HMC ASSETS LLC v. Estate of Modesto Boria-Viera
| HMC ASSETS LLC, SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XIX TRUST and HMC Assets LLC |
| ESTATE OF MODESTO BORIA VIERA COMPOSED OF HEIRS WHOSE NAMES ARE UNKNOWN DESIGNATED AS JOHN DOE AND JANE DOE, Puerto Rico Treasury Department, CENTRO DE RECAUDACION DE INGRESOS MUNICIPALES, Jane Doe, John Doe, Estate of Modesto Boria-Viera and United States of America |
| 3:2018cv01535 |
| August 1, 2018 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| San Juan |
| Pedro A Delgado-Hernandez |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on September 26, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 9/26/2018. (ebb) |
Filing 12
ORDER: Granting #11 "Motion Requesting Dismissal without Prejudice." The case is dismissed without prejudice. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 9/26/2018. (ebb)
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| Filing 11 MOTION to dismiss as to All Defendants filed by Juan M. Surillo-Pumarada on behalf of HMC Assets LLC Responses due by 10/9/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Surillo-Pumarada, Juan) |
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Filing 10
ORDER re #9 "Motion Requesting Authorization for Summons by Publication:" Foreclosures are brought in this district under diversity jurisdiction. Pursuant to Puerto Rico law, an estate does not have juridical personality, and all heirs must be identified and included in suits against an estate. Plaintiff has not identified a single member of the Modesto Boria Viera Estate, identifying them merely as "John Doe" and "Jane Doe," who may have an interest in the property. The majority view is that John Does destroy diversity jurisdiction because courts cannot ascertain that complete diversity exists. Plaintiff must show it has met its burden of including all heirs by providing a will, or in the absence of a will, a judicial declaration of heirship, in order to ascertain the identities of all the heirs of the Modesto Boria Viera Estate. Not later than October 22, 2018, plaintiff shall either (1) submit a certified copy of a will or a judicial declaration of heirship, all in the English language, (2) show whether another source for jurisdiction exists, or otherwise (3) show cause why the case should not be dismissed for lack of jurisdiction. Signed by Judge Pedro A. Delgado-Hernandez on 9/21/2018. (AM)
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| Filing 9 MOTION for Service by Publication as to Jane Doe, John Doe, Estate of Modesto Boria-Viera filed by Juan M. Surillo-Pumarada on behalf of HMC Assets LLC Responses due by 10/3/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit sworn statement, #2 Text of Proposed Order, #3 Summons summons by publication)(Surillo-Pumarada, Juan) |
| Filing 8 Summons Issued as to United States of America. (Attachments: #1 Summons) (rim) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by HMC Assets LLC. (Attachments: #1 Summons)(Surillo-Pumarada, Juan) |
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Filing 6
ORDER: Granting #5 "Motion Requesting Authorization to File Amended Complaint." The amended complaint shall be electronically filed forthwith. Signed by Judge Pedro A. Delgado-Hernandez on 8/29/2018. (AM)
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| Filing 5 MOTION to Amend/Correct Re: #1 Complaint, filed by Estate of Modesto Boria-Viera filed by Juan M. Surillo-Pumarada on behalf of HMC Assets LLC Responses due by 9/11/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons summons)(Related document(s) #1 ) (Surillo-Pumarada, Juan) |
| Filing 4 SUMMONS Returned Executed by HMC Assets LLC upon Centro de Recaudacion de Ingresos Municipales served on 8/8/2018, answer due 8/29/2018; Puerto Rico Treasury Department served on 8/8/2018, answer due 8/29/2018. (mr) |
| Filing 3 Summons Issued as to Centro de Recaudacion de Ingresos Municipales, Jane Doe, John Doe, Puerto Rico Treasury Department (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-5986339.), filed by ESTATE OF MODESTO BORIA VIERA COMPOSED OF HEIRS WHOSE NAMES ARE UNKNOWN DESIGNATED AS JOHN DOE AND JANE DOE. Service due by 10/30/2018, (Attachments: #1 Category Sheet CATEGORY SHEET, #2 Civil Cover Sheet CIVIL COVER SHEET, #3 Summons EXHIBIT, #4 Exhibit MORTGAGE, #5 Exhibit PROMISSORY NOTE)(Surillo-Pumarada, Juan) |
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