Case: Betancourt-Colon v. City of San Juan

COMPLAINT against City of San Juan ( Filing fee $400 receipt number 0104-6576785.), filed by Virgen Negron-Villegas, Faustino Xavier Betancourt-Colon. Service due by 12/5/2019, (Attachments: # 1 Category Sheet, # 2 Civil Cover Sheet, # 3 Summons)(Velez-Colon, Jose) (Entered: 09/06/2019)

1 Category Sheet

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2 Civil Cover Sheet

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3 Summons

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NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Gustavo A. Gelpi (arg) (Entered: 09/09/2019)

Notice of Judge Assignment

Summons Issued as to City of San Juan (Attachments: # 1 Summons) (arg) (Entered: 09/09/2019)

1 Summons

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STANDING ORDERS: (1) DISCOVERY DISPUTES, (2) COURTESY COPIES, (3) DEPOSITIONS IN CIVIL CASES, (4) CONSENT TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE, (5) COMMUNICATIONS BY COUNSEL OR THEIR STAFF WITH JUDGE GELPI'S CHAMBERS' STAFF, (6) CODE OF CIVILITY. (gmm) (Entered: 09/09/2019)

SUMMONS Returned Executed by All Plaintiffs upon City of San Juan served on 9/11/2019, answer due 10/2/2019. (Velez-Colon, Jose) (Entered: 09/12/2019)

NOTICE of Appearance by Raul S. Mariani-Franco on behalf of City of San Juan (Mariani-Franco, Raul) (Entered: 09/30/2019)

Order on Motion for Extension of Time to Answer

MOTION for Extension of Time to File Answer the Complaint or Otherwise Plead filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 10/15/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 09/30/2019)

RESPONSE in Opposition to Motion filed by All Plaintiffs Re: 7 MOTION for Extension of Time to File Answer the Complaint or Otherwise Plead filed by City of San Juan filed by All Plaintiffs. (Velez-Colon, Jose) (Entered: 09/30/2019)

ORDER: Granting as requested 7 Motion for Extension of Time to Answer. Signed by Judge Gustavo A. Gelpi on 9/30/2019. (AGF) (Entered: 09/30/2019)

MOTION to Dismiss/Lack of Jurisdiction and under Rule 12(b)(6) as to Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 12/2/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 11/14/2019)

AMENDED COMPLAINT (as a matter of course under Fed. R. Civ. P. 15) against City of San Juan, filed by Virgen Negron-Villegas, Faustino Xavier Betancourt-Colon, A.V.R., William Rodriguez-Burgos.(Velez-Colon, Jose) (Entered: 12/05/2019)

MOTION for extension of time until December 27, 2019 to File Responsive Pleading, MOTION for Extension of Time until December 27, 2019 to File Answer filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 1/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 12/19/2019)

Order on Motion for Extension of Time to Answer

Order on Motion for Extension of Time

ORDER: Granting as requested 12 Motion for extension of time; Granting as requested 12 Motion for Extension of Time to Answer. Signed by Judge Gustavo A. Gelpi on 12/19/2019. (AGF) (Entered: 12/19/2019)

MOTION to Dismiss for Failure to State a Claim Amended Complaint, MOTION to Dismiss/Lack of Jurisdiction Amended Complaint as to A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 1/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 12/27/2019)

RESPONSE in Opposition to Motion filed by All Plaintiffs Re: 14 MOTION to Dismiss for Failure to State a Claim Amended ComplaintMOTION to Dismiss/Lack of Jurisdiction Amended Complaint as to A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos filed by City of San Juan filed by All Plaintiffs. (Velez-Colon, Jose) (Entered: 01/13/2020)

NOTICE of Appearance by Teichka M. Rodriguez-Munoz on behalf of City of San Juan (Rodriguez-Munoz, Teichka) (Entered: 01/30/2020)

OPINION AND ORDER: Denying 14 Motion to Dismiss for Failure to State a Claim; Denying 14 Motion to Dismiss for Lack of Jurisdiction. The Court notes that whether sidewalks are indeed considered services under Title II of the ADA requires further briefing. Both parties have until October 30, 2020 to provide the Court with further simultaneous memoranda regarding this issue. Signed by Judge Gustavo A. Gelpi on 9/1/2020. (AGF) Modified on 9/2/2020 to edit title (gmm). (Entered: 09/01/2020)

ORDER: Finding as moot 10 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gustavo A. Gelpi on 9/1/2020. (AGF) (Entered: 09/01/2020)

Order on Motion to Dismiss/Lack of Jurisdiction

Motion In Compliance with Order at Docket 17 and Memorandum of Law filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 11/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) Modified on 11/2/2020 to edit text (gmm). (Entered: 10/30/2020)

