AMENDED OPINION AND ORDER DANIEL R. DOM NGUEZ, District Judge. Following a criminal investigation by United States Department of Justice's Antitrust Division (the "DOJ"), Plaintiffs filed suit under the Sherman Act, 15 U.S.C. 1 and 3. 1 The instant case is comprised of a compilation of cases sent to this District Court to be handled as a multi-district litigation. Plaintiffs represent a Class comprised of direct purchasers of waterborne cabotage between Puerto Rico and the United States,...
OPINION AND ORDER DANIEL R. DOMINGUEZ, District Judge. Pending before this Court is a Motion to Dismiss and memorandum in support, filed by the United States of America, 1 Docket entries No. 20 and 21. The United States specifically moves the Court to dismiss the present case due to: (a) lack of jurisdiction; (b) lack of personal jurisdiction, and (c) the Amended Complaint fails to state a claim upon which relief can be granted. As of this date, the dismissal request stands unopposed....
OPINION AND ORDER DANIEL R. DOMINGUEZ, District Judge. Pending before the Court are: (a) Motion to Dismiss pursuant to F.R.C.P. 12(b)(6) (Docket No. 9) filed by Defendant Oriental Financial Group Inc. ("Oriental"); and (b) Opposition to the Motion to Dismiss (Docket No. 10) filed by Plaintiff Rafael Limardo Rodriguez ("Limardo"). For the reasons set forth below, Oriental's Motion to Dismiss is DENIED. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Limardo filed a Complaint on December 3, 2010...
OPINION AND ORDER SALVADOR E. CASELLAS, Senior District Judge. Before the Court are third party defendant Chardon/Hato Rey Partnership S.E.'s ("Chardon") motion to dismiss (Docket #230), third-party plaintiffs Electro Mechanical Corporation d/b/a/ ("Federal Pacific"), Alarm & Control System Co. d/b/a/ ("Acotrol"), together with Rimco Inc.'s ("Rimco") oppositions thereto (Dockets # 233, 239 & 244), and Chardon's replies (Dockets # 242, 247 & 249). Also before this Court is third-party...
OPINION AND ORDER BESOSA, District Judge. On March 7, 2011, the jury issued a verdict finding defendant Martinez guilty of conspiracy and federal program bribery, and finding defendant Bravo guilty of conspiracy, a Travel Act violation, and federal program bribery. On March 14, 2011, defendants moved for judgment of acquittal under Rule 29. (Docket Nos. 449 & 450.) On March 21, 2011, the government opposed defendants' motions. (Docket No. 465.) BACKGROUND The Court will not rehash the...
MEMORANDUM AND ORDER BESOSA, District Judge. On August 22, 2011, the United States filed a motion to permit the disclosure of Jorge de Castro-Font's grand jury testimony to the probation officers in order to assist them in the preparation of the presentence investigation reports for defendants Hector Martinez and Juan Bravo. (Docket No. 564.) Defendants filed a joint opposition to the government's motion on August 25, 2011. (Docket No. 566.) On August 26, 2011, the government filed a reply in...
OPINION AND ORDER BESOSA, District Judge. Pending before the Court is the issue of whether declaring a mistrial with respect to the jury's findings regarding Count One of the indictment against defendant Hector Martinez-Maldonado would result in a double jeopardy violation. For the reasons stated below, the Court finds that no double jeopardy violation would occur; accordingly, Count One is dismissed as to defendant Martinez without prejudice. I. Procedural History On March 7, 2011, the...
OPINION AND ORDER GUSTAVO A. GELP , District Judge. Consolidated Plaintiffs in this matter, Lizzette M. Bouret Echevarria, Nicole Vidal Bouret, Catherine Vidal Bouret, and Camille Vidal Bouret ("Plaintiffs") commenced this action seeking compensatory damages against the named defendants, Robinson Helicopter Company ("RHC"), Caribbean Aviation Maintenance Corporation ("CAM"), et al. (collectively "Defendants") under Article 1802 of the Puerto Rico Civil Code ("Article 1802"), P.R. Laws Ann....
OPINION AND ORDER GUSTAVO A. GELPI, District Judge. Plaintiffs Walter Mercado-Salinas ("Mercado") and Astromundo, Inc. (collectively "Plaintiffs") brought this case in the Puerto Rico Court of First Instance against Defendants Bart Enterprises International, LTD. ("Bart"), Walter International Productions, Inc., Waltervision, Inc., Waltervision Productions, Inc., Walter Mercado Radio Productions, Inc., Walter Mercado Enterprises, Corp., Arcane Creative LLC and Guillermo Bakula ("Bakula") (...
OPINION AND ORDER GUSTAVO A. GELP , District Judge. Plaintiff Hunter Wylie ("Plaintiff"), derivatively on behalf of W Holding Company, Inc. ("W Holding"), brought suit against certain officers and directors of W Holding for alleged violations of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7201 et seq.; breach of their fiduciary duties as directors of W holding; waste of corporate assets; unjust enrichment; and violations of Puerto Rico General Corporations Law of 1995, P.R. Laws Ann. tit....
