cm_ecf live - u-1.s. district court for the district of puerto rico.pdf

7/29/2019 CM_ECF LIVE - U-1.S. District Court for the District of Puerto Rico.pdf

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CASREF

United States District Court

District of Puerto Rico (San Juan)

CIVIL DOCKET FOR CASE #: 3:09-cv-02280-ADC-BJM

Puerto Rico Land & Fruit, S.E. v. Municipality of Culebra et alAssigned to: Chief Judge Aida M. Delgado-ColonReferred to: US Magistrate Judge Bruce J. McGiverinDemand: $2,500,000Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 12/23/2009Jury Demand: DefendantNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

Plaintiff

Puerto Rico Land & Fruit, S.E. represented by Fernando E. Agrait-BetancourtFernando E. Agrait Law OfficeCentro de Seguros Bldg.Suite 415

701 Ponce de Leon Ave.San Juan, PR 00907787-725-3390Fax: 787-724-0353Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Lourdes I. Morera-Ledon2900 Carr. 834

Villa Mercedes,Buzon 4025Guaynabo, PR 00971787-397-2679Fax: 1-877-290-1150Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Orlando H. Martinez-Echeverria

Orlando H. Martinez Law Office701 Ponce De Leon Ave.Centro de Seguros Bldg.Suite 413San Juan, PR 00907787-722-2378Fax: 787-724-0353Email: [email protected] TO BE NOTICED

Plaintiff

Victor Gonzalez represented by Fernando E. Agrait-Betancourt(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


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Lourdes I. Morera-Ledon(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Orlando H. Martinez-Echeverria(See above for address)ATTORNEY TO BE NOTICED

V.

Defendant

Municipality of Culebra represented by Carlos E. GeigelPO Box 2461Manati, PR 00674787-475-0418 / 587-2027Fax: 787-854-0856

Email: [email protected]: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED

Luis R. Lugo-Emanuelli

Lugo Emanuelli Law OfficePO Box 34Fajardo, PR 00738787-860-3949Fax: 787-860-5600Email: [email protected]: 02/12/2013

Defendant

Culebra Conservation and

Development Authority

represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED

Luis R. Lugo-Emanuelli(See above for address)TERMINATED: 02/12/2013

Defendant

Abraham Pena-Nieves represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Mayor of CulebraIn his personal and official capacity

represented by Carlos E. Geigel(See above for address)


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TERMINATED: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Ricarda RiveraIn her personal and official capacityTERMINATED: 08/21/2012

represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011

LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

Ovidio Ortiz-AyalaIn his personal and official capacityTERMINATED: 08/21/2012


Defendant

Ricardo CarrionIn his personal and official capacity


Defendant

Alexis OjedaIn his personal and official capacity

TERMINATED: 08/21/2012



Defendant

Carlos Geigel-BunkerIn his personal capacity


Luis R. Rivera-RodriguezLuis Rafael Rivera Law OfficeCapital Center Bldg. Suite 401239 Arterial HostosSan Juan, PR 00918787-763-1780Fax: (787)763-2145Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Ricardo CarrionIn his personal and official capacity



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Counter Claimant

Alexis OjedaIn his personal and official capacity

represented by Carlos E. Geigel(See above for address)LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Counter Claimant

Carlos Geigel-BunkerIn his personal capacity


Counter Claimant

Municipality of Culebra represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED


Counter ClaimantCulebra Conservation andDevelopment Authority



LEAD ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Abraham Pena-Nieves represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Mayor of CulebraIn his personal and official capacity

represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEY


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Counter Claimant

Ricarda RiveraIn her personal and official capacity

represented by Carlos E. Geigel(See above for address)TERMINATED: 09/12/2011LEAD ATTORNEY


Counter Claimant

Ovidio Ortiz-AyalaIn his personal and official capacity


V.

Counter Defendant

Puerto Rico Land & Fruit, S.E. represented by Fernando E. Agrait-Betancourt(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Lourdes I. Morera-Ledon

Centro Internacional de MercadeoTorre II Suite 403

Guaynabo, PR 00968-8058787-622-3899 / 397-2679Fax: 1-877-290-1150Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Municipality of Culebra represented by Carlos E. Geigel(See above for address)



V.

Counter DefendantVictor Gonzalez

Counter Claimant


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Abraham Pena-Nieves

V.

Counter Defendant

Victor Gonzalez represented by Fernando E. Agrait-Betancourt(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Lourdes I. Morera-Ledon(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Counter Claimant

Abraham Pena-Nieves

V.

Counter Defendant

Victor Gonzalez

Counter Defendant

Puerto Rico Land & Fruit, S.E.

Date Filed # Docket Text02/14/2013 217 ORDER REFERRING CASE to Magistrate Judge McGiverin for a final settlement

conference. Signed by Chief Judge Aida M. Delgado-Colon on 2/14/2013.(wm)(Entered: 02/14/2013)

02/12/2013 216 ORDER granting 215 Motion to Withdraw as Attorney. Signed by Chief JudgeAida M. Delgado-Colon on 2/12/2013. (wm) (Entered: 02/12/2013)

02/08/2013 215 MOTION to Withdraw Attorney as to Luis R. Lugo-Emanuelli filed by Luis R.Lugo-Emanuelli on behalf of Culebra Conservation and Development Authority,Municipality of Culebra Suggestions in opposition/response due by 2/25/2013

(Lugo-Emanuelli, Luis) (Entered: 02/08/2013)

02/07/2013 214 RESPONSE to Motion filed by Carlos Geigel-Bunker Re: 213 MOTION forSetting Settlement Conference filed by Victor Gonzalez, Puerto Rico Land & Fruit,S.E. filed by Carlos Geigel-Bunker. (Rivera-Rodriguez, Luis) (Entered:02/07/2013)

02/06/2013 213 MOTION for Setting Settlement Conference filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by2/22/2013 (Martinez-Echeverria, Orlando) (Entered: 02/06/2013)

01/31/2013 212 ORDER re 211 MOTION for Extension of Time until February 6, 2013 to fileSettlement Documents Motion In Compliance. Granted as requested. Complianceby 2/6/2013. Signed by Chief Judge Aida M. Delgado-Colon on 1/31/2013.(wm)(Entered: 01/31/2013)


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01/30/2013 211 MOTION for Extension of Time until February 6, 2013 to file SettlementDocuments, Motion In Compliance filed by Orlando H. Martinez-Echeverria onbehalf of Carlos Geigel-Bunker, Victor Gonzalez, Puerto Rico Land & Fruit, S.E.Suggestions in opposition/response due by 2/15/2013 (Martinez-Echeverria,Orlando) (Entered: 01/30/2013)

01/17/2013 210 ORDER noted 209 INFORMATIVE motion. Parties are ordered to submitsettlement agreement by January 31, 2013. Failure to submit settlement documentswill result in this court's consideration of the pending motions and merits of the

case, including the setting of trial dates. Signed by Chief Judge Aida M. Delgado-Colon on 1/17/2012. (wm) (Entered: 01/17/2013)

01/15/2013 209 INFORMATIVE Motion filed by Luis R. Rivera-Rodriguez on behalf of CarlosGeigel-Bunker Suggestions in opposition/response due by 1/31/2013 (Rivera-Rodriguez, Luis) (Entered: 01/15/2013)

12/18/2012 208 ORDER Noted 207 INFORMATIVE motion. The parties are ordered to submit thesettlement agreement or update the Court of the status of the settlement discussionson or before 12/28/2012. Advise Court of Settlement Deadline due by 12/28/2012.Signed by Chief Judge Aida M. Delgado-Colon on 12/18/2012. (sr) (Entered:

12/18/2012)

12/14/2012 207 INFORMATIVE Motion filed by Luis R. Rivera-Rodriguez on behalf of CarlosGeigel-Bunker Suggestions in opposition/response due by 1/2/2013 (Rivera-Rodriguez, Luis) (Entered: 12/14/2012)

11/29/2012 206 ORDER. This case is nearing its three year anniversary. Plaintiffs have alreadysettled with the defendants, with the exception of Geigel. ECF Nos. 182, 193, 195.Geigel now appears willing to settle this case. As such, the parties are ORDEREDto appear before this Court on December 3, 2012, at 2:00 P.M. for a settlementconference. Settlement Conference is set for 12/3/2012 at 2:00 PM in ADC'sChambers before Chief Judge Aida M. Delgado-Colon. Signed by Chief JudgeAida M. Delgado-Colon on 11/29/2012.(wm) (Entered: 11/29/2012)

11/13/2012 205 ORDER re 203 Motion to Withdraw. Granted in light of Luis R. Rivera-Rodriguez's appearance on defendnat's behalf. ECF No. 204. Clerk of Court is tonote accordingly. Signed by Chief Judge Aida M. Delgado-Colon on 11/13/2012.(wm) (Entered: 11/13/2012)

11/09/2012 204 NOTICE of Appearance by Luis R. Rivera-Rodriguez on behalf of Carlos Geigel-Bunker (Rivera-Rodriguez, Luis) (Main Document 204 replaced on 11/15/2012)(ov). (Entered: 11/09/2012)

11/09/2012 203 MOTION to Withdraw filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker Suggestions in opposition/response due by 11/29/2012 (Geigel, Carlos)(Entered: 11/09/2012)

10/28/2012 202 RESPONSE to Motionfor reconsideration filed by Carlos Geigel-Bunker Re: 201Motion In Compliance with Order to Show Cause MOTION for Reconsideration re200 Opinion and Order (Geigel, Carlos) Modified on 11/1/2012 to eliminaterepetitive text(ov). (Entered: 10/28/2012)

10/19/2012 201 Motion In Compliance with Order to Show Cause, MOTION for Reconsideration

re 200 Opinion and Order filed by Orlando H. Martinez-Echeverria on behalf ofAll Plaintiffs Suggestions in opposition/response due by 11/5/2012 (Attachments:# 1 Exhibit Exhibit 1 Certification Depo Transcript Carlos Geigel, # 2 ExhibitExhibit 2 Certification Depo Transcript Ricarda Rivera, # 3 Exhibit Exhibit 3


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Certification Depo Transcript Dolly Camareno, # 5 Exhibit Exhibbit 5 SwornDelaration Javier Ra)(Related document(s) 200 ) (Martinez-Echeverria, Orlando)(Entered: 10/19/2012)

09/30/2012 Motions terminated: 162 MOTION for Summary Judgment in favor of Plaintiffsfiled by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Signed by Chief JudgeAida M. Delgado-Colon on 9/30/2012.(wm) (Entered: 10/01/2012)

