MEMORANDUM AND ORDER BESOSA, District Judge. The First Circuit Court of Appeals has vacated defendants Bravo and Martinez's 18 U.S.C. 666 convictions and remanded the case for further proceedings. United States v. Fernandez, 722 F.3d 1 , 39 (1st Cir.2013). Explaining that the jury instructions permitted the jury to convict under a legally erroneous gratuity theory, the court of appeals indicated that "[t]he government may not pursue a conviction on that ground if Defendants are retried."...
OPINION AND ORDER SALVADOR E. CASELLAS, Senior District Judge. Before the Court are third-party plaintiff and the third-party defendant's cross-motions for summary judgment (Dockets # 340 & 425), and the parties' respective responses and reply memoranda. Dockets # 425, 433, 444. Also pending are third-party defendant's motion under Rule 56(d) (Docket # 382), the third-party plaintiff's opposition thereto (Docket # 395), and their respective replies. Dockets # 409 & 415. After reviewing the...
OPINION AND ORDER SALVADOR E. CASELLAS, Senior District Judge. Before the Court are the parties' cross-motions for summary judgment (Dockets #44 & 47), and their consolidated response and reply memoranda. Dockets #51 & 53. After reviewing the filings and the applicable law, each party's motion is GRANTED in part and DENIED in part. Factual and Procedural Background Members of the Acropora family, elkhorn and staghorn (collectively, Acropora or Corals) are two of the major reef-building...
OPINION AND ORDER GUSTAVO A. GELP , District Judge. On October 12, 2012, Eliezer Rodr guez Cede o ("Plaintiff") filed the instant action under the court's diversity jurisdiction, alleging medical malpractice against St. Luke's Hospital d/b/a Hospital San Lucas ("St. Luke's or Defendant") and various other defendants. (Docket No. 1.) Pending before the court is Defendant's motion for partial summary judgment. (Docket No. 102.) Defendant seeks a declaration that the Regional Academic Medical...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on July 29, 2013 ( docket entry 1278 ) on a Rule 11 proceeding of defendant William Flores-Lespier (19) held before U.S. Magistrate Judge Camille L. V lez-Riv on July 24, 2013, 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 August 12, 2013 ( docket entry 394 ) on a Rule 11 proceeding of defendant [39] Angel M. Oliveras-Saettone held before U.S. Magistrate Judge Bruce J. McGiverin on August 9, 2013, 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 August 2, 2013 ( docket entry 918 ) on a Rule 11 proceeding of defendant Javier de Jes s-Gonz lez (39) held before U.S. Magistrate Judge Silvia Carre o-Coll on July 18, 2013, 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 August 2, 2013 ( docket entry 917 ) on a Rule 11 proceeding of defendant Jos B ez-Le n (22) held before U.S. Magistrate Judge Silvia Carre o-Coll on July 16, 2013, 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 August 2, 2013 (docket entry 371) on a Rule 11 proceeding of defendant [13] Joseph Rivera-B ez held before U.S. Magistrate Judge Silvia Carre o-Coll on July 29, 2013, 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 23, 2013 ( docket entry 904 ) on a Rule 11 proceeding of defendant Luis E. Acevedo-Oquendo (10) held before U.S. Magistrate Judge Silvia Carre o-Coll on June 27, 2013, 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 July 21, 2013 ( docket entry 894 ) on a Rule 11 proceeding of defendant Jorge Omar Vicenty-Mel ndez (2) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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 July 21, 2013 ( docket entry 895 ) on a Rule 11 proceeding of defendant Edwin Mar n-Mart nez (4) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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 BESOSA, District Judge. Before the Court is defendant Camilo Velazquez-Velez ("Velazquez"), defendant Banco Popular's ("BPPR"), and defendant Luis F. Carlo-Mendoza's ("Carlo") motions to dismiss the case and motions for summary judgment. (Docket Nos. 34 & 40.) Also before the Court is plaintiff Abigail Arroyo's ("Arroyo") motion for summary judgment. (Docket No. 82.) After reviewing the motions and the relevant responses and replies, the Court GRANTS defendants Velazquez's...
ORDER CARMEN CONSUELO CEREZO, District Judge. Having considered the Report and Recommendation filed on July 24, 2013 ( docket entry 368 ) on a Rule 11 proceeding of defendant Brian Osorio-Padilla (10) held before U.S. Magistrate Judge Silvia Carre o-Coll on July 12, 2013, 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 24, 2013 ( docket entry 1271 ) on a Rule 11 proceeding of defendant Jos M. Albizu-Rivera (13) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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 24, 2013 ( docket entry 1270 ) on a Rule 11 proceeding of defendant Sotero Gonz lez-L pez (26) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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 24, 2013 ( docket entry 1269 ) on a Rule 11 proceeding of defendant F lix Maldonado-R os (27) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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 24, 2013; ( docket entry 1268 ) on a Rule 11 proceeding of defendant Melvin J. Ojeda-V zquez (31) held before U.S. Magistrate Judge Marcos E. L pez on July 17, 2013, 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 July 19, 2013 ( docket entry 1258 ) on a Rule 11 proceeding of defendant Carlos R. Rodr guez-Vega (24) held before U.S. Magistrate Judge Marcos E. L pez on July 17, 2013, 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 July 19, 2013 ( docket entry 1243 ) on a Rule 11 proceeding of defendant William Rosado-Guzm n (21) held before U.S. Magistrate Judge Marcos E. L pez on July 16, 2013, 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...
