Uzcategui Castro et al v. Quero Silva
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:25-cv-26140 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Federal Question |
| Case Filed: | Dec 30, 2025 |
| Last checked: Sunday Jun 28, 2026 4:17 AM EDT |
|
Defendant
Rafael Jose Quero Silva
Krome Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street
Miami, FL 33194 |
|
|
Plaintiff
Andres Colmenarez Farias
|
Represented By
|
|
Plaintiff
Wladimir Jose Diaz Granadillo
|
Represented By
|
|
Plaintiff
Carlos Luis Doubront Corrales
|
Represented By
|
|
Plaintiff
Maria Elena Uzcategui Castro
|
Represented By
|
|
Plaintiff
Ehisler Moises Vasquez Caridad
|
Represented By
|
| Docket last updated: 1 hours ago |
| Tuesday, June 09, 2026 | ||
| 23 | 23
order
Order to Vacate
Tue 06/09 5:47 PM
PAPERLESS ORDER VACATING PRIOR ORDER STRIKING DISCOVERY-RELATED MOTION. THIS CAUSE is before the Court upon sua sponte review of the record. On June 5, 2026, the Court entered a Paperless Order, ECF No. 22 , striking Plaintiffs Maria Elena Uzcategui Castro, Carlos Luis Doubront Corrales, Andres Colmenarez Farias, Ehisler Moises Vasquez Caridad, and Wladimir Jose Diaz Granadillo's ("Plaintiffs") Motion to Compel Defendant Rafael Jose Quero Silva's ("Defendant") Initial Disclosures and Responses to Plaintiffs' First Set of Requests for Production and First Set of Interrogatories (the "Motion"), ECF No.20 . Upon further review, the Court notes that Plaintiffs received telephonic authorization from chambers to file the Motion notwithstanding the procedures set forth in the Court's Order Setting Discovery Procedures ("Discovery Order"), ECF No.21 , due to the unique circumstances presented by Defendant's detention and the resulting difficulties associated with conducting a discovery hearing. Specifically, on May 28, 2026, Plaintiffs requested permission to file a discovery motion and leave was granted to file a motion to compel not exceeding ten (10) pages so that Defendant would have an opportunity to respond. The Court's striking of the Motion, ECF No.20 , was inadvertent and entered in error. Accordingly, the Court's Paperless Order, ECF No. 22 , is VACATED , and the Motion, ECF No. 20 , is REINSTATED . Defendant SHALL file a Response to the Motion not exceeding ten (10) pages in length on or before June 29, 2026 . Plaintiffs may thereafter file a Reply in support of the Motion not exceeding five (5) pages in length within seven (7) days of service of Defendant's Response. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/9/2026. (MFE) |
|
|
utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Wed 06/10 12:02 PM
Set/Reset Deadlines/Hearings as to20 Plaintiff's MOTION to Compel Initial Disclosures, Responses to 1st RFP, Responses to 1st Set of Interrogatories . Responses due by 6/29/2026. (per DE 23). (pc) |
||
| Friday, June 05, 2026 | ||
| 22 | 22
order
Order on Motion to Compel
Fri 06/05 8:36 PM
PAPERLESS ORDER STRIKING DISCOVERY-RELATED MOTION. THIS CAUSE is before the Court on Plaintiffs Mara Elena Uzctegui Castro, Carlos Luis Doubront Corrales, Andrs Colmenrez Faras, Ehisler Moises Vsquez Caridad, and Wladimir Jos Daz Granadillo's ("Plaintiffs") Motion to Compel Defendant Rafael Jos Quero Silva's ("Defendant") Initial Disclosures and Responses to Plaintiffs' First Set of Requests for Production and First Set of Interrogatories (the "Motion"). See ECF No.20 . As noted in the Court's Order Setting Discovery Procedures ("Discovery Order"), "[e]xcept as authorized by the Court, the parties shall not raise any discovery disputes by filing