OPINION & ORDER AIDA M. DELGADO-COL N , District Judge . Before the Court is a Report and Recommendation ("R&R") issued by Magistrate Judge Bruce J. McGiverin, recommending the Court grant a motion for partial dismissal filed by the Federal Deposit Insurance Corporation ("FDIC") as Receiver of Doral Bank. ECF Nos. 70, 124. The "Appearing Plaintiffs," a shorthand used by the parties and Magistrate Judge and adopted herein to reference a large group of plaintiffs involved in this matter,...
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On September 5, 2018, a grand jury returned an indictment against [4] Jos Edgardo-Rivera (hereinafter referred to as "defendant"). ECF No. 30. Defendant has agreed to plead guilty to count one of the indictment. Count one charges the defendant of illegal possession of a machine gun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2)....
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On September 5, 2018, a grand jury returned an indictment against [5] Wilcelino Mel ndez- vila 1 (hereinafter referred to as "defendant"). ECF No. 30. Defendant has agreed to plead guilty to count one of the indictment. Count one charges the defendant of illegal possession of a machine gun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE: RULE 11(c)(1)(B) GUILTY PLEA HEARING MARSHAL D. MORGAN , Magistrate Judge . I. Procedural Background On June 23, 2016, defendant Samuel Rivera Rodriguez was charged in a multi-count first superseding indictment. He agrees to plead guilty to Count Six and Count Nine. Count Six charges that on or about July 13, 2012, in Guayama, Puerto Rico, in the District of Puerto Rico elsewhere, and within the jurisdiction of this Court, Samuel...
ORDER BRUCE J. McGIVERIN , Magistrate Judge . Plaintiff Noem Nieves Flor n ("Nieves") brought this action against Doctors' Center Hospital ("Doctors"), Dr. Maritza Loinaz-Rivera ("Dr. Loinaz"), and their insurers, alleging violations of the Emergency Medical Treatment and Labor Act ("EMTALA" or "the Act"), 42 U.S.C. 1395dd, and medical malpractice under Article 1802 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, 5141. Dkt. 126 ("Am. Compl."). On October 28, 2019, Doctors...
OPINION AND ORDER GUSTAVO A. GELP , Chief District Judge . Before the Court is an unopposed Motion to Dismiss ( d.e. 20 ) filed February 19, 2020 by defendants Yelitza Marie Gonz lez M ndez, Cristina Marie Gonz lez M ndez and Junior Gonz lez M ndez ("appearing defendants"). Appearing defendants seek dismissal of this foreclosure action under 31 L.P.R.A. 2787-2790, which govern acceptance and repudiation of an inheritance. In compliance with 31 L.P.R.A. 2790, appearing defendants...
OPINION AND ORDER JAY A. GARCIA-GREGORY , District Judge . Plaintiff Marisol Micheo Acevedo ("Ms. Micheo") brought this diversity suit against Defendant Stericycle of Puerto Rico, Inc. ("Stericycle") alleging retaliation in violation of Puerto Rico Law No. 115 of December 20, 1991, P.R. LAWS ANN. tit. 29, 194a ("Law No. 115"); and unjust dismissal in violation of the Puerto Rico Law No. 80 of May 30, 1976, P.R. LAWS ANN. tit. 29 185a-185m, ("Law No. 80"). Docket No. 14. Before the...
OPINION AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . Plaintiff initiated this action under the Civil Rights Act of 1871, 42 U.S.C. 1983, alleging that compulsory union membership and fee requirements in a collective bargaining agreement between his employer and a labor union, and in the Puerto Rico Labor Relations Act, Law No. 130 of May 8, 1945, P.R. Laws Ann. tit. 29 61 et seq ., violate the First and Fourteenth Amendments (Docket No. 1). Before the court are "Plaintiff...
OPINION AND ORDER AIDA M. DELGADO-COL N , District Judge . Pending before the Court are co-defendant Oshale Reid's motion to dismiss the indictment ( ECF No. 53 ) 1 , and the government's opposition thereto ( ECF No. 58). For the reasons set forth below, co-defendant's motion to dismiss ( ECF No. 53 ) is DENIED. I. Introduction and procedural history On April 3, 2019, a federal grand jury indicted co-defendants, charging them with conspiracy to illegally possess marihuana with intent...
OPINION AND ORDER RA L M. ARIAS-MARXUACH , District Judge . Pending before the Court is Defendant Emmanuel Gazmey-Santiago's Motion to Dismiss for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). (Docket No. 17). Having considered the parties' submissions in support and opposition thereto, the Court GRANTS the Motion to Dismiss. Simply put, the Second Amended Complaint fails to plausibly aver "actual malice," which is a...
