DLJ Mortgage Capital Inc et al v. Estate of Morales-Huggins
| DLJ Mortgage Capital Inc, JANE ESTATE ARLEEN MORALES HUGGINS, DOE and JOHN ESTATE ARLEEN MORALES HUGGINS, DOE |
| ARLEEN ANGELICA ESTATE MORALES HUGGINS, Estate of Arleen Angelica Morales-Huggins, Jane Doe, John Doe and Arleen Morales-Huggins |
| 3:2019cv01656 |
| July 9, 2019 |
| US District Court for the District of Puerto Rico |
| Jay A Garcia-Gregory |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 |
| None |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 6 Motion In Compliance with DE 4, filed by Mariceli Perez-Gonzalez on behalf of DLJ Mortgage Capital Inc Responses due by 9/17/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Gonzalez, Mariceli). Added MOTION for extension of time on 9/6/2019 and edit docket text. (mg). |
Filing 5
ORDER TO SHOW CAUSE as to why Plaintiff failed to comply with this Court's Order to Show Cause, Docket No. 4. Show Cause Response due by 9/5/2019. Failure to comply with the Court's Order may result in the imposition of sanctions, including dismissal for failure to diligently prosecute and/or failure to include indispensable parties. Signed by Judge Jay A. Garcia-Gregory on 8/30/2019. (MQ)
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Filing 4
ORDER TO SHOW CAUSE. Under Puerto Rico law, an Estate cannot be individually sued, as it does not have juridical personality. See Fuentes v. Tribunal de Distrito y Fuentes, Interventor, 73 D.P.R. 959, 987 (P.R. Oct. 17, 1952) (citing Sucn. Belaval v. Acosta, 64 D.P.R. 109, 111 (P.R. July 29, 1944); Viera v. Sucn. Goitia, 55 D.P.R. 299, 303 (P.R. July 14, 1939); Sucn. Rodriguez v. Comision Indus. de P.R., 53 D.P.R. 825, 835 (P.R. Nov. 9, 1938); Arvelo et al. v. Banco Territorial y Agricola de P.R., 25 D.P.R. 728 (P.R. July 27, 1917)). Rather, all the heirs to a specific Estate must be named in the suit. Fuentes, 73 D.P.R. at 987. Plaintiff must show it has met its burden of including all heirs by providing the decedent's will or, in the absence of a will, a judicial declaration of heirship to ascertain the identities of all the heirs. See Civ. No. 16-1966, Docket No. 32. Thus, the Court hereby ORDERS Plaintiff to submit to this Court either (a) a copy of the decedent's will, or (b) a negative certification of will along with a judicial declaration of heirship. Show Cause Response due by 8/28/2019. Signed by Judge Jay A. Garcia-Gregory on 8/21/2019. (MQ)
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| Filing 3 Summons Issued as to Jane Doe, John Doe (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Jay A. Garcia-Gregory (arg) |
| Filing 1 COMPLAINT against Estate of Arleen Angelica Morales-Huggins, John Doe and Jane Doe (Filing fee $400 receipt number 0104-6489667.), filed by DLJ Mortgage Capital Inc. Service due by 10/7/2019, (Attachments: #1 Exhibit Death Certificate, #2 Civil Cover Sheet, #3 Category Sheet, #4 Summons against Estate of Arleen Angelica Morales-Huggins , #5 Summons, #6 Summons, against Jane Doe #(7) Exhibit NOTE, #8 Exhibit MORTGAGE)(Perez-Gonzalez, Mariceli) Modified on 7/10/2019 to correct parties and replace all caps text. (mg). |
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