Case: Ortiz v. International Ethical Laboratories

3:05-cv-01267 | U.S. District Court for the District of Puerto Rico

Filed Date: March 9, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On March 9, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the District of Puerto Rico against International Ethical Laboratories, Inc. ("IEL"). The D.O.J. sought injunctive and monetary relief on behalf of an employee who also served in the Army National Guard.The employee served as an E-4 Specialist in the Army National Guard from 1991 to …

On March 9, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the District of Puerto Rico against International Ethical Laboratories, Inc. ("IEL"). The D.O.J. sought injunctive and monetary relief on behalf of an employee who also served in the Army National Guard.

The employee served as an E-4 Specialist in the Army National Guard from 1991 to 2000. In this capacity, the employee performed military duties one weekend a month and two weeks each summer. In January 2003, the employee commenced full-time employment as a pharmaceutical sales representative with IEL. In January 2004, during his employment with IEL, he re-enlisted in the Army National Guard and received written orders to report for active duty to attend 57-day officer basic training courses that was scheduled to begin on January 31, 2004. The employee provided oral and written notice to IEL of his written orders to report for active duty. On March 29, 2004, he attempted to return to work at IEL, but was denied reemployment. IEL discharged the employee on April 2, 2004.

The complaint alleges that IEL discriminated against the employee, denying him reemployment and other employment benefits, and discharging him because of his membership in, or obligation to perform service in, the uniformed services.

On July 26, 2007, a settlement agreement was entered by the consent of the parties whereby (1) the defendant agreed to pay the employee an amount the parties have agreed to keep confidential; (2) IEL agreed to correct all IEL records, including those contained in the employee's personnel file; and (3) IEL agreed to distribute its approved written USERRA policy and provide training to all IEL officers and employees.

We have no further information on this case.

The decree was entered in 2006 and scheduled to last 2007. No further docket entries exist, so the case is closed.

Summary Authors

Hyun Jeong Yang (11/28/2007)

People


Judge(s)

Laffitte, Héctor Manuel (Puerto Rico)

Attorneys(s) for Plaintiff

Embrey, Diana L. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Garcia, H. S. (Puerto Rico)

Lopez, Louis (District of Columbia)

Munoz-Acosta, Isabelle (Puerto Rico)

Rios-Gandara, Maria H (District of Columbia)

Attorneys(s) for Defendant

Gonzalez-Nogueras, Jose R. (Puerto Rico)

Mercado-Ramos, Ivy (Puerto Rico)

Montanez-Laboy, Kayra D. (Puerto Rico)

Judge(s)

Laffitte, Héctor Manuel (Puerto Rico)

Attorneys(s) for Plaintiff

Embrey, Diana L. (District of Columbia)

Gadzichowski, John M. (District of Columbia)

Garcia, H. S. (Puerto Rico)

Lopez, Louis (District of Columbia)

Munoz-Acosta, Isabelle (Puerto Rico)

Rios-Gandara, Maria H (District of Columbia)

Attorneys(s) for Defendant

Gonzalez-Nogueras, Jose R. (Puerto Rico)

Mercado-Ramos, Ivy (Puerto Rico)

Montanez-Laboy, Kayra D. (Puerto Rico)

Usera, Gregory T. (Puerto Rico)

Documents in the Clearinghouse

Document

Docket [PACER]

Colon-Ortiz v. International Ethical Laboratories, Inc.

July 26, 2006 Docket
1

Complaint

Colon-Ortiz v. International Ethical Laboratories

March 9, 2005 Complaint
44

Settlement Agreement

Colon-Ortiz v. International Ethical Laboratories, Inc.

