration of Denial of Request that
Transcripts be Filed re 159 Order on Motion for Miscellaneous Relief, filed
by David W. Roman on behalf of All Plaintiffs Suggestions in

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opposition/response due by 10/20/2014 (Related document(s) 159 )
(Roman, David) (Entered: 10/03/2014)
10/03/2014

162

ORDER: Granting 160 "Motion to Submit an Exhibit Which Should Have
Been Attached to Docket No. 153." Signed by Judge Pedro A. DelgadoHernandez on 10/3/2014. (DJP) (Entered: 10/03/2014)

10/03/2014

163

ORDER: Denying 161 "Plaintiff's Emergency Motion for Reconsideration
of Denial of Request that Transcripts be Filed to Adjudicate Motions to
Compel." As indicated in docket No. 159, the corresponding motion may be
supplemented at a later date. Signed by Judge Pedro A. Delgado-Hernandez
on 10/3/2014. (DJP) (Entered: 10/03/2014)

10/03/2014

164

RESPONSE in Opposition to Motion to Compel filed by All Plaintiffs Re:
146 MOTION to Compel plaintiff to comply with discovery requests made
during the plaintiff's deposition MOTION Requesting an Urgent Discovery
Conference Urgent motion to compel plaintiff to comply with discovery
requests made during plaintiff's deposition on August 18, 19, 2014, to
reschedule plaintiff's deposition once plaintiff has c MOTION for extension
of time until for 45 days to allow time for the plaintiff to comply with his
discovery obligations under Fed.R.Civ.P. 34(a) and to then reschedule the
plaintiff's deposition filed by Municipality of Caguas filed by All Plaintiffs.
(Attachments: # 1 Exhibit Responses, # 2 Exhibit Expert Report)(Roman,
David) (Entered: 10/03/2014)

10/08/2014

165

ORDER: On October 1, 2014, the Municipality filed a motion in limine to
exclude the expert testimony of Francisco Martinez (Docket No. 153). On
October 2, 2014, the Court issued an order requesting the plaintiff to
respond to the Municipality's motion on or before October 7, 2014 (Docket
No. 155). It does not seems that plaintiff has so filed. He should do so not
later than noontime on 10/10/2014. A status conference to discuss
pending motions and related issues is set for 10:00am on 10/14/2014, at
the undersigned's chambers. Signed by Judge Pedro A. DelgadoHernandez on 10/8/2014. (DJP) (Entered: 10/08/2014)

10/11/2014

166

MOTION for Leave to File Excess Pages for Opposition to Defendants
Motion in limine/to Compel filed by David W. Roman on behalf of All
Plaintiffs Suggestions in opposition/response due by 10/30/2014 (Roman,
David) (Entered: 10/11/2014)

10/11/2014

167

RESPONSE in Opposition to 153 MOTION in Limine to exclude
Francisco Martinez as an expert Witness, or in the alternative to compel
filed by All Plaintiffs . (Attachments: # 1 Exhibit 1 - Letter to Atty McCall
submitting expert CV, # 2 Exhibit 2 - Prof. Francisco Martinez CV, # 3
Exhibit 3 - List of Cases, # 4 Exhibit 4 - Signed Contract, # 5 Exhibit 5 Email to Atty McCall reminding him of expert's fees, # 6 Exhibit 6 - Expert
Report, # 7 Exhibit 7 - Transmittal of Expert Report)(Roman, David)
Modified on 10/14/2014 as to title/dkt text (mr). (Entered: 10/12/2014)

10/14/2014

168

MOTION to Strike Re: 167 Response in Opposition to Motion,, filed by
Jose Aponte-Davila filed by Michael C. McCall on behalf of Municipality
of Caguas Suggestions in opposition/response due by 10/31/2014 (Related

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document(s) 167 ) (McCall, Michael) (Entered: 10/14/2014)
10/14/2014

169

RESPONSE in Opposition to 168 MOTION to Strike filed by All Plaintiffs.
(Roman, David) Modified on 10/15/2014 as to title/dkt text (mr). (Entered:
10/14/2014)

10/16/2014

170

Minute Entry for proceedings held on October 14, 2014 before Judge Pedro
A. Delgado-Hernandez: Status Conference. The Municipality's Motion to
Compel at Docket No. 146 is GRANTED IN PART AND DENIED IN
PART. The Municipality's Motion in Limine at Docket No. 153 is
GRANTED IN PART AND DENIED IN PART. Plaintiff's Motion for
Leave to File Oversized Opposition is GRANTED. The Municipality's
Motion to Strike at Docket No. 168 is DENIED. See order attached. (DJP)
(Entered: 10/16/2014)

10/18/2014

171

MOTION to Amend/Correct Minutes od October 14, 2014 Status
Conference Re: 170 Minute, Terminate Motions, Set
Deadlines/Hearings,,,,,, filed by Michael C. McCall on behalf of
Municipality of Caguas Suggestions in opposition/response due by
11/6/2014 (Related document(s) 170 ) (McCall, Michael) (Entered:
10/18/2014)

10/20/2014

172

ORDER: Denying 171 "Motion for Clarification on Two Matters in the
October 16, 2014 Minutes of Proceedings of the October 14, 2014 Status
Conference (Docket No. 170)." See order attached. Signed by Judge Pedro
A. Delgado-Hernandez on 10/20/2014. (DJP) (Entered: 10/20/2014)

10/20/2014

173

INFORMATIVE Motion regarding Service of Transcripts of the Plaintiff's
Deposition filed by Michael C. McCall on behalf of Municipality of Caguas
Suggestions in opposition/response due by 11/6/2014 (McCall, Michael)
(Entered: 10/20/2014)

10/21/2014

174

ORDER: Noting 173 "Informative Motion Regarding Service of Transcripts
on Counsel for All Plaintiffs." Signed by Judge Pedro A. DelgadoHernandez on 10/21/2014. (DJP) (Entered: 10/21/2014)

10/24/2014

175

Motion In Compliance with Court Order (Docket No. 172) filed by Michael
C. McCall on behalf of Municipality of Caguas Suggestions in
opposition/response due by 11/10/2014 (McCall, Michael) (Entered:
10/24/2014)

10/27/2014

176

ORDER: Noting 175 "Motion In Compliance with Court Order (Docket
No. 172)." Signed by Judge Pedro A. Delgado-Hernandez on 10/27/2014.
(DJP) (Entered: 10/27/2014)

10/31/2014

177

INFORMATIVE Motion regarding Compliance with Court Orders (DKT
170) filed by David W. Roman on behalf of All Plaintiffs Suggestions in
opposition/response due by 11/17/2014 (Roman, David) (Entered:
10/31/2014)

10/31/2014

178

ORDER: Noting 177 "Plaintiff's Informative Motion Re Compliance with
Court Orders (DKT. #170)." Signed by Judge Pedro A. Delgado-Hernandez
on 10/31/2014. (DJP) (Entered: 10/31/2014)

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11/25/2014

179

ORDER: The Status Conference set for today will be held at 4:30pm in
Judge Pedro A. Delgado-Hernandez' chambers. Signed by Judge Pedro
A. Delgado-Hernandez on 11/25/2014. (DJP) (Entered: 11/25/2014)

11/25/2014

180

Minute Entry for proceedings held on November 25, 2014, before Judge
Pedro A. Delgado-Hernandez: Status Conference. See document attached
and deadlines included therein. (DJP) Modified on 12/1/2014 as to filing
date(mr). (Entered: 11/26/2014)

11/25/2014

(Court only) Set Deadlines as to : Discovery due by 2/28/2015. Follow Up
Deadline to file briefs due by 1/26/2015. Motions due by 12/3/2014. (mr)
(Entered: 12/01/2014)

12/30/2014

181

Motion In Compliance with DK # 172, MOTION to Produce Plaintiff's
Electronic Deposition Trancripts filed by Fernando D. Castro-Maldonado
on behalf of Jose Aponte-Davila Suggestions in opposition/response due by
1/16/2015 (Castro-Maldonado, Fernando) (Entered: 12/30/2014)

12/30/2014

182

ORDER: re 181 "Motion for Production of Plaintiff's Deposition
Transcripts in Compliance with Orders." The Municipality of Caguas shall
show cause not later than noontime on January 5, 2015, as to why the
motion at Docket No. 181 should not be granted. Signed by Judge Pedro A.
Delgado-Hernandez on 12/30/2014.(Delgado-Hernandez, Pedro) (Entered:
12/30/2014)

