PRCI Loan LLC v. Cofresi-Capestany et al
| PRCI Loan LLC |
| MIRADOR DE LA GLORIA INC., Ivan Cofresi-Capestany, Legal Conjugal Partnership Arbaje/Lopez, MARDUK CONSTRUCTION, CORP., Juan Ramon Arbaje-Ramos, Ileana Lopez-Rivera, REDMAG, INC., Carmen L Torres-Lopez, MARDUK DEVELOPMENT, CORP., VILLAS DE SAN AGUSTN DEVELOPMENT, CORP., MIRADOR DEL RO, INC., ICFQ DESARROLLOS CARRAIZO, INC., Legal Conjugal Partnership Cofresi-Torres, Conjugal Partnership Arbaje-Lopez, Mirador del Rio, Inc., Villas de San Agustin Development, Corp., Marduk Construction Corp., Mirador de la Gloria, Inc. and Conjugal Partnership Cofresi-Torres |
| 3:2020cv01656 |
| November 20, 2020 |
| US District Court for the District of Puerto Rico |
| Gustavo A Gelpi |
| Real Property: Other |
| 28 U.S.C. § 1446 |
| None |
Docket Report
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| Filing 23 TRANSMITTAL Letter sent to the Court of First Instance of Caguas, forwarding certified copies of Order of Remand DE #17, AMENDED Judgment & Docket Sheet. (mg) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #20 Transmittal Letter. ***FILED IN ERROR*** Amended Judgment to be included in Transmittal Letter. (mg) |
| Filing 22 AMENDED JUDGMENT is hereby entered REMANDING the instant case to the Commonwealth of Puerto Rico Courts. Signed by Judge Gustavo A. Gelpi on 1/14/2021. (CRH) |
Filing 21
ORDER: Granting #19 Motion to Alter Judgment; Granting #19 Motion to Amend/Correct Re: 18 Judgment. Judgment entered at Docket No. #18 is hereby VACATED. An amended judgment shall be entered accordingly. Signed by Judge Gustavo A. Gelpi on 1/14/2021. (CRH)
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| Filing 20 ***FILED IN ERROR AMENDED JUDGMENT TO BE INCLUDED*** TRANSMITTAL Letter to the Court of First Instance of Caguas, forwarding certified copies of Order of Remand DE #17, Judgment & Docket Sheet. (mg) Modified on 1/15/2021 (mg). |
| Filing 19 MOTION to Alter Judgment , MOTION to Amend/Correct Re: #18 Judgment filed by Francisco J. Fernandez-Chiques on behalf of PRCI Loan LLC Responses due by 1/28/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #18 ) (Fernandez-Chiques, Francisco) |
| Filing 18 ***VACATED AS PER DOCKET 22*** JUDGMENT is hereby entered DISMISSING all claims against Defendants and remanding the case to the Commonwealth of Puerto Rico Courts. Signed by Judge Gustavo A. Gelpi on 1/14/2021. (CRH) Modified on 1/15/2021 (mg). |
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Filing 17
ORDER: Noted #16 Amended Motion In Compliance with Orders to Show Cause Dkt. 9 as to 9 Order; Granting #7 Motion to Remand to State Court. Defendants, as the parties seeking removal, have failed to show that removal was proper and thus, did not established a basis for federal jurisdiction. See Fayard v. Northeast Vehicle Services, LLC, 533 F.3d 42, 48 (1st Cir. 2008); Danca v. Private Health Care Systems, 185 F.3d 1, 4 (1st Cir. 1999). Pursuant to the parties' submissions, removal in this case was untimely. See 28 U.S.C. 1441(e); Rios v. Lantz, 402 F. Supp. 3d 1, 2 (D.P.R. 2019). Furthermore, a federal court lacks subject-matter jurisdiction over claims "brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments." Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). See also Puerto Ricans for P.R. Party v. Dalmau, 544 F.3d 58, 68 (1st Cir. 2008). Accordingly, this case is remanded to the Commonwealth of Puerto Rico Courts. As a result of this frivolous removal, the Court holds the imposition of $500 monetary sanctions against Defendants' counsel under Fed. R. Civ. P. 11 and 28 U.S.C. 1927. See also Reyes v. Prof. Hepa Certificate Corp., 86 F. Supp. 3d 79 (D.P.R. 2015), aff'd sub nom. Escribano-Reyes v. Prof. Hepa Certificate Corp., 817 F.3d 380 (1st Cir. 2016). Similarly, just costs and actual expenses will be awarded to Plaintiff under 28 U.S.C. 1447(c). Plaintiff shall file a motion, on or before February 1, 2021, to this effect and for the Court's approval. The monetary sanctions shall be deposited with the Clerk of Court on or before February 1, 2021. Signed by Judge Gustavo A. Gelpi on 1/13/2021. (CRH)
