Date Filed
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#
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Docket Text
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| July 23, 2007 |
1
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COMPLAINT (verified) against CEMEX Puerto Rico, Inc., Canopy Ecoterra Corp, XYZ Insurance Company (Filing fee $ 350.), filed by American Waste Management and Recycling, LLC..
(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# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15)(Esteves, Ada) . (Entered: July 24, 2007)
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| July 24, 2007 |
2
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MOTION for Leave to File Spanish language documents and for extension of time in which to file translations filed byAda Sofia Esteves on behalf of American Waste Management and
Recycling, LLC. (Esteves, Ada) (Entered: July 24, 2007)
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| July 27, 2007 |
3
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ORDER granting 2 Motion for Leave to File Spanish language documents and
for extension of time to file translations. Compliance Deadline due by 8/24/2007 . Signed by Judge Jose A Fuste on 7/27/07. (mrj, ) (Entered:
07/27/2007)
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| August 2, 2007 |
4
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MOTION for Temporary Restraining Order filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 1- Statement of Abul Shah)(Esteves, Ada) (Entered: August 2, 2007)
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| August 2, 2007 |
5
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MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: #
1 Exhibit 1- Insurance certificates# 2 Exhibit 2- email regarding trucking costs)(Esteves, Ada) (Entered: August 2, 2007)
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| August 8, 2007 |
6
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MOTION for Hearing on TRO filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Esteves, Ada) (Entered: August 8, 2007)
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| August 8, 2007 |
7
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ORDER: A hearing to elucidate the specific allegations contained in the Motion for Temporary Restraining Order shall be held on August 10, 2007, at 2:00 P.M. Show Cause Hearing set for 8/10/2007 02:00 PM in JAF's Courtroom before Chief Judge Jose A Fuste. Motions terminated: 6 MOTION for Hearing on TRO filed by American Waste Management and Recycling, LLC .
Signed by Judge Jose A Fuste on 8/8/07. (mrj, ) (Entered: August 8, 2007)
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| August 10, 2007 |
8
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Minute Entry for proceedings held before Chief Judge Jose A. Fuste : Hearing on Request for Preliminary Injunction held on 8/10/2007. Attorneys Ada Sofia Esteves, Jeffrey Williams, David
Indiano, Jaime Toro, Juan Tomassini, Antonio Valiente and Rfael Martinez were present. Parties state their positions. After hearing statements by counsel, the Court instructs the parties to
meet and place controversy in perspective. Parties are to meet and prepare a report by Monday, August 13, 2007 as to the containers and cargo and thereafter matter will stand submitted.
Notice of Compliance Deadline due by 8/13/2007. (Court Reporter FTR.) (ja, ) Modified on 8/14/2007 correcting judge (np, ). (Entered: August 13, 2007)
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| August 13, 2007 |
9
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Motion In Compliance with Court Order filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Esteves, Ada) (Entered: August 13, 2007)
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| August 13, 2007 |
10
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Motion In Compliance Report Submittal by Canopy Ecoterra Corp. (Dkt. 7) filed byAntonio E. Valiente on behalf of Canopy Ecoterra Corp (Valiente, Antonio) (Entered: August 13, 2007)
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| August 13, 2007 |
11
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INFORMATIVE Motion filed byJaime E. Toro-Monserrate on behalf of CEMEX Puerto Rico, Inc. (Toro-Monserrate, Jaime) (Entered: August 13, 2007)
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| August 13, 2007 |
12
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***FILED IN ERROR*** Minutes: After the Order to Show Hearing held on this case on August 10, 2007, the Court ordered James Rohan to prepare the trancript of the hearing. (ja, ) Modified on
8/13/2007 (np, ). (Entered: August 13, 2007)
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| August 13, 2007 |
13
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NOTICE of Appearance by Joanne A. Tomasini-Muniz on behalf of CEMEX Puerto Rico, Inc. (Tomasini-Muniz, Joanne) (Entered: August 13, 2007)
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| August 17, 2007 |
14
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MOTION requesting Order filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 1- Statement of Abul Shah)(Esteves, Ada) (Entered: August 17, 2007)
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| August 22, 2007 |
15