09/30/2012 200 OPINION AND ORDER re 162 MOTION for Summary Judgment in favor of

Plaintiffs. DENIED. Signed by Chief Judge Aida M. Delgado-Colon on 9/30/2012.(wm) (Entered: 10/01/2012)

09/27/2012 199 OPINION AND ORDER re 165 MOTION to dismissfor lack of standing as to AllPlaintiffs MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTIONfor Summary Judgment on Counterclaim. plaintiffs' motion to dismisscounterclaim (ECF No. 165) is GRANTED and defendants' counterclaim (ECFNo. 67) for compensatory and punitive damages for plaintiffs' alleged violation ofLaw 66 and Municipal Law 17 is DISMISSED WITHOUT PREJUDICE. Signedby Chief Judge Aida M. Delgado-Colon on 9/27/2012.(wm) (Entered: 09/27/2012)

09/25/2012 198 ORDER re 174 Motion to Strike Defendants' Verified State of Material Facts.Granted in Part and Denied in Part. Signed by Chief Judge Aida M. Delgado-Colonon 9/25/2012. (wm) (Entered: 09/25/2012)

09/07/2012 197 MOTION Submitting Translations re: 187 Motion In Compliance with Order (Dkt183) and Order to Show Cause (Dkt 186) Motion In Compliance with Order (Dkt183) and Order to Show Cause (Dkt 186) filed by Victor Gonzalez, Puerto RicoLand & Fruit, S.E., 188 MOTION for Leave to File Spanish language documentsfiled by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Orlando H.Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/responsedue by 9/24/2012 (Attachments: # 1 Translations)(Related document(s) 187 , 188 )

(Martinez-Echeverria, Orlando) (Entered: 09/07/2012)

08/30/2012 196 ORDER noted 195 Motion In Compliance. In view of plaintiff's representations,the claims as to defendant Abraham Pena-Nieves in his personal capacity aredismissed with prejudice. Additionally, the claims as to Ricardo Lopez-Cepero, thecurrent Mayor of Culebra who was substituted for Abraham Pena-Nieves in hisofficial capacity, are dismissed with prejudice. Signed by Chief Judge Aida M.Delgado-Colon on 8/29/2012. (wm) (Entered: 08/30/2012)

08/27/2012 195 Motion In Compliance filed by Orlando H. Martinez-Echeverria on behalf of AllPlaintiffs Suggestions in opposition/response due by 9/13/2012 (Martinez-

Echeverria, Orlando) (Entered: 08/27/2012)

08/21/2012 194 ORDER TO SHOW CAUSE. Plaintiffs are ORDERED to show cause on or beforeAugust 24, 2012, as to why the claims asserted against Cepero should not bedismissed in view of the parties settlement agreement at ECF No. 182 at Exh. 1.Show Cause Response due by 8/24/2012. Signed by Chief Judge Aida M.Delgado-Colon on 8/21/2012.(wm) (Entered: 08/21/2012)

08/21/2012 193 ORDER re 192 MOTION to dismiss; Motion In Compliance; MOTION forJudgment; MOTION requesting Order. Noted. Plaintiffs claims against defendnatsRicarda Rivera, Ovidio Ortiz Ayala, Alexis Ojeda & Enrique Carrion are hereby

dismissed with prejudice. The Court retains jurisdiction as to any disputes regardsterms of settlement. Signed by Chief Judge Aida M. Delgado-Colon on 8/21/2012.(wm) (Entered: 08/21/2012)


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and Enrique Carrion by Victor Gonzalez, Puerto Rico Land & Fruit, S.E..(Attachments: # 1 Exhibit Sworn Declaration Enrique Carrion) (Martinez-Echeverria, Orlando) Modified on 8/20/2012 to correct title (ov). Added, Motion InCompliance with Court Order, MOTION for Consent Judgment, MOTIONrequesting Order to grant motion for summary judgment, on 8/20/2012 (ov).(Entered: 08/17/2012)

08/07/2012 191 ORDER granting 188 Motion for Leave to File Spanish language documents.Translations to be filed on or before 8/24/2012. Signed by Chief Judge Aida M.Delgado-Colon on 8/7/2012. (wm) (Entered: 08/07/2012)

08/07/2012 190 ORDER noted 187 Motion In Compliance. Plaintiffs are to file a motion to dismissas to co-defendants Rivera, Ayala and Ojeda on or before 8/17/2012. Plaintiffs areto inform court as to the status of settlement negotiations with Carrion on or before8/17/2012. Signed by Chief Judge Aida M. Delgado-Colon on 8/7/2012. (wm)(Entered: 08/07/2012)

08/03/2012 189 RESPONSE to Motion filed by Carlos Geigel-Bunker Re: 187 Motion InCompliance with Order (Dkt 183) and Order to Show Cause (Dkt 186) filed byVictor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Carlos Geigel-Bunker.(Geigel, Carlos) Modified on 8/6/2012 to eliminate repetititve text (ov). (Entered:08/03/2012)

08/01/2012 188 MOTION for Leave to File Spanish language documents filed by Orlando H.Martinez-Echeverria on behalf of All Plaintiffs (Martinez-Echeverria, Orlando)(Entered: 08/01/2012)

08/01/2012 187 Motion In Compliance with Order (Dkt 183) and Order to Show Cause (Dkt 186)filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs (Attachments:# 1 Exhibit Swiorn declarations Ricarda Rivera, Ovidio Ortiz, Alexis Ojeda)(Martinez-Echeverria, Orlando) (Entered: 08/01/2012)

08/01/2012 186 ORDER TO SHOW CAUSE. Plaintiffs Victor Gonzalez and Puerto Rico Land &Fruit, S.E. were ordered to inform the Court as to the status of settlementnegotiations with the remaining defendants in the case on or before 7/31/2012.Given their noncompliance with Court orders, plaintiffs are ORDERED to showcause in writing on or before 8/6/2012, as to why monetary sanctions should not beimposed. Failure to comply may result in additional sanctions. Show CauseResponse due by 8/6/2012. Signed by Chief Judge Aida M. Delgado-Colon on8/1/2012.(wm) (Entered: 08/01/2012)

08/01/2012 185 ORDER TO SHOW CAUSE. Co-defendants Ricarda Rivera, Ovidio Ortiz,

Ricardo Carrion and Alexis Ojeda must show cause, in writing and within the nextfive (5) days, as to why sanctions shall not be imposed, and shall also notify theCourt of their new legal representation on or before August 7, 2012. Failure tocomply with the Court's order may result in additional sanctions. Show CauseResponse due by 8/7/2012. Signed by Chief Judge Aida M. Delgado-Colon on7/30/2012.(wm) (Entered: 08/01/2012)

07/16/2012 184 ORDER noted 181 Motion submitting. Signed by Chief Judge Aida M. Delgado-Colon on 7/16/2012. (wm) (Entered: 07/16/2012)

07/12/2012 183 ORDER re 182 MOTION Submitting MOTION for Judgment. Granted. Complaint

is dismissed with prejudice as to defendants Municipality of Culebra & CulebraConservation & Development Authority. Plaintiffs are to inform the Court as to thestatus of settlement negotiations with the remaining defendants on or before7/31/2012. Signed by Chief Judge Aida M. Delgado-Colon on 7/11/2012.(wm)


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(Entered: 07/12/2012)06/06/2012 182 ***SELECTED PARTIES***MOTION Submitting Settlement Agreement

Between Plaintiffs, Municiality of Culebra and ACDECby Victor Gonzalez,Puerto Rico Land & Fruit, S.E., Municipality of Culebra, Culebra Conservationand Development Authority. (Attachments: # 1 Settlement Agreement) (Martinez-Echeverria, Orlando) Modified on 6/7/2012 to correct title (ov). Added MOTIONfor Entry of Consent Judgment on 6/7/2012 (ov). (Entered: 06/06/2012)

02/24/2012 181 MOTION Submitting Certified Translations re 163 Statement filed by Victor

Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 3 toStatement, # 2 Exhibit 4 to Statement, # 3 Exhibit 5 to Statement)(Relateddocument(s) 166 , 177 , 163 , 179 ) (Morera-Ledon, Lourdes) Modified on2/27/2012 to edit text (ov). (Entered: 02/24/2012)

02/17/2012 180 REPLY to Response to Motion filed by All Plaintiffs Re: 162 MOTION forSummary Judgment in favor of Plaintiffs filed by Victor Gonzalez, Puerto RicoLand & Fruit, S.E. filed by All Plaintiffs. (Martinez-Echeverria, Orlando) Modifiedon 2/21/2012 to edit text and relationship(ov). (Entered: 02/17/2012)

02/13/2012 179 ORDER granting 177 Motion for extension of time. Pending translations due

2/24/2012. No further extensions will be granted. Signed by Chief Judge Aida M.Delgado-Colon on 2/13/2012. (wm) (Entered: 02/13/2012)

02/13/2012 178 ORDER granting 176 MOTION for Extension of Time until 2-17-2012 to FileResponse/Reply as to 168 Response in Opposition to Motion Reply due by2/17/2012. No further extensions will be granted. Signed by Chief Judge Aida M.Delgado-Colon on 2/13/2012. (wm) (Entered: 02/13/2012)

02/13/2012 177 MOTION for extension of time until 2-24-2012 to to submit additional translationsfiled by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions inopposition/response due by 3/1/2012 (Attachments: # 1 Exhibit 13 to Plaintiffs'

Statement, # 2 Exhibit 14 to Plaintiffs' Statement, # 3 Exhibit 22 to Plaintiffs'Statement, # 4 Exhibit 24 to Plaintiffs' Statement, # 5 Exhibit 25 to Plaintiffs'Statement, # 6 Exhibit 28 to Plaintiffs' Statement, # 7 Exhibit 29 to Plaintiffs'Statement, # 8 Exhibit 30 to Plaintiffs' Statement, # 9 Exhibit 31 to Plaintiffs'Statement, # 10 Exhibit 32 to Plaintiffs' Statement, # 11 Exhibit 39 to Plaintiffs'Statement)(Morera-Ledon, Lourdes) (Entered: 02/13/2012)

02/13/2012 NOTICE of Docket Text Modification by Deputy Clerk re: 175 MOTION toStrike. ***ENTRY MODIFIED TO READ: MEMORANDUM IN OPPOSITIONre: 171 OBJECTION, filed by Plaintiffs, etc. *** (ov) Modified on 2/13/2012 to

edit text (ov). (Entered: 02/13/2012)

