In Re: Approval of Transfer of Structured Settlement Payment Rights
Petitioner: Stratcap Investments, Inc.
Respondent: Alfredo Perez
Case Number: 3:2014mc00291
Filed: July 18, 2014
Court: US District Court for the District of Puerto Rico
Office: San Juan Office
County: XX US, Outside State
Presiding Judge: Marcos E Lopez
Nature of Suit: Contract: Other
Cause of Action: Civil Miscellaneous Case
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Docket Report

This docket was last retrieved on June 16, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2015 Opinion or Order Filing 55 ORDER regarding #51 Motion In Compliance: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 6/13/15. (jhi)
June 10, 2015 Filing 54 FINAL ORDER APPROVING TRANSFER. Signed by US Magistrate Judge Marcos E. Lopez on 6/10/15.(Lopez, Marcos)
June 10, 2015 Opinion or Order Filing 53 ORDER regarding #52 INFORMATIVE motion: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 6/10/15. (jhi)
June 4, 2015 Filing 52 INFORMATIVE Motion filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 6/22/2015 (Minana, Luis)
May 13, 2015 Filing 51 MOTION in Compliance w/ Order filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 6/1/2015 (Attachments: #1 Text of Proposed Order)(Minana, Luis) Modified on 5/14/2015 to correct title(ov). Added on 5/14/2015, MOTION Submitting Proposed Order to include Domestic Obligation Direct Payments (ov).
May 7, 2015 Opinion or Order Filing 50 ORDER regarding #45 Motion: Noted. The proposed order is silent about the child support debt that will be settled, that those funds will not be given to the Respondent/Payee but instead to the pertinent entity, and that Petitioner/Transferee as well as Respondent/Payee are aware and voluntarily agree to the use of the funds to satisfy the child support debt. The parties shall submit a proposed clause to be inserted in the proposed order for the court's review. Signed by US Magistrate Judge Marcos E. Lopez on 5/7/15. (Lopez, Marcos)
April 17, 2015 Filing 49 JOINT Exhibit List. (ft)
April 17, 2015 Filing 48 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Further Hearing on Petition for Court Approval of Transfer of Structured Settlement Payment Rights held on 4/17/2015. Present: Attys. Maria L. Martinez and Luis Minana. Respondent Alfredo Perez was also present. Additional testimony of respondent Alfredo Perez (assisted by certified interpreter Moises Hernandez) was heard. After hearing testimony of the respondent, the Court approved the agreement. Counsel Minana was ordered to submit a proposed order for the approval of the Court. Joint Exhs. III, IV, V, VI, VII and VIII were admitted. (Court Reporter FTR.) (ft)
April 17, 2015 Opinion or Order Filing 47 ORDER noted #44 INFORMATIVE motion regarding Certification of Professional Advice and Itemized Check Payment List. Signed by US Magistrate Judge Marcos E. Lopez on 4/17/15. (ft)
April 17, 2015 Opinion or Order Filing 46 ORDER noted #43 Motion In Compliance with Order of March 24, 2015. Signed by US Magistrate Judge Marcos E. Lopez on 4/17/15. (ft)
April 17, 2015 Filing 45 MOTION Submitting Order filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 5/4/2015 (Attachments: #1 Text of Proposed Order)(Minana, Luis)
April 17, 2015 Filing 44 INFORMATIVE Motion regarding Certification of Professional Advice and Itemized Check Payment List filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 5/4/2015 (Attachments: #1 Exhibit 1: Client advice, #2 Exhibit 2. List of Itemized Checks)(Minana, Luis)
March 31, 2015 Filing 43 Motion In Compliance with Order of March 24, 2015 filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 4/17/2015 (Attachments: #1 Exhibit Waiver)(Martinez-Lopez, Maria)
March 24, 2015 Opinion or Order Filing 42 ORDER regarding #37 INFORMATIVE motion: Noted. If in light of the events that transpired at the hearing held on February 20, 2015, the parties have amended the Structured Settlement Annuity Sale and Assignment Agreement (see ECF No. 1-2 at 9, par. (f); at 27, par. (f)), the amended version shall be filed no later than April 1, 2015. Signed by US Magistrate Judge Marcos E. Lopez on 3/24/15. (jhi)
March 24, 2015 Opinion or Order Filing 41 ORDER regarding #38 INFORMATIVE motion: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 3/24/15. (jhi)
March 24, 2015 Opinion or Order Filing 40 ORDER regarding #39 Motion submitting: Noted. This motion incorrectly states that on February 27, 2015 the court set the hearing on the Petition for Court Approval of the Transfer of Structured Settlement Payment Rights for January 17, 2015. (See par. 1). On February 20, 2015, the court continued said hearing for April 17, 2015. ECF No. 35. Counsel shall take notice. Signed by US Magistrate Judge Marcos E. Lopez on 3/24/15. (jhi)
March 20, 2015 Filing 39 MOTION Submitting proof of service re: #38 Informative Motion filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 4/9/2015 (Attachments: #1 Exhibit FedEx Air Way Bill)(Martinez-Lopez, Maria) Modified on 3/24/2015 to correct event and create relationship to #38 (nat).