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| Filing 16 Amended Motion In Compliance with Orders to Show Cause Dkt. 9 as to 9 Order,,, filed by Gabriel R. Aviles-Aponte on behalf of Ivan Cofresi-Capestany, Conjugal Partnership Cofresi-Torres, ICFQ Desarrollos Carraizo, Inc., Marduk Construction Corp., Marduk Development, Corp., Mirador de la Gloria, Inc., Mirador del Rio, Inc., Redmag, Inc., Carmen L Torres-Lopez, Villas de San Agustin Development, Corp. Responses due by 1/13/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exh. 1 Mandate SCPR, #2 Exhibit Exh. 2 Mandate Appeals Court PR)(Related document(s) 9 ) (Aviles-Aponte, Gabriel) |
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Filing 15
ORDER: Granting as requested #14 Motion for Extension of Time until 12/30/20 to file Amended or Supplemental Motion in Relation to Docket #13; Noted #13 Motion in Compliance to DK 9 Order and Response in Opposition to Motion, re: DK 7 Motion to Remand Regarding Filed Notice of Removal; Granting as requested #11 First Motion for Extension of Time until 12/30/20 to File Response/Reply to Order to Show Cause and Opposition to Motion for Remand as to 9 Order. Signed by Judge Gustavo A. Gelpi on 12/29/2020. (CRH)
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| Filing 14 MOTION for Extension of Time until 12/30/20 to file Amended or Supplemental Motionin Relation to Docket #13 filed by Gabriel R. Aviles-Aponte on behalf of Ivan Cofresi-Capestany, Conjugal Partnership Cofresi-Torres, ICFQ Desarrollos Carraizo, Inc., Marduk Construction Corp., Marduk Development, Corp., Mirador de la Gloria, Inc., Mirador del Rio, Inc., Redmag, Inc., Carmen L Torres-Lopez, Villas de San Agustin Development, Corp. Responses due by 1/12/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Aviles-Aponte, Gabriel) |
| Filing 13 MOTION In Compliance to DK 9 ORDER and RESPONSE in Opposition to Motion, re: DK #7 Motion to Remand. Regarding Filed Notice of Removal filed by ICFQ Desarrollos Carraizo, Inc., Conjugal Partnership Cofresi-Torres, Villas de San Agustin Development, Corp., Mirador de la Gloria, Inc., Carmen L Torres-Lopez, Redmag, Inc., Ivan Cofresi-Capestany, Marduk Development, Corp., Mirador del Rio, Inc., Marduk Construction Corp. Re: 9 Order,,, filed by ICFQ Desarrollos Carraizo, Inc., Conjugal Partnership Cofresi-Torres, Villas de San Agustin Development, Corp., Mirador de la Gloria, Inc., Carmen L Torres-Lopez, Redmag, Inc., Ivan Cofresi-Capestany, Marduk Development, Corp., Mirador del Rio, Inc., Marduk Construction Corp.. (Aviles-Aponte, Gabriel) Modified on 12/29/2020 to correct event, edit docket title text and create relationship to dockets. (mg) |
| Filing 12 STANDING ORDERS: STANDING ORDERS: (1) DISCOVERY DISPUTES, (2) COURTESY COPIES, (3) DEPOSITIONS IN CIVIL CASES, (4) CONSENT TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE, (5) COMMUNICATIONS BY COUNSEL OR THEIR STAFF WITH JUDGE GELPI'S CHAMBERS' STAFF, (6) CODE OF CIVILITY. (mg) |
| Filing 11 First MOTION for Extension of Time until 12/30/20 to File Response/Reply to Order to Show Cause and Opposition to Motion for Remand as to 9 Order,,, #7 MOTION to Remand to State Court filed by PRCI Loan LLC filed by Gabriel R. Aviles-Aponte on behalf of Ivan Cofresi-Capestany, Conjugal Partnership Cofresi-Torres, ICFQ Desarrollos Carraizo, Inc., Marduk Construction Corp., Marduk Development, Corp., Mirador de la Gloria, Inc., Mirador del Rio, Inc., Redmag, Inc., Carmen L Torres-Lopez, Villas de San Agustin Development, Corp. Responses due by 1/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 9 , #7 ) (Aviles-Aponte, Gabriel) |