July 26, 2006 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against International Ethical Laboratories, Inc., filed by Benito A. Colon-Ortiz. (Attachments: # 1 Civil Cover Sheet # 2 Category Sheet)(Munoz-Acosta, Isabel) (Entered: 03/10/2005)

March 9, 2005
2

Summons Issued as to International Ethical Laboratories, Inc.Service due by 7/7/2005. (cm, ) (Entered: 03/11/2005)

March 9, 2005
3

ANSWER to Complaint filed by Kayra D. Montanez-Laboy on behalf of Defendant International Ethical Laboratories, Inc..(Montanez-Laboy, Kayra) (Entered: 05/16/2005)

May 16, 2005
4

**FILED IN ERROR, SEE 5 FOR CORRECT ENTRY***SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 7/26/2005 09:00 AM before Judge Hector M Laffitte. Pretrial and Settlement Conference set for 7/6/2005 02:00 PM before Judge Hector M Laffitte. Discovery due by 1/3/2006. Dispositive Motions due by 1/17/2006. . Signed by Judge Hector M Laffitte on 5/27/2005. (jbg, ) Modified on 5/31/2005 (cm, ). (Entered: 05/27/2005)

May 27, 2005
5

AMENDED SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 7/26/2006 09:00 AM before Judge Hector M Laffitte. Pretrial and Settlement Conference set for 7/6/2006 02:00 PM before Judge Hector M Laffitte. Discovery due by 1/3/2006. Dispositive Motions due by 1/17/2006. . Signed by Judge Hector M Laffitte on 5/27/2006. (jbg, ) (Entered: 05/27/2005)

May 27, 2005
6

REPORT Pursuant to Rule 26 Regarding Joint Discovery Conference by all parties. (Lopez, Louis) (Entered: 07/08/2005)

July 8, 2005
7

MOTION to Compel the Production of Primary Defense Witnesses for Deposition filed byLouis Lopez on behalf of Benito A. Colon-Ortiz Suggestions in opposition/response due by 11/1/2005 (Attachments: # 1 Exhibits to Motion to Compel)(Lopez, Louis) (Entered: 10/19/2005)

Oct. 19, 2005
8

CERTIFICATE OF SERVICE by Benito A. Colon-Ortiz re 7 MOTION to Compel the Production of Primary Defense Witnesses for Deposition (Lopez, Louis) (Entered: 10/19/2005)

Oct. 19, 2005
9

RESPONSE in Opposition to Motion to Compel filed by International Ethical Laboratories, Inc. Re: 7 MOTION to Compel the Production of Primary Defense Witnesses for Deposition filed by Benito A. Colon-Ortiz, (Gonzalez- Nogueras, Jose) (Entered: 11/01/2005)

Nov. 1, 2005
10

ORDER denying 7 Motion to Compel. DENIED. Plaintiff shall conduct the depositions of Sammy Diaz, Nelson Irizarry, and Rafael Santos during the days of availability identified by defendants: December 6, 7, and 9 of 2005. If plaintiff requires additional time to conduct discovery he shall timely petition the Court for an extension of the discovery deadline. See D.P.R. L.Civ.R. 6(a); Fed.R.Civ.P. 6(b). The parties are reminded that pursuant to the initial scheduling order, discovery shall be limited to no more than five (5) depositions per party. See docket no. 5, at p. 1, para. 3. Signed by Judge Hector M Laffitte on 11/4/2005. (jbg, ) (Entered: 11/04/2005)

Nov. 4, 2005
11

Joint MOTION for extension of time until April 18, 2006 Extend Close of Discovery and May 19, 2006 for Deadline for Filing Dispositive Motions filed byIsabel Munoz-Acosta on behalf of Benito A. Colon-Ortiz Suggestions in opposition/response due by 12/27/2005 (Munoz-Acosta, Isabel) (Entered: 12/14/2005)

Dec. 14, 2005
13

ORDER granting 11 Joint Motion for extension of time. The parties are granted until 4/18/2006 to complete discovery and until 5/19/2006 to file dipositive motions. These are firm deadlines. All other dates and deadlines contained in the scheduling order remain in full force and effect. Signed by Judge Hector M Laffitte on 12/19/2006. (jbg, ) Modified on 12/28/2005 e-mailed to D.Embrey, M. Rios (np, ). (Entered: 12/19/2005)

Dec. 19, 2005
14

NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)

Feb. 10, 2006
15

NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)

Feb. 10, 2006
16

NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)

Feb. 10, 2006
17

NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)

Feb. 10, 2006
18

NOTICE OF TAKING OF DEPOSITION by Benito A. Colon- Ortiz (Attachments: # 1 # 2 # 3)(Munoz-Acosta, Isabel) (Entered: 02/28/2006)

