AMENDED OPINION AND ORDER NUNC PRO TUNC JUAN M. P REZ-GIM NEZ , District Judge . Before the court is defendants' motion for partial summary judgment (Docket No. 102), plaintiffs' oppositions (Dockets No. 119, 135, 150) and defendants' reply thereto (Docket No. 141). For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART the defendants' motion. I. BACKGROUND On February 29, 2016, Luis Santos Cordova, Ramon Agosto Sanchez, Luis Burgos Curcio, Anthony Ayala Nieves,...
OPINION AND ORDER GUSTAVO A. GELPI , District Judge . Secretary of Labor, U.S. Department of Labor, R. Alexander Acosta 1 ("Plaintiff") sued Defendants Special Police Force Corp. ("SPF"), H ctor Rivera Ortiz ("Rivera"), and Freddy De Jesus ("De Jesus") (collectively "Defendants"), under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et seq . ("FLSA" or "Act"), alleging minimum wage, overtime, and record keeping violations under the FLSA. (Docket No. 1 33-37)....
OPINION AND ORDER JUAN M. P REZ-GIM NEZ , Senior District Judge . Before the court is defendants' motion for partial summary judgment (Docket No. 102), plaintiffs' oppositions (Dockets No. 119, 135, 150) and defendants' reply thereto (Docket No. 141). For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART the defendants' motion. I. BACKGROUND On February 29, 2016, Luis Santos Cordova, Ramon Agosto Sanchez, Luis Burgos Curcio, Anthony Ayala Nieves, Neftali Garcia...
OPINION AND ORDER BESOSA , District Judge . On September 25, 2015 the United States of America ("United States") filed a complaint against the Puerto Rico Industrial Development Company ("PRIDCO") pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9607 et seq. (Docket No. 1.) Subsequently, the United States filed an amended complaint. (Docket No. 8.) PRIDCO answered the amended complaint. (Docket No. 11.) Additionally, PRIDCO...
STATEMENT OF REASONS CARMEN CONSUELO CEREZO , District Judge . The plaintiffs' Motion to Remand (d.e. 13) was denied on September 29, 2017 (d.e. 27). The Court now provides its statement of reasons in support thereof. This putative shareholder derivative and class action was removed by defendant Banco Santander, S.A. (BSSA) from the Court of First Instance of the Commonwealth of Puerto Rico, Superior Court of San Juan, on October 25, 2016 pursuant to the Class Action Fairness Act of 2005,...
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On August 24, 2017, Jes s Leonel L pez-Mojica (hereinafter referred to as "defendant"), assisted and represented by counsel, waived his right to be charged by means of an indictment, consented to the filing of an information, and entered a guilty plea as to count one of the information. Count one charges that on or about December 20, 2016, in the District of...
OPINION AND ORDER DANIEL R. DOM NGUEZ , District Judge . Pending before the Court is Defendants' Motion to Dismiss . See Docket No. 50. Specifically, the controversy at hand requires a determination as to whether Plaintiff followed the procedures agreed by the parties in the mortgage deed prior to filing the instant foreclosure proceedings. For the reasons stated herein, the Court DENIES Defendants' motion to dismiss. I. FACTUAL AND PROCEDURAL OVERVIEW This foreclosure action arises...
MEMORANDUM AND ORDER FRANCISCO A. BESOSA , District Judge . Before the Court is plaintiff Parker Waichman LLP ("Parker")'s motion for reconsideration pursuant to Federal Rule of Civil Procedure 59(e). (Docket No. 150.) Parker requests that the Court reconsider its Opinion and Order granting the dismissal of Parker's claim for specific performance. See Docket No. 142. Parker also seeks reconsideration of this Court's Order denying Parker's motion to compel. See Docket No. 147....
OPINION AND ORDER DANIEL R. DOM NGUEZ , District Judge . I. PROCEDURAL HISTORY Plaintiffs Alexis Caraballo-Rivera, Hector M. Vazquez-Garcia, Doroteo Sanchez-Cruz, Daniel Valentin-Garcia, Carlos J. Pacheco-Estrada, Luis A. Perez-Bernard, and Roberto Velez-Garcia (collectively, "Plaintiffs") filed a Complaint (Docket No. 1) on May 29, 2014 against Hon. Alejandro Garcia-Padilla, Harold Gonzalez-Rosado, and Arturo Gonzalez (collectively, "Defendants"), all in their official and personal...
OPINION AND ORDER DANIEL R. DOM NGUEZ , United States District Judge . FirstBank of Puerto Rico v. Rosta Family Limited Partnership, et al. was filed on April 25, 2016, as Civil Case No. 16-1816 (DRD), and consolidated with the following cases: Civil Case No. 15-1683, Civil Case No. 15-1684 and Civil Case No. 15-1685. See Docket No. 27. INTRODUCTION Pending before the Court is a Motion for Summary Judgement in Case No. N3CI201400650 ("Motion for Summary Judgement") filed on...