March 20, 2015 Filing 38 INFORMATIVE Motion regarding Notice of Hearing filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 4/9/2015 (Martinez-Lopez, Maria)
March 20, 2015 Filing 37 Joint INFORMATIVE Motion regarding Compliance with 35 Order filed by Maria Luisa Martinez-Lopez on behalf of All Parties. Suggestions in opposition/response due by 4/9/2015 (Martinez-Lopez, Maria) Modified on 3/24/2015 to create relationship to #35 and add filer (nat).
February 20, 2015 Filing 36 JOINT Exhibit List. (ft)
February 20, 2015 Filing 35 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Hearing on Petition for Court Approval of Transfer of Structured Settlement Payment Rights held on 2/20/2015. Present Attys. Maria L. Martinez and Luis Minana. Respondent Alfredo Perez was also present. Direct and cross examination of respondent Alfredo Perez (assisted by certified interpreter Moises Hernandez) was heard. Parties met in chambers to discuss some issues regarding child support. The Hearing was continued for 4/17/2015 10:30 AM in Courtroom 10 before US Magistrate Judge Marcos E. Lopez. The parties were granted until 3/20/15 to file an informative motion advising the court whether they wish to proceed with the hearing scheduled for April 17th or whether either the petitioner or the respondent does not wish to proceed with this kind of transaction. Joint Exhs. I-A, I-B, and II were Admitted. (Court Reporter FTR.) (ft) Modified on 2/27/2015 to add exhs. (ft).
February 18, 2015 Opinion or Order Filing 34 ORDER regarding #33 INFORMATIVE motion: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 2/17/15. (jhi)
February 17, 2015 Filing 33 **CASE PARTICIPANTS** INFORMATIVE Motion filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 3/6/2015 (Attachments: #1 Exhibit, #2 Exhibit)(Martinez-Lopez, Maria)
January 29, 2015 Filing 32 ***SELECTED PARTIES*** NOTICE of Hearing by Alfredo Perez, Stratcap Investments, Inc. (Martinez-Lopez, Maria)
January 22, 2015 Opinion or Order Filing 31 ORDER Moot re #27 Motion requesting Order. Signed by US Magistrate Judge Marcos E. Lopez on 1/22/2015. (sr)
January 22, 2015 Opinion or Order Filing 30 ORDER Moot #26 INFORMATIVE motion. Signed by US Magistrate Judge Marcos E. Lopez on 1/22/2015. (sr)
January 22, 2015 Opinion or Order Filing 29 ORDER Noted re #25 Motion submitting. Signed by US Magistrate Judge Marcos E. Lopez on 1/22/2015. (sr)
January 22, 2015 Filing 28 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Hearing on Petition for Court Approval of Transfer of Structured Settlement Payment Rights not held on 1/22/2015. Attorneys Maria L. Martinez and Luis Minana are present, and the respondent Alfredo Perez as well. Attorneys of record met in chambers. Motions filed at Docket Entries are 25-27 are discussed. Court orders parties to retain a certified interpreter for the proceedings. Interpreter shall assist the respondent during the entire proceeding, to ensure that he is aware of the matters/issues discussed by the parties on the record. Translations of all exhibits are to be available. Housekeeping matters were discussed as well. Hearing on Petition for Court Approval of Transfer of Structured Settlement Payment Rights reset for 2/20/2015 at 1:30 PM in Courtroom 10 before US Magistrate Judge Marcos E. Lopez.(Court Reporter In chambers.) (sr)
January 21, 2015 Filing 27 MOTION requesting Order on Motion waiving certified Interpreters and Leave to file Ad Hoc Interpreters filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 2/9/2015 (Martinez-Lopez, Maria)
January 21, 2015 Filing 26 Joint INFORMATIVE Motion regarding Joint Motion Waiving Certified Interpreter for Translation of Spanish Language Testimony filed by Luis E. Minana on behalf of Alfredo Perez, Stratcap Investments, Inc. Suggestions in opposition/response due by 2/9/2015 (Minana, Luis) Modified on 2/3/2015 to edit letters in caps (ov).
