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12-1600 - Vazquez-Robles v. Commoloco, Inc.


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12-1600 - Vazquez-Robles v. Commoloco, Inc.
March 25, 2013
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OPINION AND ORDER re 49 Motion to Set Aside Judgment; and re 50 Motion to Stay. Because plaintiff Vazquez has met her burden of proving that service of process was sufficient, the Court DENIES defendant CommoLoCo's motion to set aside the judgment as null and void for lack of personal jurisdiction, (Docket No. 49), as well as defendant CommoLoCo's motion to stay the execution of judgment, (Docket No. 50). It directs the United States Marshal to deliver to plaintiff Vazquez the funds and property seized pursuant to the writ of execution forthwith. Signed by Judge Francisco A. Besosa on 03/25/2013. (brc)
May 13, 2016
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OPINION AND ORDER re 184 Motion for Summary Judgment: GRANTED IN PART and DENIED IN PART. Summary judgment is GRANTED in favor of CommoLoCo as to plaintiff Vazquez's hostile work environment, discriminatory termination, retaliation and termination without just cause claims. These claims are DISMISSED WITH PREJUDICE. Summary judgment is DENIED as to plaintiff Vazquez's failure to accommodate claim. The Court will hold a pre-trial evidentiary hearing to determine whether Vazquez suffered from a severe mental disability such that the Court should equitably toll the statute of limitations and find Vazquez's failure to accommodate claim timely. Pretrial evidentiary hearing will be held on August 19, 2016 commencing at 9:00 a.m. in Courtroom 2 before Judge Francisco A. Besosa. Signed by Judge Francisco A. Besosa on 05/13/2016. (brc)
September 12, 2016
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MEMORANDUM AND ORDER re 184 Motion for Summary Judgment and Memorandum of Law in Support Thereof. Vazquez's failure to accommodate claim brought pursuant to the ADA is time-barred. The Court GRANTS summary judgment in favor of defendant CommoLoCo as to this claim, and the claim is DISMISSED WITH PREJUDICE. Vazquez's sole claim surviving summary judgment is her failure to accommodate claim brought pursuant to Law 44. Defendant may file a motion for summary judgment on the issues whether plaintiff's Law 44 claim is time-barred based on Law 44's one-year statute of limitations or otherwise time-barred based on an administrative exhaustion requirement no later than September 30, 2016. Plaintiff may oppose no later than October 17, 2016 and defendant may reply no later than October 24, 2016. Signed by Judge Francisco A. Besosa on 09/12/2016. (brc)
May 15, 2017
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MEMORANDUM AND ORDER re 251 motion for summary judgment. The Court GRANTS summary judgment in favor of the defendant. Vazquez's Law 44 claim is DISMISSED with prejudice, leaving no remaining claims. Final Judgment shall be entered dismissing this case in its entirety. Signed by Judge Francisco A. Besosa on 05/15/2017. (brc)