02/10/2012 176 MOTION for Extension of Time until 2-17-2012 to File Response/Reply as to 168Response in Opposition to Motion, filed by Ovidio Ortiz-Ayala, Alexis Ojeda,Ricardo Carrion, Carlos Geigel-Bunker, Ricarda Rivera, 169 Memorandum inOpposition to Motion, filed by Ovidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion,Carlos Geigel-Bunker, Ricarda Rivera filed by Lourdes I. Morera-Ledon on behalfof All Plaintiffs Suggestions in opposition/response due by 2/27/2012 (Relateddocument(s) 168 , 169 ) (Morera-Ledon, Lourdes) (Entered: 02/10/2012)

02/10/2012 175 MEMORANDUM in Opposition Re: 171 Response in Support of Motion, filed byOvidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, RicardaRivera filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs. Suggestions inopposition/response due by 2/27/2012 (Related document(s) 171 ) (Morera-Ledon,


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02/10/2012 174 MOTION to Strike Re: 170 STATEMENT OF MATERIAL FACTS filed byOvidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, RicardaRivera filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions inopposition/response due by 2/27/2012 (Attachments: # 1 Exhibit A-Ricarda RiveraDeposition)(Related document(s) 170 ) (Morera-Ledon, Lourdes) Modified on2/13/2012 to edit entry (ov). (Entered: 02/10/2012)

02/06/2012 173 ORDER Granted re 172 Motion for Leave to File. Reply due by 2/10/2012. Signed

by Chief Judge Aida M. Delgado-Colon on 2/6/2012. (sr) (Entered: 02/06/2012)

01/30/2012 172 MOTION for Leave to File Document (Reply/Opposition to Dockets Nos. 168-171)filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions inopposition/response due by 2/16/2012 (Morera-Ledon, Lourdes) (Entered:01/30/2012)

01/23/2012 171 OBJECTION re: 163 STATEMENT of Uncontested Facts filed by VictorGonzalez, Puerto Rico Land & Fruit, S.E., filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera (Geigel, Carlos)Modified on 1/24/2012 to correct title (ov). (Entered: 01/23/2012)

01/23/2012 170 STATEMENT OF MATERIAL FACTS filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera re: 168 RESPONSE inOpposition to Motion, filed by Ricardo Carrion, Carlos Geigel-Bunker, AlexisOjeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162 MOTION for SummaryJudgment filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed byRicardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, RicardaRivera. (Geigel, Carlos) Modified on 1/24/2012 to correct title.(ov) Modified on1/24/2012 to correct title and add relationship(ov). (Entered: 01/23/2012)

01/23/2012 169 Memorandum of Law in Support of Summary Judgmentfiled by Ricardo Carrion,

Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162MOTION for Summary Judgment in favor of Plaintiffs filed by Victor Gonzalez,Puerto Rico Land & Fruit, S.E. filed by Ricardo Carrion, Carlos Geigel-Bunker,Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera. (Geigel, Carlos) Modified on1/24/2012 to correct title (ov). (Entered: 01/23/2012)

01/23/2012 168 RESPONSE in Opposition to Motion filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162 MOTION forSummary Judgment filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filedby Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala,Ricarda Rivera. (Geigel, Carlos) Modified on 1/24/2012 to edit text(ov). (Entered:

01/23/2012)

01/19/2012 167 ORDER re 166 MOTION for Leave to File Spanish language documents and forExtension of Time. Granted. Translations to be filed on or before 2/13/2012.Signed by Chief Judge Aida M. Delgado-Colon on 1/19/2012.(wm) (Entered:01/19/2012)

01/13/2012 166 MOTION for Leave to File Spanish language documentsfiled together withDockets 163, 164 & 165 filed by Lourdes I. Morera-Ledon on behalf of AllPlaintiffs (Morera-Ledon, Lourdes). Added on 1/17/2012, MOTION for Extensionof Time for 30 days to file translations (ov). (Entered: 01/13/2012)

01/13/2012 165 MOTION to dismiss Counterclaimfor lack of standing as to All Plaintiffs (Suggestions in opposition/response due by 1/30/2012), MOTION to Dismiss/Lackof Jurisdiction, Counterclaim as to All Plaintiffs ( Suggestions ino osition/res onse due b 1/30/2012 , MOTION for Summar Jud ment on


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Counterclaim ( Suggestions in Opposition to Summary Judgment due by1/30/2012.) filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs(Attachments: # 1 Ex. 1)(Martinez-Echeverria, Orlando) Modified on 1/17/2012 toadd text (ov). (Entered: 01/13/2012)

01/13/2012 164 NOTICE of Filing Exhibits by Victor Gonzalez, Puerto Rico Land & Fruit, S.E.(Attachments: # 1 Exhibit 21-CCDA Order February 4, 2010, # 2 Exhibit 2-Orderfor Stay DNER, # 3 Exhibit 23-Letter Areces March 17, 2010, # 4 Exhibit 24-Letter CCDA February 24, 2010, # 5 Exhibit 25-CCDA Order 2-19-2010, # 6

Exhibit 26-Administrative Judge Order Feb. 18, # 7 Exhibit 27-AdministrativeJudge Order Jan. 29, 2010, # 8 Exhibit 28-Administrative Judge Order February24, 2010, # 9 Exhibit 29-Administrative Judge ORder March 12, 2010, # 10Exhibit 30- Letter to CCDA March 1, 2010, # 11 Exhibit 31-Administrative JudgeOrder March 19, 2010, # 12 Exhibit 32-CCDA Order March 19, 2010, # 13 Exhibit33-Declaration Victor Gonzalez March 19, 2010, # 14 Exhibit 34-Letter ArecesMarch 22, 2010, # 15 Exhibit 35-CCDA Order May 13, 2010, # 16 Exhibit 36-Sworn Statement Ramon Burgos, # 17 Exhibit 37-CCDA ORder July 2, 2010, # 18Exhibit 38-Objection to July 2, 2010 Order, # 19 Exhibit 39-Resolution August 20,2010) (Morera-Ledon, Lourdes) (Entered: 01/13/2012)

01/13/2012 163 STATEMENT Of Uncontested Facts filed by Victor Gonzalez, Puerto Rico Land& Fruit, S.E. re: 162 MOTION for Summary Judgment in favor of Plaintiffs filedby Victor Gonzalez, Puerto Rico Land & Fruit, S.E.. (Attachments: # 1 Exhibit 1-Declaration Victor Gonzalez, # 2 Exhibit 2-Deposition Geigel, # 3 Exhibit 3-Deposition Ricarda Rivera, # 4 Exhibit 4-Deposition Mayor, # 5 Exhibit 5-Deposition Dolly Camareno, # 6 Exhibit 6-Deed of Purchase, # 7 Exhibit 7-Memorandum of Understanding with USFWS, # 8 Exhibit 8-Endorsement, # 9Exhibit 9-Cooperative Agreement with USFWS, # 10 Exhibit 10-Agreement withDNER, # 11 Exhibit 11-Email VG Notice Reforestation, # 12 Exhibit 12-CCDAOrder December 22, 2009, # 13 Exhibit 13-Resolution DNER Administrative

Complaint, # 14 Exhibit 14-Letter DNER to USFWS, # 15 Exhibit 15-LetterUSFWS to DNER, # 16 Exhibit 16-Letter Areces January 26, 2010, # 17 Exhibit17-Sworn Statement Areces, # 18 Exhibit 18-Letter to CCDA January 8, 2010, #19 Exhibit 19-Motion for Sanctions, # 20 Exhibit 20-Complaint Expropiation)(Morera-Ledon, Lourdes) (Main Document 163 replaced on 1/17/2012) (ov).(Entered: 01/13/2012)

01/13/2012 162 MOTION for Summary Judgment with Memorandum in Support thereof, filed byOrlando H. Martinez-Echeverria on behalf of All Plaintiffs. Suggestions inOpposition to Summary Judgment due by 1/30/2012. (Martinez-Echeverria,Orlando) Modified on 1/17/2012 to add text (ov). (Entered: 01/13/2012)

12/29/2011 161 ORDER granting as requested 160 Motion for extension of time. Signed by USMagistrate Judge Bruce J. McGiverin on 12/29/2011. (jm) (Entered: 12/29/2011)

12/28/2011 160 MOTION for extension of time until January 13, 2012 to complete settlement/filedispositive motions filed by Orlando H. Martinez-Echeverria on behalf of AllPlaintiffs Suggestions in opposition/response due by 1/13/2012 (Martinez-Echeverria, Orlando) (Entered: 12/28/2011)

10/13/2011 159 ORDER granting 156 Motion for Leave to Appear ; granting in part 156 Motion

for extension of time; denying 156 Motion requesting Order. The term to completediscovery is extended to 12/2/11. The deadline to file dispositive motions isextended to 12/30/11. THESE DEADLINES ARE FINAL. All other requests aredenied. Signed by US Magistrate Judge Bruce J. McGiverin on October 13, 2011.


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,

10/13/2011 158 ORDER noted 155 Motion In Compliance.Signed by US Magistrate Judge BruceJ. McGiverin on October 13, 2011. (McGiverin, Bruce) (Entered: 10/13/2011)

10/12/2011 157 RESPONSE in Opposition to MotionRequesting Order filed by All Plaintiffs Re:156 MOTION for Leave to Appear MOTION for extension of time untilNovember 10, 2011 to determining the remaining discovery MOTION requestingOrder to order all other counsel and/or parties that within the next 10 daysproduce documents filed by Municipality of Culebra, Culebra Conservation and

Development Authority filed by All Plaintiffs. (Martinez-Echeverria, Orlando)(Entered: 10/12/2011)

10/10/2011 156 MOTION for Leave to Appear ( Suggestions in opposition/response due by10/27/2011), MOTION for extension of time until November 10, 2011 todetermining the remaining discovery, MOTION requesting Order to order all othercounsel and/or parties that within the next 10 days produce documents filed byLuis R. Lugo-Emanuelli on behalf of Culebra Conservation and DevelopmentAuthority, Municipality of Culebra (Lugo-Emanuelli, Luis) (Entered: 10/10/2011)

09/12/2011 155 Motion In Compliance with Court's Order filed by Carlos E. Geigel on behalf of

Carlos Geigel-Bunker (Attachments: # 1 Exhibit Certificate of Service)(Geigel,Carlos) (Entered: 09/12/2011)

09/09/2011 154 Minute Entry for proceedings held before US Magistrate Judge Bruce J.McGiverin:Settlement Conference held on 9/9/2011. The court discussedsettlement with appearing counsel. Settlement and discovery are stalled becausedefendant Municipality has not retained a new attorney or renewed the contract ofits present attorney, Mr. Geigel. Attorney Geigel is therefore granted leave towithdraw as counsel for the Municipality, its mayor, ACDEC, and the defendantofficials of these entities. He will continue to represent himself. The Municipality,ACDEC, and related defendants are granted until 10/10/11 for new counsel toappear. Failure to comply with this deadline may result in entry of default. Allremaining discovery shall be completed by 11/10/11. Dispositive motions shallbe filed by 12/9/11. No extensions to these deadlines will be granted. Attorney