12/30/2014

183

NOTICE of Filing Exhibits Exhibit 1 of DK # 181 re 181 Motion In
Compliance with DK # 172 MOTION to Produce Plaintiff's Electronic
Deposition Trancripts filed by Jose Aponte-Davila (Castro-Maldonado,
Fernando) (Entered: 12/30/2014)

01/05/2015

184

Memorandum in Opposition to 181 Motion In Compliance with DK # 172
MOTION to Produce Plaintiff's Electronic Deposition Trancripts filed by
Municipality of Caguas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)
(McCall, Michael) Modified on 1/7/2015 as to title/dkt text (mr). (Entered:
01/05/2015)

01/07/2015

185

ORDER: RE 184 "Opposition to Plaintiff's Motion for Reproduction of
Plaintiff's Deposition Transcripts in Compliance with Orders." Plaintiff
shall respond to this motion not later than 10:00 am on January 12,
2015. Signed by Judge Pedro A. Delgado-Hernandez on 1/7/2015. (DJP)
(Entered: 01/07/2015)

01/12/2015

186

REPLY to Response to Motion filed by All Plaintiffs Re: 181 Motion In
Compliance with DK # 172 MOTION to Produce Plaintiff's Electronic
Deposition Trancripts filed by Jose Aponte-Davila filed by All Plaintiffs.
(Castro-Maldonado, Fernando) (Entered: 01/12/2015)

01/12/2015

187

ORDER: Regarding 181 "Motion for Reproduction of Plaintiff's Deposition
Transcripts in Compliance with Orders." In the main, Plaintiff claims the
Municipality failed to comply with this Court's order directing the latter to
produce, on or before October 24, 2014, a hard copy of the transcripts of

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plaintiff's deposition taken on August 18-19, 2014. At Docket No. 184, the
Municipality claims to have delivered those transcripts via email, and
subsequently by way of certified mail with return receipt requested. In his
reply at Docket No. 186, plaintiff seems to deny ever receiving the hard
copy of the transcripts. To dispel any further disputes as to this matter, the
Municipality is to file with the Clerk of the Court not later than tomorrow
(January 13, 2015), at 4:30 p.m. a hard copy of those transcripts.
Plaintiff shall pick up the hard copy not later than Wednesday,
January 14, 2015, at 4:30 p.m. Further, the Court understands that in order
to comply with the deadline of January 26, 2015, an expedited transcript of
the deposition that was to be taken today is necessary. Accordingly, a hard
copy of the transcript shall be made available to all parties not later than
noontime on January 20, 2015. The Municipality shall pay for the costs of
obtaining the expedited transcript, and all parties shall pay their
proportional share to the Municipality by January 30, 2015. The Court
shall refrain from commenting on the language that counsel for plaintiff
opted to include in paragraphs 4 and 5 of Docket No. 186. Signed by Judge
Pedro A. Delgado-Hernandez on 1/12/2015. (DJP) (Entered: 01/12/2015)
01/13/2015

188

MOTION for Reconsideration re 187 Order filed by Fernando D. CastroMaldonado on behalf of Jose Aponte-Davila Suggestions in
opposition/response due by 1/30/2015 (Attachments: # 1 Exhibit)(Related
document(s) 187 ) (Castro-Maldonado, Fernando) Modified on 1/14/2015
to delete text no related (mr). (Entered: 01/13/2015)

01/13/2015

189

ORDER: Denying 188 "Motion for Reconsideration of Order (DK#187)."
As to reimbursement of plaintiff's proportional share of the costs of the
expedited transcript, plaintiff may pay the Municipality in four monthly
installments, to be completed by May 29, 2015. Signed by Judge Pedro A.
Delgado-Hernandez on 1/13/2015. (DJP) (Entered: 01/13/2015)

01/13/2015

190

INFORMATIVE Motion regarding compliance with January 12, 2015
Court Order (Docket No. 187) filed by Michael C. McCall on behalf of
Municipality of Caguas Suggestions in opposition/response due by
1/30/2015 (McCall, Michael) (Entered: 01/13/2015)

01/14/2015

191

ORDER: Noting 190 "Informative Motion Regarding Compliance with
Court Order (Docket No. 187)." Signed by Judge Pedro A. DelgadoHernandez on 1/14/2015. (DJP) (Entered: 01/14/2015)

01/20/2015

192

INFORMATIVE Motion regarding substantial compliance with court order
(Docket No. 187) and nunc pro tunc request for extension of time to comply
with court orderJanuary 20, 2015 at 4:30 p.m., MOTION for extension of
time until substantial compliance with court order (Docket No. 187) and
nunc pro tunc request for extension of time to comply with court
orderJanuary 20, 2015 at 4:30 p.m. to make transcript of the January 12,
2015 deposition available to all parties filed by Michael C. McCall on
behalf of Municipality of Caguas Suggestions in opposition/response due
by 2/6/2015 (McCall, Michael) (Entered: 01/20/2015)

01/20/2015

193

ORDER: Noting and Granting 192 "Motion Informing Status of the
Expedited Transcript of the January 12, 2015 Deposition of the Plaintiff,

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Electronic Service of a Copy of the Same on all Parties and Nunc Pro Tunc
Motion to Amend Court Order (Docket No. 187) to Allow that a Hard Copy
of Such Transcript be Made Available to All Parties within Business Hours
Today, January 20, 2015." Signed by Judge Pedro A. Delgado-Hernandez
on 1/20/2015. (DJP) (Entered: 01/20/2015)
01/26/2015

194

MOTION for Leave to File Excess Pages filed by Fernando D. CastroMaldonado on behalf of Jose Aponte-Davila Suggestions in
opposition/response due by 2/12/2015 (Castro-Maldonado, Fernando)
(Entered: 01/26/2015)

01/26/2015

195

MOTION Submitting Plaintif's Simultaneous Brief in Support of Diversity
Jurisdiction re: 180 Status Conference, filed by Fernando D. CastroMaldonado on behalf of Jose Aponte-Davila Suggestions in
opposition/response due by 2/12/2015 (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8
Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit,
# 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19
Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit,
# 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30
Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit,
# 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41
Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit,
# 47 Exhibit)(Related document(s) 180 ) (Castro-Maldonado, Fernando)
Modified on 1/27/2015 as to title (mr). (Entered: 01/26/2015)

01/26/2015

196

MOTION to dismiss for lack of subject matter jurisdiction as to Jose
Aponte-Davila filed by Michael C. McCall on behalf of Consolidated
Waste Service Corp., Municipality of Caguas, Mapfre/Praico, Eddie
Jimenez Suggestions in opposition/response due by 2/12/2015 (McCall,
Michael) (Entered: 01/26/2015)

01/26/2015

197

ORDER: Granting 194 "Plaintiff's Motion for Leave to file Oversized
Brief." Signed by Judge Pedro A. Delgado-Hernandez on 1/26/2015. (DJP)
(Entered: 01/26/2015)

01/26/2015

198

MOTION for Leave to File Spanish language documents , MOTION for
Extension of Time until February 26, 2015 to file certified translations filed
by Michael C. McCall on behalf of Consolidated Waste Service Corp.,
Eddie Jimenez, Mapfre/Praico, Municipality of Caguas Suggestions in
opposition/response due by 2/12/2015 (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3(a), # 5 Exhibit 3(b), # 6 Exhibit 3(c),
# 7 Exhibit 3(d), # 8 Exhibit 3(e), # 9 Exhibit 3(f), # 10 Exhibit 3(g), # 11
Exhibit 3(h))(McCall, Michael) (Entered: 01/26/2015)

01/26/2015

199

ORDER: Granting 198 "Motion for Leave to File Exhibits in the Spanish
Language." Certified translations due by February 26, 2015. Signed by
Judge Pedro A. Delgado-Hernandez on 1/26/2015. (DJP) (Entered:
01/26/2015)

01/26/2015

200

NOTICE of Filing Exhibits Exhibits Attached to Motion Requesting Leave
to Submit Documents in Spanish pending their Certified Translation and a