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Filing 10
ORDER: Granting #6 First Motion for extension of time; Granting #8 Motion for Leave to File Spanish language documents. Translation due in thirty (30) days. Signed by Judge Gustavo A. Gelpi on 12/23/2020. (CRH)
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Filing 9
ORDER: Defendant shall SHOW CAUSE on or before December 28, 2020 as to why this removed case should not be immediately remanded to Commonwealth court. From Defendant's own pleadings and exhibits it is clear that when the purported federal issue arose, it did not remove the case within thirty days thereafter, but rather chose to continue via the Commonwealth appellate process. Moreover, a defense based on federal law does not convert an otherwise purely state law claim to a removable one. Finally, Defendant shall along-with SHOW CAUSE as to why it, as well as its counsel, should not be sanctioned under Fed. R. Civ. P. 11 and 28 U.S.C. sec. 1927, as well as imposed costs. Signed by Judge Gustavo A. Gelpi on 12/22/2020. (CRH)
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| Filing 8 MOTION for Leave to File Spanish language documents filed by Francisco J. Fernandez-Chiques on behalf of PRCI Loan LLC Responses due by 1/4/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez-Chiques, Francisco) |
| Filing 7 MOTION to Remand to State Court filed by Francisco J. Fernandez-Chiques on behalf of PRCI Loan LLC Responses due by 1/4/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Fernandez-Chiques, Francisco) |
| Filing 6 First MOTION for extension of time until January 19, 2021 to File Certified Translation of Exhibits filed by Gabriel R. Aviles-Aponte on behalf of Ivan Cofresi-Capestany, Conjugal Partnership Cofresi-Torres, ICFQ Desarrollos Carraizo, Inc., Marduk Construction Corp., Marduk Development, Corp., Mirador de la Gloria, Inc., Mirador del Rio, Inc., Redmag, Inc., Carmen L Torres-Lopez, Villas de San Agustin Development, Corp. Responses due by 1/4/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Aviles-Aponte, Gabriel) |
| Filing 5 NOTICE of Appearance by Francisco J. Fernandez-Chiques on behalf of PRCI Loan LLC (Fernandez-Chiques, Francisco) |
| Filing 4 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Gustavo A. Gelpi. (vdm) |
| Filing 3 Supplemental Motion to Include Civil Cover and Category Sheets re: #2 Notice of Defective Filing, #1 Notice of Removal,,,, filed by Gabriel R. Aviles-Aponte on behalf of Ivan Cofresi-Capestany, ICFQ DESARROLLOS CARRAIZO, INC., Legal Conjugal Partnership Cofresi-Torres, MARDUK CONSTRUCTION, CORP., MARDUK DEVELOPMENT, CORP., MIRADOR DE LA GLORIA INC., MIRADOR DEL RO, INC., REDMAG, INC., Carmen L Torres-Lopez, VILLAS DE SAN AGUSTN DEVELOPMENT, CORP. Responses due by 12/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Related document(s) #2 , #1 ) (Aviles-Aponte, Gabriel) |
| Filing 2 CLERK'S NOTICE OF DEFECTIVE FILING: Civil Cover Sheet (JS44) and Category sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 11/24/2020. (ad) |
| Filing 1 NOTICE OF REMOVAL from Caguas Superior Court Part Caguas, case number E CD 2009-01991 (702). (Filing fee $ 400 receipt number 0104-7093091), filed by ICFQ DESARROLLOS CARRAIZO, INC., Legal Conjugal Partnership Cofresi-Torres, VILLAS DE SAN AGUSTN DEVELOPMENT, CORP., MIRADOR DE LA GLORIA INC., Carmen L Torres-Lopez, REDMAG, INC., Ivan Cofresi-Capestany, MARDUK DEVELOPMENT, CORP., MIRADOR DEL RO, INC., MARDUK CONSTRUCTION, CORP.. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit)(Aviles-Aponte, Gabriel) |
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