Geigel shall notify this order to his former clients and shall file a certificate ofservice. So ordered. (McGiverin, Bruce) (Entered: 09/09/2011)

08/11/2011 153 ORDER denying 150 Motion for Reconsideration. Defendant failed to raise hisallegations at the proper time in order to oppose plaintiffs' statements regardingMagistrate Judge McGiverin's rulings during the 7/8/2011 conference. The courtshall not reconsider its previous imposition of sanctions based on defendant's

untimely assertions, particularly as defendant failed to appear for his deposition onthe date which he requested because he was on vacation outside of Puerto Rico.Signed by Chief Judge Aida M. Delgado-Colon on 8/10/2011. (wm) (Entered:08/11/2011)

08/10/2011 152 REPLY to Response to Motionfor Reconsideration on Sanctions filed by CarlosGeigel-Bunker Re: 150 MOTION for Reconsideration on Sanctions re 149 Order,filed by Carlos Geigel-Bunker filed by Carlos Geigel-Bunker. (Geigel, Carlos)(Entered: 08/10/2011)

08/10/2011 151 RESPONSE in Opposition to Motionfor Reconsideration of Sanctions filed by All

Plaintiffs Re: 150 MOTION for Reconsideration on Sanctions re 149 Order, filedby Carlos Geigel-Bunker filed by All Plaintiffs. (Martinez-Echeverria, Orlando)(Entered: 08/10/2011)

08/10/2011 150 MOTION for Reconsideration on Sanctions re 149 Order, filed by Carlos E. Geigel


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on e a o ar os e ge - un er uggest ons n oppos t on response ue y8/26/2011 (Related document(s) 149 ) (Geigel, Carlos) (Entered: 08/10/2011)

08/08/2011 149 ORDER. Plaintiffs' motion for sanctions (ECF No. 147) is GRANTED IN PART.Defendant shall reimburse plaintiffs $135.00 for services rendered by the courtreporter, as well as $475.00 in attorneys fees. Further, defendant's counter-requestfor sanctions (ECF No. 148) is DENIED. Signed by Chief Judge Aida M. Delgado-Colon on 8/8/2011.(wm) (Entered: 08/08/2011)

08/02/2011 148 RESPONSE to Motionfor Sanctions filed by Carlos Geigel-Bunker Re: 147MOTION for Sanctions as to Carlos Geigel-Bunker filed by Victor Gonzalez,Puerto Rico Land & Fruit, S.E. filed by Carlos Geigel-Bunker. (Geigel, Carlos)(Entered: 08/02/2011)

07/27/2011 147 MOTION for Sanctions as to Carlos Geigel-Bunker filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by8/12/2011 (Attachments: # 1 Exhibit 1 e-mail of July 8 2008, # 2 Exhibit 2Transcript Non-Appearance)(Martinez-Echeverria, Orlando) NOTE: SEE DKT146. (Entered: 07/27/2011)

07/27/2011 NOTICE of Docket Text Modification by Deputy Clerk re: 146 MOTION for

Sanctions as to Carlos Geigel-Bunker. ***DEFECTIVE FILING - CAPTIONINCOMPLETE*** (ov) (Entered: 07/27/2011)

07/26/2011 146 ***DEFECTIVE FILING - CAPTION INCOMPLETE*** MOTION forSanctions as to Carlos Geigel-Bunker filed by Orlando H. Martinez-Echeverria onbehalf of All Plaintiffs Suggestions in opposition/response due by 8/11/2011(Attachments: # 1 Exhibit 1 e-mail July 8 confirmation of Deposition, # 2 Exhibit 2Transcript Non Appearance Deposition)(Martinez-Echeverria, Orlando) Modifiedon 7/27/2011 (ov). (Entered: 07/26/2011)

07/08/2011 145 Minute Entry for proceedings held before US Magistrate Judge Bruce J.McGiverin: Settlement Conference held on 7/8/2011. The parties have continued todiscuss possible solutions to this case. However, the Municipality has not finalizedits appointment of new legal representation, but should do so shortly, and whichpoint Attorney Geigel will file a motion for leave to withdraw. Discoverycontinues. Further settlement conference is set before the undersigned for9/9/11 at 3:00 p.m. If no settlement results at that conference, the court will

establish short deadlines for concluding discovery and filing dispositivemotions. (McGiverin, Bruce) (Entered: 07/08/2011)

07/05/2011 144 ORDER noted 143 INFORMATIVE motion.Signed by Chief Judge Aida M.Delgado-Colon on 7/5/2011. (wm) (Entered: 07/05/2011)

07/05/2011 143 INFORMATIVE Motion regarding Deposition of Carlos Geigel Bunker filed byFernando E. Agrait-Betancourt on behalf of All Plaintiffs (Attachments: # 1Exhibit E-mail June 22 Confirmation Depo July 5, # 2 Exhibit E-mail July 1Confirmation Depo July 5, # 3 Exhibit E-mail July 5 Confirmation Depo July 11)(Agrait-Betancourt, Fernando) (Entered: 07/05/2011)

07/01/2011 142 NOTICE of Deposition by All Plaintiffs (Martinez-Echeverria, Orlando) (Entered:07/01/2011)

06/01/2011 141 Minute Entry for proceedings held before US Magistrate Judge Bruce J.McGiverin:Settlement Conference held on 6/1/2011. The parties have exchangedsettlement proposals, but no agreement has been reached. Attorney Geigelinformed that he is no longer under contract as the Municipality's attorney. The


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part es n orm t at a new attorney or t e un c pa ty e y w appear s ort y

after the end of the current fiscal year (June 30). Attorney Geigel will continue torepresent himself in his personal capacity. Further settlement/status conferenceis set before the undersigned for July 8, 2011 at 3:00 p.m. (McGiverin, Bruce)(Entered: 06/01/2011)

06/01/2011 140 ORDER finding as moot 138 Motion for extension of time.Signed by USMagistrate Judge Bruce J. McGiverin on June 1, 2011. (McGiverin, Bruce)(Entered: 06/01/2011)

05/25/2011 139 ORDER 137 Motion to Withdraw as Attorney. Denied at this juncture. Counselshall appear prepared for the scheduling and status conference set for June 1, 2011before a Magistrate Judge. Defendant shall strive to have substitute counsel bythen. Signed by Chief Judge Aida M. Delgado-Colon on 5/25/2011. (wm)(Entered: 05/25/2011)

05/12/2011 138 MOTION for extension of time until May 16, 2011 to Serve Settlement Demandfiled by Fernando E. Agrait-Betancourt on behalf of All Plaintiffs Suggestions inopposition/response due by 5/31/2011 (Agrait-Betancourt, Fernando) (MainDocument 138 replaced on 5/13/2011) (ov). (Entered: 05/12/2011)

05/12/2011 137 MOTION to Withdraw Attorney as to Carlos E. Geigel filed by Carlos E. Geigelon behalf of Carlos Geigel-Bunker (Geigel, Carlos) (Entered: 05/12/2011)

05/11/2011 136 ORDER: Settlement Conference is set for 6/1/2011 at 3:00 PM in BJM'sChambers before US Magistrate Judge Bruce J. McGiverin. Signed by USMagistrate Judge Bruce J. McGiverin on 5/11/2011.(yo) (Entered: 05/11/2011)

03/31/2011 135 OPINION AND ORDER re defendants' motion to dismiss filed at Docket Nos.116-118 are Granted in Part and Denied in Part. Signed by Judge Aida M.Delgado-Colon on 3/31/2011.(sr) (Entered: 04/04/2011)

03/24/2011 134 ORDER noted 133 Notice (Other) filed by Victor Gonzalez, Puerto Rico Land &Fruit, S.E. Signed by Judge Aida M. Delgado-Colon on 3/24/2011.(wm) (Entered:03/24/2011)

03/18/2011 133 NOTICE of Taking of Deposition to Defendant Abraham Pena, Mayor of Culebraby All Plaintiffs (Martinez-Echeverria, Orlando) (Entered: 03/18/2011)

02/16/2011 132 ORDER re 129 First INFORMATIVE Motion regarding Department of NaturalResources Legal OpinionFirst Motion In Compliance with Court order. Noted.Opinion and Order to follow. Signed by Judge Aida M. Delgado-Colon on

2/15/2011.(wm) (Entered: 02/16/2011)

10/18/2010 131 ORDER re 126 Motion for Reconsideration. Denied. This court's adoption of theR&R on 9/30/2010 renders the requested relief moot. Signed by Judge Aida M.Delgado-Colon on 10/15/2010. (wm) (Entered: 10/18/2010)

09/30/2010 130 OPINION AND ORDER re 17 Motion for Preliminary Injunction. The courthereby ADOPTS the R & R in full (Docket 80). Plaintiff's Motion for PreliminaryInjunction (Docket No. 17) is GRANTED. Signed by Judge Aida M. Delgado-Colon on 9/30/2010.(wm) (Entered: 10/01/2010)

09/20/2010 129 First INFORMATIVE Motion regarding Department of Natural Resources LegalOpinion, First Motion In Compliance with Court order of 09-07-2010 filed by

Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos) (Entered:09/20/2010)

09/07/2010 128 ORDER re 104 Motion for TRO***MOOT****; 105 Motion to Remand to State*** *** *** ****


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Leave to File Spanish language documents***MOOT***; 111 Motion toAmend/Correct***GRANTED IN PART***; 115 Motion forTRO***MOOT****; 119 Motion for extension of time***MOOT***; 127Motion for Leave to File Spanish language documents***GRANTED INPART***. Signed by Judge Aida M. Delgado-Colon on 9/2/2010. (wm) (Entered:09/07/2010)

09/01/2010 127 MOTION for Leave to File Spanish language documents with Docket No. 126filed

by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land &Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 09/01/2010)

09/01/2010 126 MOTION for Reconsideration re 124 Order on Motion requesting Order filed byLourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit,S.E. Suggestions in opposition/response due by 9/17/2010 (Attachments: # 1Exhibit 1 CCDA Order of July 2, 2010, # 2 Exhibit 2 - Plaintiffs Opposition ofJuly 16 to CCDA Order, # 3 Exhibit CCDA Resolution)(Related document(s) 124 )(Morera-Ledon, Lourdes) (Entered: 09/01/2010)

08/30/2010 125 ORDER noted 123 Motion submitting. Signed by Judge Aida M. Delgado-Colon

on 8/27/2010. (wm) (Entered: 08/30/2010)