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OBJECTION Motion Requesting Order (Dkt. 14) filed by Canopy Ecoterra Corp Re: 14 MOTION requesting Order filed by American Waste Management and Recycling, LLC.,
(Valiente, Antonio) (Entered: August 22, 2007)
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| August 22, 2007 |
16
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MOTION Submitting certified translations filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 2- translation# 2 Exhibit 4- translation# 3 Exhibit 9- translation# 4 Exhibit 11- translation# 5 Exhibit 13- translation# 6 Exhibit 14- translation)(Esteves, Ada) (Entered: August 22, 2007)
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| August 23, 2007 |
17
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MOTION to Dismiss/Lack of Jurisdiction as to American Waste Management and Recycling, LLC. filed byAntonio E. Valiente on behalf of Canopy Ecoterra Corp Suggestions in opposition/response
due by 9/5/2007 (Attachments: # 1 Exhibit Exhibit I - Negative Certificate
of Department of State)(Valiente, Antonio) (Entered: August 23, 2007)
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| August 28, 2007 |
18
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MOTION for Extension of Time to File Answer to Complaint filed byJoanne A. Tomasini-Muniz on behalf of CEMEX Puerto Rico, Inc. Suggestions in opposition/response due by 9/10/2007
(Tomasini-Muniz, Joanne) (Entered: August 28, 2007)
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| August 28, 2007 |
19
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RESPONSE in Opposition to Motion requesting Order filed by CEMEX Puerto Rico, Inc. Re: 14 MOTION requesting Order filed by American Waste Management and Recycling, LLC.,
(Attachments: # 1 Exhibit 1 Contract and Scope of Work# 2 Exhibit 2 Cement Plant layout)(Tomasini-Muniz, Joanne) (Entered: August 28, 2007)
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| August 29, 2007 |
20
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MOTION for Leave to File Document Reply to CEMEX's Opposition to Motion Requesting Order filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC.
Suggestions in opposition/response due by 9/11/2007 (Esteves, Ada) (Entered: August 29, 2007)
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| August 29, 2007 |
21
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RESPONSE in Opposition to Motion Requesting Extension of Time to Answer filed by American Waste Management and Recycling, LLC. Re: 18 MOTION for Extension of Time to File Answer to Complaint filed by CEMEX
Puerto Rico, Inc., (Esteves, Ada) (Entered: August 29, 2007)
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| September 6, 2007 |
22
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INFORMATIVE Motion regarding Motion to Dismiss Docket 17 filed byAntonio E. Valiente on behalf of Canopy Ecoterra Corp (Valiente, Antonio) (Entered: September 6, 2007)
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| September 6, 2007 |
23
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RESPONSE in Opposition to Motion Requetsing Motion to Dismiss be Deemed Unopposed filed by American Waste Management and Recycling, LLC. Re: 22 INFORMATIVE Motion regarding Motion to Dismiss Docket 17 filed by Canopy
Ecoterra Corp, (Esteves, Ada) (Entered: September 6, 2007)
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| September 11, 2007 |
24
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ORDER noted 9, 10 Motions In Compliance, and noted 11 INFORMATIVE motion . Signed by Judge Jose A Fuste on 8/31/07. (mrj, ) (Entered:
09/11/2007)
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| September 11, 2007 |
25
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ORDER granting 14 Motion requesting Order . Signed by Judge Jose A Fuste
on 8/31/07. (mrj, ) (Entered: September 11, 2007)
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| September 12, 2007 |
26
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RESPONSE in Opposition to Motion to Dismiss filed by American Waste Management and Recycling, LLC. Re: 17 MOTION to Dismiss/Lack of Jurisdiction as to American Waste Management and
Recycling, LLC. filed by Canopy Ecoterra Corp, (Attachments: # 1 Exhibit
1- Certificate of Authorization to do Business# 2 Exhibit 2- Hacienda
Registration)(Esteves, Ada) (Entered: September 12, 2007)
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| September 12, 2007 |
27
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MOTION for Leave to File Spanish language documents and for extension of time in which to file them filed byAda Sofia Esteves on behalf of American Waste Management and Recycling,
LLC. (Esteves, Ada) (Entered: September 12, 2007)
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| September 13, 2007 |
28
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MOTION Requesting Preservation Order and Inspection at CEMEX site Pursuant to Docket No. 25 filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC.
(Attachments: # 1 Exhibit Draft Order)(Esteves, Ada) (Entered: September 13, 2007)
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| September 13, 2007 |
29
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MOTION for Leave to File Document Brief Reply filed byAntonio E. Valiente on behalf of Canopy Ecoterra Corp. Suggestions in opposition/response due by 9/26/2007 (Attachments: #
1)(Valiente, Antonio) Modified on 9/14/2007 correcting filer (np, ).