written discovery motions." ECF No.21 at 2. Instead, "[i]f, after conferring, the parties are unable to resolve their discovery disputes without Court intervention, the moving party must send an email" to chambers requesting a discovery hearing. Id. The Discovery Order further provides that the "Court will strike any motions filed in contravention of these procedures." Id. Accordingly, the Motion, ECF No. 20 , is STRICKEN . The parties are directed to comply with the Discovery Order before seeking Court intervention regarding any discovery-related dispute Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/5/2026. (ogn1) |
|
| Thursday, June 04, 2026 | ||
| 21 | 21
order
- Order (PAPERLESS or pdf attached)
Fri 06/05 8:48 AM
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/4/2026. See attached document for full details. (pc) |
|
| 20 | 20
motion
Compel
Thu 06/04 2:16 PM
Plaintiff's MOTION to Compel Initial Disclosures, Responses to 1st RFP, Responses to 1st Set of Interrogatories by Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad. Responses due by 6/18/2026.(Curtis, Oliver) |
|
|
Att: 1
Exhibit 01 - 26.03.23 Letter to Rafael Jose Queros Silva re Initial Disclosures Deficiency,
|
||
|
Att: 2
Exhibit 02 - 2026.03.31 Letter from Rafael Jose Quero Silva dated 3-31-26 and received 4-7-26,
|
||
|
Att: 3
Exhibit 03 - 26.04.23 [SERVED] Letter to Rafael Jose Quero Silva re Initial Disclosures,
|
||
|
Att: 4
Exhibit 04 - 2026.05.14 Letter from Quero to B. Curtis,
|
||
|
Att: 5
Exhibit 05 - 26.05.12 [SERVED] Letter to Rafael Jose Quero Silva regarding RFP _ ROG Deficiency
|
||
| Thursday, March 19, 2026 | ||
| 19 | 19
notice
Clerk's Notice - Attorney Admissions
Thu 03/19 9:43 AM
CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Oliver Benton Curtis, III re18 Notice of Change of Address, Email or Law Firm Name (pt) |
|
| Wednesday, March 18, 2026 | ||
| 18 | 18
notice
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Wed 03/18 4:01 PM
NOTICE of Change of Email; by Oliver Benton Curtis, III (Curtis, Oliver) |
|
| Thursday, February 26, 2026 | ||
| 17 | 17
notice
Clerk's Notice - Attorney Admissions
Thu 02/26 3:52 PM
CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Kelly Shami re15 Notice of Change of Address, Email or Law Firm Name (pt) |
|
| 16 | 16
notice
Clerk's Notice - Attorney Admissions
Thu 02/26 1:15 PM
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Kelly Shami re15 Notice of Change of Address, Email or Law Firm Name. Attorney Kelly Shami has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions.[LINK:www.flsd.uscourts.gov/updating-your-information] (pt) |
|
| 15 | 15
notice
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Thu 02/26 9:51 AM
NOTICE of Change of Email; by Kelly Shami (Shami, Kelly) |
|
| Tuesday, February 17, 2026 | ||
| 14 | 14
misc
Scheduling Report - Rule 26(f)/16.1
Tue 02/17 11:30 AM
Plaintiff's SCHEDULING REPORT - Rule 16.1 by Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad(Curtis, Oliver) |
|
|
Att: 1
Text of Proposed Order (Scheduling)
|
||
| Monday, February 09, 2026 | ||
| 13 | 13
service
Summons (Affidavit) Returned Executed
Mon 02/09 1:03 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ehisler Moises Vasquez Caridad, Maria Elena Uzcategui Castro, Andres Colmenarez Farias, Carlos Luis Doubront Corrales, Wladimir Jose Diaz Granadillo. Rafael Jose Quero Silva served on 2/5/2026, response/answer due 2/26/2026. (Shami, Kelly) |
|
| Tuesday, February 03, 2026 | ||
| 12 | 12
respm
Response in Opposition to Motion
Tue 02/03 5:24 PM