08/26/2010 124 ORDER re 114 Motion requesting Order. DENIED. Signed by Judge Aida M.Delgado-Colon on 8/26/2010. (wm) (Entered: 08/26/2010)

08/26/2010 123 MOTION Submitting Certified Translations re: 106 MOTION to Strike Re: 104First MOTION for Temporary Restraining Orderfor removal of illegal blockagesfiled by Culebra Conservation and Development Authority, 105 First MOTION toRemand to State Court, (Attachments: # 1 Exhibit 1 TO DOCKET 106)(Relateddocument(s) 106 , 107 ) (Morera-Ledon, Lourdes) Modified on 9/3/2010 toeliminate repetitive text (ov). (Entered: 08/26/2010)

08/24/2010 122 ORDER re 121 Motion for Leave to File Spanish language documents. Granted.Translations to be filed on or before 9/23/2010. No further extensions will begranted. Signed by Judge Aida M. Delgado-Colon on 8/24/2010. (wm) (Entered:08/24/2010)

08/23/2010 121 MOTION for Leave to File Spanish language documents filed by Orlando H.Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E.(Martinez-Echeverria, Orlando) (Entered: 08/23/2010)

08/23/2010 120 RESPONSE in Opposition to Motion Second Motion To Dismiss filed by AllPlaintiffs Re: 118 MOTION to dismissMemorandum of Law as to All Defendantsfiled by Municipality of Culebra, 116 MOTION to dismiss SECOND as to AllDefendants filed by Municipality of Culebra filed by All Plaintiffs. (Attachments:# 1 Addendum 1, # 2 Addendum2, # 3 Addendum3)(Martinez-Echeverria,Orlando) (Entered: 08/23/2010)

08/19/2010 119 MOTION for extension of time until Augusat 23 to Oppose/Respond to SecondMotion To Dismiss filed by Orlando H. Martinez-Echeverria on behalf of VictorGonzalez, Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response dueby 9/7/2010 (Martinez-Echeverria, Orlando) (Entered: 08/19/2010)

08/03/2010 118 MOTION to dismissMemorandum of Law as to All Defendants filed by Carlos E.Geigel on behalf of Municipality of Culebra Suggestions in opposition/responsedue by 8/19/2010 (Geigel, Carlos) (Entered: 08/03/2010)

08/03/2010 117 MOTION to dismiss Statement of Material Facts as to All Defendants filed by


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.

Suggestions in opposition/response due by 8/19/2010 (Attachments: # 1 Exhibit 2,# 2 Exhibit 3)(Geigel, Carlos) (Entered: 08/03/2010)

08/03/2010 116 MOTION to dismiss SECOND as to All Defendants filed by Carlos E. Geigel onbehalf of Municipality of Culebra Suggestions in opposition/response due by8/19/2010 (Geigel, Carlos) (Entered: 08/03/2010)

07/30/2010 115 Urgent MOTION for Temporary Restraining Order with Memo of Law in supportfiled by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez, Puerto

Rico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) Modified on 8/2/2010 toedit text in caps (ov). (Entered: 07/30/2010)

07/28/2010 114 Emergency MOTION requesting Order and/or Remedy filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 07/28/2010)

07/27/2010 113 ORDER denying without prejudice 13 Motion to Dismiss. See Order entered atDocket No. 112. Signed by US Magistrate Judge Bruce J. McGiverin on July 27,2010. (McGiverin, Bruce) (Entered: 07/27/2010)

07/27/2010 112 ORDER granting 55 Motion for Leave to File. The court notes that defendantsalready have filed an answer to the amended complaint at Docket No. 67. Giventhe court's acceptance of the amended complaint, defendants' motion to dismiss theoriginal complaint as unripe (Docket No. 13) is DENIED AS MOOT, but withoutprejudice to re-asserting these arguments insofar as they may be applicable to theallegations in the amended complaint. Accordingly, any motion to dismiss theamended complaint as unripe must be filed not later than August 10, 2010. Signedby US Magistrate Judge Bruce J. McGiverin on July 27, 2010. (McGiverin, Bruce)(Entered: 07/27/2010)

07/26/2010 111 MOTION to Amend/Correct Re: 104 First MOTION for Temporary Restraining

Orderfor removal of illegal blockages filed by Culebra Conservation andDevelopment Authority, 105 First MOTION to Remand to State Court toDetermine Administrative Procedures before ACDECSecond MOTION forTemporary Restraining Order to plaintiffs to restrain from building obstacles tobeaches of Culebra until all state legal procedures are extinguished. filed byCulebra Conservation and Development Authority filed by Carlos E. Geigel onbehalf of Culebra Conservation and Development Authority. Suggestions inopposition/response due by 8/12/2010 (Geigel, Carlos) Modified on 7/27/2010 toadd links(ov). (Entered: 07/26/2010)

07/24/2010 110 ORDER finding as moot 103 Motion for Leave to File Spanish language

documents.Signed by US Magistrate Judge Bruce J. McGiverin on July 24, 2010.(McGiverin, Bruce) (Entered: 07/24/2010)

07/24/2010 109 ORDER granting 102 Motion to Strike. Signed by US Magistrate Judge Bruce J.McGiverin on July 24, 2010. (McGiverin, Bruce) (Entered: 07/24/2010)

07/24/2010 108 ORDER striking 101 Motion to Amend/Correct. Construing this motion as anadditional objection to the pending report and recommendation, I find that it isuntimely.Signed by US Magistrate Judge Bruce J. McGiverin on July 24, 2010.(McGiverin, Bruce) (Entered: 07/24/2010)

07/21/2010 107 MOTION for Leave to File Spanish language documents filed by Orlando H.Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E.(Martinez-Echeverria, Orlando) (Entered: 07/21/2010)


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removal of illegal blockages filed by Culebra Conservation and DevelopmentAuthority, 105 First MOTION to Remand to State Court to DetermineAdministrative Procedures before ACDECSecond MOTION for TemporaryRestraining Order to plaintiffs to restrain from building obstacles to beaches ofCulebra until all state legal procedures are extinguished. filed by CulebraConservation and Development Authority, 101 MOTION to Amend/CorrectReport and Recommendation filed by Culebra Conservation and DevelopmentAuthority, MOTION for Sanctions as to All Defendants filed by Orlando H.Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E., Victor GonzalezSuggestions in opposition/response due by 8/6/2010 (Attachments: # 1 ExhibitExhibit 1 Objection Filed Before ACDEC July 16, 2010, # 2 Exhibit Exhibit2Certified Mail Stamped July 16, 2010, # 3 Exhibit Exhibit 3 Fax TransmissionReport July 16, 2010, # 4 Exhibit Exhibit 2Certified Mail Stamped July 8, 2010)(Related document(s) 104 , 105 , 101 ) (Martinez-Echeverria, Orlando) (Entered:07/21/2010)

07/21/2010 105 First MOTION to Remand to State Court to Determine Administrative Proceduresbefore ACDEC, Second MOTION for Temporary Restraining Order to plaintiffs torestrain from building obstacles to beaches of Culebra until all state legal

procedures are extinguished. filed by Carlos E. Geigel on behalf of CulebraConservation and Development Authority (Geigel, Carlos) (Entered: 07/21/2010)

07/20/2010 104 First MOTION for Temporary Restraining Orderfor removal of illegal blockagesfiled by Carlos E. Geigel on behalf of Culebra Conservation and DevelopmentAuthority (Attachments: # 1 Exhibit Sworn Statement Culebra EmergenciesService Director)(Geigel, Carlos) (Entered: 07/20/2010)

07/16/2010 103 MOTION for Leave to File Spanish language documents filed by Lourdes I.Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E.(Morera-Ledon, Lourdes) (Entered: 07/16/2010)

07/16/2010 102 MOTION to Strike Re: 101 MOTION to Amend/CorrectReport andRecommendation filed by Culebra Conservation and Development Authority filedby Lourdes I. Morera-Ledon on behalf of Puerto Rico Land & Fruit, S.E.Suggestions in opposition/response due by 8/2/2010 (Attachments: # 1 ExhibitCCDA July Order)(Related document(s) 101 ) (Morera-Ledon, Lourdes) (Entered:07/16/2010)

07/15/2010 101 ***STRICKEN AS PER ORDER AT DKT #108*** MOTION to Amend/CorrectReport and Recommendation filed by Carlos E. Geigel on behalf of CulebraConservation and Development Authority Suggestions in opposition/response due

by 8/2/2010 (Attachments: # 1 Exhibit ACDEC's Budget Certification, # 2 ExhibitCommonwealth of Puerto Rico Appeal Court's Judgement, # 3 Exhibit Puerto RicoSupreme Court Decision, # 4 Exhibit Sworn Statement-Mayor of Culebra presidesover ACDEC's Administrative Hearings, # 5 Exhibit Administrative Resolutionbetween ACDEC and Plaintiffs, # 6 Exhibit ACDEC's Endorsement to Plaintiffsdenying gates in Muellecito and Resaca/OP road.)(Related document(s) 80 )(Geigel, Carlos) Modified on 7/27/2010 (ov). (Entered: 07/15/2010)

07/13/2010 100 ORDER noted 97 INFORMATIVE motion.Signed by US Magistrate Judge BruceJ. McGiverin on July 13, 2010. (McGiverin, Bruce) (Entered: 07/13/2010)

06/11/2010 99 MEMORANDUM in Opposition to Municipality of Culebra's Objections to Report& Recomendation filed by All Plaintiffs Re: 84 Objection to Report andRecommendation filed by Municipality of Culebra, 83 Objection to Report andRecommendation filed by Municipality of Culebra, 98 Objection to Report and


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. -

Ledon, Lourdes) (Entered: 06/11/2010)

06/02/2010 98 OBJECTION to 80 Report and Recommendation FIRSTfiled by Municipality ofCulebra filed by Municipality of Culebra. (Geigel, Carlos) Modified on 6/2/2010 tocreate link (ov). (Entered: 06/02/2010)

06/01/2010 97 INFORMATIVE Motion regarding Rule 26 Meeting filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Agrait-Betancourt,Fernando) (Entered: 06/01/2010)

06/01/2010 96 ORDER noted 85 MOTION Submitting.Signed by US Magistrate Judge Bruce J.McGiverin on June 1, 2010. (McGiverin, Bruce) Modified on 6/2/2010 to correcttitle of dkt #85.(ov). (Entered: 06/01/2010)

06/01/2010 95 ORDER granting 82 Motion for Leave to File Spanish language documents.Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin,Bruce) (Entered: 06/01/2010)

06/01/2010 94 ORDER noted 81 Motion In Compliance.Signed by US Magistrate Judge Bruce J.McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 93 ORDER noted 78 Motion submitting. Signed by US Magistrate Judge Bruce J.McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 92 ORDER finding as moot 75 INFORMATIVE motion.Signed by US MagistrateJudge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered:06/01/2010)

06/01/2010 91 ORDER noted 70 INFORMATIVE motion. However, see Order entered at DocketNo. 86.Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010.(McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 90 ORDER noted 68 INFORMATIVE motion.Signed by US Magistrate Judge BruceJ. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 89 ORDER noted 66 Motion submitting. Signed by US Magistrate Judge Bruce J.McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 88 ORDER noted 63 Motion requesting Order; finding as moot 63 Motion to Strike.Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin,Bruce) (Entered: 06/01/2010)

06/01/2010 87 ORDER denying 59 Motion for Leave to File Spanish language documents.