(Entered: September 13, 2007)
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| September 13, 2007 |
30
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MOTION to Clarify Order [25] and in Opposition to AWMR's Request 28
filed byJoanne A. Tomasini-Muniz on behalf of CEMEX Puerto Rico, Inc. (Tomasini-Muniz, Joanne) (Entered: September 13, 2007)
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| September 13, 2007 |
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***SEE IMAGE ON 30*** RESPONSE in Opposition to Motion filed by American
Waste Management and Recycling, LLC. Re: 28 MOTION Requesting Preservation
Order and Inspection at CEMEX site Pursuant to Docket No. 25 filed by American Waste Management and Recycling, LLC., (np, ) (Entered: September 17, 2007)
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| September 17, 2007 |
31
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ORDER noted and denied 22 INFORMATIVE motion . Signed by Judge Jose A
Fuste on 9/17/07. (mrj, ) (Entered: September 17, 2007)
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| September 21, 2007 |
32
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ORDER noted and moot 20 Motion for Leave to File Reply . Signed by Judge
Jose A Fuste on 9/21/07. (mrj, ) (Entered: September 21, 2007)
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| September 24, 2007 |
33
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ORDER granting 18 Motion for Extension of Time to Answer. Answer deadline due by 9/28/2007 . Signed by Judge Jose A Fuste on 9/24/07. (mrj, ) (Entered: September 24, 2007)
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| September 24, 2007 |
34
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ORDER noted 16 Motion submitting . Signed by Judge Jose A Fuste on
9/24/07. (mrj, ) (Entered: September 24, 2007)
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| September 24, 2007 |
35
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ORDER granting 27 Motion for Leave to File Spanish language
documents.Filing of Translations Deadline due by 10/12/2007 . Signed by Judge Jose A Fuste on 9/24/07. (mrj, ) (Entered: September 24, 2007)
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| September 24, 2007 |
36
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ORDER granting 28 Motion for Miscellaneous Relief, noted 30 Motion to clarify . Signed by Judge Jose A Fuste on 9/24/07. (mrj, ) (Entered:
09/24/2007)
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| September 24, 2007 |
37
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PRESERVATION AND INSPECTION ORDER . Signed by Judge Jose A Fuste on 9/24/07. (mrj, ) (Entered: September 24, 2007)
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| September 24, 2007 |
38
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ORDER granting 29 Motion for Leave to File Reply. Movant shall
electronically file the tendered document FORTHWITH . Signed by Judge Jose A Fuste on 9/24/07. (mrj, ) (Entered: September 24, 2007)
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| September 24, 2007 |
39
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REPLY to Response to Motion to Dismiss and Memorandum of Law filed by Canopy Ecoterra Corp Re: 17 MOTION to Dismiss/Lack of Jurisdiction as to American Waste Management and
Recycling, LLC. filed by Canopy Ecoterra Corp, (Valiente, Antonio) (Entered: September 24, 2007)
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| September 24, 2007 |
40
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MOTION for Leave to Appear filed byDavid C. Indiano-Vicic on behalf of all plaintiffs Suggestions in opposition/response due by 10/9/2007 (Indiano-Vicic, David) (Entered: September 24, 2007)
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| September 25, 2007 |
41
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MOTION for Leave to File Document Sur-Reply filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. Suggestions in opposition/response due by 10/9/2007
(Attachments: # 1 tendered sur-reply# 2 Exhibit 1- to Sur-reply- State Department certificate)(Esteves, Ada) (Entered:
09/25/2007)
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| September 27, 2007 |
42
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Second MOTION for Extension of Time to File Answer to Verified Complaint filed byJoanne A. Tomasini-Muniz on behalf of CEMEX Puerto Rico, Inc. Suggestions in opposition/response due
by 10/10/2007 (Tomasini-Muniz, Joanne) (Entered: September 27, 2007)
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| September 28, 2007 |
43
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MOTION regarding violation of Court order and requesting sanctions filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 1- emails from AMECO denying permission to retrieve equipment# 2 Exhibit 2- Letter from AMECO confirming inability to retrieve equipment#
3 Exhibit 3- Marine Asset Management letter)(Esteves, Ada) (Entered:
09/28/2007)
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| September 28, 2007 |
44
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MOTION for Leave to File Spanish language documents and for extension of time in which to file them filed byAda Sofia Esteves on behalf of American Waste Management and Recycling,
LLC. (Esteves, Ada) (Entered: September 28, 2007)
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| October 2, 2007 |
45
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ORDER granting in part 42 Motion for Extension of Time to Answer.