REPORT AND RECOMMENDATION ON PLEA OF GUILTY SILVIA CARRE O-COLL , Magistrate Judge . I. PROCEDURAL BACKGROUND On March 15, 2018, defendant Kevin Almodovar-Toro-Marrero was charged in a multi-count indictment. On February 10, 2020, the defendant, assisted by the court interpreter, appeared before me and agreed to plead guilty to counts one and two of the indictment. See United States v. Woodard, 387 F.3d 1329 (11th Cir. 2004) (holding that a magistrate judge may, with the defendant's...
OPINION & ORDER AIDA M. DELGADO-COL N , District Judge . Before the Court is defendant Eduard Mercedes-Abreu's ("Mercedes") Motion to Suppress, which is joined by Mercedes' wife and co-defendant, Raquel Rodr guez ("Rodr guez," collectively, "defendants"). ECF Nos. 61, 62, 75. The government opposed the motion to suppress. ECF No. 64. The Court conducted an evidentiary hearing on the matter during which Puerto Rico Police Department ("PRPD") Homicide Division Agent Pedro Medina-Negr n (...
OPINION & ORDER AIDA M. DELGADO-COL N , District Judge . Before the Court is defendant Benjam n Mel ndez-Rivera's ("defendant") motion to suppress. ECF No. 207. 1 The government responded in opposition. ECF No. 210. The Court held an evidentiary hearing on the matter on August 22, 2019. ECF No. 224. For the following reasons, the motion to suppress is DENIED. I. Background Defendant is charged with one count of conspiracy to interfere with commerce by robbery, 18 USC 1951, two...
REPORT AND RECOMMENDATION ON PLEA OF GUILTY SILVIA CARRE O-COLL , Magistrate Judge . I. PROCEDURAL BACKGROUND On June 12, 2017, defendant Karina Alamo-Marrero was charged in a multi-count second superseding indictment. On February 11, 2020, the defendant, assisted by the court interpreter, appeared before me and agreed to plead guilty to count eleven of the second superseding indictment. See United States v. Woodard, 387 F.3d 1329 (11th Cir. 2004) (holding that a magistrate judge may,...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE: RULE 11(c)(1)(B) GUILTY PLEA HEARING MARSHAL D. MORGAN , Magistrate Judge . I. Procedural Background On June 12, 2017, defendant Stephanie Herrera-Montanez was charged in a multi-count second superseding indictment. She agrees to plead guilty to Count One and Count Eight. Count One charges her with conspiring to violate 18 U.S.C. 1962(c), namely, that beginning in or about the year 2005, and up to and until April 2016, in the...
MEMORANDUM AND ORDER JAY A. GARCIA GREGORY , District Judge . Pending before the Court are co-Defendants Warner Chappell Music and Sony's ("Moving Defendants") unopposed Motion to Dismiss the Third Amended Complaint, Docket No. 107; and On Fire Music, Inc. and On Fire Music Publishing, Inc.'s ("OFM Defendants") Motion for Joinder and for Partial Dismissal, Docket No. 110. For the reasons stated below, Moving Defendants' Motion to Dismiss is hereby GRANTED IN PART and DENIED IN PART ;...
OPINION AND ORDER GUSTAVO A. GELPI , United States District Judge . On December 20, 2018, the Government for the Commonwealth of Puerto Rico ("Government" or "Commonwealth"), in its parens patriae capacity and on behalf of the people of the Puerto Rico, filed suit against several companies and private individuals ("Defendants") 1 involved in the flexible polyurethane foam's industry 2 for allegedly conspiring to price-fix products from January 1, 1999 up to the present. (Docket No. 1)....
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On September 5, 2018, a grand jury returned an indictment against [1] Joendy Omar Negr n-Laporte (hereinafter referred to as "defendant"). ECF No. 30. Defendant has agreed to plead guilty to count one of the indictment. Count one charges the defendant of illegal possession of machine guns, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(...
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On September 5, 2018, a grand jury returned an indictment against [3] Edwin R os-Luciano (hereinafter referred to as "defendant"). ECF No. 30. Defendant has agreed to plead guilty to count one of the indictment. Count one charges the defendant of illegal possession of a machine gun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2)....
REPORT AND RECOMMENDATION RE: RULE 11 PROCEEDINGS (PLEA OF GUILTY) MARCOS E. L PEZ , Magistrate Judge . I. Procedural Background On September 5, 2018, a grand jury returned an indictment against [6] Neftal Jurado-Rivera (hereinafter referred to as "defendant"). ECF No. 30. Defendant has agreed to plead guilty to count one of the indictment. Count one charges the defendant of illegal possession of a machine gun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2)....