January 21, 2015 Filing 25 MOTION Submitting Proof of Service of Notice of Hearing re: 21 Order, Set Hearings,,,, filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 2/9/2015 (Attachments: #1 Exhibit Letter, #2 Exhibit Postal Notice)(Related document(s) 21 ) (Martinez-Lopez, Maria)
January 5, 2015 Opinion or Order Filing 24 MEMORANDUM OF THE CLERK: Pursuant to order #22 approving the consent and reference of a civil action to a magistrate judge, signed by Judge Francisco A. Besosa on 12/31/2014, this case is referred to U.S. Magistrate Judge Marcos E. Lopez to conduct all proceedings and order the entry of a final judgment in accordance with 28 USC 636(c) and FRCVP 73. All future pleadings shall bear the following initials next to the case: 14-mc-291 (MEL). Signed by Clerk on 12/31/2014.(be)
December 31, 2014 Filing 23 NOTICE of Hearing filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 1/20/2015 (Related document(s) #1 , 21 ) (Martinez-Lopez, Maria) Modified on 2/3/2015 to correct title (ov).
December 31, 2014 Opinion or Order Filing 22 ORDER APPROVING the consent and reference of a civil action to a Magistrate Judge filed by the parties and REFERRING this CASE to Magistrate Judge Marcos E. Lopez to conduct all proceedings and order the entry of a final judgment in accordance with 28 USC 636(c) and FRCVP 73. Signed by Judge Francisco A. Besosa on 12/31/14. (re) Modified on 1/5/2015 re typo. (re).
December 30, 2014 Opinion or Order Filing 21 ORDER: Hearing on Petition for Court Approval of Transfer of Structured Settlement Payment Rights is set for January 22, 2015 at 9:15 a.m. in Courtroom 10 before US Magistrate Judge Marcos E. Lopez. If respondent or any witnesses are not fluent in the English language, the parties are reminded that they are responsible for retaining the services of a certified interpreter. Likewise, if any exhibits are not in English, a certified translation must be submitted. Signed by US Magistrate Judge Marcos E. Lopez on 12/30/14.(ft)
December 12, 2014 Filing 20 CONSENT to Proceed before US Magistrate Judge filed by Alfredo Perez, Stratcap Investments, Inc. (re)
December 2, 2014 Opinion or Order Filing 19 ORDER re #18 Joint Motion to Set Aside and Vacate October 23, 2014 Final Order pursuant to Rule 60(B)(1). The Court finds that an error was made in the October 23, 2014 Final Order and consequently, vacates the October 23, 2014 Final Order. Signed by Judge Francisco A. Besosa. Signed by Judge Francisco A. Besosa on 12/02/2014. (brc)
November 25, 2014 Filing 18 Joint MOTION to Set Aside and Vacate October 23, 2014 Final Order pursuant to Rule 60(B)(1) re: #17 Final Order Approving Transfer, Joint MOTION for Hearing in compliance with Nebraska Statutes 25-3101 et seq. filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc., Alfredo Perez. Suggestions in opposition/response due by 12/12/2014 (Attachments: #1 Text of Proposed Order)(Related document(s) #17 ) (Martinez-Lopez, Maria) Modified on 12/1/2014 re capital letters and correct docket text information. (re). Modified on 12/1/2014 to add name additional party as filer. (re).
October 23, 2014 Opinion or Order Filing 17 ***VACATED AS PER COURT #19 ORDER*** - FINAL ORDER APPROVING TRANSFER re #14 Joint Motion Requesting Order. Signed by Judge Francisco A. Besosa on 10/23/2014. (brc) Modified on 12/3/2014 (re).
October 23, 2014 Opinion or Order Filing 16 ORDER re #13 Motion Requesting Order. The Court authorizes the transaction as established in the Contract. Signed by Judge Francisco A. Besosa on 10/23/2014. (brc)
October 22, 2014 Opinion or Order Filing 15 ORDER re #12 Motion in Compliance: NOTED. Signed by Judge Francisco A. Besosa on 10/22/2014. (brc)
October 22, 2014 Filing 14 Joint MOTION requesting Order Approving Transfer of Structured Settlement Payment Rights, Joint MOTION Submitting Final Order Approving Transfer Proposed Order filed by Maria Luisa Martinez-Lopez on behalf of All Parties Suggestions in opposition/response due by 11/10/2014 (Attachments: #1 Text of Proposed Order Final Order Approving Transfer)(Martinez-Lopez, Maria)
October 20, 2014 Filing 13 MOTION requesting Order filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 11/6/2014 (Attachments: #1 Text of Proposed Order)(Minana, Luis)
September 19, 2014 Filing 12 Motion In Compliance with Order at docket 9 filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 10/6/2014 (Attachments: #1 Affidavit Exhibit 1)(Minana, Luis) Modified on 9/22/2014 re capital letters. (re).
