Cases

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JOSE LUIS DIAZ, M.D., § INDIVIDUALLY AND D/B/A JOSE No. 08-12-00084-CV LUIS DIAZ, M.D., P.A., § Appeal from the Appellant, §

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JOSE LUIS DIAZ, M.D., § INDIVIDUALLY AND D/B/A JOSE No. 08-12-00084-CV LUIS DIAZ, M.D., P.A., § Appeal from the Appellant, §

Estado Libre Asociado de Puerto Rico TRIBUNAL DE APELACIONES PANEL ESPECIAL LUIS FRANCISCO LÓPEZ Apelación DÍAZ procedente del Tribunal de Primera Recurridos Instancia, Sala Superior de San Juan v.

(2008) Jose Luis DIAZ-PENA, Petitioner v. WARDEN, FEDERAL CORRECTIONAL INSTITUTION, FORT DIX, NEW JERSEY, Respondent. Civil Action No. 08-11484-WGY. United States District Court, D. Massachusetts. November 12, 2008. MEMORANDUM AND ORDER YOUNG, District Judge. Ignoring the Guidelines—Officially [I]n judicial districts with unusua

MEMORANDUM AND ORDER BESOSA, District Judge. Before the Court are the defendants’ motion to stay the proceedings pending an interlocutory appeal and the plaintiffs’ responses in opposition. (Docket Nos. 320, 328, & 329.) For the reasons stated below, the Court DENIES defendants’ motion to stay the proceedings. I. Background On July 17, 2013, the defendants moved

OPINION AND ORDER BESOSA, District Judge. Before the Court is Magistrate Judge Marcos E. Lopez’s Report and Recommendation (“R & R”), (Docket No. 155), concerning defendants’ motion to dismiss, (Docket No. 123), and their supplement to motion to dismiss, (Docket No. 129). The magistrate judge recommends that all federal claims against defendants Jose Fuentes-Agostini, Pedro Toledo-Davila, Aníbal Solivan-

MEMORANDUM AND ORDER BESOSA, District Judge. Before the Court are the plaintiffs’ motion to limine to admit defendant Zoe Diaz-Colon’s former testimony; defendants’ opposition; outstanding objections to the joint proposed pretrial order; plaintiffs’ motion for reconsideration of the dismissal of the legal heirs of Sanabria and Ortiz; defendants’ oppositions; and defendants’ request for leave to use

PER CURIAM. Affirmed. Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011) (citing Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011) (holding Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) is not applied retroactively)). HAZOURI, CIKLIN and CONNER, JJ., concur.

622 F.3d 692 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis DIAZ-JIMENEZ, Defendant-Appellant. No. 10-1988. United States Court of Appeals, Seventh Circuit. Argued August 4, 2010. Decided September 8, 2010. *693 Jonathan H. Koenig, argued, Office of the United States Attorney, Milwaukee, WI, fo

PER CURIAM: * Jose Luiz Diaz-Santana appeals from a guilty-plea conviction for reentry of a deported alien in violation of 8 U.S.C. § 1326(b)(2). Diaz-Santana challenges the constitutionality § 1326(b). His constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Diaz-Santana contends that Almend

DENIED.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

OPINION BYBEE, Circuit Judge: Jesse Vasquez was a mid-level leader in the Florencia Trece gang who was convicted of drug-related -crimes for his part in the gang’s drug trafficking operations. The district court sentenced Vasquez to life imprisonment because his two prior California felonies qualified him for a mandatory sentence ■ enhancement under 21 U.S.C. § 841. Four years after Va

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

ORDER The court’s opinion filed April 20, 2016, appearing at 821 F.3d 1051 (9th Cir. 2016), is hereby amended. An amended opinion is filed herewith. With this amended opinion, the panel has voted to deny the petitions for panel rehearing. The full court has been advised of the petitions for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App.

PER CURIAM. Affirmed. § 924.38, Fla.Stat. (1995.)

51 Cal.4th 1148 (2011) 126 Cal. Rptr. 3d 443 253 P.3d 535 DAWN RENAE DIAZ, Plaintiff and Respondent, v. JOSE CARCAMO et al., Defendants and Appellants. No. S181627. Supreme Court of California. June 23, 2011. *1151 Sonnenschein Nath & Rosenthal, SNR Denton US, Paul E. B. Glad, D

MEMORANDUM & ORDER1 BESOSA, District Judge. Before the Court is defendant Dr. Benjamin Gonzalez’s motion to dismiss the claim against him set forth in the second amended complaint. (Docket No. 62.) For the reasons discussed below, the Court DENIES the motion to dismiss. I. BACKGROUND Plaintiff Maria de los Angeles Diaz-Rivera (“Ms. Diaz”)

MEMORANDUM AND ORDER1 BESOSA, District Judge. Before the Court is defendant Admiral Insurance Company’s (“Admiral”) motion to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(5) (“Rule 12(b)(5)”) for insufficient service under Federal Rules of Civil Procedure 4(m) (“Rule 4(m)”) and 4(h) (“Rule 4(h)”). (Docket No. 52.) For the reasons discusse

820 F.Supp.2d 301 (2011) UNITED STATES of America, Plaintiff, v. Joseph McCloskey DIAZ, et al., Defendants. Criminal No. 09-364(FAB). United States District Court, D. Puerto Rico. October 14, 2011. *302 Jenifer Yois Hernandez-Vega, Jose A. Ruiz-Santiago, United States Attorneys Office, District of Puerto Rico, San Juan, PR, for P