Motion In Compliance as to 17 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs Responses due by 11/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 17 ) (Velez-Colon, Jose) (Entered: 10/30/2020)

Amended Motion In Compliance with 17 Order re: 20 Motion filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs Responses due by 11/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) Modified on 11/2/2020 to edit text (gmm). (Entered: 10/31/2020)

NOTICE of filing of Satement of Interest by the United States by United States of America (Attachments: # 1 Attachment) (Bhatia-Gautier, Lisa) (Entered: 11/09/2020)

1 Attachment

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ORDER: Noted 22 Notice of filing of Statement of Interest by the United States by United States of America; Noted 21 Amended Motion In Compliance with 17 Order re: 20 Motion; Noted 20 Motion In Compliance as to 17 Order on Motion to Dismiss for Failure to State a Claim; Noted 19 Motion In Compliance with Order at Docket 17 and Memorandum of Law. Signed by Judge Gustavo A. Gelpi on 11/12/2020. (CRH) (Entered: 11/12/2020)

ORDER: After reviewing the parties' submissions and applicable law, notably the Statement of Interest submitted by the United States, the Court rules that a public entity's provision and maintenance of sidewalks is a covered "service, program, or activity" under Title II of the ADA, 42 U.S.C. § 12132. The Court is persuaded by the reasoning in Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011) and Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), which thoroughly explain why this ruling is supported by the statute's plain language and its implementing regulations. See also 28 C.F.R. §§ 35.104; 35.150(d)(2); 28 C.F.R. Part 35, App. B at § 35.150. Finally, the Court highlights that recent district court decisions have also found that sidewalks are covered services under Title II of the ADA. See American Council of the Blind of the City of New York v. City of New York, Civil No. 18-5792 (PAE), 2020 WL 6151251 (S.D.N.Y. 2020); Hamer v. City of Trinidad, 441 F. Supp. 3d 1155 (D. Colo. 2020); Mote v. City of Chelsea, 252 F. Supp. 3d 642 (E.D. Mich. 2017). The undersigning judge firmly decides that: "[a]ny sensible reading of ADA Title II compels the conclusion that maintaining public pedestrian thoroughfares for citizens to get around a city - and access the many public services and businesses located within - is the archetypal example of the most fundamental of public services." Mote, 252 F. Supp. 3d at 655. Accordingly, Defendant is hereby ordered to answer the Amended Complaint at Docket No. 11 by December 10, 2020. Signed by Judge Gustavo A. Gelpi on 11/12/2020. (CRH) (Entered: 11/12/2020)

Order

ORDER re: Stay of Proceedings. The Court hereby stays all proceedings in this case until January 15, 2021. Signed by Judge Gustavo A. Gelpi on 12/2/2020. (CRH) (Entered: 12/02/2020)

MOTION requesting Order filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs Responses due by 12/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) (Entered: 12/02/2020)

ORDER: Denying without prejudice at this time 26 Motion requesting Order. Signed by Judge Gustavo A. Gelpi on 12/3/2020. (CRH) (Entered: 12/03/2020)

Order on Motion requesting Order

MOTION requesting Order (court-ordered mediation) filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs Responses due by 2/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) (Entered: 02/12/2021)

ORDER: Granting 28 Motion requesting Order (court-ordered mediation). As per the order at Docket No. 25 this case is hereby REFERRED to Magistrate Judge Giselle Lopez-Soler for mediation. All other deadlines are STAYED. Signed by Judge Gustavo A. Gelpi on 2/12/2021. (CRH) (Entered: 02/12/2021)

Order on Motion requesting Order

MOTION requesting Order filed by Jose Carlos Velez-Colon on behalf of A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos Responses due by 4/23/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) (Entered: 04/09/2021)

ORDER: Mediation Session to be held on May 21, 2021 at 2:00 p.m. before VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. A representative of each party with binding authority to settle the matter should be present. The parties are ordered to submit their ex parte Confidential Mediation Statements by May 14, 2021 to the following email address: heidi_pantoja@prd.uscourts.gov. Parties are advised that, in compliance with Local Rule 83J(e)(2)(B), mediation statements are not briefs but rather an outline of key facts and legal issues, and should not exceed ten (10) double-spaced pages. As part of the mediation statements, the parties must include a summary of past settlement efforts, if any, and their expectations regarding settlement. Counsel for non-party, the United States of America, is ordered to attend the Mediation Session in order to discuss the Statement of Interest at Docket No. 22-1. Signed by US Magistrate Judge Giselle Lopez-Soler on 4/12/2021. (hgp) (Entered: 04/12/2021)