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Extension of Time to Submit Certified Translations re 198 MOTION for
Leave to File Spanish language documents MOTION for Extension of Time
until February 26, 2015 to file certified translations filed by Municipality of
Caguas, Consolidated Waste Service Corp., Mapfre/Praico, Eddie Jimenez,
196 MOTION to dismiss for lack of subject matter jurisdiction as to Jose
Aponte-Davila filed by Municipality of Caguas, Consolidated Waste
Service Corp., Mapfre/Praico, Eddie Jimenez (Attachments: # 1 Exhibit 4, #
2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7
Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13) (McCall,
Michael) (Entered: 01/26/2015)
01/26/2015

201

NOTICE of Filing Exhibits Exhibits Attached to Motion Requesting Leave
to Submit Documents in Spanish pending their Certified Translation and a
Extension of Time to Submit Certified Translations re 198 MOTION for
Leave to File Spanish language documents MOTION for Extension of Time
until February 26, 2015 to file certified translations filed by Municipality of
Caguas, Consolidated Waste Service Corp., Mapfre/Praico, Eddie Jimenez,
196 MOTION to dismiss for lack of subject matter jurisdiction as to Jose
Aponte-Davila filed by Municipality of Caguas, Consolidated Waste
Service Corp., Mapfre/Praico, Eddie Jimenez (Attachments: # 1 Exhibit 14,
# 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17, # 5 Exhibit 18, # 6 Exhibit
19, # 7 Exhibit 20, # 8 Exhibit 21, # 9 Exhibit 22) (McCall, Michael)
(Entered: 01/26/2015)

01/26/2015

202

INFORMATIVE Motion regarding Technical Problems with Original
Filing of Motion Requesting Leave to Submit Exhibits in Spanish and
Extension of Time t o File the Same filed by Michael C. McCall on behalf
of Consolidated Waste Service Corp., Eddie Jimenez, Mapfre/Praico,
Municipality of Caguas Suggestions in opposition/response due by
2/12/2015 (McCall, Michael) (Entered: 01/26/2015)

01/27/2015

Motions terminated: 198 MOTION for Leave to File Spanish language
documents MOTION for Extension of Time until February 26, 2015 to file
certified translations filed by Municipality of Caguas, Consolidated Waste
Service Corp., Mapfre/Praico, Eddie Jimenez. Signed by Judge Pedro A.
Delgado-Hernandez on 1/27/2015. (DJP) (Entered: 01/27/2015)

01/27/2015

203

ORDER: Noting and Granting 202 "Motion Informing Technical Problems
with Original Filing of Motion Requesting Leave to File Exhibits in the
Spanish Language and Extension of Time to File Certified Translations of
the Same." Signed by Judge Pedro A. Delgado-Hernandez on 1/27/2015.
(DJP) (Entered: 01/27/2015)

03/05/2015

204

MOTION Submitting Translated Documents re: 201 Notice of Filing
Exhibits,,, filed by Municipality of Caguas, Consolidated Waste Service
Corp., Mapfre/Praico, Eddie Jimenez, 198 MOTION for Leave to File
Spanish language documents MOTION for Extension of Time until
February 26, 2015 to file certified translations filed by Municipality of
Caguas, Consolidated Waste Service Corp., Mapfre/Praico, Eddie Jimenez
filed by Pablo H. Montaner-Cordero on behalf of Consolidated Waste
Service Corp., Eddie Jimenez, Municipality of Caguas Suggestions in
opposition/response due by 3/23/2015 (Attachments: # 1 Exhibit 3-

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Document 198-3, # 2 Exhibit 15- Document 201-2, # 3 Exhibit 18Document 201-5, # 4 Exhibit 19- Document 201-6, # 5 Exhibit 20Document 201-7, # 6 Exhibit 21- Document 201-8)(Related document(s)
201 , 198 ) (Montaner-Cordero, Pablo) (Entered: 03/05/2015)
03/05/2015

205

ORDER: Noting 204 "Motion Submitting Translated Documents." Signed
by Judge Pedro A. Delgado-Hernandez on 3/5/2015. (DJP) (Entered:
03/05/2015)

03/06/2015

206

Joint MOTION to Strike Under Rule 37 of the Federal Rules of Civil
Procedure Re: 195 MOTION Submitting Plaintif's Simultaneous Brief re:
180 Status Conference, filed by Jose Aponte-Davila filed by Vivian Patricia
Ramos-Santiago on behalf of Consolidated Waste Service Corp., Eddie
Jimenez, Mapfre/Praico Suggestions in opposition/response due by
3/23/2015 (Related document(s) 195 ) (Ramos-Santiago, Vivian) (Entered:
03/06/2015)

03/06/2015

207

ORDER: Re 206 "Motion to Strike under Rule 37 of the Federal Rules of
Civil Procedure." Plaintiff shall respond to the motion not later than
March 23, 2015. Signed by Judge Pedro A. Delgado-Hernandez on
3/6/2015. (DJP) (Entered: 03/06/2015)

03/06/2015

208

MOTION for Joinder Re: 206 Joint MOTION to Strike Under Rule 37 of
the Federal Rules of Civil Procedure Re: 195 MOTION Submitting
Plaintif's Simultaneous Brief re: 180 Status Conference, filed by Jose
Aponte-Davila filed by Consolidated Waste Service Corp., Mapfre/Praico,
Eddie Jimenez filed by Clarisa Sola-Gomez on behalf of Municipality of
Caguas Suggestions in opposition/response due by 3/23/2015 (Related
document(s) 206 ) (Sola-Gomez, Clarisa) (Entered: 03/06/2015)

03/09/2015

209

ORDER: Granting in Part 208 "Municipality of Caguas' Motion to Join Codefendants Consolidated Waste Services Corp., MAPFRE/;RAICO
Insurance Company and Third Party Defendant, Eddie Jimenez D/B/A/ La
Terraza de Eddie's Motion to Strike under Rule 37 of the Federal Rules of
Civil Procedure (Docket Entry No. 206)." The motion is granted to the
extent it seeks leave to join the remaining co-defendant's request at Docket
No. 206. Signed by Judge Pedro A. Delgado-Hernandez on 3/9/2015. (DJP)
(Entered: 03/09/2015)

03/16/2015

210

MOTION to Strike Re: 208 MOTION for Joinder Re: 206 Joint MOTION
to Strike Under Rule 37 of the Federal Rules of Civil Procedure Re: 195
MOTION Submitting Plaintif's Simultaneous Brief re: 180 Status
Conference, filed by Jose Apont filed by Municipality of Caguas, 206 Joint
MOTION to Strike Under Rule 37 of the Federal Rules of Civil Procedure
Re: 195 MOTION Submitting Plaintif's Simultaneous Brief re: 180 Status
Conference, filed by Jose Aponte-Davila filed by Consolidated Waste
Service Corp., Mapfre/Praico, Eddie Jimenez filed by Fernando D. CastroMaldonado on behalf of All Plaintiffs Suggestions in opposition/response
due by 4/2/2015 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10
Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit,
# 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21

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Exhibit)(Related document(s) 208 , 206 ) (Castro-Maldonado, Fernando)
(Entered: 03/16/2015)
03/16/2015

211

ORDER: Re 210 "Plaintiff's Motion to Strike Defendants' Motions Under
Rule 37, F.R.Civ.P. DK #206 and 208." Defendants shall respond to this
motion not later than March 26, 2015. Signed by Judge Pedro A.
Delgado-Hernandez on 3/16/2015. (DJP) (Entered: 03/16/2015)

03/26/2015

212

Joint MOTION for Extension of Time until April 1, 2015 to File
Response/Reply in Compliance with Order (Docket Entry no. 211) filed by
Vivian Patricia Ramos-Santiago on behalf of Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas Suggestions
in opposition/response due by 4/13/2015 (Ramos-Santiago, Vivian)
(Entered: 03/26/2015)

03/27/2015

213

Order: Granting 212 "Joint Motion for Brief Extension of Time to Respond
to Plaintiffs Motion to Strike (Docket Entry No. 210)." Defendants' Joint
Motion in Opposition to plaintiff's request at Docket No. 210 shall be filed
not later than April 1, 2015. Signed by Judge Pedro A. Delgado-Hernandez
on 3/27/2015. (DJP) (Entered: 03/27/2015)