OPINION AND ORDER BESOSA , District Judge . Before the Court is defendant Juan Bravo-Fernandez's ("Bravo") and defendant Hector Martinez-Maldonado's ("Martinez") joint post-trial motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 ("Rule 29"). (Docket No. 971.) For the reasons set forth below, the Rule 29 motion is DENIED. I. BACKGROUND Because the parties are familiar with the facts of this case, the Court will not repeat them here except where necessary....
OPINION AND ORDER JUAN M. P REZ-GIM NEZ , District Judge . Before the court is defendants' motion for summary judgment (Docket No. 62), plaintiffs' opposition (Docket No. 81) and defendants' reply thereto (Docket No. 70). For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART the defendants' motion. I. BACKGROUND January 9, 2014, plaintiffs David Cruz ("Cruz"), Wanda Miranda ("Miranda") and their Conjugal Partnership filed the above-captioned complaint against...
OPINION AND ORDER DANIEL R. DOMINGUEZ , District Judge . BACKGROUND Pro se Plaintiff Obe Johnson ("Plaintiff") filed suit under 42 U.S.C. 1983 against Defendants Instituci n Correccional Sabana Hoyos ("Institution"), Sergeant Gonzalez 1 ("Gonzalez"), and an unknown prison guard at Instituci n Correccional Sabana Hoyos (collectively "Defendants"), where Plaintiff was imprisoned at all times relevant to the complaint. Plaintiff alleges Defendants violated his Eight Amendment right...
OPINION AND ORDER BESOSA , District Judge . Before the Court is a motion to compel arbitration and stay proceedings filed by defendants AT & T Mobility Puerto Rico, Inc. ("AT & T"), Angel Couvertier L pez ("Couvertier"), Carlos Deliz ("Deliz"), and Victor Pab n ("Pab n"). (Docket No. 13.) Plaintiff Nereida Rivera Col n ("Rivera") filed suit against defendants pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e ("Title VII"), as amended by the Civil Rights Act of 1991,...
OPINION AND ORDER CARMEN CONSUELO CEREZO , District Judge . Plaintiffs Carmelo Rom n, Ricardo Rom n-Rivera and SDM Holdings, Inc., individually and on behalf of all others similarly situated, filed on August 13, 2012, this action (d.e. 1) 1 typified as a `Class Action Complaint' and included 10 defendants: two corporate defendants, UBS Services Inc. of Puerto Rico ("UBS PR"), a broker dealer and a subsidiary of UBS Financial Services, Inc. and UBS Trust Company of Puerto Rico, ("UBS Trust"...
OPINION AND ORDER CARMEN CONSUELO CEREZO , District Judge . Plaintiff Reverse Mortgage, Solutions Inc. filed the instant foreclosure action against defendants the Estate of Enrique V lez-Yumet, composed by Isabel Rivera-Fuertes, Jos V lez-Rodr guez and Enrique N. V lez-Rodr guez, Isabel Rivera-Fuertes, Centro de Recaudaci n de Ingresos Municipales, Departamento de Hacienda de Puerto Rico, and the United States of America on August 24, 2016. Defendant Enrique N. V lez-Rodr guez ("V lez-...
OPINION AND ORDER DANIEL R. DOM NGUEZ , District Judge . On January 16, 2017, Plaintiff Mar a Rodr guez-D az ("Plaintiff") filed a Second Amended Complaint seeking damages for the death of her son, Angel Luis Fern ndez-Rodr guez, allegedly caused by Defendant Jean Andr s P rez Rodr guez's ("Defendant") negligence on September 27, 2013. Plaintiff, as the sole member of her son's estate, filed a survivorship claim to recover for her son's pain and suffering prior to his death. See Docket...
OPINION AND ORDER DANIEL R. DOMINGUEZ , District Judge . Pending before the Court are several Motions in Limine filed by both parties (Docket Nos. 206, 209, 213, and 214) and the respective responses in opposition (Docket Nos. 228, 231, and 234). Plaintiffs Maria Rodriguez-Diaz, Maria Ferrer, and Carmen Cruz ("Plaintiffs") move to exclude the admission of the "black box" data from Angel Luis Fernandez-Rodriguez's ("the decedent") Honda Civic. Defendants Jean Perez-Rodriguez, Marcel...
OPINION AND ORDER JAY A. GARCIA-GREGORY , District Judge . Plaintiff Rafael Fortu o Brown ("Plaintiff") filed the instant action alleging that he was wrongfully and discriminately denied Long Term Disability ("LTD") benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq. , against Lilly Del Caribe, Inc., Eli Lilly and Company, Inc. (of Puerto Rico), Anthem Life and Disability Insurance Company ("Anthem"), Sedgwick Claims Management Services, Inc. ("...
OPINION AND ORDER CARMEN CONSUELO CEREZO , District Judge . On September 30, 2015, the Court issued an Order granting a Motion for Summary Judgment filed by defendants Banco Popular de Puerto Rico (BPPR) and Fundaci n Banco Popular (Fundaci n) on January 20, 2015 (d.e. 32) and opposed by plaintiffs on March 13, 2015 (d.e. 50). Judgment was entered on that same date (d.e. 81). On October 30, 2015, the Court issued its Statement of Reasons: Findings of Fact and Conclusions of Law (d.e. 84)...
