Costas-Elena et al v. Municipality of San Juan, et al
| Hazel Russell-McMillan, Conjugal Partnership Costas-Russell and Luis Costas-Elena |
| Municipality of San Juan, Carmen Despradel, Andres Rivera, Fernando Rivera, Henry Paredes and Conjugal Partnership of Paredes-Despradel |
| 3:2008cv02403 |
| December 23, 2008 |
| US District Court for the District of Puerto Rico |
| Civil Rights: Other Office |
| San Juan |
| Jose A Fuste |
| Plaintiff |
| Federal Question |
| 28:1983 Civil Rights |
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Filing
93
OPINION AND ORDER DENYING AS FUTILE 68 MOTION for Leave to Amend filed by Hazel Russell-McMillan, Luis Costas-Elena, Conjugal Partnership Costas-Russell; GRANTING 71 MOTION to dismiss the complaint filed by Andres Rivera, Municipality of San Juan , Fernando Cordero; DENYING AS MOOT 76 MOTION for Leave to File Amended Answer to Crossclaim filed by Henry Paredes; NOTED 87 Supplemental Motion filed by Hazel Russell-McMillan, Luis Costas-Elena, Conjugal Partnership Costas-Russell; DENYING AS MOOT 78 MOTION to dismiss filed by Fernando Rivera, Municipality of San Juan, Fernando Cordero. We DISMISS all claims in Plaintiffs' complaint. Judgment to enter accordingly. Signed by Chief Judge Jose A Fuste on 5/20/2010.(mrj)
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Filing
66
ORDER re 59 Response to Order to Show Cause filed by Hazel Russell-McMillan, Luis Costas-Elena, Conjugal Partnership Costas-Russell; 52 Order to Show Cause. We ORDER judgment on the pleadings for Defendants Henry Paredes, Carmen Despradel, and th eir conjugal partnership (Neighbors). We: 1) DISMISS all federal claims against Neighbors WITH PREJUDICE and all Puerto Rico claims against Neighbors WITHOUT PREJUDICE; 2) DENY AS MOOT the motion to dismiss filed by the Municipality of San Juan; 3) DISMISS AS MOOT Neighbors' counterclaim against Plaintiffs; Municipality and Andres Rivera's cross-claim against Neighbors; Neighbors' cross-claim against Municipality, Rivera, Fernando Cordero, and their conjugal partnerships, and unk nown insurers; Neighbors' third-party complaint against PREPA and unknown insurers; PREPA's counterclaim against Neighbors; and PREPA's claim against Municipality; and 4) RETAIN only Plaintiffs' claims against Municipality, Rivera, and Cordero under federal and Puerto Rico laws. Signed by Chief Judge Jose A Fuste on 12/11/09.(mrj)
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Filing
52
OPINION AND ORDER re 1 Complaint. We ORDER Plaintiffs to SHOW CAUSE, on or before November 9, 2009, as to why we should not order judgment on the pleadings in favor of Neighbors and dismiss Plaintiffs' claims under Puerto Rico law against Neig hbors. We RESERVE JUDGMENT on Municipality's motion to dismiss (Docket No. 42 ) pending the resolution of this order to show cause. We further RESERVE JUDGMENT on Neighbors' counterclaim against Plaintiffs (Docket No. 21 ); Municipality and Rivera's cross-claim against Neighbors (Docket No. 22 ); Neighbors' cross-claim against Municipality; Rivera, Cordero, and their respective conjugal partnerships; and unknown insurance companies (Docket No. 24 ); Neighbors' third -party complaint against PREPA and unknown insurance companies (Docket No. 26 ); PREPA's counterclaim against Neighbors (Docket No. 37 ); and PREPA's claim against Municipality (Docket No. 38 ). We RETAIN Plaintiffs' claims against Municipality, Rivera, and Cordero. Show Cause Response due by 11/9/2009. Signed by Chief Judge Jose A Fuste on 10/28/09.(mrj)
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