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NOTICE of Appearance by Adam F. Lewis on behalf of United States of America (Lewis, Adam) (Entered: 04/30/2021)

ORDER finding as moot 30 Motion requesting Order. See Docket No. 31. Signed by US Magistrate Judge Giselle Lopez-Soler on 5/10/2021. (NV) (Entered: 05/10/2021)

Order on Motion requesting Order

ORDER: On April 12, 2021, the Court entered an Order establishing that the parties had to submit their ex parte Confidential Mediation Statements by 5/14/2021 (Docket No. 31). Defendant has failed to comply with this deadline and is thus ordered to submit its Mediation Statement tomorrow by close of business. In the alternative, Defendant must submit a motion showing cause as to why sanctions should not be imposed for failure to comply with the Courts order. Signed by US Magistrate Judge Giselle Lopez-Soler on 5/17/2021.(NV) (Entered: 05/17/2021)

Order

NOTICE of Appearance by Lisa E. Bhatia-Gautier on behalf of United States of America (Bhatia-Gautier, Lisa) (Entered: 05/20/2021)

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: A Mediation Session was held on May 21, 2021. The parties expressed their expectations regarding mediation. The Court suggested, and Plaintiffs agreed to share their long-term plan with Defendant and the United States to help establish an initial framework in this mediation and a baseline for negotiations. During the hearing, Plaintiffs counsel sent the proposed long-term plan to Defendant and the United States via e-mail. The Court set action items and a schedule in furtherance of negotiations. Joint motion under seal informing as to the status of all matters addressed during the mediation due by June 18, 2021. Mediation Hearing set for June 24, 2021 at 10:00 AM in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) (Entered: 05/25/2021)

***Filed in Error- Wrong Entry See Dkt. #37*** Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: A Mediation Session was held on May 21, 2021. The parties expressed their expectations regarding mediation. The Court suggested, and Plaintiffs agreed to share their long-term plan with Defendant and the United States to help establish an initial framework in this mediation and a baseline for negotiations. During the hearing, Plaintiffs counsel sent the proposed long-term plan to Defendant and the United States via e-mail. The Court set action items and a schedule in furtherance of negotiations. Joint motion under seal informing as to the status of all matters addressed during the mediation due by June 18, 2021. Mediation Hearing set for June 24, 2021 at 10:00 AM in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) Modified on 6/22/2021 (mg). (Entered: 05/24/2021)

NOTICE of Docket Text Modification by Deputy Clerk re: 36 Minute, Set Hearings. ***Filed in Error- Wrong Entry See Dkt. #37*** (mg)

Notice of Docket Text Modification

**CASE PARTICIPANTS**STATUS REPORT by A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos. (Velez-Colon, Jose) (Entered: 06/24/2021)

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: A mediation session was held on June 24, 2021, by VTC before U.S. Magistrate Judge Giselle Lopez-Soler. The Court set the following schedule in furtherance of negotiations: The parties must file a Status Report to inform the Court as to the result of the meeting between Plaintiffs and Defendant by July 15, 2021. By July 26, 2021, Defendant must file an informative motion regarding the outcome of its efforts to engage a contractor specialized in ADA compliance and to retain an ADA Coordinator. By August 20, 2021, Plaintiffs and Defendant will file a joint motion under seal informing the status of all matters as to that date. A further mediation session is scheduled for August 23, 2021 at 10:00 a.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) Modified on 7/1/2021 to edit filing date (rom). (Entered: 06/30/2021)

Joint Motion In Compliance with Order filed by Raul S. Mariani-Franco on behalf of City of San Juan, Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, A.V.R. and William Rodriguez-Burgos. Responses due by 7/29/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) Modified on 7/16/2021 to add filers (mg). (Entered: 07/15/2021)

ORDER noted 40 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on July 16, 2021. (Lopez-Soler, Giselle) (Entered: 07/16/2021)

Order on Motion In Compliance

NOTICE of Withdrawal from Participation in Mediation by United States of America (Lewis, Adam) (Entered: 08/11/2021)

Motion In Compliance with Order filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 9/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 08/20/2021)

ORDER noted 43 Motion In Compliance filed by City of San Juan. Signed by US Magistrate Judge Giselle Lopez-Soler on August 23, 2021. (hgp) (Entered: 08/23/2021)