However, defendants are granted until June 4, 2010 to file a certified Englishtranslation; otherwise, the document will not be considered. Signed by USMagistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce)(Entered: 06/01/2010)

06/01/2010 86 ORDER noted 58 Motion for Cautionary Notice. I note, however, that defendants'intentions in filing this notice are unclear. And as I noted during the recent statusconference, I do not consider any such notice filed under the caption of this case toconstitute a substitute for any notice and hearing requirements that may bemandated by Puerto Rico or federal law. Signed by US Magistrate Judge Bruce J.McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010)

06/01/2010 85 MOTION Submitting certified translations filed by Fernando E. Agrait-Betancourton behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit CertifiedTranslation of PR Supreme Court Decision, # 2 Exhibit Certified Translation of


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,

Judgment and associated documents)(Agrait-Betancourt, Fernando) Modified on6/2/2010 to correct title (ov). (Entered: 06/01/2010)

06/01/2010 84 OBJECTION to Report and Recommendation RE: 80 REPORT ANDRECOMMENDATION SECOND filed by Municipality of Culebra filed byMunicipality of Culebra. (Geigel, Carlos) Modified on 6/2/2010 to add link (ov).(Entered: 06/01/2010)

05/23/2010 83 OBJECTION to Report and Recommendation FIRSTfiled by Municipality of

Culebra filed by Municipality of Culebra. (Geigel, Carlos) (Entered: 05/23/2010)

05/22/2010 82 MOTION for Leave to File Spanish language documents Temporary Waiver ofLocal Rule 10(b) filed by Fernando E. Agrait-Betancourt on behalf of Puerto RicoLand & Fruit, S.E. (Agrait-Betancourt, Fernando) (Entered: 05/22/2010)

05/21/2010 81 MOTION in Compliance with Court Order, MOTION Submitting Documents,filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit,S.E. (Attachments: # 1 Exhibit PR Supreme Court Resolution, # 2 Exhibit PuertoRico Court of First Instance Decision, # 3 Exhibit CCDA order)(Agrait-Betancourt, Fernando) Modified on 5/25/2010 to correct title and add text (ov).

(Entered: 05/22/2010)

05/21/2010 80 REPORT AND RECOMMENDATION re 17 MOTION for Preliminary Injunctionand Opposition to Defendants' Motion to Dismiss (Docket # 13)filed by Victor

Gonzalez, Puerto Rico Land & Fruit, S.E. Objections to R&R due by

6/7/2010. vbSigned by US Magistrate Judge Bruce J. McGiverin on 5/21/2010.(yo) (Entered: 05/21/2010)

05/20/2010 79 Minute Entry for proceedings held before US Magistrate Judge Bruce J.McGiverin: Status Conference held on 5/20/2010. Attorney Geigel to pay sanctionsin the amount of $150.00 by 5/21/10. Plaintiffs to submit copies of state and

administrative orders by 5/21/2010. Motions due by 5/21/2010. (CourtReporter FTR.) (ct) (Entered: 05/21/2010)

05/20/2010 78 MOTION Submitting Certified Translations filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 ExhibitCertified Translation of Order)(Agrait-Betancourt, Fernando) Modified on5/21/2010 to correct title (ov). (Entered: 05/20/2010)

05/19/2010 77 ORDER granting 76 Motion for Leave to File.Signed by US Magistrate Judge

Bruce J. McGiverin on May 19, 2010. (McGiverin, Bruce) (Entered: 05/19/2010)

05/19/2010 76 MOTION for Leave to File Document Temporary Waiver of Local Rule 10(b) filedby Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E.Suggestions in opposition/response due by 6/4/2010 (Agrait-Betancourt, Fernando)(Entered: 05/19/2010)

05/19/2010 75 INFORMATIVE Motion regarding Order filed by Orlando H. Martinez-Echeverriaon behalf of Victor Gonzalez (Attachments: # 1 Exhibit 1 Letter Order byCCDAdated March 13, 2010)(Martinez-Echeverria, Orlando) (Entered: 05/19/2010)

05/18/2010 74 ORDER: A status/settlement conference is set before the undersigned

for May 20, 2010 at 4:00 p.m. Counsel shall come with full authorityto reach a solution to this conflict acceptable to all parties. Failure to

negotiate settlement in good faith will result in sanctions on counsel

and/or the parties pursuant to Fed. R. Civ. P. 16(f).Signed by US


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ag strate u ge ruce . c ver n on ay , . c ver n, ruce

(Entered: 05/18/2010)

05/18/2010 73 ORDER noted 71 Motion In Compliance.Signed by US Magistrate Judge Bruce J.

McGiverin on May 18, 2010. (McGiverin, Bruce) (Entered: 05/18/2010)

05/18/2010 72 ORDER granting 69 Motion for Leave to File Spanish language documents.Signed by US Magistrate Judge Bruce J. McGiverin on May 18, 2010. (McGiverin,Bruce) (Entered: 05/18/2010)

05/17/2010 71 Motion In Compliance with Rule 10(B) Submitting Certified Translation filed byFernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E.(Attachments: # 1 Exhibit Certified Translation of Affidavit)(Agrait-Betancourt,Fernando) (Entered: 05/17/2010)

05/06/2010 70 Third INFORMATIVE Motion regarding opening beach accesses in Culebra filedby Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos)(Entered: 05/06/2010)

05/04/2010 69 MOTION for Leave to File Spanish language documents filed by Fernando E.

Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Agrait-Betancourt,Fernando) (Entered: 05/04/2010)

05/04/2010 68 INFORMATIVE Motion re: invasion and seizures, Urgent MOTION forPreliminary Injunction pende lite, filed by Fernando E. Agrait-Betancourt onbehalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Affidavit SwornStatement of Ramon Burgos (in Spanish))(Agrait-Betancourt, Fernando) Modifiedon 5/5/2010 to add event and text (ov). (Entered: 05/04/2010)

04/27/2010 67 AMENDED ANSWER to claim, Second COUNTERCLAIM against all plaintiffsby Abraham Pena-Nieves. (Geigel, Carlos) (Entered: 04/27/2010)

04/27/2010 66 MOTION SubmittingRe-submitting Second Urgent Motion Requesting Order filedby Orlando H. Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E.

(Attachments: # 1 Docket 64 Re-submitted)(Martinez-Echeverria, Orlando)

Modified on 4/28/2010 to edit text in caps. (ov). (Entered: 04/27/2010)

04/27/2010 NOTICE of Docket Text Modification by Deputy Clerk re: 65 Amended Answer toComplaint, Counterclaim.***DEFECTIVE FILING - WRONG PDF FORMAT*** (ov) (Entered: 04/27/2010)

04/27/2010 NOTICE of Docket Text Modification by Deputy Clerk re: 64 EmergencyMOTION requesting Order Urgent Order in Aid of Jurisdiction/I>.

***DEFECTIVE FILING - ATTY. FILING WITH ANOTHER ATTY'S LOGIN ANDPASSWORD *** (ov) Modified on 4/28/2010 to edit letters in caps(ov). (Entered:

04/27/2010)

04/26/2010 65 ***DEFECTIVE FILING - WRONG PDF FORMAT *** AMENDED ANSWERto Complaint, Second COUNTERCLAIM against PR Land & FRuit andagainstVictor Gonzalez by Abraham Pena-Nieves. (Geigel, Carlos) Modified on4/27/2010 (ov). (Entered: 04/26/2010)

04/26/2010 64 ***DEFECTIVE FILING - ATTY. FILING WITH ANOTHER ATTY'S LOGINAND PASSWORD *** Emergency MOTION requesting Order Urgent Order in

Aid of Jurisdiction filed by Orlando H. Martinez-Echeverria on behalf of PuertoRico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) Modified on 4/27/2010(ov). (Entered: 04/26/2010)

04/23/2010 NOTICE of Docket Text Modification b De ut Clerk re: 57 Answer to


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Complaint, Counterclaim. ***DEFECTIVE FILING -WRONG PDF FORMAT*** (ov) Modified on 4/23/2010 (ov). (Entered: 04/23/2010)

04/23/2010 63 MOTION requesting Order Urgent Order Enjoining Defendants form furtherintruding in Plaintiffs property during the pendency of this case, MOTION toStrike Re: 58 First MOTION for Cautionary Notice Opening all Muellecito andResaca beaches accesses by 27 april 2010. filed by Municipality of Culebra (Suggestions in opposition/response due by 5/10/2010) filed by Orlando H.Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E. (Relateddocument(s) 58 ) (Martinez-Echeverria, Orlando) (Entered: 04/23/2010)

04/22/2010 62 ORDER denying 56 Motion for Leave to File. I have perused the tendered reply,and find that it simply re-hashes the arguments already made.Signed by US

Magistrate Judge Bruce J. McGiverin on April 22, 2010. (McGiverin, Bruce)(Entered: 04/22/2010)

04/22/2010 61 ORDER noted 54 Motion submitting.Signed by US Magistrate Judge Bruce J.

McGiverin on April 22, 2010. (McGiverin, Bruce) (Entered: 04/22/2010)

04/22/2010 60 ORDER noted 53 Motion submitting. Signed by US Magistrate Judge Bruce J.