September 4, 2014 Opinion or Order Filing 11 ORDER regarding #10 Motion to Withdraw as Attorney: Granted. Signed by US Magistrate Judge Marcos E. Lopez on 9/4/14. (jhi)
September 3, 2014 Filing 10 MOTION to Withdraw as Attorney as to Edna Hernandez-Arroyo filed by Edna Hernandez-Arroyo on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 9/22/2014 (Hernandez-Arroyo, Edna)
September 3, 2014 Opinion or Order Filing 9 ORDER: Now that respondent is represented by counsel, on or before September 19, 2014, respondent shall inform whether he voluntarily and knowingly agrees with the totality of all the terms and conditions in the petition for court approval of transfer of structured settlement payment rights ECF No. 1. In addition, respondent shall specifically address: (1) whether he agrees with Stratcap Investments, Inc.'s request for the court to apply Nebraska law; (2) whether he understands that the transfer agreement as proposed by petitioner indicates that any disputes between the parties not only would be governed by Nebraska law, but also that Nebraska would be the proper venue to bring any cause of action arising out of a breach of the agreement, the parties agreeing "to the jurisdiction of any Nebraska court of competent jurisdiction"; (3) whether he has received independent professional advice regarding the legal, tax, and financial implications of this transfer; and (4) whether he understands that the disclosures made by Stratcap Investments, Inc., warn, among other things, that although the present value of the aggregate amount of the structured settlement payments totaling $280,000, based upon a discount rate of 2.4%, equals $207,930, respondent would only be receiving in exchange for such payments $115,785. ECF No. 1-2 at p.33. Signed by US Magistrate Judge Marcos E. Lopez on 9/3/14. (Lopez, Marcos)
September 3, 2014 Opinion or Order Filing 8 ORDER regarding #7 Motion for Leave to Appear: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 9/2/14. (jhi)
August 29, 2014 Filing 7 MOTION for Leave to Appear filed by Luis E. Minana on behalf of Alfredo Perez Suggestions in opposition/response due by 9/15/2014 (Minana, Luis)
August 19, 2014 Opinion or Order Filing 6 ORDER: Due to the nature of the petition pending before the court, respondent Alfredo Perez is strongly urged to retain the services of an attorney. If Mr. Perez is financially unable to hire a lawyer, he may submit at the Clerk's Office an application for appointment of pro-bono counsel pursuant to Local Rule 83L. The deadline for respondent's legal representation to file a notice of appearance or for respondent to file an application for appointment of pro-bono counsel is September 5, 2014. Signed by US Magistrate Judge Marcos E. Lopez on 8/19/14.(Lopez, Marcos)
July 31, 2014 Opinion or Order Filing 5 MEMORANDUM OF THE CLERK: Pursuant to the Order Referring Motion entered by Judge Francisco A. Besosa on 07/31/2014 (Docket No. 4), the #1 Petition for Court Approval of a Transfer of Structured Settlement Payment Rights has been randomly assigned within the Case Assignment System to Magistrate Judge Marcos E. Lopez for Report and Recommendation. Signed by Clerk on 07/31/2014.(gr)
July 31, 2014 Opinion or Order Filing 4 ORDER REFERRING MOTION requesting Order to a magistrate judge for a Report and Recommendation. Signed by Judge Francisco A. Besosa on 07/31/2014. (brc)
July 30, 2014 Opinion or Order Filing 3 ORDER re #2 Motion for Leave to File Spanish language documents: GRANTED. Signed by Judge Francisco A. Besosa on 07/30/2014. (brc)
July 18, 2014 Filing 2 MOTION Waiving Certification of Federally-Certified Interpreter for Documents filed in the Spanish Language ans Translated into the English Language filed by Maria Luisa Martinez-Lopez, Edna Hernandez-Arroyo on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 8/4/2014 (re)
July 18, 2014 Filing 1 PETITION for Court Approval of a Transfer of Structured Settlement Payment Rights filed by Maria Luisa Martinez-Lopez on behalf of Stratcap Investments, Inc. Suggestions in opposition/response due by 8/4/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(re)

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Petitioner: Stratcap Investments, Inc.
Represented By: Edna Hernandez-Arroyo
Represented By: Maria Luisa Martinez-Lopez
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Respondent: Alfredo Perez
Represented By: Luis E. Minana
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