OPINION AND ORDER MARCOS E. L PEZ , Magistrate Judge . Pending before the court is Lavinia Cardoza Negr n's ("Plaintiff") appeal from the decision of the Commissioner of Social Security ("the Commissioner") denying her application for disability benefits. Plaintiff, who previously worked as an administrative assistant, contends that the administrative law judge improperly relied on her Global Assessment of Functioning score and on her ability to take care of her personal needs, that the...
OPINION AND ORDER JUAN M. PER Z-GIM NEZ , Senior District Judge . Before the court is codefendant MAPFRE's motion to dismiss, and plaintiff BELFOR USA Group's ("BELFOR" or "plaintiff") opposition thereto. See Docket Nos. 46 and 51. For the reasons specified below, defendant's motion is DENIED. I. BACKGROUND On January 30, 2018, BELFOR filed suit against ESJ Resort LLC ("ESJ"). 1 See Docket No. 1. On April 15, BELFOR amended its complaint to include two claims against the hotel's...
OPINION AND ORDER MARCOS E. L PEZ , Magistrate Judge . On February 17, 2017, Lasheka Montgomery, Matthew Montgomery, and Tanysha Handy ("Plaintiffs") filed a second amended complaint against ACE Insurance Company, Toro Verde Corp., Oroverde Corp., CHUBB Insurance Company, and John Doe, Inc. ("Defendants"), seeking damages for Defendants' alleged negligence in causing a zip-lining accident. 1 ECF No. 43-1. Pending before the court is a motion to dismiss the second amended complaint for...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on October 16, 2018 ( d.e. 80 ) on a Rule 11 proceeding of defendant [3] Edgardo de Jes s Vald s before U.S. Magistrate-Judge Silvia Carre o Coll on October 10, 2018, 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 17, 2018 ( d.e. 467 ) on a Rule 11 proceeding of defendant [10] Danel Gonz lez Gonz lez before U.S. Magistrate-Judge Bruce J. McGiverin on October 4, 2018, 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 . Plaintiff Cedric Flowers as Liquidator of Choice Bank Ltd. (hereinafter, "Flowers" or "Choice Bank") has filed six motions requesting the following relief: a preliminary injunction to withdraw funds held by defendant Bancr dito International Bank Corporation ("Bancr dito"), dismissal for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3), withdrawal of funds deposited in an account belonging to Choice Financial International ("...
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on October 15, 2018 ( d.e. 76 ) on a Rule 11 proceeding of defendant [1] Rafael Collado Ure a before U.S. Magistrate-Judge Bruce J. McGiverin on September 28, 2018, 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 22, 2018 ( d.e. 74 ) on a Rule 11 proceeding of defendant Jos Rodr guez Pe a before U.S. Magistrate-Judge Silvia Carre o Coll on October 18, 2018, 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 15, 2018 ( d.e. 103 ) on a Rule 11 proceeding of defendant Angel Mosqueda Guadalupe before U.S. Magistrate-Judge Bruce J. McGiverin on September 25, 2018, 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 JUAN M. P REZ-GIM NEZ , Senior District Judge . Before the court is Petitioner Angel Ayala-Vazquez's ("Petitioner" or "Ayala-Vazquez") motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (Dockets No. 1, 22, 28) and the United States' (or the "Government") opposition thereto (Docket No. 11). For the following reasons, the court DENIES Petitioner's motion to vacate. I. BACKGROUND On April 15, 2010, a Grand Jury returned a Second Superseding...
OPINION AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . Before the court are plaintiffs'"Motion for Reconsideration of Order at Docket No. 191" (Docket No. 193), and "Motion Requesting Order Instructing Defendants in Their Individual Capacities to Pay the Amounts Owed to Plaintiffs" (Docket No. 194), which defendants opposed, requesting in part that the court strike Docket Nos. 196 and 197 (Docket No. 204). The motions require examination of the scope of the automatic stay set in...
MEMORANDUM AND ORDER BESOSA , District Judge . Plaintiff BPP Retail Properties, LLC ("BPP") moves to enforce defendant Carlisle Construction Materials, Inc. ("Carlisle") to perform its remaining obligations pursuant to the confidential settlement agreement ("settlement agreement") they reached. (Docket No. 170.) Carlisle opposes BPP's motion and moves to compel arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. 4. (Docket No. 172.) For the reasons set forth below, the...