RESPONSE in Opposition re11 MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad. Replies due by 2/10/2026. (Curtis, Oliver) |
|
| Wednesday, January 21, 2026 | ||
| 11 | 11
motion
Dismiss for Failure to State a Claim
Wed 01/21 3:30 PM
MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM by Rafael Jose Quero Silva. Responses due by 2/4/2026. (pc) |
|
| Monday, January 12, 2026 | ||
| 10 | 10
order
Order on Motion to Appear Pro Hac Vice
Mon 01/12 1:37 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motions to Appear Pro Hac Vice , Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing on behalf of Douglas H. Carsten8 and Madelaine G. Altman9 . UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions8 ,9 are GRANTED. Douglas H. Carsten and Madelaine G. Altman may appear pro hac vice in this matter on behalf of Plaintiffs. The Clerk of Court shall provide electronic notification of all electronic filings to Douglas H. Carsten at dcarsten@mwe.com and to Madelaine G. Altman at madelainea@guernicacentre.org. Signed by Judge K. Michael Moore on 1/12/2026. (ss01) |
|
| Friday, January 09, 2026 | ||
| 9 | 9
motion
Appear Pro Hac Vice - aty
Fri 01/09 10:56 AM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Madelaine G. Altman. Filing Fee $ 250.00 Receipt # AFLSDC-19104019 by Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad. Responses due by 1/23/2026.(Curtis, Oliver) |
|
|
Att: 1
Certification of Madelaine G. Altman,
|
||
|
Att: 2
Text of Proposed Order Granting Pro Hac Vice Admission for Madelaine G. Altman
|
||
| 8 | 8
motion
Appear Pro Hac Vice - aty
Fri 01/09 10:51 AM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas H. Carsten. Filing Fee $ 250.00 Receipt # AFLSDC-19103896 by Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad. Responses due by 1/23/2026.(Curtis, Oliver) |
|
|
Att: 1
Certification of Douglas H. Carsten,
|
||
|
Att: 2
Text of Proposed Order Granting Pro Hac Vice Admission for Douglas H. Carsten
|
||
| Friday, January 02, 2026 | ||
| 7 | 7
service
Summons (Affidavit) Returned Executed
Fri 01/02 1:43 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ehisler Moises Vasquez Caridad, Maria Elena Uzcategui Castro, Andres Colmenarez Farias, Carlos Luis Doubront Corrales, Wladimir Jose Diaz Granadillo. Rafael Jose Quero Silva served on 12/30/2025, response/answer due 1/20/2026. (Shami, Kelly) |
|
| Wednesday, December 31, 2025 | ||
| 6 | 6
order
Order Referring Case to Magistrate Judge
Wed 12/31 2:58 PM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 12/31/2025. (ss01) |
|
| 5 | 5
order
Pretrial Order
Wed 12/31 2:46 PM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/31/2025. (ss01) |
|
| Tuesday, December 30, 2025 | ||
| 4 | 4
notice
Notice of Attorney Appearance
Tue 12/30 1:56 PM
NOTICE of Attorney Appearance by Kelly Shami on behalf of Andres Colmenarez Farias, Wladimir Jose Diaz Granadillo, Carlos Luis Doubront Corrales, Maria Elena Uzcategui Castro, Ehisler Moises Vasquez Caridad (Shami, Kelly) |
|
| 3 | 3
service
Summons Issued
Tue 12/30 1:44 PM
Summons Issued as to Rafael Jose Quero Silva. (pc) |
|
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 12/30 1:41 PM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) |
|
| 1 | 1
31
pgs
cmp
Complaint
Tue 12/30 12:51 PM
COMPLAINT against Rafael Jose Quero Silva. Filing fees $ 405.00 receipt number AFLSDC-19079303, filed by Ehisler Moises Vasquez Caridad, Maria Elena Uzcategui Castro, Andres Colmenarez Farias, Carlos Luis Doubront Corrales, Wladimir Jose Diaz Granadillo.(Curtis, Oliver) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Summon(s)
|
||