IN THE UNITED STATES DISTRICT COURT Cl\\TC, .;', i \;~F.\}

." .

o FOR THE DISTRICT OF PUERTO RIco 5

." ~l n
t\';~j\~\ -':"1

f·\'. 11: \ h

: i·'

•

BENITO A. COLON ORTIZ, Plaintiff,
v.
INTERNATIONAL ETHICAL LABORATORIES, INC.,
Defendant.

&J 12~ Civil Action No. O"S -

7 l.....

Jury Trial Demanded

COMPLAINT Plaintiff, Benito A. Colon Ortiz ("Colon"), by the undersigned attorneys, makes the following avennents: 1. This civil action is brought pursuant to the Unifonned Services Employment and Reemployment Rights Act of1994, 38 U.S.C. §§ 4301 .. 4333 ("USERRA"). JURlSDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to . 38 U.S.C. § 4323(b). 3. Venue is proper in this district under 38 U.S.C. § 4323(c)(2) and 28 U.S.C. § 1391(b) because Defendant, International Ethical Laboratories, Inc. ("IEL"), maintains a place of business in this judicial district. PARTIES 4. Colon resides at Genis Corbalan 732, Fairview, Cupey, Puerto Rico 00926, within the jurisdiction of this Court.

5. IEL maintain a place of business at 1021 Americo Miranda Avenue, Reparto Metropolitano, Rio Piedras, Puerto Rico 00921, within the jurisdiction of this Court. CLAIM FOR RELIEF
6. Colon served as an E-4 Specialist in the Anny National Guard from 1991 to 2000. In this capacity, Colon performed military duties one weekend a month and two weeks each summer.
7. In January 2003, Colon commenced full-time employment as a pharmaceutical sales representative with IEL.
8. . In January 2004, during his employment with IEL, Colon re-enlisted in the Anny National Guard and received written orders to report for active duty to attend a 57-day officer basic training course that was scheduled to begin on January 31,2004. Colon provided oral and written notice to IEL ofhis written orders to report for active duty.
9. Colon reported for active duty and attended the officer basic training.course from January ~1, 2004 to March 28,2004.
10. On March 29,2004, Colon attempted to return to work at IEL, but was denied reemployment. IEL discharged Colon on Apri12, 2004.
11. IEL violated Sections 4311 and 4312 ofUSERRA, among other ways, by discriminating against Colon, denying him reemployment and other employment benefits, and discharging him because of his membership in, or obligation to perform service in, the uniformed servIces.
12. IEL's violations ofUSERRA were willful. 13. As a result ofIEL's unlawful denial of Colon's reemployment and his discharge, Colon has suffered substantial loss of earnings and other benefits of employment.
-2-

PRAYER FOR RELIEF WHEREFORE, Colon prays that the Court enter judgment against IEL, its officers,
agents, employees, successors and all persons in active concert or participation with it, as follows:
14. Declare that IEL's denial of reemployment to, and discharge of, Colon were unlawful and in violation ofUSERRA;
15. Order that IEL fully comply with the provisions ofUSERRA by reinstating Colon at the level of seniority, status and compensation that he would have enjoyed had he remained employed continuously with IEL, and by paying Colon for his loss of earnings and other benefits suffered by reason ofIEL's failure orrefusa1 to comply with the provisions of this law;
16. Declare that IEL's violations ofUSERRA were willful; ·17. Order that IEL pay Colon as liquidated damages an amount equal to the amount of his lost compensation and other benefits suffered by reason of IEL' s willful violations of . USERRA.; 18. Enjoin IEL from taking any action against Colon that fails to cornplywith the provisions ofUSERRA; 19. Award Colon prejudgment interest on the amount of lost compensation found due; and 20. Grant such other and further relief as may be just and proper.
-3-

ALBERTO R. GONZALES Attomey General
R. ALEXANDER ACOSTA Assistant Attomey General Civil Rights Division
G3~ BY:
.DAVIDJ. ALMER
8;l~·~~0~ l'
J!~G£ftiliWSKI
Principal Deputy Chief LOUIS LOPEZ Trial Attorney U.S. Dep8rtment of Justice . .Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4920 Washington, DC 20530 Telephone: (202) 353-1845 Facsimile: (202) 514-1105

H.S. GARCIA

United States Attorney

.

