ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on November 4, 2015 ( D.E. 170 ) on a Rule 11 proceeding of defendant [5] Hern n Torres-G mez before U.S. Magistrate-Judge Marcos E. L pez on September 28, 2015, 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...
OPINION AND ORDER GUSTAVO A. GELP , United States District Judge . Plaintiff, the United States of America, brought this action to collect unpaid federal income tax liabilities assessed against Defendant, GZ Construction, Inc. ("GZ Construction"), for several tax periods between December, 2005, and December, 2012. (Docket No. 1 at 1-2.) The United States commenced this action, pursuant to 26 U.S.C. 7402, to reduce to judgment tax assessments made against GZ Construction. Id. at 2-3....
ORDER ON MOTION TO COMPEL DISCOVERY BRUCE J. McGIVERIN , Magistrate Judge . Carmelo Rom n, Ricardo Rom n, and SDM Holdings, Inc. (collectively "Rom n") move to compel the production of documents by UBS Financial Services, Inc. of Puerto Rico, its affiliated entities, Miguel A. Ferrer ("Ferrer"), and Carlos J. Ortiz (collectively "UBS"). Pls.' October 13, 2015 Mot. Compel ("Second Motion to Compel"), Docket No. 197. After explaining the procedural history in this case, I find that the...
OPINION and ORDER GUSTAVO A. GELP , United States District Judge . In this Sherman Act, 15 U.S.C. 1 (2004) antitrust case, the defendants filed a motion to dismiss for lack of jurisdiction, asserting that the Sherman Act does not apply to Puerto Rico because it is not a State. (Docket No. 41.) In response, the Government argues that Puerto Rico is indeed a State for the purposes of the Sherman Act since C rdova & Simonpietri Ins. Agency Inc. v. Chase Manhattan Bank N.A. , 649 F.2d 36...
MEMORANDUM AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . The FDIC-R initiated this action to recover damages that it attributes to the gross negligence and breach of fiduciary duties of Directors and Officers of R-G Premier Bank of Puerto Rico ("D&Os"). Before the court is the "The D&Os' Urgent Motion to Strike More than Two-Hundred Unpleaded, Purported Allegations from the FDIC's Expert Report of Richard W. George, Incorporating Motion for Expedited Treatment" (Docket No. 580),...
MEMORANDUM AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . Before the court is codefendant H ctor Pesquera's "Motion to Dismiss Pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure and Special Appearance, for the Sole Purpose of this Motion, on Behalf of Codefendant Hector Pesquera" (Docket No. 46). The motion is DENIED for lack of good cause and absence of excusable neglect to justify the codefendant's request. I. BACKGROUND On December 24, 2013, plaintiff...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on October 7, 2015 ( D.E. 260 ) on a Rule 11 proceeding of defendant [8] Hermes Torres-V zquez before U.S. Magistrate-Judge Camille L. V lez-Riv on October 6, 2015, 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 October 2, 2015 ( D.E. 252 ) on a Rule 11 proceeding of defendant [14] Omar de Jes s-Negr n before U.S. Magistrate-Judge Camille L. V lez-Riv on October 1, 2015, 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 October 2, 2015 ( D.E. 251 ) on a Rule 11 proceeding of defendant [9] F lix Javier de Jes s-Negr n before U.S. Magistrate-Judge Camille L. V lez-Riv on October 1, 2015, 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...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on October 2, 2015 ( D.E. 253 ) on a Rule 11 proceeding of defendant [15] Jaset Garrafa-Lebr n before U.S. Magistrate-Judge Camille L. V lez-Riv on October 1, 2015, 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 October 9, 2015 ( D.E. 159 ) on a Rule 11 proceeding of defendant [1] Joel Merced-Mercano before U.S. Magistrate-Judge Camille L. V lez-Riv on October 8, 2015, 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 October 20, 2015 ( D.E. 166 ) on a Rule 11 proceeding of defendant [4] Pablo L pez-Lebr n before U.S. Magistrate-Judge Camille L. V lez-Riv on October 16, 2015, 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 October 9, 2015 ( D.E. 160 ) on a Rule 11 proceeding of defendant [2] H ctor Santiago-Rodr guez before U.S. Magistrate-Judge Camille L. V lez-Riv on October 8, 2015, 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...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on October 9, 2015 ( D.E. 161 ) on a Rule 11 proceeding of defendant [3] Efra n Rivera-Rom n before U.S. Magistrate-Judge Camille L. V lez-Riv on October 8, 2015, 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 October 26, 2015 ( D.E. 167 ) on a Rule 11 proceeding of defendant [11] Lourdes Col n-Col n before U.S. Magistrate-Judge Marcos E. L pez on September 11, 2015, to which no objection 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 the...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on September 14, 2015 ( D.E. 132 ) on a Rule 11 proceeding of defendant [10] Carlos Calder n-D az before U.S. Magistrate-Judge Bruce J. McGiverin on September 9, 2015, 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 September 14, 2015 ( D.E. 131 ) on a Rule 11 proceeding of defendant [9] Marielexy Cestary-Rold n before U.S. Magistrate-Judge Bruce J. McGiverin on September 9, 2015, to which no objection 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 September 14, 2015 ( D.E. 130 ) on a Rule 11 proceeding of defendant [7 Mitza V zquez-Mel ndez before U.S. Magistrate-Judge Bruce J. McGiverin on September 9, 2015, to which no objection 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 the...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on September 14, 2015 ( D.E. 129 ) on a Rule 11 proceeding of defendant [6] Joel D az-Rosario before U.S. Magistrate-Judge Bruce J. McGiverin on September 9, 2015, 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 ON PETITION FOR WRIT OF ERROR CORAM NOBIS JOSE ANTONIO FUSTE , U. S. DISTRICT JUDGE . "In federal courts, the maxim, `if at first you don't succeed, try, try again' does not apply." In re Moncier, 488 Fed.Appx. 57, 60 (6th Cir.2012). It is a maxim that petitioner Juan Manuel Cruzado-Laureano ("Cruzado") has failed to accept. On July 13, 2015, Cruzado petitioned the court under 28 U.S.C. 1651(a) for a writ of error coram nobis, which the First Circuit Court of Appeals has...