04/02/2015

214

Joint Memorandum in Opposition to Motion to Strike filed by Consolidated
Waste Service Corp., Eddie Jimenez, Mapfre/Praico, Municipality of
Caguas Re: 210 MOTION to Strike Re: 208 MOTION for Joinder Re: 206
Joint MOTION to Strike Under Rule 37 of the Federal Rules of Civil
Procedure Re: 195 MOTION Submitting Plaintif's Simultaneous Brief re:
180 filed by Jose Aponte-Davila filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 1a, # 3 Exhibit 1b, # 4 Exhibit 1c,
# 5 Exhibit 1d, # 6 Exhibit 1e, # 7 Exhibit 1f, # 8 Exhibit 1g, # 9 Exhibit
1h)(McCall, Michael) Modified on 4/6/2015 to add word 'joint' (mr).
(Entered: 04/02/2015)

04/02/2015

215

Memorandum in Opposition to Motion to strike filed by Consolidated
Waste Service Corp., Eddie Jimenez, Mapfre/Praico, Municipality of
Caguas Re: 210 MOTION to Strike Re: 208 MOTION for Joinder Re: 206
Joint MOTION to Strike Under Rule 37 of the Federal Rules of Civil
Procedure Re: 195 MOTION Submitting Plaintif's Simultaneous Brief re:
180 filed by Jose Aponte-Davila filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas.
(Attachments: # 1 Exhibit 1i, # 2 Exhibit 1j, # 3 Exhibit 1k, # 4 Exhibit 1l, #
5 Exhibit 1m, # 6 Exhibit 1n, # 7 Exhibit 1o, # 8 Exhibit 1p, # 9 Exhibit 1q,
# 10 Exhibit 1r)(McCall, Michael) (Entered: 04/02/2015)

04/02/2015

216

Memorandum in Opposition to Motion to strike filed by Consolidated
Waste Service Corp., Eddie Jimenez, Mapfre/Praico, Municipality of
Caguas Re: 210 MOTION to Strike Re: 208 MOTION for Joinder Re: 206
Joint MOTION to Strike Under Rule 37 of the Federal Rules of Civil
Procedure Re: 195 MOTION Submitting Plaintif's Simultaneous Brief re:
180 filed by Jose Aponte-Davila filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas.
(Attachments: # 1 Exhibit 2, # 2 Exhibit 2a, # 3 Exhibit 3, # 4 Exhibit 3a, #

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5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(McCall, Michael) (Entered:
04/02/2015)
04/02/2015

217

INFORMATIVE Motion regarding technical problems and reasons why the
opposition with all supporting exhibits had to be submitted via three
separate filings on April 2, 2015, MOTION nunc pro tunc extension of time
of twenty minutes and that the Court accept the explanation for the three
separate filings in order to submit all supporting exhibits re 214
Memorandum in Opposition to Motion, 216 Memorandum in Opposition to
Motion, 215 Memorandum in Opposition to Motion, filed by Municipality
of Caguas, Consolidated Waste Service Corp., Mapfre/Praico, Eddie
Jimenez. Suggestions in opposition/response due by 4/20/2015 (Related
document(s) 214 , 216 , 215 ) (McCall, Michael) Modified on 4/6/2015 to
delete repeated words (mr). (Entered: 04/02/2015)

04/02/2015

218

ORDER: Noting and Granting 217 "Motion Informing of Technical
Problems with Original Filing of Opposition Memorandum with All
Exhibits." Signed by Judge Pedro A. Delgado-Hernandez on 4/2/2015.
(DJP) (Entered: 04/02/2015)

06/05/2015

219

ORDER: Denying 206 "Motion to Strike Under Rule 37 of the Federal
Rules of Civil Procedure;" Denying 210 "Plaintiff's Motion to Strike
Defendants' Motions under Rule 37, F.R. CIV. P. DK # 206 and 208." See
Order attached. Signed by Judge Pedro A. Delgado-Hernandez on 6/5/2015.
(DJP) (Entered: 06/05/2015)

06/05/2015

220

AMENDED ORDER: Denying 206 "Motion to Strike Under Rule 37 of the
Federal Rules of Civil Procedure;" Denying 210 "Plaintiff's Motion to
Strike Defendants' Motions under Rule 37, F.R. CIV. P. DK # 206 and
208." See Order attached. Signed by Judge Pedro A. Delgado-Hernandez on
6/5/2015.(LMR) (Entered: 06/05/2015)

06/23/2015

221

OPINION AND ORDER: Denying 195 "Plaintiff's Motion in Support of
Diversity Jurisdiction Pursuant to 28 U.S.C. SEC. 1332;" and Granting 196
"Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to
Rule 12(b)(1) and/or 12(h)(3)." Judgment shall be entered accordingly.
Signed by Judge Pedro A. Delgado-Hernandez on 6/23/2015. (DJP)
(Entered: 06/23/2015)

06/23/2015

222

JUDGMENT dismissing the case without prejudice. The case is now closed
for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on
6/23/2015. (DJP) (Entered: 06/23/2015)

06/23/2015
06/24/2015

(Court only) ***Civil Case Terminated., ***Set/Clear Flags (mr) (Entered:
06/25/2015)
223

NOTICE OF APPEAL as to 221 Opinion and Order, Terminate Motions,,
222 Judgment by Jose Aponte-Davila. Filing fee $505, receipt number
0104-4459226.
NOTICE TO COUNSEL: Counsel should register for a First Circuit
CM/ECF Appellate Filer Account at
http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the

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First Circuit requirements for electronic filing by visiting the CM/ECF
Information section at http://www.ca1.uscourts.gov/efiling.htm (UbarriGarcia, Jose) (Entered: 06/24/2015)
07/09/2015

224

Certified and Transmitted Record on Appeal to US Court of Appeals re 223
Notice of Appeal, [Docket Entries 221, 222 & 223] (xi) (Entered:
07/09/2015)

07/09/2015

225

USCA Case Number 15-1800 for 223 Notice of Appeal, filed by Jose
Aponte-Davila. (xi) (Entered: 07/09/2015)

07/11/2016

226

Printed Opinion of USCA dated 07/08/16 as to 223 Notice of Appeal, filed
by Jose Aponte-Davila. (xi) (Entered: 07/11/2016)

07/11/2016

227

USCA JUDGMENT as to 223 Notice of Appeal, filed by Jose AponteDavila; REVERSED & REMANDED for further proceedings. (xi)
(Entered: 07/11/2016)

07/14/2016

228

INFORMATIVE Motion regarding Requesting Scheduling of Pretrial
Conference and Trial filed by Jose Luis Ubarri-Garcia on behalf of All
Plaintiffs Suggestions in opposition/response due by 8/1/2016 (UbarriGarcia, Jose) (Entered: 07/14/2016)

07/14/2016

229

ORDER: Noting and Denying 228 "Informative Motion and Requesting
Scheduling of Pretrial Conference and Trial." The court will await receipt
of mandate prior to issuing any case management order." Signed by Judge
Pedro A. Delgado-Hernandez on 7/14/2016. (ADS) (Entered: 07/14/2016)

08/02/2016

230

MANDATE of USCA as to 223 Notice of Appeal, filed by Jose AponteDavila; REVERSED & REMANDED for further proceedings. RE: 227
USCA JUDGMENT. (xi) (Entered: 08/02/2016)

08/02/2016

08/02/2016

Appeal Record Returned: 223 Notice of Appeal, filed by Jose AponteDavila RE: 224 Appeal Record Sent to USCA, 227 USCA Judgment, 226
USCA Opinion, 230 USCA Mandate. (xi) (Entered: 08/02/2016)
231

08/02/2016

ORDER: The parties shall submit a Joint Pretrial Conference Report
not later than September 2, 2016. See Order attached. Signed by Judge
Pedro A. Delgado-Hernandez on 8/2/2016. (ADS) (Entered: 08/02/2016)
(Court only) ***Case Reopened (mr) (Entered: 08/03/2016)

08/03/2016

232

INFORMATIVE Motion regarding Attorney Conference to Prepare Joint
Report filed by David W. Roman on behalf of All Plaintiffs Suggestions in
opposition/response due by 8/22/2016 (Attachments: # 1 Exhibit Invitation
to Conference)(Roman, David) (Entered: 08/03/2016)

08/03/2016

233

ORDER: Noting 232 "Informative Motion Regarding Invitation to
Conference to Prepare Joint Pretrial Conference Report." Signed by Judge
Pedro A. Delgado-Hernandez on 8/3/2016. (ADS) (Entered: 08/03/2016)