Answer deadline due by 10/5/2007 . Signed by Judge Jose A Fuste on 10/2/07. (mrj, ) (Entered: October 2, 2007)
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| October 2, 2007 |
46
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ORDER granting 43 Motion regarding violation of Court order and req
sanctions. Severe sanctions will be imposed for non-compliance with this order . Signed by Judge Jose A Fuste on 10/2/07. (mrj, ) (Entered: October 2, 2007)
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| October 2, 2007 |
47
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ORDER granting 44 Motion for Leave to File Spanish language documents .
Signed by Judge Jose A Fuste on 10/2/07. (mrj, ) (Entered: October 2, 2007)
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| October 2, 2007 |
48
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Emergency MOTION regarding court order and requesting sanctions and other relief filed byJeffrey M. Williams-English on behalf of American Waste Management and Recycling, LLC. (Attachments:
# 1 Exhibit 1- Statement of Jose Quinones# 2 Exhibit 2- statement from Cemex security# 3 Exhibit 3- Statement of Arthur Mitchell# 4 Exhibit 4- site map)(Williams-English, Jeffrey) (Entered: October 2, 2007)
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| October 2, 2007 |
49
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MOTION for Leave to File Spanish language documents and for extension of time in which to file them filed byAda Sofia Esteves on behalf of American Waste Management and Recycling,
LLC. (Esteves, Ada) (Entered: October 2, 2007)
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| October 2, 2007 |
50
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ORDER granting 41 Motion for Leave to File Sur-reply. Movant shall
electronically file the tendered document forthwith . Signed by Judge Jose A Fuste on 10/2/07. (mrj, ) (Entered: October 2, 2007)
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| October 2, 2007 |
51
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]SURREPLY to Reply to Opposition to 17 Ecoterra's Motion to
Dismiss/Lack of Jurisdiction filed by American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 1- State Department Authorization)(Esteves, Ada) Modified on 10/3/2007
creating link (np, ). (Entered: October 2, 2007)
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| October 2, 2007 |
52
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RESPONSE in Opposition to Motion Regarding Urgent Court Order and Requesting Sanctions and Other Relief filed by Canopy Ecoterra Corp Re: 48 Emergency MOTION regarding court order and requesting sanctions and other
relief filed by American Waste Management and Recycling, LLC., (Valiente, Antonio) (Entered: October 2, 2007)
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| October 2, 2007 |
53
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RESPONSE in Opposition to Motion regarding violation filed by CEMEX Puerto Rico, Inc. Re: 43 MOTION regarding violation of Court order and requesting sanctions filed by
American Waste Management and Recycling, LLC., (Tomasini-Muniz, Joanne) (Entered: October 2, 2007)
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| October 2, 2007 |
54
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MOTION for Reconsideration re [46] Order on Motion for Miscellaneous Relief filed byJaime E. Toro-Monserrate on behalf of CEMEX Puerto Rico, Inc. Suggestions in opposition/response due by
10/15/2007 (Attachments: # 1 Exhibit 1 draft joint motion)(Related
document(s)[46]) (Toro-Monserrate, Jaime) (Entered: October 2, 2007)
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| October 2, 2007 |
55
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MOTION for Urgent Status Conference filed byJaime E. Toro-Monserrate on behalf of CEMEX Puerto Rico, Inc. (Attachments: # 1)(Toro-Monserrate, Jaime) (Entered: October 2, 2007)
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| October 3, 2007 |
56
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Emergency INFORMATIVE Motion regarding Joining Urgent Motion for Status Conference filed byAntonio E. Valiente on behalf of Canopy Ecoterra Corp (Valiente, Antonio) (Entered: October 3, 2007)
|
| October 3, 2007 |
57
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ORDER granting 40 Motion for Leave to Appear . Signed by Judge Jose A
Fuste on 10/3/07. (mrj, ) (Entered: October 3, 2007)
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| October 3, 2007 |
58
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ORDER noted and granted 55 Motion for Miscellaneous Relief, noted and
granted 56 INFORMATIVE motion. Status
Conference set for 10/5/2007 03:00 PM in Courtroom 7 before Chief Judge Jose A Fuste . Signed by Judge Jose A Fuste on 10/3/07. (mrj, ) (Entered: October 3, 2007)
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| October 3, 2007 |
59
