Docket 362
Docket 362
Docket 362
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
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
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
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that satisfied all the parties; and (ii) The Municipality complying and demonstrating to the court
(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. 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
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
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
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
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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
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
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
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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.
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: [email protected]
By: s/Carlos J. Sagarda-Abreu
Carlos J. Sagarda-Abreu
USDC PR No. 227510
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