08/09/2016

234

INFORMATIVE Motion regarding (Further) Attorney Conference to
Prepare Joint Report filed by David W. Roman on behalf of All Plaintiffs
Suggestions in opposition/response due by 8/26/2016 (Roman, David)

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(Entered: 08/09/2016)
08/09/2016

235

ORDER: Noting 234 "Further Informative Motion Regarding Attorney
Conference to Prepare Joint Pretrial Conference Report." Unless a conflict
arises, there is no need to inform the court of conversations between
counsel for the parties. Signed by Judge Pedro A. Delgado-Hernandez on
8/9/2016. (ADS) (Entered: 08/09/2016)

09/01/2016

236

MOTION for Extension of Time to File Pretrial Conference Report filed
by Pablo H. Montaner-Cordero on behalf of All Defendants Suggestions in
opposition/response due by 9/19/2016 (Montaner-Cordero, Pablo) (Entered:
09/01/2016)

09/01/2016

237

ORDER re: 236 "Motion for Extension of Time to File Joint Pretrial
Conference Report." Plaintiff shall express his position regarding
defendants' motion by 9/6/2016. Signed by Judge Pedro A. DelgadoHernandez on 9/1/2016. (ADS) (Entered: 09/01/2016)

09/06/2016

238

Motion In Compliance with Court Order (Dkt. #237) filed by David W.
Roman on behalf of Jose Aponte-Davila Suggestions in opposition/response
due by 9/23/2016 (Roman, David) (Entered: 09/06/2016)

09/07/2016

239

ORDER: Granting 236 "Motion for Extension of Time to File Joint Pretrial
Conference Report" and Granting in Part and Denying in Part 238 "Motion
in Compliance with Court Order and Request for Court Ordered Specific
Deadlines." The court adopts the schedule proposed at Docket No. 238,
except for the deadline to submit the final Joint Pretrial Conference
Report, which shall be October 3, 2016, instead of September 29, 2016.
Signed by Judge Pedro A. Delgado-Hernandez on 9/7/2016. (ADS)
(Entered: 09/07/2016)

09/16/2016

240

INFORMATIVE Motion regarding Bill of Costs Payment filed by Michael
C. McCall on behalf of Consolidated Waste Service Corp., Mapfre/Praico,
Municipality of Caguas Suggestions in opposition/response due by
10/3/2016 (McCall, Michael) (Entered: 09/16/2016)

09/16/2016

DEPOSIT of Funds in the amount of $ 1052.08, receipt number
PRX100044420. (RE DKT. 240) (arg) (Entered: 09/16/2016)

09/26/2016

241

MOTION requesting Order to Show Cause and For Revised Schedule to
File Joint Pretrial Conference Report filed by David W. Roman on behalf
of Jose Aponte-Davila Suggestions in opposition/response due by
10/14/2016 (Roman, David) (Entered: 09/26/2016)

09/28/2016

242

Notice of Appearance filed by Carlo Giuseppe Agrelot-Aponte on behalf of
Eddie Jimenez Suggestions in opposition/response due by 10/17/2016
(Agrelot-Aponte, Carlo) Modified on 9/28/2016 to terminate as motion
(mr). (Entered: 09/28/2016)

09/28/2016
09/28/2016

(Court only) ***Motions terminated: 242 MOTION for Leave to Appear
filed by Eddie Jimenez. (mr) (Entered: 09/28/2016)
243

ORDER: Denying 241 "Plaintiff's Request for Order to Show Cause and for
Revised Schedule to file Court Ordered Joint Pretrial Conference Report."

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Based on the motion, the Court infers that there has been no effective
communication amongst all record counsel. In the event a Joint Pretrial
Conference Report cannot be filed as ordered in Docket No. 239, by
October 3, 2016, each party shall file its own report by such date. The party
not filing the report on or before the deadline may be subject to sanctions,
including, in case of any of the defendants, entry of default. Signed by
Judge Pedro A. Delgado-Hernandez on 9/28/2016. (IFN) (Entered:
09/28/2016)
09/29/2016

244

MOTION for Disbursement of Funds Taxed as Costs filed by David W.
Roman on behalf of Jose Aponte-Davila Suggestions in opposition/response
due by 10/17/2016 (Roman, David) (Entered: 09/29/2016)

09/29/2016

245

ORDER: Noting 240 "Informative Motion." Signed by Judge Pedro A.
Delgado-Hernandez on 09/29/2016. (LMR) (Entered: 09/29/2016)

09/29/2016

246

MOTION for Reconsideration re 243 Order on Motion requesting Order,,
filed by Carlo Giuseppe Agrelot-Aponte on behalf of Eddie Jimenez
Suggestions in opposition/response due by 10/17/2016 (Related document
(s) 243 ) (Agrelot-Aponte, Carlo) (Entered: 09/29/2016)

09/30/2016

247

ORDER: Denying 246 "Motion for Reconsideration of Court's Order
Denying 'Plaintiff's Request for Order to Show Cause and for Revised
Schedule' (Docket No. 243) as to the Proposed Revised Schedule Proffered
Herein." The case was filed in 2013. The court is at a loss to understand
why the appearing firm has not provided information regarding Vivian
Ramos-Santiago, specifically, when she left the firm and what, if any,
measures were adopted to ensure compliance with this court's order. The
deadline set at Docket No. 243 remains. The parties shall appear before this
court on October 7, 2016, at 4:00 p.m., to stipulate documents and
evidence. Signed by Judge Pedro A. Delgado-Hernandez on 9/30/2016.
(IFN) (Entered: 09/30/2016)

10/03/2016

248

MOTION to Continue Hearing filed by Pablo H. Montaner-Cordero on
behalf of Consolidated Waste Service Corp., Mapfre/Praico Suggestions in
opposition/response due by 10/20/2016 (Montaner-Cordero, Pablo)
(Entered: 10/03/2016)

10/03/2016

249

PRETRIAL MEMORANDUM by Consolidated Waste Service Corp.,
Mapfre/Praico. (Montaner-Cordero, Pablo) (Entered: 10/03/2016)

10/03/2016

250

PRETRIAL MEMORANDUM by Eddie Jimenez. (Agrelot-Aponte, Carlo)
(Entered: 10/03/2016)

10/03/2016

251

Proposed Pretrial Order by Jose Aponte-Davila. (Ubarri-Garcia, Jose)
(Entered: 10/03/2016)

10/03/2016

252

Proposed Pretrial Order by Municipality of Caguas. (McCall, Michael)
(Entered: 10/03/2016)

10/04/2016

253

MOTION to Withdraw Attorney as to Vivian Patricia Ramos-Santiago filed
by Vivian Patricia Ramos-Santiago on behalf of Eddie Jimenez, Eddie
Jimenez-Cosmo Suggestions in opposition/response due by 10/21/2016

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(Ramos-Santiago, Vivian) (Entered: 10/04/2016)
10/04/2016

254

ORDER: Granting 244 "Motion for Disbursement of Funds." Signed by
Judge Pedro A. Delgado-Hernandez. (IFN) (Entered: 10/04/2016)

10/05/2016

255

ORDER: Granting 248 "Motion to Continue Hearing." The conference to
stipulate documents and evidence is RESET to 10/17/2016 at 04:00 PM in
Courtroom 3 before Judge Pedro A. Delgado-Hernandez. Signed by Judge
Pedro A. Delgado-Hernandez on 10/5/2016. (IFN) (Entered: 10/05/2016)

10/05/2016

256

ORDER: Granting 253 Motion to Withdraw as Attorney. Attorney RamosSantiago terminated. Signed by Judge Pedro A. Delgado-Hernandez on
10/5/2016. (IFN) (Entered: 10/05/2016)

10/18/2016

257

INFORMATIVE Motion regarding issue of copy of policy filed by Carlo
Giuseppe Agrelot-Aponte on behalf of Eddie Jimenez Suggestions in
opposition/response due by 11/4/2016 (Agrelot-Aponte, Carlo) (Entered:
10/18/2016)

10/19/2016

258

ORDER: Noting 257 "Informative Motion as to Issue of Copy of Policy to
all Parties." Signed by Judge Pedro A. Delgado-Hernandez on 10/19/2016.
(IFN) (Entered: 10/19/2016)

10/24/2016

(Court only) Check No. 00339062 Disbursed in the amount of $ 1,052.08
payable to Ubarri and Roman Law Offices as per dk# 254. (fg) (Entered:
10/24/2016)