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: a Mediation Hearing was held on August 23, 2021 via VTC. By September 22, 2021, Defendant must file an informative motion as to the status of the self-assessment and the grievances procedure, and inform whether the corrective action plan adopted by the MSJ will be available to the public. Within the next twenty (20) days, Plaintiffs will send Defendant a settlement demand, and Defendant must respond on or before October 22, 2021. Further mediation session scheduled for November 5, 2021 at 10:00 a.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) (Entered: 08/23/2021)

Order on Motion In Compliance

Motion In Compliance with docket no. 45 filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 10/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) Modified on 9/23/2021 to edit docket text (mg). (Entered: 09/22/2021)

ORDER noted and granted 46 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 9/23/2021. (NV) (Entered: 09/23/2021)

Order on Motion In Compliance

ORDER. Due to a calendar conflict, Mediation Hearing is reset for 11/10/2021 at 3:30 PM in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. Signed by US Magistrate Judge Giselle Lopez-Soler on October 25, 2021. (hgp) (Entered: 10/25/2021)

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MEMORANDUM OF THE CLERK. This case having been previously assigned to Judge Gustavo A. Gelpi, recently appointed to the First Circuit Court of Appeals, it has been reassigned within the Case Assignment System to the docket of Judge Jay A. Garcia-Gregory. Signed by Clerk on 11/03/2021. (gr) (Entered: 11/03/2021)

Memorandum of the Clerk

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Mediation Session was held on November 10, 2021 by VTC. Further Mediation Session is scheduled for 12/14/2021 at 3:30 p.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) (Entered: 11/15/2021)

Emergency MOTION to Consolidate Cases filed by Ricardo Burgos-Vargas on behalf of City of San Juan Responses due by 12/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Notice of Removal, # 2 Exhibit A, Complaint Translation, # 3 Exhibit B, Attachement Complaint Translation)(Burgos-Vargas, Ricardo) (Entered: 11/19/2021)

Minute Entry for proceedings held before U.S. Magistrate Judge Giselle Lopez-Soler: Mediation session held on 12/14/2021. Further Mediation session scheduled for 3/3/2022 at 2:30 p.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (NV) (Entered: 12/15/2021)

RESPONSE in Opposition to Motion filed by A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos Re: 51 Emergency MOTION to Consolidate Cases filed by City of San Juan filed by A.V.R., Faustino Xavier Betancourt-Colon, Virgen Negron-Villegas, William Rodriguez-Burgos. (Velez-Colon, Jose) (Entered: 12/28/2021)

MOTION to Strike Gonzlez-Rivera's Motion Opposing the MSJ's Emergency Motion for Consolidation filed by Ricardo Burgos-Vargas on behalf of City of San Juan Responses due by 1/13/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Burgos-Vargas, Ricardo) Modified on 1/3/2022 to remove italics (gav). (Entered: 12/30/2021)

RESPONSE to Motion filed by Faustino Xavier Betancourt-Colon Re: 54 MOTION to Strike Gonzlez-Rivera's Motion Opposing the MSJ's Emergency Motion for Consolidation filed by City of San Juan filed by Faustino Xavier Betancourt-Colon. (Velez-Colon, Jose) (Entered: 01/04/2022)

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Mediation session held on 3/3/2022 by VTC. Further Mediation Session set for 5/12/2022 at 4:00 p.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. (hgp) .Modified on 3/28/2022 to replace with corrected minute as per GLS' Chambers(ecc). (Entered: 03/04/2022)

NOTICE OF IMPASSE by All Plaintiffs (Velez-Colon, Jose) (Entered: 03/22/2022)

ORDER re 57 Notice of Impasse. Defendant to submit its position within five (5) days. Signed by US Magistrate Judge Giselle Lopez-Soler on 3/22/2022. (NV) (Entered: 03/22/2022)

Order

Motion In Compliance as to 58 Order filed by Teichka M. Rodriguez-Munoz on behalf of City of San Juan Responses due by 4/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 58 ) (Rodriguez-Munoz, Teichka) (Entered: 03/24/2022)

ORDER noted 59 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 3/28/2022. (NV) (Entered: 03/28/2022)

ORDER re 57 Notice of Impasse. The parties must comply with all the deadlines established by the Court at Docket No. 56. Signed by US Magistrate Judge Giselle Lopez-Soler on 3/28/2022. (NV) (Entered: 03/28/2022)

Order on Motion In Compliance

Order

Joint INFORMATIVE Motion regarding in Compliance with Order and Requesting an Extension of Time to Comply with the Order at Docket No. 56 No. 56, MOTION to Continue the Mediation Session filed by Teichka M. Rodriguez-Munoz on behalf of City of San Juan Responses due by 5/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rodriguez-Munoz, Teichka) Modified on 5/6/2022 to remove all caps(gav). (Entered: 05/05/2022)