Feb. 28, 2006
19

Emergency MOTION to Quash Subpoena filed byJose R. Gonzalez-Nogueras on behalf of International Ethical Laboratories, Inc. (Gonzalez-Nogueras, Jose) (Entered: 03/01/2006)

March 1, 2006
20

MOTION to Withdraw Document re:19 Emergency MOTION to Quash Subpoena filed by International Ethical Laboratories, Inc., filed byJose R. Gonzalez-Nogueras on behalf of International Ethical Laboratories, Inc. (Related document(s)19) (Gonzalez-Nogueras, Jose) (Entered: 03/07/2006)

March 7, 2006
21

ORDER withdrawing 19 Motion to Quash, granting 20 Motion to Withdraw Document. Accordingly, Motion to Quash (Dkt. 19) is hereby withdrawn. Signed by Judge Hector M Laffitte on 3/8/2006. (jbg, ) (Entered: 03/08/2006)

March 8, 2006
23

MOTION for Leave to Appear as Counsel filed byIvy Mercado- Ramos on behalf of International Ethical Laboratories, Inc. (Mercado-Ramos, Ivy) (Entered: 04/11/2006)

April 11, 2006
24

ORDER: Defendant's 22 Motion to Withdraw is GRANTED. The appearances of attorneys Jose R. Gonzalez-Nogueras and Kayra D. Montanez-Laboy are terminated. Defendant's 23 Motion for for Leave to Appear is GRANTED. Attorneys Gregory T. Usera and Ivy Mercado-Ramos are granted leave to appear and are to be electronically noticed by the Clerk of all docketing activity in the case. Signed by Judge Hector M Laffitte on 4/12/06. (gr) (Entered: 04/12/2006)

April 12, 2006
25

MOTION Requesting Enlargement of Discovery Deadline filed byIvy Mercado-Ramos on behalf of International Ethical Laboratories, Inc. (Mercado-Ramos, Ivy) (Entered: 04/12/2006)

April 12, 2006
26

MOTION for Leave to Appear filed byGregory T. Usera on behalf of International Ethical Laboratories, Inc. Suggestions in opposition/response due by 4/26/2006 (Usera, Gregory) (Entered: 04/13/2006)

April 13, 2006
27

RESPONSE to Motion filed by Benito A. Colon-Ortiz Re: 25 MOTION Requesting Enlargement of Discovery Deadline filed by International Ethical Laboratories, Inc., (Embrey, Diana) (Entered: 04/18/2006)

April 18, 2006
28

INFORMATIVE Motion filed byIvy Mercado-Ramos on behalf of International Ethical Laboratories, Inc. (Mercado-Ramos, Ivy) (Entered: 04/18/2006)

April 18, 2006
29

ORDER: Defendant's 26 Motion for Leave to Appear is NOTED and MOOT (see, Order of 4/12/06 at Dkt. 24). Signed by Judge Hector M Laffitte on 4/19/06. (gr) (Entered: 04/19/2006)

April 19, 2006
30

ORDER: Defendant's 28 INFORMATIVE motion is NOTED. Signed by Judge Hector M Laffitte on 4/19/06. (gr) (Entered: 04/19/2006)

April 19, 2006
31

ORDER re defendant's 25MOTION Requesting Enlargement of Discovery Deadline, and plaintiffs' 27 Response: The discovery deadline is enlarged until May 18, 2006. documents to the plaintiff on or before April 28, 2006. The parties shall abide by these dates as no further extensions shall be allowed. Signed by Judge Hector M Laffitte on 4/19/06. (gr) (Entered: 04/19/2006)

April 19, 2006
32

MOTION for extension of time until June 18, 2006 to File Dispositive Motions filed byDiana L. Embrey on behalf of Benito A. Colon-Ortiz Suggestions in opposition/response due by 5/25/2006 (Attachments: # 1 Text of Proposed Order)(Embrey, Diana) (Entered: 05/12/2006)

May 12, 2006
33

ORDER granting 32 Motion for extension of time until June 19, 2006 to file dipositive motions. The Court notes that it entered an [31] Order extending the discovery period until May 18, 2006. All other dates and deadlines contained in the 5 Amended Scheduling Order remain in full force and effect. Signed by Judge Hector M Laffitte on 5/16/06. (gr) (Entered: 05/16/2006)