10/25/2016

259

Minute Entry for proceedings held before Judge Pedro A. DelgadoHernandez:Conference held on 10/17/2016. See Minutes attached. (LMR)
(Entered: 10/25/2016)

10/31/2016

260

MOTION to Amend/Correct Minutes of Proceeedings: Conference Re: 259
Minute, Status Conference filed by David W. Roman on behalf of Jose
Aponte-Davila Suggestions in opposition/response due by 11/17/2016
(Related document(s) 259 ) (Roman, David) (Entered: 10/31/2016)

11/01/2016

261

ORDER: Noting and Granting in part 260 "Plaintiff's Motion to Amend the
'Minutes of Proceedings: Conference' (DKT. #259)." The Court will not
amend the Minutes, for its recollection does not coincide with plaintiffs on
the issues of Monica Vega and defense's proposed documentary trial
evidence. As to documents, only the items referred to in paragraph 5 at page
3 of the Minutes in Docket No. 259 were raised and discussed.
Nevertheless, plaintiff may include Monica Vega Conde in its objections to
proposed defense fact witnesses and documents other than those in
paragraph 5 of the Minutes in connection with the motion(s) to be filed
within the briefing schedule set in the Minutes. Signed by Judge Pedro A.
Delgado-Hernandez on 11/1/2016. (IFN) (Entered: 11/01/2016)

11/07/2016

262

Joint INFORMATIVE Motion regarding the Appearing Defendants'
supplementation of their disclosures of expert witness testimony for Dr.
Jaime L. del Valle Cabellero, Ph.D. and Dr. Orlando S. Fernndez, MD
under Fed.R.Civ.P. 26(a)(2) and Fed.R.Civ.P. 26(e)(2) filed by Michael C.
McCall on behalf of Consolidated Waste Service Corp., Eddie Jimenez,

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Mapfre/Praico, Municipality of Caguas Suggestions in opposition/response
due by 11/28/2016 (Attachments: # 1 Exhibit 1)(McCall, Michael)
(Entered: 11/07/2016)
11/07/2016

263

INFORMATIVE Motion regarding The Municipality of Caguas'
supplementation of and/or amendment to its Fed.R.Civ.P. 26(a)(1)(A)(i)
disclosures pursuant to Fed.R.Civ.P. 26(e)(1)(A) of individuals likely to
have discoverable information that the Municipality may use to support its
claims or defenses filed by Michael C. McCall on behalf of Municipality of
Caguas Suggestions in opposition/response due by 11/28/2016
(Attachments: # 1 Exhibit 1)(McCall, Michael) (Entered: 11/07/2016)

11/09/2016

264

ORDER: Noting 262 "Informative Motion." Signed by Judge Pedro A.
Delgado-Hernandez on 11/9/2016. (IFN) (Entered: 11/09/2016)

11/09/2016

265

ORDER: Noting 263 "Informative Motion." Signed by Judge Pedro A.
Delgado-Hernandez on 11/9/2016. (IFN) (Entered: 11/09/2016)

11/09/2016

266

MOTION in Limine by Plaintiff (Omnibus) to Exclude Defense Witnesses,
Exhibits, and Other Matters at Trial filed by David W. Roman on behalf of
Jose Aponte-Davila Suggestions in opposition/response due by 11/28/2016
(Attachments: # 1 Exhibit Initial Disclosures, # 2 Exhibit Answers to
Interrogatorys, # 3 Exhibit Letter from Defendants 7 Nov 2016)(Roman,
David) (Entered: 11/09/2016)

11/09/2016

267

MOTION in Limine by Plaintiff to Exclude Expert Jaime del Valle
Caballero filed by David W. Roman on behalf of Jose Aponte-Davila
Suggestions in opposition/response due by 11/28/2016 (Attachments: # 1
Exhibit Email to Plaintiff with Expert Disclosure, # 2 Exhibit Expert Report
of Jaime del Valle Caballero)(Roman, David) (Entered: 11/09/2016)

11/29/2016

268

MOTION to Restrict Document filed by Michael C. McCall on behalf of
Consolidated Waste Service Corp., Eddie Jimenez, Mapfre/Praico,
Municipality of Caguas Suggestions in opposition/response due by
12/16/2016 (McCall, Michael) (Entered: 11/29/2016)

11/29/2016

269

**CASE PARTICIPANTS** MOTION for Extension of Time until
December 7, 2016 to File Response/Reply as to 266 MOTION in Limine by
Plaintiff (Omnibus) to Exclude Defense Witnesses, Exhibits, and Other
Matters at Trial filed by Jose Aponte-Davila, 267 MOTION in Limine by
Plaintiff to Exclude Expert Jaime del Valle Caballero filed by Jose AponteDavila filed by Michael C. McCall on behalf of Consolidated Waste
Service Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas
Suggestions in opposition/response due by 12/16/2016 (Related document
(s) 266 , 267 ) (McCall, Michael) (Entered: 11/29/2016)

11/30/2016

270

ORDER: Granting 268 "Motion Requesting Order Pursuant to Standing
Order #9 to Submit Document Under Seal." Signed by Judge Pedro A.
Delgado-Hernandez on 11/30/2016. (IFN) (Entered: 11/30/2016)

11/30/2016

271

ORDER: Granting 269 "Joint Motion Requesting an Extension of Time..."
Opposition due by 12/7/2016. Signed by Judge Pedro A. DelgadoHernandez on 11/30/2016. (IFN) (Entered: 11/30/2016)

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12/07/2016

272

MOTION for extension of time until December 16, 2016 to File Reply to
Defendants'Opposition filed by David W. Roman on behalf of Jose AponteDavila Responses due by 12/21/2016. NOTE: Pursuant to FRCP 6(a) an
additional three days does not apply to service done electronically. (Roman,
David) Modified on 12/8/2016 to remove the word third (nat). (Entered:
12/07/2016)

12/07/2016

273

MOTION for Extension of Time until December 8, 2016 to file oppositions
to motions in limine (Docket Nos. 266 and 267) filed by Michael C. McCall
on behalf of Consolidated Waste Service Corp., Eddie Jimenez,
Mapfre/Praico, Municipality of Caguas Responses due by 12/21/2016.
NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to
service done electronically. (McCall, Michael) (Entered: 12/07/2016)

12/08/2016

274

ORDER: Granting 272 "Plaintiff's Motion for Extension of Time to Reply
to Defendants' Opposition and for Some Disposition." Plaintiff's request for
an extension of time is GRANTED. Reply due December 16, 2016. Signed
by Judge Pedro A. Delgado-Hernandez on 12/8/2016. (IFN) (Entered:
12/08/2016)

12/08/2016

275

ORDER: Granting 273 "Appearing Defendants' Motion Requesting a Final
Extension of Time of One Day to Oppose the Plaintiff's Motions in
Limine." Opposition due December 8, 2016. Signed by Judge Pedro A.
Delgado-Hernandez on 12/8/2016. (IFN) (Entered: 12/08/2016)

12/08/2016

276

Memorandum in Opposition to Motion filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas Re: 266
MOTION in Limine by Plaintiff (Omnibus) to Exclude Defense Witnesses,
Exhibits, and Other Matters at Trial filed by Jose Aponte-Davila filed by
Consolidated Waste Service Corp., Eddie Jimenez, Mapfre/Praico,
Municipality of Caguas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McCall, Michael) (Entered:
12/08/2016)

12/08/2016

277

Memorandum in Opposition to Motion filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas Re: 267
MOTION in Limine by Plaintiff to Exclude Expert Jaime del Valle
Caballero filed by Jose Aponte-Davila filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas.
(Attachments: # 1 Exhibit I, # 2 Exhibit II, # 3 Exhibit III)(McCall,
Michael) (Entered: 12/08/2016)

12/19/2016

278

REPLY to Response to Motion and Request for Daubert Hearing filed by
Jose Aponte-Davila Re: 267 MOTION in Limine by Plaintiff to Exclude
Expert Jaime del Valle Caballero filed by Jose Aponte-Davila filed by Jose
Aponte-Davila. (Roman, David) (Entered: 12/19/2016)

12/19/2016

279

REPLY to Response to Motion filed by Jose Aponte-Davila Re: 266
MOTION in Limine by Plaintiff (Omnibus) to Exclude Defense Witnesses,
Exhibits, and Other Matters at Trial filed by Jose Aponte-Davila filed by
Jose Aponte-Davila. (Roman, David) (Entered: 12/19/2016)