ISABEL MUNOZ-ACOSTA (pRDC No. 128302)

Assistant United States Attorney

District of Puerto Rico

Chard6nTowers, Suite 1201

350 Carlos E. Chard6n Street

San Juan, PR 00918

Telephone: (787) 766-5656

Facsimile: (787) 766-6219

- 4-

 
 Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 1 of 11

Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 1 of 11

c:
',..1') (/~.
-:;:::=c:"--

G'"
~
~

IN THE UNITED STATES DISTRICT COURT
lIOR THE DISTRICT OF PUERTO RIco

-0 C) --,.
?~~,
::=J.
~

BENITO A. COLON ORTIZ,' Plaintiff,
v. I
INtERNATIONAL ETHICAL LABORATORISS, INc.,
Defendant.

Civil Action No. 05-cv-1267 (HL)

!
-'

SETTLEMENT AGREEMENT

This matter is before ille Court for entry ofthis Settlement Agreement C"Agreement") by
consent ofthe parties to effectuate a compromise and settlement of all olaims stemming from plaintiffBenito A. Col6n Ortiz's ("CoI6n"). employment wit.h defendant International Ethical
Laboratories, Inc. C'iEL").

1. Colon commenced the above entitled action in the United States District Court for the District ofPuerto Rico, alleging that ffiL violated the Uniformed Services Employment and Reemployment Rights Act of 1994,43 U.S. C. § 4301 ef seq. ("USERRA"), by tenninating his employment following his return from active military service 'with the National Guard.

2. As a result ofsettlement discussions; Col6n and ffiL have resolved their differences and'have agreed that this action should be settled by entry of this Agreement. It is the intent of the parties that this Agreement be a final and binding settlement in full disposition of all claims stemming from Colon's employment with ffiL, including those claims alleged in the

Complaint filed in this case.

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 2 of 11 Case 3:05-cv-01267-HL Document 42-2 Filed 07120/2006 Page 2 of 11
1

STIPULATIONS

.3. The parties acknowledge the jurisdiction ofthe United States District Court for the District of Puerto Rico over the subject matter ofthis action and ofthe parties to this case for the purpose of entering this Agreement and, if necessary, enforcing this Agreement.

4. Venue is pl'oper in this district for purposes ofthis Agreement and any

proceedings related to this Agreement only. IEL agrees that all statntory conditions precedent to

I

the institntion oftbis lawsuit l:!ave been fulfilled.

~

5. The parties waive findings cffac! and conclusions'oflaw.

DETERMINATIONS

6. Having examined the terms and provisions ofthis Agreement and based on the pleadings, record, and the stipnlations of. the parties, the Court determines the following:

a. The Court has jurisdiction over the subject matter of the action and the

parties' to this action;

b. The terms and provisions of this Agreement are fair, reasonable, and just;

c. 1bis Agreement conforms with the Federal Rules' of Civil Procedure and USERRA, and is not in derogation ofthe rights and privileges of any person. The entry oftbis Agreement will further the objectives ofthe USERRA and wiJ] be in the best interests of the parties. 2

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 3 of 11 Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 3 of 11

NON-ADMISSION

7. Tills Agreement, being entered with the consent of Col6n and IEL, shall not oonstitute an adjudication or finding on the merits ofthe case and shall not be oonstrued as an admission by IEL of any violations ofUSERRA. IEL denies any wrongdoing and is entering into this Agreement to avoid the oosts offurther litigation.

NON·RETALIATION·

8. IEL shall not take any action against any person willch constitutes retaliation

.

.

or interference with ilie exercise of suoh person's rights under USERRA, 'or because such person

gave testimony or assistance or participated in any manner in anY investigation o~ prooeeding in

OOlll1ection with this case.

