HMC Assets LLC v. Estate of Cleofe Santiago-Rodriguez et al
| HMC ASSETS LLC, SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XIX TRUST and HMC Assets LLC |
| Puerto Rico Treasury Department, Estate of Nelida Soto Forgas a/k/a Nelida Soto Fargas a/k/a Nelida Mara Soto Forgas, composed of heirs whose names are unknown designated as John and Jane Doe, UNITED STATES OF AMERICA, Centro de Recaudaciones de Ingresos Municipales, ESTATE OF CLEOFE SANTIAGO RODRIGUEZ COMPOSED OF HEIRS WHOSE NAMES ARE UNKNOWN DESIGNATED AS JOHN DOE AND JANE DOE, Jane Doe, Estate of Cleofe Santiago-Rodriguez, John Doe and Estate of Nelida Soto-Forgas |
| 3:2018cv01619 |
| August 29, 2018 |
| US District Court for the District of Puerto Rico |
| Pedro A Delgado-Hernandez |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 9 JUDGMENT: See attached. This case is now closed for statistical purposes. Signed by Judge Pedro A. Delgado-Hernandez on 9/25/2018. (ebb) |
Filing 8
ORDER: Granting #7 "Motion Requesting Dismissal without Prejudice." The case is dismissed without prejudice. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 9/25/2018. (ebb)
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| Filing 7 MOTION to dismiss as to All Defendants filed by Juan M. Surillo-Pumarada on behalf of HMC Assets LLC Responses due by 10/5/2018. 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 6
ORDER re #5 "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 Cleofe Santiago Rodriguez and Nelida Soto Forgas a/k/a Nelida Soto Fargas a/k/a Nelida Maria Soto Forgas Estates, identifying them merely as "John 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 Cleofe Santiago Rodriguez and Nelida Soto Forgas a/k/a Nelida Soto Fargas a/k/a Nelida Maria Soto Forgas Estates. 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 5 MOTION for Service by Publication as to Jane Doe, John Doe, Estate of Cleofe Santiago-Rodriguez, Estate of Nelida Soto-Forgas 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 4 SUMMONS Returned Executed by All Plaintiffs upon Centro de Recaudaciones de Ingresos Municipales served on 9/6/2018, answer due 9/27/2018; Puerto Rico Treasury Department served on 9/6/2018, answer due 9/27/2018; United States of America served on 9/4/2018, answer due 9/25/2018. (mr) |
| Filing 3 Summons Issued as to Centro de Recaudaciones de Ingresos Municipales, Jane Doe, John Doe, Puerto Rico Treasury Department, United States of America (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 0104-6032181.), filed by HMC ASSETS LLC, SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XIX TRUST. Service due by 11/27/2018, (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Exhibit MORTGAGE NOTE, #4 Exhibit MORTGAGE, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Surillo-Pumarada, Juan) |
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