12/19/2016

280

MOTION for Leave to File Excess Pages (Oversized Reply's) filed by

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David W. Roman on behalf of Jose Aponte-Davila Responses due by
1/3/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not
apply to service done electronically. (Roman, David) (Entered: 12/19/2016)
12/20/2016

281

ORDER: Granting 280 "Plaintiff's Motion for Leave to File Oversized
Replies." Signed by Judge Pedro A. Delgado-Hernandez on 12/20/2016.
(IFN) (Entered: 12/20/2016)

12/30/2016

282

MOTION for Extension of Time until January 13, 2017 to jointly file
surreplies to the plaintiff's two replies to File Response/Reply Joint
Surreplies as to 279 Reply to Response to Motion, filed by Jose AponteDavila, 278 Reply to Response to Motion, filed by Jose Aponte-Davila filed
by Michael C. McCall on behalf of Municipality of Caguas Responses due
by 1/13/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does
not apply to service done electronically. (Related document(s) 279 , 278 )
(McCall, Michael) (Entered: 12/30/2016)

01/03/2017

283

ORDER: Granting 282 "Motion Requesting an Extension of Time of the
Deadline to File Surreplies." Surreplies due January 13, 2017. Signed by
Judge Pedro A. Delgado-Hernandez on 1/3/2017. (IFN) (Entered:
01/03/2017)

01/13/2017

284

Final MOTION for Extension of Time until January 17, 2017 to File
Response/Reply as to 279 Reply to Response to Motion, filed by Jose
Aponte-Davila, 278 Reply to Response to Motion, filed by Jose AponteDavila filed by Michael C. McCall on behalf of Municipality of Caguas
Responses due by 1/27/2017. NOTE: Pursuant to FRCP 6(a) an additional
three days does not apply to service done electronically. (Related document
(s) 279 , 278 ) (McCall, Michael) (Entered: 01/13/2017)

01/17/2017

285

ORDER: Granting 284 "Motion Requesting a Final Extension of Time of
One Business Day of the Deadline to File Surreplies." Sur-replies due
January 17, 2017. Signed by Judge Pedro A. Delgado-Hernandez on
1/17/2017. (IFN) (Entered: 01/17/2017)

01/17/2017

286

SURREPLY to Reply to Opposition filed by Consolidated Waste Service
Corp., Eddie Jimenez-Cosmo, Mapfre/Praico, Municipality of Caguas Re:
266 MOTION in Limine by Plaintiff (Omnibus) to Exclude Defense
Witnesses, Exhibits, and Other Matters at Trial filed by Jose Aponte-Davila
filed by Consolidated Waste Service Corp., Eddie Jimenez-Cosmo,
Mapfre/Praico, Municipality of Caguas. (McCall, Michael) (Entered:
01/17/2017)

01/18/2017

287

SURREPLY to Reply to Opposition filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas Re: 267
MOTION in Limine by Plaintiff to Exclude Expert Jaime del Valle
Caballero filed by Jose Aponte-Davila filed by Consolidated Waste Service
Corp., Eddie Jimenez, Mapfre/Praico, Municipality of Caguas. (McCall,
Michael) (Entered: 01/18/2017)

01/18/2017

288

MOTION for Leave to File Excess Pages filed by Michael C. McCall on
behalf of Municipality of Caguas Responses due by 2/1/2017. NOTE:
Pursuant to FRCP 6(a) an additional three days does not apply to service

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done electronically. (McCall, Michael) (Entered: 01/18/2017)
01/23/2017

289

ORDER: Granting 288 "Motion Seeking Leave Under Local Civil Rule 7
(d) to File Surreply (Docket No. 286) in Excess of the Page Limits." Signed
by Judge Pedro A. Delgado-Hernandez on 1/23/2017. (IFN) (Entered:
01/23/2017)

01/27/2017

290

REPLY to SURREPLY to Reply to Opposition re: 267 MOTION in Limine
by Plaintiff to Exclude Expert Jaime del Valle Caballero filed by All
Plaintiffs filed by All Plaintiffs. (Roman, David) Modified on 1/30/2017 to
create relationship to DE 267 (mr). (Entered: 01/27/2017)

01/27/2017

291

REPLY to SURREPLY to Reply to Opposition re: 266 MOTION in Limine
by Plaintiff (Omnibus) to Exclude Defense Witnesses, Exhibits, and Other
Matters at Trial filed by All Plaintiffs. (Attachments: # 1 Exhibit Deposition
excerpt)(Roman, David) Modified on 1/30/2017 to create relationship to
DE 266 (mr). (Entered: 01/27/2017)

01/27/2017

292

MOTION for Leave to File Document Oversizd Sur-SurReply (Dkt. 291)
filed by David W. Roman on behalf of All Plaintiffs Responses due by
2/10/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not
apply to service done electronically. (Roman, David) (Entered: 01/27/2017)

01/30/2017

293

ORDER: Granting 292 "Plaintiff's Motion for Leave to File Oversized SurSurreply." Signed by Judge Pedro A. Delgado-Hernandez on 1/30/2017.
(IFN) (Entered: 01/30/2017)

02/02/2017

294

ORDER: Motion/Daubert hearing set for February 13, 2017 at 9:30 AM
in Courtroom 3. Parties shall bring all evidence to which the pending
motions refer for court examination. Signed by Judge Pedro A. DelgadoHernandez on 2/2/2017. (IFN) (Entered: 02/02/2017)

02/07/2017

295

MOTION to Set Aside and reschedule Hearing for any Day After February
21, 2017 re: 294 ORDER. Signed by Judge Pedro A. Delgado-Hernandez
on 2/2/2017. (IFN), MOTION to Reschedule Motion/Daubert hearing filed
by Michael C. McCall on behalf of Municipality of Caguas Responses due
by 2/21/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does
not apply to service done electronically. (Related document(s) 294 )
(McCall, Michael) Modified on 2/8/2017 to delete docket text as to Order
(mr). (Entered: 02/07/2017)

02/07/2017

296

ORDER: Denying 295 "Motion to Reschedule February 13, 2017
Motion/Daubert Hearing Due to Depositions Being Taken Stateside."
Defendant shall comply with Local Rule 16(k) by contacting other counsel
of record and certifying at least three (3) alternative dates available to all
parties. Signed by Judge Pedro A. Delgado-Hernandez on 2/7/2017. (IFN)
(Entered: 02/07/2017)

02/07/2017

297

RESPONSE in Opposition to Motion Requesting Postponement of Daubert
Hearing filed by All Plaintiffs Re: 295 MOTION to Set Aside and
reschedule Hearing for any Day After February 21, 2017 re: 294 ORDER
to Reschedule Motion/Daubert hearing filed by Municipality of Caguas
filed by All Plaintiffs. (Attachments: # 1 Exhibit Excerpt from Expert

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Report)(Roman, David) Modified on 2/8/2017 to delete docket text as to
Order(mr). (Entered: 02/07/2017)
02/08/2017

298

RESPONSE in Opposition to Motion (Supplement) In Opposition to
Postponement Request and Compliance with Local Rule 16(k) filed by All
Plaintiffs Re: 296 Order on Motion to Set Aside, Order on Motion for
Miscellaneous Relief,, 297 Response in Opposition to Motion, filed by Jose
Aponte-Davila filed by All Plaintiffs. (Attachments: # 1 Exhibit Local Rule
16(k) letter)(Roman, David) (Entered: 02/08/2017)

02/09/2017

299

ORDER: Noting 297 "Plaintiff's Opposition to Rescheduling of Daubert
Hearing" and 298 "Plaintiffs' Supplement..." As of today, the hearing
remains for February 13, 2017 at 9:30a.m. as set at Docket No. 294.
Signed by Judge Pedro A. Delgado-Hernandez on 2/9/2017. (IFN) (Entered:
02/09/2017)

02/10/2017

300

Emergency MOTION Motion Renewing Request to Set Aside and
Reschedule Daubert hearing re 295 MOTION to Set Aside and reschedule
Hearing for any Day After February 21, 2017 re: 294 ORDER filed by
Michael C. McCall on behalf of Municipality of Caguas Responses due by
2/24/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not
apply to service done electronically. (Related document(s) 295 ) (McCall,
Michael) Modified on 2/13/2017 to delete red text as to Order (mr).
(Entered: 02/10/2017)