REMEDIAL REQUIREMENTS

9. Within five (5) days from the date of entry bfthis Agreement, IEL shall pay Col6n an amo1lllt the parties have agreed to keep confidential and have executed a letter agreement refleoting such amount. Of suoh amount, Col6n shall be responsible for payment of all employee income taxes associated With the baok pay portion: IEL shall separately be· responsible for paying all applicable federal and state employer taxes Dn the portion that represents back pay. Colon and IEL agree to hold each other harmless for any determinations made by federai, state or looal governments with respect to the tax or other fiscal implications ofthis payment. Within ten (10) days from the date ofthe entry of this Agreement, IEL shall provide documentary evidence ofhaving fully paid Colon by mailing the same to the following address:

3

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 4 of 11
Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 4 of 11
.-
Diana L. Embrey Senior Trial Attorney United States Department ofJustice
950 Pennsylvania Avenue NW
Civil RightsDivision Employment litigation Section, PHB, Room 4918 Washington, D.C. 20530 10. Witbin tbirty (30) days from the date of entry oftbis Agreement, IEL shall correct ail IEL records, including those contained in Colon's personnel file, to renect that CoIon resigned voluntarily from IEL; and IEL shall remove from its records all references, if any, to Colon being terminated or permitted to resign in lieu of tennination. 11. Within tbirty(30) days from the date of entry oftbis Agreement, IEL shall provide / Colon with twelve (12) original signed copies of a reference letter, the text of which is set forth below, printed on IEL letterhead and signed byIEL President Samuel Diaz: Six (6) copies of the letter shall be written in Spanish and six (6} in English. The signed reference letter shall be made a part of ColOn's persOnriel file at IEL.
a. English:
To whom it may concem: This letter confirms that Benito Colon Ortiz was employed as a Pharmaceutical Sales
Representative for International Ethical'Laboratories, Inc., from January 2003 until April 2004. As a Sales Representative, Mr. Colon was responsiblc for meeting with physicians and phannacies in Puerto Rico to promote a variety of phannaceiltical products. Mr. Col6n's performance at IEL was good. He resigned voluntarily on April 2,2004.
4

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 5 of 11
Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 5 of 11
"
b. Spanish: A quien pueda interesar:
Por"esle medio queremos confmnar que Sr. Benito Colon Ortiz se desempefi6 como Representante de Ventas de Productos Fannaceuticos de International Ethical Laboratories, Inc., desde enero de 2003 hasta abril de 2004. Como Representante de Ventas, el Sr. Colon tenia la responsabilidad de visitar medicos y farmadas en Puerto Rico para promover una amplia gama 'de productos furmaceuticos. EI desempefio.laboral del Sr. Colon fue buena. EI renuncio vol1l11tariamente 612 de abril de 2004.
12. IflEL is contacted by anyone regarding Colon's empioymentwith lEL, including prospective employers requesting an employment reference or verification of employment for Co16n, that person must be rererredto Rafael Santos, Colon's former supervisor, or, in the event Santos is no longer employed by IEL, Nelson Irizarry, lEL's General Manager, to ensure that lEL's response complies with the terms ofthis Agreement. rEL ;hall proVide only the following infonilation about Col6n: dates of employment with lEI. salary, job title and that his performance was good. lEL may riot provide any negative information about Co16n, his work performance, the circumstances surrounding his departure from lEL (other than to state, if asked, that Colon resigned voluntarily), or Colon's claims againstIEL related to his termination. If asked for a wntten reference or verification regarding>Co16n, lEL will provide only a copy ofthe neutral reference letter described in paragraph 11 above (or the same substantive information on a fonn provided by the person requesting the infonnation)..
13. Within thirty: (30) days from the daie of entry ofthis Agreement, IEL shall prepare, and submit to the United"Stales for its prompt review and approval, a draft USERRA policy and procedures that shall be written and, at a minimum, include the following:
5