May 16, 2006
34

MOTION to Compel the Production of Documents and Information, and Extend the Schedule for Motions, Pre-Trial Conference Reports and Trial filed byDiana L. Embrey on behalf of Benito A. Colon-Ortiz Suggestions in opposition/response due by 6/28/2006 (Attachments: # 1 Index of Exhibits# 2 Exhibits 1 through 8# 3 Exhibits 9 through 12# 4 Text of Proposed Order)(Embrey, Diana) (Entered: 06/15/2006)

June 15, 2006
35

ORDER re plaintiff's 34 Motion to Compel: Defendant is to respond by July 5, 2006. The Pretrial is vacated and, in lieu thereof, a status conference shall be held at which the Court shall rule on all pending discovery motions. Signed by Judge Hector M Laffitte on 6/29/06. (gr) (Entered: 06/29/2006)

June 29, 2006
36

MOTION for Leave to Appear by Telephone at July 6, 2006 Status Conference filed byDiana L. Embrey on behalf of Benito A. Colon-Ortiz Suggestions in opposition/response due by 7/12/2006 (Attachments: # 1 Text of Proposed Order)(Embrey, Diana) (Entered: 06/29/2006)

June 29, 2006
37

ORDER granting 36 Motion for Leave to Appear. Plaintiff's counsel is granted leave to appear by telephone for the status conference scheduled for July 6, 2006 at 2:00 p.m. Signed by Judge Hector M Laffitte on 6/30/2006. (jbg, ) (Entered: 06/30/2006)

June 30, 2006
38

MOTION for extension of time until July 20, 2006 to Respond to Plaintiff's Motion to Compel filed byIvy Mercado-Ramos on behalf of International Ethical Laboratories, Inc. Suggestions in opposition/response due by 7/18/2006 (Mercado-Ramos, Ivy) (Entered: 07/05/2006)

July 5, 2006
39

Minute Entry for proceedings held before Judge Hector M Laffitte: Status TeleConference held on 7/6/2006. The parties inform that they have agreed to a settlement and are in the final process of drafting agreement papers. Ms. Embrey will work on the language of the agreement and will request approval from appropriate agency authority; she will submit same to defendant's counsel no later than Tuesday, July 11, 2006, at which time the parties will apprise the Court of the results of their negotiations in this regard. In the meantime, the jury trial remains scheduled to begin on July 26, 2006. (gr) (Entered: 07/06/2006)

July 6, 2006
40

ORDER: This case is scheduled for trial to commence on July 26, 2006. The parties shall apprise the Court as to whether they have reached a viable settlement no later than Friday, July 14, 2006 . Signed by Judge Hector M Laffitte on 7/12/06. (gr) (Entered: 07/12/2006)

July 12, 2006
41

ORDER: The parties have informed the Court by telephone that they reached an agreement. The parties further informed that they will be filing a Motion for Entry of Judgment together with a duly executed Settlement Agreeement no later than Thursday, July 20, 2006 . Accordingly, the jury trial scheduled for July 26, 2006, is hereby VACATED. Signed by Judge Hector M Laffitte on 7/14/06. (gr) (Entered: 07/14/2006)

July 14, 2006
42

Joint MOTION to Approve Consent Judgment (Settlement Agreement) filed byDiana L. Embrey on behalf of Benito A. Colon-Ortiz, International Ethical Laboratories, Inc. (Attachments: # 1 Settlement Agreement)(Embrey, Diana) (Entered: 07/20/2006)

July 20, 2006
43

ENDORSED ORDER re 42 Joint MOTION for Approval and Entry of Settlement Agreement : Granted. The Settlement Agreement has been approved on this same date. Signed by Judge Hector M Laffitte on 7/24/06. (gr) (Entered: 07/24/2006)

July 24, 2006
44

SETTLEMENT AGREEMENT by Benito A. Colon-Ortiz, International Ethical Laboratories, Inc. (np, ) (Entered: 07/26/2006)

July 26, 2006

State / Territory: Puerto Rico

Case Type(s):

Equal Employment

Key Dates

Filing Date: March 9, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual whose reemployment was denied from original work place due to one's military duties

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

International Ethical Laboratories, Inc, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2007

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Military status discrimination

Affected Gender:

Male