04/22/2010 59 First MOTION for Leave to File Spanish language documentsEXHIBIT 1, Docket58 filed by Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos)(Entered: 04/22/2010)

04/22/2010 58 First MOTION for Cautionary Notice Opening all Muellecito and Resaca beachesaccesses by 27 april 2010. filed by Carlos E. Geigel on behalf of Municipality ofCulebra Suggestions in opposition/response due by 5/10/2010 (Attachments: # 1Exhibit Exhibit 1 Plaintiff's Memo on Violence, # 2 Exhibit Exhibit 1 Plaintiff'sMemo on Violence, # 3 Exhibit Exhibit 1, p2, # 4 Exhibit Exhibit 3 Unsafe

Muellecito Beach, # 5 Exhibit Exhibit 3 Plaintiffs blockage, # 6 Exhibit Exhibit 4Municipality's removal of blockage., # 7 Exhibit Exhibit 5 Blockage to elMuellecito as founf on December 22, 2009.)(Geigel, Carlos) (Entered: 04/22/2010)

04/21/2010 57 ***DEFECTIVE FILING -WRONG PDF FORMAT***AmendedANSWER toComplaint with Jury Demand to Amended Complaint, Second COUNTERCLAIMagainst PR Land & FRuit andagainst Victor Gonzalez filed by Carlos E. Geigel onbehalf of Defendant Municipality of Culebra.(Geigel, Carlos) Modified on4/23/2010 (ov). (Entered: 04/21/2010)

04/19/2010 56 MOTION for Leave to File DocumentReply to Defendant's "Verified"

memorandum filed by Fernando E. Agrait-Betancourt on behalf of Puerto RicoLand & Fruit, S.E. Suggestions in opposition/response due by 5/5/2010(Attachments: # 1 Reply Tendered)(Agrait-Betancourt, Fernando) (Entered:04/19/2010)

04/09/2010 55 MOTION for Leave to File Document (Verified Amended Complaint) filed byLourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit,S.E. Suggestions in opposition/response due by 4/26/2010 (Attachments: # 1Tendered Amended Verified Complaint)(Morera-Ledon, Lourdes) (Entered:04/09/2010)

04/09/2010 54 MOTION Submitting CERTIFIED TRANSLATIONS filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments:# 1 Exhibit 1 - Deed, # 2 Exhibit 4 - DRNA Settlement Agreement, # 3 Exhibit 5 -DRNA Agreement, # 4 Exhibit 6 - Letter to CCDA, # 5 Exhibit 8 - Areces letter of


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. , , - , , -

letter March 22,2010)(Morera-Ledon, Lourdes) (Entered: 04/09/2010)

04/09/2010 53 MOTION Submitting MEMORANDUM OF LAW filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 04/09/2010)

04/09/2010 52 PRETRIAL MEMORANDUM by all defendants. (Attachments: # 1 Exhibitdefendants exhibit A p1, # 2 Exhibit defendants exhibit A P2) (Geigel, Carlos)

(Entered: 04/09/2010)

04/08/2010 51 ORDER noted 49 Motion In Compliance.Signed by US Magistrate Judge Bruce J.


04/08/2010 50 ORDER denying 47 Motion for Hearing. Signed by US Magistrate Judge Bruce J.McGiverin on April 8, 2010. (McGiverin, Bruce) (Entered: 04/08/2010)

04/07/2010 49 MOTION in Compliance with Court Order filed by Carlos E. Geigel on behalf ofCarlos Geigel-Bunker (Attachments: # 1 Exhibit A: ACDEC endorsement of elMuellecito, # 2 Exhibit A: ACDEC endorsement of el Muellecito P1, # 3 Exhibit

A: ACDEC endorsement of el Muellecito P2)(Geigel, Carlos) Modified on4/8/2010 to correct title (ov). (Entered: 04/07/2010)

04/06/2010 48 RESPONSE in Opposition to MotionRequesting Re-Opening of hearing toPresent "Rebuttal" Evidence filed by all plaintiffs Re: 47 MOTION for Hearingand Visual Inspection of el Muellecito and Resaca Beach Accesses in Culebra filedby Carlos Geigel-Bunker filed by all plaintiffs. (Martinez-Echeverria, Orlando)(Entered: 04/06/2010)

04/03/2010 47 MOTION for Hearing and Visual Inspection of el Muellecito and Resaca BeachAccesses in Culebra filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker

(Geigel, Carlos) (Entered: 04/03/2010)03/31/2010 46 ***SELECTED PARTIES***Motion Hearing: Medical excuse (jm) (Entered:

03/31/2010)

03/31/2010 45 Motion Hearing: Defendants' Exhibit List (jm) (Entered: 03/31/2010)

03/31/2010 44 Motion Hearing: Plaintiffs' Exhibit List (jm) (Entered: 03/31/2010)

03/31/2010 43 Minute Entry for proceedings held before US Magistrate Judge Bruce J.McGiverin: Motion Hearing held on 3/31/2010 re 13 Motion to Dismiss byDefendants and 17 Motion for Preliminary Injunction by Plaintiffs. Testimony of

Victor Gonzalez, Alberto Areces and Ismael Alicea-Rivera was heard. Plaintiffs'Exhibits 1-10 admitted; Defendants' Exhibit A admitted. The parties are granted 5working days to submit certified English translations of exhibits in the Spanishlanguage. Medical excuse of subpoened witness is made part of the record.

Additional briefs due by 4/9/2010. (For Plaintiffs: Attys Fernando Agrait,

Orlando Martinez, Lourdes Morera. For Defendants: Carlos Geigel. Court ReporterFTR.) (jm) (Entered: 03/31/2010)

03/30/2010 42 NOTICE of Appearance of Counsel by Orlando H. Martinez-Echeverria on behalfof all plaintiffs (Martinez-Echeverria, Orlando) (Entered: 03/30/2010)

03/30/2010 41 ORDER granting 40 Motion for Leave to File. Signed by US Magistrate JudgeBruce J. McGiverin on March 30, 2010. (McGiverin, Bruce) (Entered: 03/30/2010)

03/30/2010 40 MOTION for Leave to File DocumentREPLY TO DEFENDANTS OPPOSITIONTO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION RE UEST FOR


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ORDER (DOCKET No. 39) filed by Lourdes I. Morera-Ledon on behalf of Puerto

Rico Land & Fruit, S.E. Suggestions in opposition/response due by 4/15/2010(Attachments: # 1 Reply Tendered)(Morera-Ledon, Lourdes) (Entered:03/30/2010)

03/29/2010 39 RESPONSE in Opposition to MotionRequesting Preliminary Injunction filed byall defendants Re: 17 MOTION for Preliminary Injunction and Opposition toDefendants' Motion to Dismiss (Docket # 13) filed by all defendants. (Attachments:# 1 Affidavit Director of Medical Emergencies, # 2 Supplement Memorandum of

Law in Support of Opposition to Motion, # 3 Affidavit Sworn Statement ofMember of ACDEC's Board of Directorss)(Geigel, Carlos) Modified on 3/29/2010to eliminate repetitive text (ov). (Entered: 03/29/2010)

03/26/2010 38 ORDER striking 37 INFORMATIVE motion. Counsel for both parties are

admonished not to file motions containing ad hominem attacks that are

irrelevant to the merits of this dispute. The inclusion of any such

comments in additional filings will result in severe sanctions, including,

but not limited to, monetary penalties against parties and counsel. Signed

by US Magistrate Judge Bruce J. McGiverin on March 26, 2010. (McGiverin,Bruce) (Entered: 03/26/2010)

03/25/2010 37 ***STRICKEN as per Order at dkt #38*** Second INFORMATIVE Motion filedby Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Geigel, Carlos) Modifiedon 3/26/2010 (ov). (Entered: 03/25/2010)

03/25/2010 36 ORDER noted 32 Motion Requesting Order. The hearing on the motions filed

at Docket No. 13 and 17 is advanced to March 31, 2010 at 9:00 a.m.

Defendants shall file any opposition to the motion for preliminary

injunction by March 29, 2010. The requested relief is otherwise denied.Signed by US Magistrate Judge Bruce J. McGiverin on March 25, 2010.(McGiverin, Bruce) (Entered: 03/25/2010)

03/25/2010 35 ORDER re 34 MOTION for Reconsideration. DENIED. The court notesadministrative remedies have not been exhausted and the Magistrate Judge mayissue provisional remedies. Referral is premised on the fact that the undersignedhas been actively dealing with a back to back trial calendar and is currently holdinga jury trial (Civil No. 07-1178). Signed by Judge Aida M. Delgado-Colon on3/25/2010. (wm) (Entered: 03/25/2010)

03/25/2010 34 MOTION for Reconsideration re 33 Order, filed by Fernando E. Agrait-Betancourton behalf of Victor Gonzalez. Suggestions in opposition/response due by4/12/2010 (Related document(s) 33 ) (Agrait-Betancourt, Fernando) Modified on3/26/2010 to correct link (ov). (Entered: 03/25/2010)

03/25/2010 33 ORDER re 32 Third MOTION for Temporary Restraining Order MOTIONrequesting Order Urgen Order to Enjoin Illegal Hearing before CCDA; andRequest for Setting Expedited Hearing before Honorable Aida M. Delgado-Colon

filed by Victor Gonzalez. This urgent motion is referred to Magistrate Judge BruceJ. McGiverin for disposition. Signed by Judge Aida M. Delgado-Colon on3/25/2010.(wm) Modified on 3/25/2010 to edit letters in caps.(ov). (Entered:

03/25/2010)03/25/2010 32 Third MOTION for Temporary Restraining Order, MOTION requesting Order

Urgent Order to Enjoin Illegal Hearing Before CCDA; and Request for Setting

Expedited Hearing before the Honorable Aida M. Delgado-Colon filed by


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Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez (Attachments: # 1

Exhibit I Unsworn Declaration Under Penalty of Perjury, # 2 Exhibit IICertifications Comptrollers Office)(Agrait-Betancourt, Fernando) Modified on3/25/2010 to edit letters in caps.(ov). (Entered: 03/25/2010)

03/24/2010 31 ORDER noted 28 INFORMATIVE motion. Signed by US Magistrate Judge BruceJ. McGiverin on March 24, 2010. (McGiverin, Bruce) (Entered: 03/24/2010)

03/24/2010 30 ORDER noted 27 Motion submitting. Signed by US Magistrate Judge Bruce J.McGiverin on March 24, 2010. (McGiverin, Bruce) (Entered: 03/24/2010)

03/24/2010 29 ORDER noted 26 Motion for Setting; noted 26 Motion for Preliminary Injunction.