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 6 of 11
Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 6 of 11
a. A clear statement ofthe IEUs commitment to USERRA's non-
discrimination and re-employment requireJ1!ents; b. A clear statement ofan employee's rights and obligations under U8ERRA; . c. A clearly described complaint and investigation.,process to address, in. a
prompt, thorough and impartial manner, any claims ofunlawful activity under USERRA; and d. An assurance that IEL shall not take any action againSt any person which constitutes retaliation or interference with the exercise of such person's rights under USERRA, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection With this case, 14. .Within sixty (60) days from the date of entIy ofthis Agreement, IEL shall distribute its approved written. USERRA policy and complaint procedures to all lEL officers and employees, and provide training to all IEL officers and employees regarding the rights of employees and employers under USERRA, lEL shall require all attendees at this training to sign. in on a sign-in sheet acknowledging their receipt ofIEL's USERRA policy and complaint proc"dures, and their attendance at the training. lEL shall provide the United States with copies ofthese sign-in sheets within ten (10) days oftheir execution, lEL shall maintain all original sign-in sheets for at least one (1) year. At the time ofhire, lEL shall provide every new employee a copy of its USERRA policy and complaint procedures. lEL shall require every new employee to sign an acknowledgment fann confirming that s!he has received the USERRA
6

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 7 of 11
Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 7 of 11
.. ;'.
,.
policy and complaint procedures, and rEL shall maintain all original acknowledgment pages for .t least one (1) year.
RELEASE OF ALL CLAIMS 15. By executing tbis Agreement and accepting the above·described monetary and non-monetary relief, Colon on behalf ofbimself and bis heirs, successors and assigns, expressly . releases and discharges rEL, as well as its current, former and future offIcials, employees, agents, and successors, from all Jegal and equitable claims that were or coUld have been brought as of the date of entry oftbis Agreement relating to. Colon's employment with rEL, inclUding but not
limited to the ciaims identified in the Complamt filed in Benito Colon Ortiz v. International
Ethical Laboratories, Inc., Civil Action No. OS-cv-1267 (HL), and USERRA Case No. 02-PR· 2004-00012-10-G, filed with the United States Depariment oiLabor.
DISPUTE RESOLUTION AND COMPLIANCE 16. The Court shall retainjurisdiction and will have all available equitable powers, i!lCluding injunctive relief, to enforce this Agreement. Upon motion of either party, the Court may schedule a heanng for the purpose ofreviewing compliance with this Agreement. The parties shall engage in good faith efforts to resolve any dispute concerning compliance prior to seeking review by the Court. The parties shaU be required to give notice to each other twenty (20) days before moving for review by tbe Court. The parties may conduct expedited discovery
. under the Federal Ru.les of Civil Procedure for the purpose of determining' c. ompliance with this
Agreement or defending a clainl ofnon-compliance.
7

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 8 of 11 Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 8 of 11
,
,-

EFFECTIVE DATE

17. The.effective date ofthis Agreement shall be the date upon which it is entered by

the Court. 18.

and This Agreement shall expire, this action shall be dismissed with prejudice,

without further order ofthis Court one (1) year from the date of entry ofthis Agreement.

MISCELLANEOUS

19. The parties shall bear their own costs and expenses of litigation, including

attorneys' fees.

20. This Agreement constitutes the entry of final judgment within the meaning of Rule 54 ofthe Federal Rules of Civil Procedure on all claims asserted in or that c~Ujd have been
asserted by Col6n in this action. The Court retains jurisdiction over this matter, however, for the purpose of enteriug appropriate orders interpreting and enforcing this judgment.

21. By executing this Agreement, Col6n expressly acknowledges that he has had

sufficient time to review the terms ofthis Agreement with his attorneys, that he has in facf

reviewed the Agreement, and that he has voluntarily entered into this Agreement.

I 22. Ifany provision of this Agreement is found to be unlawful, ouly the specific
I

j

provision in question shall be affected and the other provisions will remain in fulJ force and

effect.

I

23. The terms ofthis Agreement.are and shall be binding upon the present 'and future

i

own~rs, officers, directors, employees, creditors, agents, trustees, administrators, successors, .

I

8

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 9 of 11

..::"' ..
, .
I
1--

Case 3:05-cv-01267-HL Document 42-2 File'cTQ7/20/2006 Page 9 of 11

representatives, and assigns ofIEL and upon the heirs, successors;'and assigns of Colon.