ORDER WILLIAM G. YOUNG , District Judge . 1 On September 25, 2018, Siemens Financial Services, Inc. ("Siemens") and Hospital Hermanos Mel ndez, Inc. ("Hospital") (collectively, "the Parties") filed a Joint Statement, ECF No. 50, informing this Court that the Parties had entered into a Forbearance Agreement and requesting that this Court grant Siemens' motion for attorney's fees, ECF No. 41. Joint Statement 1, 3-5, ECF No. 50. Siemens requested that this Court grant a total of $25,537....
ORDER CARMEN CONSUELO CEREZO , District Judge . Having considered the Report and Recommendation filed on September 7, 2018 ( d.e. 1054 ) on a Rule 11 proceeding of defendant [24] Carlos Vargas Garc a before U.S. Magistrate-Judge Bruce J. McGiverin on August 29, 2018, 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 Delgado-Hern ndez , District Judge . This is an action for damages under Puerto Rico law predicated on diversity of citizenship pursuant to 28 U.S.C. 1332 (Docket Nos. 1 and 28). Before the court are two motions for summary judgment, one seeking dismissal of third-party claims as a result of a settlement agreement reached between plaintiffs and some of the third-party defendants (Docket No. 236), the other, filed by non-settling third-party defendants, requesting...
OPINION AND ORDER PEDRO A. DELGADO-HERN NDEZ , District Judge . Plaintiff initiated this action against defendant Organizaci n Mundial de Boxeo, Inc. (translated to the English language as "World Boxing Organization, Inc.")("WBO"), asserting violations of the Muhammad Ali Boxing Reform Act, 15 U.S.C. 6301 et seq. , and breach-of-contract, fraud, and negligence claims under Puerto Rico law (Docket No. 28). Before the court is the WBO's "Motion to Compel WBO Grievance/Arbitration...
OPINION AND ORDER JAY A. GARCIA-GREGORY , District Judge . Pending before the Court is Plaintiffs' 1 Motion for Class Certification. Docket No. 535. Defendants' 2 timely opposed the Motion, Docket No. 563; Plaintiffs replied, Docket No. 573; Defendants sur-replied, Docket No. 581; and Plaintiffs opposed Defendants' Sur-Reply, Docket No. 588. In their Opposition, Defendants argue (i) that Plaintiffs have failed to satisfy the adequacy and predominance requirements; (ii) that Plaintiffs'...
OPINION AND ORDER AIDA M. DELGADO-COL N , District Judge . On May 25, 2017, plaintiffs Emmanuel Gazmey-Santiago ("Anuel") and Anuel's father, Jos Gazmey, d/b/a Gazmey Music Publishing ("Gazmey") (collectively, "plaintiffs"), filed an amended complaint against Carlos Su rez ("Su rez" or "defendant") and unknown defendants, alleging copyright infringement, breach of contract, and misappropriation of image and likeness. 1 ECF No. 4 . Plaintiffs seek compensatory, injunctive, and...
OPINION AND ORDER GUSTAVO A. GELPI , District Judge . Ram n Ojeda-Resto, An bal Rodr guez-Serrano, Nelson Cruz, along with Comit Quiero Mis Chavos, Inc. (collectively "Plaintiffs") brought forth the current action alleging violations under 502(a)(2) and (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1132(a)(2) and (3). (Docket No. 43 at 1.1). Before the Court is Mark R. Blankenship, Dale MacGillivray, Francisco Gonz lez, and ngel Febres-Alm stica'...
OPINION AND ORDER 1 BESOSA , District Judge . Defendants S2 Services Puerto Rico, LLC ("S2") and Rapiscan Systems, Inc. ("Rapiscan") move to dismiss the plaintiffs' amended complaint pursuant to Federal Rule of Civil of Procedure 12(b)(1) ("Rule 12(b)(1)") and Federal Rule Civil Procedure 12(b)(6) ("Rule 12(b)(6)"). (Docket No. 55.) Defendant Puerto Rico Ports Authority ("PRPA") also moves to dismiss the plaintiffs' amended complaint pursuant to Rule 12(b)(1), Rule 12(b)(6), and Federal...