ORDER noted 62 INFORMATIVE Motion in Compliance with order; granting 62 Motion for extension of time. Informative Motion due by 5/27/2022. Mediation session rescheduled for 6/9/2022 at 4:00 p.m. in VTC Bridge GLS before US Magistrate Judge Giselle Lopez-Soler. Signed by US Magistrate Judge Giselle Lopez-Soler on 5/10/2022. (hgp) (Entered: 05/10/2022)

Order on Informative Motion

Joint MOTION to lift stay, Motion In Compliance filed by Jose Carlos Velez-Colon on behalf of All Plaintiffs and City of San Juan. Responses due by 6/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Velez-Colon, Jose) Modified on 5/31/2022 to add filer(gav). (Entered: 05/27/2022)

ORDER noted and denied 64 Motion In Compliance. Matters to be addressed at the hearing scheduled for tomorrow. Signed by US Magistrate Judge Giselle Lopez-Soler on 6/8/2022. (NV) (Entered: 06/08/2022)

NOTICE of Request to Participate in Hearing by United States of America (Lewis, Adam) Modified on 6/9/2022 to remove italics (gav). (Entered: 06/08/2022)

Order on Motion In Compliance

Minute Entry for proceedings held before US Magistrate Judge Giselle Lopez-Soler: Mediation Hearing held on 6/9/2022 by VTC. Further Mediation Hearing set for 7/13/2022 at 10:30 a.m. in person in GLS Chambers before US Magistrate Judge Giselle Lopez-Soler. (hgp) Modified on 7/1/2022 to edit hearing information(ecc). (Entered: 06/10/2022)

ORDER re 66 Notice (Other) filed by United States of America. The parties have not objected to the participation of the United States of America in the mediation in this case. The United States of America may continue to participate. Nonetheless, the parties and the United States of America are reminded that, pursuant to Local Rule 83J(g), all mediation proceedings are to remain confidential and may not be disclosed for any purpose unrelated to the ongoing mediation process. The Court expects strict compliance with this order and the Local Rules. Signed by US Magistrate Judge Giselle Lopez-Soler on June 10, 2022. (Lopez-Soler, Giselle) (Entered: 06/10/2022)

Order

ORDER denying 54 MOTION to Strike Gonzlez-Rivera's Motion Opposing the MSJ's Emergency Motion for Consolidation; and denying 51 Emergency MOTION to Consolidate Cases. In deciding whether to consolidate two cases, a Court must first determine "whether the two proceedings involve a common party and common issues of fact or law. Once this determination is made, the trial court has broad discretion in weighing the costs and benefits of consolidation to decide whether that procedure is appropriate. A motion for consolidation will usually be granted unless the party opposing it can show 'demonstrable prejudice.'" Seguro de Servicio de Salud de Puerto Rico v. McAuto Sys. Grp., Inc., 878 F.2d 5, 8 (1st Cir. 1989)). While the two cases involve the Municipality of San Juan and share claims pursuant to the Rehabilitation Act, 29 U.S.C. § 794 and the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12134, the Court finds Plaintiffs would suffer a demonstrable prejudice if the case were consolidated with Civil No. 21- 01537. Both cases involve different plaintiffs, different issues, and find themselves at different stages of litigation. While both sets of plaintiffs are "individuals with mobility-related disabilities", Docket No. 55 at 3, and both cases implicate the same laws, the maintenance of public sidewalks and the design, construction, and operating of a coliseum are wholly different issues. As such, consolidating both cases would be prejudicial to the plaintiffs in both cases. Signed by Judge Jay A. Garcia-Gregory on 6/17/2022. (ERC) (Entered: 06/17/2022)

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Order AND ~Util - Terminate Motions

Motion In Compliance with Order filed by Raul S. Mariani-Franco on behalf of City of San Juan Responses due by 7/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mariani-Franco, Raul) (Entered: 06/22/2022)

ORDER noted 70 Motion In Compliance. Signed by US Magistrate Judge Giselle Lopez-Soler on 6/22/2022. (NV) (Entered: 06/22/2022)

Order on Motion In Compliance

NOTICE of Appearance by Paula Rubin filed by Adam F. Lewis on behalf of United States of America (Lewis, Adam) Modified on 7/7/2022 to remove italics (gav). (Entered: 07/06/2022)

NOTICE of intent to move for continuance by All Plaintiffs re 67 Mediation Hearing,, Set Hearings, (Attachments: # 1 Exhibit I (Email Dated Jul 9, 2022)) (Velez-Colon, Jose) Modified on 7/11/2022 to remove italics (gav). (Entered: 07/09/2022)