24. This Agreement constitutes the entire agreement and comrnitmentsofthe parties.

A:n.y modifications to this Agreement must be mutually agreed upon and memorialized in

writing, signed by Colon and IEL.

?-l- lr,orll APPROVED and ORDERED this'

day of~4;:;~11--1~\

~ED~£W1JkGE.

r--r; . (;'''IJt1;'f V<er=)bJf~ JAJ~!.

GREGO T SERA, ESQ.

/-

(PR-USDC No. 129205)

. cipal Deputy Chief (W1BarNo.1014294)
'~1:~MBREY
Senior Trial Attorney

Usera Law Offices, P.S,C. Edificio Polo Norte Tetuan 261, Old San Juan P,O. Box 9022487 San Juan, Puerto Rico 00902-2487

(DC Bar No. 4574701PR- USDC No. G0031O) MARIA HORTENSIA RIOS (PR-USDC No. 205602) U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW

Telephone: (787) 725-8080 F'acsimile: (787) 725-8860
Attorneys for Defendant International Ethical Laboratories, Inc,

9

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 10 of 11 Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 10 of'r1
.J .

Patrick Henry Building, Room 491 8 Washington, DC 20530 Telephone: (202) 353-2510 Facsimile: (202) 514-1105
Attorneys for Plaintiff Benito A Col6n Ortiz

Plaintiff

t.t Affidavit # I~

I

Sworn to and subscnbed before me by Benito A Colon Ortiz, of legal age, single and

I
I , I

resident of ~p~erto Rico, who rhave identified by his driver's license #

rB:~j{;, in, fAt. ~ertoRico, on this --'-l!!J.~YOf

2006,

k /" ~:~:IS'~~bO~~ C~'ERO ,MELENDEZ ~"

10

Case 3:05-cv-01267-HL Document 44 Filed 07/26/2006 Page 11 of 11 Case 3:05-cv-01267-HL Document 42-2 Filed 07/20/2006 Page 11 of 11

Int,en'!,ati'cmal Etliical Laboratories, Inc.

' Affidavit # I~7

'J.-...r)
Carlo? I UV'I •

Sworn to and subscribed before me bylSamuel Diaz Barcelo, oflegal age, single and

J1Ao. resident of SaVI.

V\ , Puerto Rico, who I have identified by his driver's license # '

/)?70046; in Sa.VI.j \AO..v\ ,Puerto Rico, on this JD*' day of JiA I'I 2006.
I

NOTARY PUBLIC

11

 
 CASECLOSED, CLOSED

United States District Court District of Puerto Rico (San Juan) CIVIL DOCKET FOR CASE #: 3:05-cv-01267-HL

Colon-Ortiz v. International Ethical Laboratories, Inc. Assigned to: Judge Hector M Laffitte Cause: Right to re-employment of inducted persons

Date Filed: 03/09/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Benito A. Colon-Ortiz

represented by Diana L. Embrey U. S. Department of Justice, Civil Rights Division Employment Lit. Section 950 Pennsylvania Ave. NW PHB Room 4918 Washington, DC 20530 US 202-353-2510 Fax: 202-514-1105 Email: diana.embrey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Isabel Munoz-Acosta United States Attorney's Office Torre Chardon 350 Carlos Chardon St. Suite 1201 San Juan, PR 00918 787-766-5656 Fax: 787-766-6219 Email: isabel.munoz@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Lopez U. S. Department of Justice, Civil Rights Division Employment Lit. Section