A hearing is set before the undersigned on 13 Motion to Dismiss as

Unripe, and 17 Motion for Preliminary Injunction for April 7, 2010 at

9:00 a.m. Signed by US Magistrate Judge Bruce J. McGiverin on March 24,

2010. (McGiverin, Bruce) (Entered: 03/24/2010)

03/24/2010 28 First INFORMATIVE Motion filed by Carlos E. Geigel on behalf of Mayor ofCulebra (Geigel, Carlos) (Entered: 03/24/2010)

03/23/2010 27 MOTION Submitting Certified Translations re: 23 Order on Motion for Leave toFile Spanish language documents, 17 MOTION for Preliminary Injunction andOpposition to Defendants' Motion to Dismiss (Docket # 13) MOTION forPreliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket #13) MOTION for Preliminary Injunction and Opposition to Defendants' Motion toDismiss (Docket # 13) MOTION for Preliminary Injunction and Opposition toDefendants' Motion to Dismiss (Docket # 13) filed by Victor Gonzalez, PuertoRico Land & Fruit, S.E., 18 MOTION for Leave to File Spanish languagedocuments re: Docket 17filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E.filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land& Fruit, S.E. (Attachments: # 1 Exhibit 1 - Correspondence Geigel-Gonzalez, # 2Exhibit 3 - January 8 letter to CCDA, # 3 Exhibit 4 - Emminent DomainProceeding, # 4 Exhibit 5 - Complaint Challenging Ordinance 17, # 5 Exhibit 6 -Facebook Publications, # 6 Exhibit 7 - CCDA Order of February 5, 2010, # 7Exhibit 8 - Request for Sanction filed in CCDA, # 8 Exhibit 9 - CCDA Order ofJanuary 29, 2010, # 9 Exhibit 10 - Urgent Request for Remedies to CCDA, # 10Exhibit 11 - CCDA Order of February 11, 2010, # 11 Exhibit 12 - Motion inCompliance filed in CCDA, # 12 Exhibit 13 - Informative Motion filed in CCDA,# 13 Exhibit 14 - Municipal Ordinance 17)(Related document(s) 23 , 17 , 18 )(Morera-Ledon, Lourdes) (Entered: 03/23/2010)

03/19/2010 26 Second MOTION for Setting Urgent Preliminary Injunction Hearing (Suggestions in opposition/response due by 4/5/2010), Second MOTION forPreliminary Injunction filed by Fernando E. Agrait-Betancourt on behalf of PuertoRico Land & Fruit, S.E. (Attachments: # 1 Declaration Of Victro Luiz Ginzalez)(Agrait-Betancourt, Fernando) Modified on 3/23/2010 to edit letters in caps.(ov).(Entered: 03/19/2010)

03/02/2010 25 Plaintiffs' ANSWER to 16 Answer to Complaint, Counterclaim,, filed by LourdesI. Morera-Ledon on behalf of Plaintiffs Victor Gonzalez, Puerto Rico Land &Fruit, S.E., Counter Defendants Puerto Rico Land & Fruit, S.E., Victor Gonzalez.(Morera-Ledon, Lourdes) (Entered: 03/02/2010)

02/26/2010 24 ORDER denying 20 Motion to Strike. Signed by US Magistrate Judge Bruce J.McGiverin on February 26, 2010. (McGiverin, Bruce) (Entered: 02/26/2010)

02/26/2010 23 ORDER granting as requested 18 Motion for Leave to File Spanish language


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ocuments. gne y ag strate u ge ruce . c ver n on e ruary ,

2010. (McGiverin, Bruce) (Entered: 02/26/2010)02/25/2010 ***SEE IMAGE AT DKT #22*** MOTION for Setting Preliminary Injunction

hearing filed by Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez (ov)(Entered: 03/02/2010)

02/25/2010 22 RESPONSE in Opposition to Motion to Strike; and Urgent Request for Setting ofPreliminary Injunction Hearing filed by all plaintiffs Re: 20 MOTION to Strikefiled by Ovidio Ortiz-Ayala, Municipality of Culebra, Alexis Ojeda, AbrahamPena-Nieves, Carlos Geigel-Bunker, Mayor of Culebra, Ricardo Carrion, CulebraConservation and Development Authority, Ricarda Rivera filed by all plaintiffs.(Agrait-Betancourt, Fernando) (Entered: 02/25/2010)

02/25/2010 21 MEMORANDUM OF THE CLERK: Pursuant to the ORDER issued by JudgeAida M. Delgado-Colon on 02/24/10, docket entry #19, the motions have beenreferred to Magistrate Judge Bruce J. McGiverin. Signed by Clerk on 02/25/10.(li,) (Entered: 02/25/2010)

02/24/2010 20 MOTION to Strike filed by all defendants Re: 17 MOTION for PreliminaryInjunction and Opposition to Defendants' Motion to Dismiss (Docket # 13)

(Attachments: # 1 Statement of Material Facts, # 2 Memorandum of Law)(Geigel,Carlos) Modified on 2/25/2010 to eliminate repetitive text and correct title (ov).(Entered: 02/24/2010)

02/24/2010 19 ORDER re 13 MOTION to dismiss as unripe as to Municipality of Culebra, 17MOTION for Preliminary Injunction and Opposition to Defendants' Motion toDismiss (Docket # 13) are referred TO MAGISTRATE JUDGE Bruce J.

McGiverin. Signed by Judge Aida M. Delgado-Colon on 2/23/2010.(wm) (Entered:

02/24/2010)

02/22/2010 ***SEE IMAGE AT DKT #17*** RESPONSE in Opposition to Motion filed byPuerto Rico Land & Fruit, S.E. Re: 13 MOTION to dismiss as unripe as toMunicipality of Culebra filed by Ovidio Ortiz-Ayala, Municipality of Culebra,Alexis Ojeda, Abraham Pena-Nieves, Puerto Rico Land & Fruit, S.E., Mayor ofCulebra, Ricardo Carrion, Culebra Conservation and Development Authority,Ricarda Rivera filed by Puerto Rico Land & Fruit, S.E.. (ov) (Entered: 02/23/2010)

02/22/2010 18 MOTION for Leave to File Spanish language documents re: Docket 17filed byLourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit,S.E. (Morera-Ledon, Lourdes) (Entered: 02/22/2010)

02/22/2010 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion toDismiss (Docket # 13) filed by Lourdes I. Morera-Ledon on behalf of VictorGonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 1 -Correspondence Geigel-Gonzalez, # 2 Exhibit 2 - Photographs published inFacebook, # 3 Exhibit 3 - January 8, 2010 letter, # 4 Exhibit 4 - Procedimiento deExpropiacion, # 5 Exhibit 5 - Demanda Impugnacion Ordenanza, # 6 Exhibit 6 -Publicacion Facebook Liberacion Muellecito, # 7 Exhibit 7 - Order February 5,2010, # 8 Exhibit 8 - Solicitud de Sanciones, # 9 Exhibit 9 - Order ACDEC Jan.29, # 10 Exhibit 10 - Urgent Request for Remedy CCDA, # 11 Exhibit 11 - OrderCCDA denying suspension hearing, # 12 Exhibit 12 - Motion in Compliance with

Order filed in CCDA, # 13 Exhibit 13 - Informative motion filed in CCDA, # 14Exhibit 14 - Municipal Ordinance 17 (Spanish version))(Morera-Ledon, Lourdes)(Entered: 02/22/2010)

02/16/2010 16 Defendants' ANSWER to Complaint with Jury Demand, First COUNTERCLAIM


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aga ns a p a n s e y ar os . e ge on e a o e en an s ra am

Pena-Nieves, Ricardo Carrion, Alexis Ojeda, Carlos Geigel-Bunker, Municipalityof Culebra, Culebra Conservation and Development Authority, Mayor of Culebra,Ricarda Rivera, Ovidio Ortiz-Ayala.(Geigel, Carlos) Modified on 2/17/2010 as totext and parties (mim). (Entered: 02/16/2010)

02/03/2010 15 ORDER denied re 14 Motion for Extension of Time to Answer. DispositiveMotions will not be entertained in lieu of answer. Signed by Judge Aida M.Delgado-Colon on 2/2/2010. (sr) (Entered: 02/03/2010)

01/31/2010 14 First MOTION for Extension of Time to File Answer after motion to dismiss isresolvedfiled by Carlos E. Geigel on behalf of all defendants. Suggestions inopposition/response due by 2/16/2010 (Geigel, Carlos) Modified on 2/2/2010 tocorrect filers (mim). (Entered: 01/31/2010)

01/31/2010 13 MOTION to dismiss as unripe as to all defendants filed by Carlos E. Geigel onbehalf of all defendants. Suggestions in opposition/response due by 2/16/2010(Attachments: # 1 Exhibit ACDEC ORDER-EXHIBIT 1, # 2 Exhibit MuicipalOrdinance 17 - EXHIBIT 2, # 3 Exhibit Report and Recommendation Hill vACDEC - EXHIBIT 3)(Geigel, Carlos) Modified on 2/2/2010 as to title and filers

(mim). (Entered: 01/31/2010)01/11/2010 12 SUMMONS Returned Executed by Plaintiffs upon Ricardo Carrion served on

1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 edit text (ov). (Entered: 01/11/2010)

01/11/2010 11 SUMMONS Returned Executed by Plaintiffs upon Ricarda Rivera served on1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 edit text (ov). (Entered: 01/11/2010)

01/11/2010 10 SUMMONS Returned Executed by Plaintiffs upon Ovidio Ortiz-Ayala served on1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on

1/12/2010 edit text (ov). (Entered: 01/11/2010)

01/11/2010 9 SUMMONS Returned Executed by Plaintiffs upon Municipality of Culebra servedon 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 edit text (ov). (Entered: 01/11/2010)

01/11/2010 8 SUMMONS Returned Executed by Plaintiffs upon Culebra Conservation andDevelopment Authority served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010)

01/11/2010 7 SUMMONS Returned Executed by Plaintiffs upon Carlos Geigel-Bunker served

on 1/9/2010, answer due 1/30/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 edit text and correct date (ov). (Entered: 01/11/2010)

01/11/2010 6 SUMMONS Returned Executed by Plaintiffs upon Alexis Ojeda served on1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 tdit text (ov). (Entered: 01/11/2010)

01/11/2010 5 SUMMONS Returned Executed by Plaintiffs upon Abraham Pena-Nieves servedon 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on1/12/2010 to edit text (ov). (Entered: 01/11/2010)

01/04/2010 4 Summons Issued as to Ovidio Ortiz-Ayala (al) (Entered: 01/04/2010)

01/04/2010 3 Summons Issued as to Carlos Geigel-Bunker (al) (Entered: 01/04/2010)

12/31/2009 2 Summons Issued as to Ricardo Carrion, Alexis Ojeda, Carlos Geigel-Bunker,Municipality of Culebra, Culebra Conservation and Development Authority,


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Abraham Pena-Nieves, Ricarda Rivera (al) (Entered: 12/31/2009)

12/23/2009 1 COMPLAINT against all defendants (Filing fee $ 350.), filed by Victor Gonzalez,Puerto Rico Land & Fruit, S.E.. Service due by 4/26/2010, (Attachments: # 1 CivilCover Sheet)(ov) (Entered: 12/30/2009)

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