MEMORANDUM ORDER JOSE ANTONIO FUSTE, District Judge. Before the court is a motion by the government requesting us to empanel an anonymous jury. (Docket No. 590.) Defendant Alexis Candelario-Santana 1 opposes. 2 (Docket Nos. 573; 639.) For the following reasons, the government's motion will be granted. Because this is a capital case, there are two statutes that govern the question of whether to empanel an anonymous jury. The first is 28 U.S.C. 1863(b)(7), which applies to anonymous...
ORDER JOSE ANTONIO FUSTE, District Judge. Before the court is a "Motion to Suppress Defendant's Statements" filed by Defendant David Oquendo-Rivas ("Oquendo-Rivas" or "Defendant"). (Docket No. 562.) In his motion, Defendant seeks to suppress statements he made to law enforcement authorities on October 20, 2009. (Docket No. 562.) The government opposes. (Docket No. 601.) On December 3, 2012, we held a hearing on the matter. (Docket No. 677.) At the hearing, Investigating Officer Carlos Rodr...
OPINION AND ORDER JAY A. GARCIA-GREGORY, District Judge. Pending before the Court is Oriental Bank and Trust's ("Oriental") Motion for Summary Judgment (Docket No. 30). For the reasons outlined below, summary judgment is hereby GRANTED in part and DENIED in part. Background This claim arises as a result of the demise of Eurobank Puerto Rico. On April 30, 2010, the Office of the Commissioner of Financial Institutions of the Commonwealth of Puerto Rico ("OCFI") closed Eurobank due to...
OPINION AND ORDER GUSTAVO A. GELPI, District Judge. This case stands in a long line of claims brought by the Federal Deposit Insurance Corporation ("FDIC") against directors and officers of banks throughout the United States. To date, the FDIC has filed thirty-three such suits in its capacity as a receiver. In sum, the FDIC became Westernbank's receiver on April 30, 2010. W Holding Company ("W Holding") owned all outstanding shares of Westernbank's corporate stock when the FDIC assumed...
OPINION AND ORDER MARCOS E. L PEZ, United States Magistrate Judge. Judgment was entered in favor of plaintiffs on October 4, 2011, and was amended on January 27, 2012. D.E. 224, D.E. 256. On June 29, 2012, plaintiffs served on defendant a Notice of Deposition Duces Tecum in Aid of Execution for Joshua M. Ambush ("Notice of Deposition"). D.E. 296-1. At a discovery conference on September 4, 2012, defendant objected to Item Nos. 8C and 8D of the Notice of Deposition, alleging that certain...
OPINION AND ORDER SALVADOR E. CASELLAS, Senior District Judge. After six years of pretrial proceedings and a two-week trial, the Chapter 7 Trustee filed this appeal seeking to vacate the bankruptcy court's dismissal of his three remaining causes of action: the first, for breach of fiduciary duties; the fifth, for prepetition transfers for less than equivalent value; and the sixth, for collection of loans made to insiders. 1 Defendants/Appellees ("Defendants") are two former directors and...
MEMORANDUM AND ORDER BESOSA, District Judge. On April 19, 2011, the Court ordered the parties to show cause as to why this litigation ("the Antares cases") should not be stayed. (Docket No. 51). On May 20, 2011, plaintiffs filed a response to the order to show cause. (Docket No. 70.) On June 20, 2011, co-defendant Astra Oil Company, LLC ("Astra") filed its response. (Docket No. 79.) On the same date, co-defendant Antares Oil Services, LLP ("Antares") moved to join Astra's response to the...
OPINION AND ORDER GUSTAVO A. GELP , District Judge. Presently before the court are Defendants' motion to alter or amend judgment (Docket No. 433) and Plaintiffs' motion for partial reconsideration (Docket No. 434). For the reasons set forth herein, the court DENIES Defendants' motion to alter or amend judgment and GRANTS in part and DENIES in part Plaintiffs' motion for partial reconsideration. The claims not addressed by the court at this time are contingent upon the findings of the...