V.
Defendant
International Ethical Laboratories, Inc.

950 Pennsylvania Ave. NW PHB Room 4914 Washington, DC 20530 202-353-1845 Fax: 202-514-1105 TERMINATED: 12/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maria H. Rios-Gandara U. S. Department of Justice, Civil Rights Division 950 Pennsylvania Ave. NW PHB Room 4914 Washington, DC 20530 202-616-9750 Fax: 202-514-1005 Email: maria.rios@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gregory T. Usera Usera Law Offices, PSC PO Box 9022487 San Juan, PR 00902-2487 787-725-8080 Fax: 787-725-8860 Email: gregory.usera@useralaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ivy Mercado-Ramos Usera Law Offices, PSC PO Box 9022487 San Juan, PR 00902-2487 787-725-8080 Fax: 787-725-8860 Email: ivy.mercado@useralaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jose R. Gonzalez-Nogueras Jimenez, Graffam & Lausell PO Box 366104 San Juan, PR 00936-6104 787-767-1030 Fax: 787-751-4068 Email: usdccases@jgl.com TERMINATED: 04/12/2006 ATTORNEY TO BE NOTICED
Kayra D. Montanez-Laboy University of PR - Legal Affairs Office Jardin Botanico Sur 1187 Flamboyan St San Juan, PR 00926-1117 787-250-0000 x 2218 Fax: 787-250-0821 Email: kmontanezl@gmail.com TERMINATED: 04/12/2006 ATTORNEY TO BE NOTICED

Date Filed 03/09/2005
03/09/2005 05/16/2005 05/27/2005

#

Docket Text

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)

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

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)

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

05/27/2005
07/08/2005 10/19/2005 10/19/2005 11/01/2005 11/04/2005
12/14/2005

(cm, ). (Entered: 05/27/2005)
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)
6 REPORT Pursuant to Rule 26 Regarding Joint Discovery Conference by all parties. (Lopez, Louis) (Entered: 07/08/2005)
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)
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)
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, (GonzalezNogueras, Jose) (Entered: 11/01/2005)
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)
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)

12/14/2005 12/19/2005
02/10/2006 02/10/2006 02/10/2006 02/10/2006 02/28/2006 03/01/2006 03/07/2006
03/08/2006

12 NOTICE of Appearance and Substitution of Counsel by Isabel Munoz-Acosta on behalf of Benito A. Colon-Ortiz (MunozAcosta, Isabel) (Entered: 12/14/2005)
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)
14 NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)
15 NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)
16 NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)
17 NOTICE OF TAKING DEPOSITION by Benito A. Colon-Ortiz (Attachments: # 1)(Munoz-Acosta, Isabel) (Entered: 02/10/2006)
18 NOTICE OF TAKING OF DEPOSITION by Benito A. ColonOrtiz (Attachments: # 1 # 2 # 3)(Munoz-Acosta, Isabel) (Entered: 02/28/2006)
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)
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)
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)

04/05/2006 04/11/2006 04/12/2006
04/12/2006 04/13/2006 04/18/2006 04/18/2006 04/19/2006 04/19/2006 04/19/2006

22 MOTION to Withdraw as counsel Attorney as to Kayra D. Montanez-Laboy filed byKayra D. Montanez-Laboy on behalf of International Ethical Laboratories, Inc. (Montanez-Laboy, Kayra) (Entered: 04/05/2006)
23 MOTION for Leave to Appear as Counsel filed byIvy MercadoRamos on behalf of International Ethical Laboratories, Inc. (Mercado-Ramos, Ivy) (Entered: 04/11/2006)
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)
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)
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)
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)
28 INFORMATIVE Motion filed byIvy Mercado-Ramos on behalf of International Ethical Laboratories, Inc. (Mercado-Ramos, Ivy) (Entered: 04/18/2006)
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)
30 ORDER: Defendant's 28 INFORMATIVE motion is NOTED. Signed by Judge Hector M Laffitte on 4/19/06. (gr) (Entered: 04/19/2006)
31 ORDER re defendant's 25MOTION Requesting Enlargement of
Discovery Deadline, and plaintiffs' 27 Response: The discovery deadline is enlarged until May 18, 2006.
Defendant shall provide its supplemental production of

05/12/2006 05/16/2006 06/15/2006
06/29/2006 06/29/2006 06/30/2006 07/05/2006

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)
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)
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)
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)
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)
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)
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)
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)

07/06/2006
07/12/2006 07/14/2006 07/20/2006 07/24/2006 07/26/2006

(Entered: 07/05/2006)
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)
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)
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)
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)
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)
44 SETTLEMENT AGREEMENT by Benito A. Colon-Ortiz, International Ethical Laboratories, Inc. (np, ) (Entered: 07/26/2006)