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MOTION for Reconsideration OF STAY AND OPPOSITIONS TO CEMEX'S MOTION FOR RECONSIDERATION AND URGENT MOTION FOR STATUS CONFERENCE AND FOR BRIEF STAY AND ECOTERRA'S MOTION JOINING
CEMEX re [58] Order on Motion for Miscellaneous Relief, Order on Informative Motion,, filed byJeffrey M. Williams-English on behalf of all plaintiffs Suggestions in opposition/response
due by 10/16/2007 (Attachments: # 1 Exhibit E-mail dated October 1,
2007)(Related document(s)[58]) (Williams-English, Jeffrey) (Entered: October 3, 2007)
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| October 5, 2007 |
60
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ORDER finding as moot48 Motion for Miscellaneous Relief, granting 49 Motion for Leave to File Spanish language documents, finding as moot 54 Motion for Reconsideration, finding as moot 59 Motion for Reconsideration, finding as moot 4 Motion for TRO. The court further orders as follows: (1) All the machinery
equipment to be removed from CEMEX' premises in Ponce shall be taken away during the period October 10-12, 2007. American Waste is entrusted with the obligation of making certain that
equipment is removed by persons or entities legally authorized to do so. The equipment has been described in previous motions filed with the court. In any event, a list of the equipment
will be prepared by American Waste and filed with the court by 4pm on October 8, 2007; (2) Regarding the eight containers in controversy, some of which are loaded with scrap metal, these
will be removed from CEMEX not later than October 13, 2007. The containers will be removed and discharged at Eco Terras' expense. The contents will be deposited in an agreed site where the
scrap metal will remain until further order of the court. Costs incurred by the use of this site and for the deposit of the scrap metal will be shared equally between Eco Terra and American
Waste until the court decides which party or in which particular shares, certain parties are entitled to the scrap metal or its proceeds. If any container needs to be rented to store the
scrap metal at the deposit location, the cost will also be shared between these two parties; (3) Any other office trailer, chassis, generator, container, or equipment belonging to or under
the control of American Waste, will also be removed from the CEMEX premises before October 13, 2007, at American Waste's expense; (4) There appears to be scrap waste taken away from the
CEMEX facilities stored in the open in piles near the warehouse location. Eco Terra will inventory, weigh, and remove this loose scrap metal and will transport it at its own expense to the
same storage facility contemplated above under the same terms and conditions previously discussed. This arrangement will also apply to motors dismantled by American Waste and originally
left by the motor pool site; (5) All parties have the right to be present and monitor the removal operations contemplated above. Any party representative may visit the CEMEX site on Monday
October 8, 2007, to confirm the existence or non-existence of additional equipment and/or scrap metal. Photographs and videos can be taken. CEMEX and all other parties will be notified; (6)
The court approves the discovery schedule contemplated in the attachment to Docket Entry 54. Discovery must be completed by January 10, 2008. No change to the discovery schedule will take
place unless agreed to by all parties. The pre-trial conference shall be held on January 16, 2008 at 2pm. Trial shall be held on January 21, 2008 at 9am. . Signed by Judge Jose A Fuste on
10/5/07. (Fuste, Jose) (Entered: October 5, 2007)
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| October 5, 2007 |
61
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ANSWER to Complaint by CEMEX, CROSSCLAIM against Canopy Ecoterra Corp, COUNTERCLAIM against American Waste Management and Recycling, LLC. filed by Joanne A. Tomasini-Muniz on behalf
of Defendants CEMEX Puerto Rico, Inc. Tomasini-Muniz, Joanne) Modified on 10/9/2007 to correct filer. (ft). (Entered: October 5, 2007)
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| October 8, 2007 |
62
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Motion In Compliance with Court Order at Docket No. 60 filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Esteves, Ada) (Entered: October 8, 2007)
|
| October 9, 2007 |
63
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First MOTION for Non Resident Bond Upon Plaintiff AWMR filed byAntonio E. Valiente on behalf of Canopy Ecoterra CorpSuggestions in opposition/response due by 10/22/2007 (Entered:
10/09/2007)
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| October 15, 2007 |
64
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Motion In Compliance with Court Order filed byAda Sofia Esteves on behalf of American Waste Management and Recycling, LLC. (Attachments: # 1 Exhibit 1- e-mail to counsel Valiente Oct 12,07)(Esteves, Ada) (Entered:
10/15/2007)
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