OPINION AND ORDER GUSTAVO A. GELP , District Judge. Puerto Rico Telephone Company, Inc. ("Plaintiff") brings this action seeking damages for violations of federal antitrust laws and state Anti-Monopoly laws by San Juan Cable LLC d/b/a/ Onelink Communications ("Defendant"). Plaintiff claims Defendant committed violations of Sections two and three of the Sherman Act, 15 U.S.C. 2 and 3, as well as the Puerto Rico Anti-Monopoly Act, P.R. Laws Ann. tit. 10, 257-276. Presently before the...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on July 9, 2012 ( docket entry 433 ) on a Rule 11 proceeding of defendant Jos L. Salv -Negr n (8) held before U.S. Magistrate Judge Silvia Carre o-Coll on June 28, 2012, to which no objection has been filed, the same is APPROVED. Accordingly, the plea of guilty of defendant is accepted. The Court FINDS that his plea was voluntary and intelligently entered with awareness of his rights and the...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on July 16, 2012 ( docket entry 1842 ) on a Rule 11 proceeding of defendant Sonya Castellanos (20) held before U.S. Magistrate Judge Camille L. V lez-Riv on July 16, 2012, to which no opposition has been filed, the same is APPROVED. Accordingly, the plea of guilty of defendant is accepted. The Court FINDS that her plea was voluntary and intelligently entered with awareness of her rights and...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on July 9, 2012 ( docket entry 1807 ) on a Rule 11 proceeding of defendant Mart n Pernas (18) held before U.S. Magistrate Judge Silvia Carre o-Coll on June 27, 2012, to which no opposition has been filed, the same is APPROVED. Accordingly, the plea of guilty of defendant is accepted. The Court FINDS that his plea was voluntary and intelligently entered with awareness of his rights and the...
OPINION AND ORDER 1 BESOSA, District Judge. Before the Court are two motions: defendants' G & W Transport Ltd. ("G & W") and Caribbean Transport Ltd. ("CTL") motion for summary judgment, (Docket No. 30), and plaintiff Jerome Francis's ("Francis") motion to strike various exhibits introduced by defendants in support of their motion for summary judgment. (Docket No. 53.) After reviewing the record and relevant law, the Court GRANTS IN PART and DENIES IN PART plaintiff's motion to strike...
OPINION AND ORDER SILVIA CARRE O-COLL, United States Magistrate Judge. The parties in this case, unable to agree on a joint protective order, filed competing proposals. See Docket Nos. 118, 119. Defendants' proposal included a patent prosecution bar, see Docket No. 119; Plaintiff's did not, see Docket No. 118. Finding the record insufficient to determine whether such a bar was appropriate, we entered an interim protective order without a prosecution bar and called for additional...
OPINION AND ORDER JOSE ANTONIO FUSTE, District Judge. Pending before us is Plaintiffs' "Motion to Remand to State Court," and their request for voluntary dismissal of their federal claim. (Docket Nos. 7; 18.) This employment case came to us after removal from Commonwealth Court on March 12, 2012. Plaintiffs then filed a motion requesting a remand of the case to Commonwealth court. (Docket No. 7.) Defendants opposed. (Docket No. 11.) On May 14, 2012, Defendants answered the complaint. (Docket...
OPINION AND ORDER JAY A. GARCIA-GREGORY, District Judge. The factual scenario giving rise to this political discrimination action is familiar in Puerto Rico. Thirty-two (32) former employees of the Senate of the Commonwealth of Puerto Rico (the "Former Employees"), their spouses (the "Spouses") and the conjugal partnerships formed between them (the "Conjugal Partnerships") (collectively "Plaintiffs") bring suit against several high ranking officials in the Senate of the Commonwealth of Puerto...
OPINION AND ORDER 1 BESOSA, District Judge. Before the Court is the Report and Recommendation ("R & R"), (Docket No. 120), regarding defendants' motions to dismiss: one filed by defendant AT & T Mobility, Inc. ("ATT-M"), (Docket No. 39), and the other, filed by AT & T, Inc. ("ATT-I"), (Docket No. 77). Having considered the magistrate judge's recommendations, as well as defendants' objections to the R & R, (Docket Nos. 127 & 128), plaintiff Eon Corp.'s ("Eon") opposition to defendants'...
OPINION AND ORDER 1 BESOSA, District Judge. Before the Court is the motion for reconsideration filed by defendants E.M. T-Shirts Distributors, Inc.; E. Mendoza & Co., Inc.; Eduardo Mendoza Corp., and Calcomanias Garneda, Inc. (collectively, "defendants"), (Docket No. 83), and the motion for reconsideration filed by plaintiff Mena. (Docket No. 90.) For the reasons set forth below, both motions are DENIED. I. PROCEDURAL HISTORY On March 3, 2011, plaintiff filed a complaint against his...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on June 29, 2012 ( docket entry 769 ) on a Rule 11 proceeding of defendant Rufino Col n-P rez (16) before U.S. Magistrate Judge Bruce J. McGiverin on June 29, 2012, to which no opposition has been filed, the same is APPROVED. Accordingly, the plea of guilty of defendant is accepted. The Court FINDS that his plea was voluntary and intelligently entered with awareness of his rights and the...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on June 26, 2012 ( docket entry 760 ) on a Rule 11 proceeding of defendant Rolando Natal-Sabater (2) held before U.S. Magistrate Judge Marcos E. L pez on June 25, 2012, to which no opposition has been filed, the same is APPROVED. Accordingly, the plea of guilty of defendant is accepted. The Court FINDS that his plea was voluntary and intelligently entered with awareness of his rights and the...
