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Case 3:09-cv-02280-ADC-BJM Document 326 Filed 03/03/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF PUERTO RICO

PUERTO RICO LAND & FRUIT, S.E. & CIVIL NO. 09-2280 (ADC)(BJM)
VICTOR GONZLEZ

v.
FOR:
MUNICIPALITY OF CULEBRA, et al. CIVIL RIGHTS VIOLATIONS,
INJUNCTIVE RELIEF AND DAMAGES

MOTION FOR EMERGENCY HEARING

TO THE HONORABLE COURT:

COME NOW PLAINTIFFS PUERTO RICO LAND & FRUIT, S.E., and VICTOR

GONZLEZ, through their undersigned counsel, and very respectfully allege and pray as

follows:

1. On February 2, 2017, the parties jointly informed the court of the agreement

reached to effect compliance of the Stipulation and Judgment in this case, which was the subject

of numerous motions for enforcement of judgment and for contempt pending before the court

(Docket Nos. 277, 280, 2092, 297 and 301). See, Joint Motion Informing Agreement To Achive

Compliance With Settlement Agreement (Docket No. 318). Unfortunately, the Municipality of

Culebra and its Mayor William Ivan Solis have again recanted and have not complied with their

obligations. In fact, the Mayor is again threatening with further expropriation proceedings to

avoid compliance with the Stipulation and Judgment.

2. As informed to the Court on February 2, 2017, the parties reached and agreement

that would prospectively achieve compliance with the Stipulation and Judgment by (i) executing

Deeds of Constitution of easement over PRLFs properties on February 9, 2017 with language
Case 3:09-cv-02280-ADC-BJM Document 326 Filed 03/03/17 Page 2 of 5

that satisfied all the parties; and (ii) The Municipality complying and demonstrating to the court

compliance with the following obligations by February 22:

(1) having posted signs at the entrance of the dirt-road advising the public of
the use restrictions, provided insurance coverage to PRL&F;

(2) having taken the required measures to close the entrance during the
stipulated hours (7:00am to 7:00pm)(initially with chains attached to posts
for a period of six months and then placing the required permanent gate; and
the continuance of the daily waste pickup;

(3) having obtained and provided insurance to PRLF

(4) having complied with daily garbage collection.

3. In light of the above, the hearing scheduled for February 14, 2017 was converted

into a status conference to apprise the Court as to the status of compliance with the agreements

informed.

4. On February 14, the parties appeared before the court to inform that the deeds had

been executed as agreed and that the Municipality was in the process of effecting compliance

with its other obligations. The Municipality, through counsel, informed having obtained

insurance naming PRLF as additional insured and provided copy of the insurance policy to PRLF

on that same day. The Municipality further represented that it was complying with daily garbage

collection and that the installation of the signs and closing of the entrance during the stipulated

hours would be done by February 22 as per the agreement informed on February 2.

5. On February 22, 2017, counsel for the Municipality informed to Plaintiffs

counsel that the closing of the entrance would start that same day, and requested five additional

days to install the signs as they had been ordered but were not yet finished. See, e-mail of

Beatriz Hernandez to Orlando Martinez and Agrait on February 22, 2017 11:48 AM, Re:

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Compliance with the settlement agreement PRL&F vs. Municipio de Culebra, included as

Exhibit 1 hereto.

6. The Municipality went ahead with the closing of the entrance without having

installed the signs and some unidentified individual(s) broke the chains. Also, there appeared to

be some turmoil among Culebra residents that believed Mr. Victor Gonzlez illegally placed the

chains at the entrance of the dirt road.