02/10/2017

301

ORDER: A telephone conference to discuss the motion at Docket No. 300
is hereby set for 5:00 p.m. today. The parties shall connect to the telephone
conference as follows: Dial Toll-Free Number (in USA): 877-336-1828.
When prompted, enter the Meeting Access Code: 8533876#. Enter the
Security Code: 1679#. Signed by Judge Pedro A. Delgado-Hernandez on
2/10/2017. (IFN) (Entered: 02/10/2017)

02/10/2017

(Court only) Set/Reset Hearings: Telephone Conference set for 2/10/2017
at 5:00 p.m. before Judge Pedro A. Delgado-Hernandez. (LMR)
(Entered: 02/10/2017)

02/10/2017

302

ORDER: Granting 300 "Motion Renewing Motion to Reschedule February
13, 2017 Motion/Daubert Hearing Due to the Unavailability of Defendants
Economic Expert Witness Dr. Jaime del Valle Caballero for Such Hearing
and Other Reasons." Motion/Daubert hearing set for February 13, 2017
is VACATED and RESCHEDULED for March 14, 2017 at 9:00 AM.
Parties shall bring all evidence to which the pending motions refer for court
examination, and be prepared to argue and answer questions on all pending
issues. Signed by Judge Pedro A. Delgado-Hernandez on 2/10/2017.(IFN)
(Entered: 02/10/2017)

02/10/2017

304

Minute Entry for proceedings held before Judge Pedro A. DelgadoHernandez on February 10, 2017. See attached. (IFN) (Entered:
03/06/2017)

02/16/2017

303

NOTICE of Change of Address by Pablo H. Montaner-Cordero filed on
behalf of Consolidated Waste Service Corp., Mapfre/Praico (MontanerCordero, Pablo) (Entered: 02/16/2017)

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03/13/2017

305

MOTION requesting Order Requesting that Daubert component of hearing
be heard first filed by Pablo H. Montaner-Cordero on behalf of
Consolidated Waste Service Corp., Mapfre/Praico Responses due by
3/27/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not
apply to service done electronically. (Montaner-Cordero, Pablo) (Entered:
03/13/2017)

03/13/2017

306

ORDER: Granting 305 "Motion Requesting Daubert Component of Hearing
be Heard First." Signed by Judge Pedro A. Delgado-Hernandez on
3/13/2017. (IFN) (Entered: 03/13/2017)

03/14/2017

307

Minute Entry for proceedings held before Judge Pedro A. DelgadoHernandez: Motion/Daubert Hearing held on 3/14/2017. Joint Motion due
by 3/17/2017.(Court Reporter Amy Walker.) (grf) (Entered: 03/14/2017)

03/14/2017

308

DEFENDANTS' Exhibit List re: Motion/Daubert hearing 307 . (grf)
(Additional attachment(s) added on 3/16/2017: # 1 Exhibits) (mr). (Entered:
03/16/2017)

03/14/2017

314

AMENDED Minute Entry for proceedings held before Judge Pedro A.
Delgado-Hernandez: Motion/Daubert Hearing held on 3/14/2017. Joint
Motion due by 3/17/2017.(Court Reporter Amy Walker.) (grf) (Entered:
03/31/2017)

03/16/2017

(Court only) Remark: Exhibits of Motion/Daubert held on 3/14/2017
handed over to Intake. (cc) (Entered: 03/16/2017)

03/17/2017

309

Joint INFORMATIVE Motion regarding compliance with the Court's
orders at Docket 307 filed by Luis E. Pabon-Roca on behalf of All Parties.
Responses due by 3/31/2017. NOTE: Pursuant to FRCP 6(a) an additional
three days does not apply to service done electronically. (Pabon-Roca, Luis)
Modified on 3/20/2017 to add filers (mr). (Entered: 03/17/2017)

03/20/2017

310

MOTION to Amend/Correct Minutes of Proceedings Held on March 14,
2017 (Dkt. 307) Re: 307 Motion Hearing, Set Deadlines filed by David W.
Roman on behalf of All Plaintiffs Responses due by 4/3/2017. NOTE:
Pursuant to FRCP 6(a) an additional three days does not apply to service
done electronically. (Related document(s) 307 ) (Roman, David) (Entered:
03/20/2017)

03/20/2017

311

ORDER: Granting 309 "Joint Informative Motion." Accordingly, the
objections at paragraphs 16(a) and 16(c) of 266 "Omnibus Motion in
Limine to Exclude at Trial Defense Witnesses, Exhibits, and Other Matters"
are deemed withdrawn and the parties are deemed to have complied with
the court's order. Signed by Judge Pedro A. Delgado-Hernandez on
3/20/2017. (IFN) (Entered: 03/20/2017)

03/21/2017

312

Motion In Compliance With Court Order Issued At The Close Of Hearing
Held On March 14, 2017 filed by David W. Roman on behalf of Jose
Aponte-Davila Responses due by 4/4/2017. NOTE: Pursuant to FRCP 6(a)
an additional three days does not apply to service done electronically.
(Roman, David) (Entered: 03/21/2017)

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03/29/2017

Page 45 of 45

(Court only) US Magistrate Judge Silvia Carreno-Coll no longer assigned to
case. (mcv) (Entered: 03/29/2017)

03/30/2017

313

ORDER re 310 "Plaintiff's Motion to Amend and Correct Minutes of
Proceedings Held on March 14, 2017(DKT. 307)": The Minute of
Proceedings Held on March 14, 2017 is amended to include the following:
1. With regards to Docket No. 266 (Section C-I, paragraphs 17-20): The
court ruled that it would not allow any reference to the difference between
the ad damnum of the State and Federal cases. 2. With regards to Docket
No. 266 (Section C-III, paragraphs 23-24): The Court ruled that it would
not allow any reference that questioned whether plaintiff was a domiciliary
for purposes of jurisdiction. Signed by Judge Pedro A. Delgado-Hernandez
on 3/30/2017.(IFN) (Entered: 03/30/2017)

04/03/2017

315

ORDER: Noting 312 "Plaintiff's Motion in Compliance with Court Order
Issued at Close of Hearing Held on March 14, 2017." Signed by Judge
Pedro A. Delgado-Hernandez on 4/3/2017. (IFN) (Entered: 04/03/2017)

05/16/2017

316

INFORMATIVE Motion regarding Vacation Leave filed by Clarisa SolaGomez on behalf of Municipality of Caguas Responses due by 5/30/2017.
NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to
service done electronically. (Attachments: # 1 Exhibit 1 Itinerary)(SolaGomez, Clarisa) (Entered: 05/16/2017)

05/18/2017

317

ORDER: Noting 316 "Informative Motion Regarding Vacation Leave."
Signed by Judge Pedro A. Delgado-Hernandez on 5/18/2017. (ebb)
(Entered: 05/18/2017)

06/09/2017

(Court only) Remark: Exhibits of Motion/Daubert held on 3/14/2017
handed over to PAD Chambers (ad) (Entered: 06/09/2017)

06/19/2017

318

MOTION to Withdraw Attorney as to Michael C. McCall filed by Michael
C. McCall on behalf of Municipality of Caguas Responses due by 7/3/2017.
NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to
service done electronically. (McCall, Michael) (Entered: 06/19/2017)

06/20/2017

319

ORDER: Granting 318 "Motion to Withdraw as Legal Counsel." Attorney
McCall is granted leave to withdraw as counsel of record. Signed by Judge
Pedro A. Delgado-Hernandez on 6/20/2017. (ebb) (Entered: 06/20/2017)

06/20/2017
07/17/2017

(Court only) ***Attorney update for Municipality of Caguas Attorney
Michael C. McCall terminated.*** (mr) (Entered: 06/21/2017)
320

OPINION AND ORDER: Plaintiffs motion at Docket No. 266 is
GRANTED IN PART AND DENIED IN PART. The motion at Docket No.
267 is DENIED WITHOUT PREJUDICE to plaintiff's renewing it
following the Puerto Rico Supreme Court's response to the
CERTIFICATION request to be made by the court by way of a separate
Order. Signed by Judge Pedro A. Delgado-Hernandez on 7/17/2017.
(Attachments: # 1 Attachment A, # 2 Attachment B)(LMR) (Entered:
07/17/2017)

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