Ruiz-Romero v. Stelaris Food 369, Inc.
Filing
39
OPINION AND ORDER. Plaintiff has failed to comply with this Court's Order at ECF NO. 27 and has not even effectuated a first payment. The Court has granted plaintiff more than reasonable time to comply and has granted plaintiff the benefit of a very of a payment plan. Regardless, plaintiff has failed to comply with this Courts order for more than six straight months. Accordingly, the case is hereby DISMISSED. 28 U.S.C. § 1914. All pending motions are MOOT. Signed by Judge Aida M. Delgado-Colon on 11/21/2022.(wm)
Case 3:20-cv-01510-ADC Document 39 Filed 11/21/22 Page 1 of 3
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
ERNESTO RUIZ-ROMERO
Plaintiff,
v.
Civil No. 20-1510 (ADC)
STELARIS FOOD 369, Inc.,
Defendant.
OPINION AND ORDER
On September 29, 2020, Ernesto Ruiz-Romero (“plaintiff”) filed a pro se complaint for
employment retaliation against Stelaris Food 369, Inc. and a motion to proceed in forma pauperis.
ECF Nos. 1, 2. The Court denied plaintiff’s request to proceed in forma pauperis and granted
plaintiff fifteen days to pay applicable filing fees. ECF No. 6. Plaintiff’s motions to amend the
complaint were held in abeyance pending compliance with this Court’s Orders. Id.
Because plaintiff failed to comply with the Order denying plaintiff’s request to proceed
without prepaying filing fees, the Court dismissed plaintiff complaint via Opinion and Order at
ECF No. 7. Judgment was entered accordingly. ECF No. 8.
On August 3, 2021, plaintiff filed a notice of appeal in connection with this Court’s Order
at ECF No. 6 denying plaintiff’s motion to proceed in forma pauperis at ECF No. 1. Plaintiff also
filed a notice of appeal at ECF No. 11 as to this Court’s Opinion and Order at ECF No. 7.
Case 3:20-cv-01510-ADC Document 39 Filed 11/21/22 Page 2 of 3
Page 2
A motion for reconsideration, ECF No. 12, as to this Court’s Opinion and Order at ECF
No. 7, was docketed on August 12, 2021. ECF No. 12. Plaintiff then moved for leave to appeal in
forma pauperis. ECF No. 15.
On September 9, 2021, the United States Court of Appeals for the First Circuit entered an
order, among other things, consolidating plaintiff’s appeals and ordering the Court to forward
its decision on plaintiff’s motion for reconsideration to the Court of Appeals. ECF No. 17 at 1.
In accordance with the Order entered by Court of Appeals at ECF No. 17 and R. App. P.
4(a)(4)(B)(i), the Court ruled upon plaintiff’s motion for reconsideration at ECF No. 12.
Considering the limitations related to the COVID-19 pandemic protocols and restrictions, and
plaintiff’s inability to timely comply with this Court’s orders, the Court granted plaintiff’s
motion for reconsideration at ECF No. 12, and thus reconsidered and vacated the Orders and
the Judgment at ECF Nos. 6, 7 and 8 dismissing the case. However, the Court was very clear and
specific:
Plaintiff's requests to proceed in forma pauperis and motion for
appointment of counsel at ECF Nos. 20, 21, 22 are DENIED. In the interest
of justice, plaintiff is hereby authorized to pay the applicable filing fees in
accordance with the terms and conditions previously granted by a sister
Court. Therefore, plaintiff is authorized to pay the filing fee in monthly
installments of $80.00, due the first Friday of every month, beginning on
March 4, 20[22]. Failure to comply with the payments will result in the
dismissal of the case.
ECF No. 27 (emphasis added).
Case 3:20-cv-01510-ADC Document 39 Filed 11/21/22 Page 3 of 3
Page 3
Plaintiff has failed to comply and has not even effectuated a first payment. The Court has
granted plaintiff more than reasonable time to comply and has granted plaintiff the benefit of a
very of a payment plan. Regardless, plaintiff has failed to comply with this Court’s order for
more than six straight months.
Accordingly, the case is hereby DISMISSED. 28 U.S.C. § 1914. All pending motions are
MOOT.
The Clerk of Court shall enter Judgment accordingly.
SO ORDERED.
At San Juan, Puerto Rico, on this 18th day of November, 2022.
S/AIDA M. DELGADO-COLÓN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?