7. Upon expiration of the five-day term requested by the Municipalitys counsel to

install the signs, without the signs having been installed, Plaintiffs counsel sent an email to the

Municipalitys counsel demanding that the signs be installed immediately. As explained to the

Municipalitys counsel, the placing of the chain without the signs caused turmoil among some

people in Culebra that claimed Mr. Gonzalez had placed the chain illegally. See, e-mail of

Orlando Martinez to e-mail of Beatriz Hernandez on February 22, 2017 Re: Compliance with the

settlement agreement PRL&F vs. Municipio de Culebra, included as Exhibit 2 hereto

8. The Municipality counsel was further appraised that ACDECs Executive

Director had represented to the people complaining that the chain is the responsibility of a

previous Mayor, giving the impression that the current Municipal administration has nothing to

do with it, despite the specific agreement endorsed by Mayor Solis and informed to the Court on

February 2, and the representations of the Municipalitys counsel to the court on February 22. Id.

9. PRLF demanded that the signs be posted simultaneously with the chain and the

people of Culebra educated about the agreement that does guarantee access for the visitors and

people of Culebra to the El Muellecito area of Flamenco beach under the Rules and Regulations

of applicable to the Balneareo, so as to avoid the unpleasant situation form recurring.

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10. To this date, the required signs advising the public of the use restrictions have not

been posted; and the Municipalitys counsel has not responded to our communication.

11. To add insult to injury, yesterday, Mayor William Ivan Solis summoned Mr.

Ismael Ayala (a PRLF employee that take care of the properties in Culebra) to give him keys to

the new chain, again installed without the required signs, and instructed Mr. Ayala to advise Mr.

Gonzlez that he will now proceed to file another expropriation suit for the dirt road.

12. The Municipality of Culebra, through its new Mayor William Ivan Solis

Bermudez, is again refusing to comply with its obligations, despite having represented to the

court it was going to do so by February 22; and is further announcing additional actions in

reprisal against PRLF and Victor Gonzlez to continue discriminating, harassing and oppressing

PRLF and Mr. Victor Gonzalez.

13. In light of the above, Plaintiffs respectfully request this Honorable Court to set an

Emergency Hearing within ten (10) days ordering Mayor Solis Bermudez to appear in court to

explain why the Municipality has not complied with the settlement Agreement and Judgment as

represented would be done both in the February 2 motion informing agreement and at the

February 22 hearing by the Municipalitys counsel, as well as the extent of the new additional

actions in reprisal against PRLF and Victor Gonzlez.

WHEREFORE Plaintiffs respectfully request this Honorable Court to set an Emergency

Hearing within ten (10) days ordering Mayor Solis Bermudez to appear in court to explain why

the Municipality has not complied with the settlement Agreement and Judgment as represented

would be done both in the February 2, 2017 Joint Motion Informing Agreement and at the

February 22 hearing by the Municipalitys counsel, as well as the extent of the new additional

actions in reprisal against PRLF and Victor Gonzlez.

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I HEREBY CERTIFY that a true and exact copy of this document was served with the
Clerk of the Court using the CM/ECF system which will send notification of such filing to all parties
of record.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 3rd day of March 2017.

/s/ FERNANDO E. AGRAIT /s/ORLANDO H. MARTINEZ ECHEVERRIA


FERNANDO E. AGRAIT ORLANDO H.MARTINEZ ECHEVERRIA LLC
USDC No: 127212 USDC No: 213052
Centro de Seguros, Ste 415 Centro de Seguros, Suite 413
701 Ponce de Leon, Ave 701 Ponce de Leon, Ave.
San Juan, Puerto Rico 00907 San Juan, Puerto Rico 00907
Telephone:(787) 725-3390 Telephone:(787) 722-237
Fax: (787) 724-0353 Fax: (787) 723-4661
e-mail: agraitfe@caribe.net e-mail: omartinez@martinezlaw.org

CARLOS J. SAGARDA-ABREU
Attorney for Vctor Gonzlez-Barahona and PRLF, SE
1353 Ave. Luis Vigoreaux PMB 678
Guaynabo, PR 00966
Tel. (787) 360-7924
Email: carlos.sagardia@gmail.com
By: s/Carlos J. Sagarda-Abreu
Carlos J. Sagarda-Abreu
USDC PR No. 227510

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