OPINION AND ORDER BESOSA, District Judge. On April 5, 2011, defendants filed a joint motion for a new trial and the recusal of the undersigned for future proceedings. (Docket No. 477.) The government filed its opposition to defendants' joint motion on May 9, 2011. (Docket No. 483.) Defendant Martinez filed a supplemental motion on May 11, 2011 (Docket No. 484), both defendants filed replies (Docket Nos. 488 and 489), the government filed a sur-reply (Docket No. 492) and defendants filed a sur-...
OPINION AND ORDER JOS ANTONIO FUST , District Judge. Before the Court is Defendant AMR Corporation d/b/a American Airlines, Inc.'s ("American") motion for summary judgment ( No. 15 ). Said motion is unopposed (Nos. 19 and 20). Plaintiff filed the instant case in the Superior Court of Puerto Rico alleging violations of Law 80 of May 30, 1976 ("Law 80"), P.R. Laws Ann. tit. 29, 185a et seq. Thereafter, Defendant removed the case to the District Court for the District of Puerto Rico and...
OPINION AND ORDER BRUCE J. McGIVERIN, United States Magistrate Judge. Before the court are cross-motions for summary judgment filed by plaintiffs Asociaci n de Enfermer a Visitante Gregoria Auffant, Inc. ("AEVGA") and Plan de Beneficios Definidos de AEVGA ("Pension Plan") (collectively, "AEVGA" or "plaintiffs") and defendant General American Life Insurance Company ("General American" or "defendant") on plaintiffs' sole remaining claim from their complaint (Docket Nos. 1-5, 1-6) under Section...
OPINION AND ORDER JOS ANTONIO FUST , Chief Judge. Plaintiff alleges gender discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-16(a), and discrimination on the basis of a perceived disability, in violation of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. 791-796. 1 (Docket No. 1.) He also alleges that Defendants retaliated against him for protected activity, in violation of both Title VII and the Rehabilitation Act....
OPINION AND ORDER GUSTAVO A. GELPI, District Judge. Plaintiff in this matter, General Motors, LLC ("GM") brought suit against Royal Motors Corporation ("RMC") seeking a judgment from this court declaring that GM is legally within its rights to terminate its motor vehicle dealer agreement with RMC. Plaintiffs brought this action pursuant to the federal Declaratory Judgment Act, 28 U.S.C. 2201 and pray that this court has jurisdiction over this matter pursuant to 28 U.S.C. 1332. Presently...
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE BRUCE J. McGIVERIN GUSTAVO A. GELP , District Judge. On December 6, 2010, Magistrate Judge Bruce J. McGiverin filed a report and recommendation (Docket No. 80) regarding two motions to dismiss (Docket Nos. 45 & 66) filed in the instant case. The motion to dismiss at Docket No. 45 was filed by defendant Caribbean Pension Consultants, Inc. ("CPC"). The motion to dismiss at Docket No. 66 was filed by various defendants,...
MEMORANDUM AND ORDER BESOSA, District Judge. On November 15, 2010, defendants Bravo and Martinez filed the following motions: (1) joint discovery status report and motion to compel discovery; (2) joint motion to strike surplusage; and (3) joint motion for a bill of particulars. (Docket Nos. 94, 91 and 92.) On November 24, 2010, the government filed oppositions to all of defendant's motions. (Docket Nos. 104, 105 and 106.) For the reasons described below, all three of defendants' motions are...
MEMORANDUM AND ORDER BESOSA, District Judge. On June 8, 2011, defendant Carlos Aponte-Sobrado ("Aponte") filed a pro se motion to suppress a co-defendant's statements to the FBI and a photo lineup identification of defendant. (Docket No. 513.) On June 19, 2011, the government opposed the motion. (Docket No. 532.) For the reasons described below, the Court DENIES defendant Aponte's motion to suppress. DISCUSSION Defendant Aponte seeks to suppress statements made by co-defendant Noel...
OPINION AND ORDER 1 BESOSA, District Judge. Before the Court is a motion in compliance with the Court's order requiring plaintiff Jose Julian Cruz-Berrios ("plaintiff" or "Cruz-Berrios") to indicate whether he properly exhausted available administrative remedies before filing suit in this Court in accordance with the Prison Litigation Reform Act of 1995 ("PLRA"), 42 U.S.C. 1997e(a). (Docket No. 138.) Having considered plaintiff's motion along with defendants' response, the Court notes...
MEMORANDUM AND ORDER BESOSA, District Judge. On April 5, 2011, Juan Bravo-Fernandez ("Bravo") and Hector Martinez-Maldonado ("Martinez") (collectively, "defendants") moved this Court to conduct a hearing to investigate possible juror misconduct during their trial. (Docket No. 475.) On May 9, 2011, the government filed an opposition to defendants' motion. (Docket No. 482.) On May 16, 2011, defendants filed a reply. (Docket No. 488.) Defendants argue that information revealed in an anonymous...
