Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF PUERTO RICO

NATALIA CEBOLLERO-BERTRAN CIVIL NO.: 3:19-cv-1412

Plaintiff
VIOLATIONS OF CLEAN WATER ACT
Vs. NEGLIGENCE; RIPARIAN RIGHTS

PUERTO RICO AQUEDUCT AND SEWER JURY TRIAL DEMANDED

AUTHORITY

Defendant

COMPLAINT

TO THE HONORABLE COURT:

NOW COMES, the Plaintiff, through its undersigned counsel and very respectfully,

PRAYS, STATES AND ALLEGES:

1. Plaintiff is a citizen of the Commonwealth of Puerto Rico and resident of Villa

Nevarez, a urban development located within the San Juan municipality, where she owns a home

next to the Buena Vista Creek, a tributary of the Rio Piedras/Puerto Nuevo River and also part of the

estuary of the San Juan Bay, a navigable body of water of the United States.

2. The United States District Court has jurisdiction over these actions under the

provisions of Federal Water Pollution Control Act, also known as the Clean Water Act (hereinafter

referred to as “FWPCA or CWA”) § 505(a)(1), 33 U.S.C. §1365(a)(1) and pursuant to 28 U.S.C.

§1331. The Court’s original jurisdiction is invoked because the claims asserted are founded upon the

existence of federal questions arising under laws of the United States. 28 U.S.C. § 1331.

3. Pursuant to 28 U.S.C. § 1367, the Court has supplemental jurisdiction over the other

state claims pleaded because they are related to the federal claims and form part of the same case or

controversy under Article III of the United States Constitution. Supplemental state law claims for
 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 2 of 8
2

damages under Commonwealth state law causes of actions, including negligence, nuisance, and

riparian rights.

4. The FPWCA, 33 U.S.C. § 1365, et seq., requires that a citizen give notice of their

claims to any person, including the United States, and or any other governmental entity sixty (60)

days before bringing suit against the alleged violator. See 33 U.S.C. §1365(a)(1), (b)(1)(A).

5. On December 31, 2018, Plaintiff Natalia Cebollero, through her attorney, Edelmiro

Salas González, one of the below undersigned counsels, gave defendant Puerto Rico Aqueduct and

Sewer Authority ("PRASA"), the notice required by the FPWCA (hereinafter “Notice”). See, Ex.

No. 1 attached to this complaint.

6. Notice was also given to Andrew R. Wheeler, Acting Administrator U. S.

Environmental Protection Agency (“EPA”), the Hon. Matthew G. Whitaker, Acting Attorney

General, and Peter D. Lopez, Regional Administrator of the EPA for Region 2, among others. See,

Ex. No. 1 attached to this complaint.

7. The Notice included sufficient information to permit the PRWSA to identify the

activity alleged to constitute a violation, as the responsible for the alleged violation, by using specific

Global Positioning Satellite (“GPS”) coordinates of the alleged violation, the date or dates of such

violation, and the names of the person giving notice.

8. Plaintiff’s Notice sent sufficient information to permit the PRASA to identify the

activity alleged to constitute a violation; GPS coordinate of the alleged violation, the date or dates of

such violation, and the full name, address of the persons giving notice. See, Ex. No. 1.

9. More specifically, notice was given to the PRASA that on several dates, the three

sewer manholes located on the GPS coordinates of 18° 23' 56.22" N and 66° 4' 1.81", were

overflowing with sewage, onto the street and into an adjacent rainwater storm drain that collects

the raw sewage and take directly into the Buena Vista Creek, a tributary of the Puerto Nuevo
 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 3 of 8
3

River. Notice was also given that the storm drain takes the sewage into the Buena Vista Creek at

the GPS location of 56.04" N, 66° 4' 3" W.

10. The Notice informed the PRASA that the sewages discharges described in the

immediately preceding paragraph occurred on the following dates: May 27, 2018; September 25,

2018; October 17, 2018; October 23, 2018; November 3, 2018; November 4, 2018; and December

28, 2018. See Ex. No. 1.

11. The information provided in the NOTICE provided the information necessary to give

a clear indication of the citizens’ intent. The specificity, through GPS coordinates was reasonable

and from should not prevail over the substance of the information.

12. The three sewage manholes located in the vicinity of on the GPS coordinates of 18°

23' 56.22" N and 66° 4' 1.81", are discernible and discrete conveyances, from which pollutants

are being, continuing to be or may be discharged in the immediate future, particularly on events

of rainy weather.

13. The Plaintiff’s Notice also stated that there was an additional storm drainage that

was dumping raw sewage into the Quebrada Buena Vista Creek, during and continuing through

the relevant period, and that from information and belief it was coming from a PRASA sewage

manholes in the nearby Centro Médico area. It was noticed that such sewage discharge occurs

near Ms. Cebollero’s home at the following GPS coordinates: 18° 23' 56.04" N, 66° 4' 3" W. It

was also noticed that these coordinates originated foul smells into her back yard and that these

discharges were recurring and continuing at the time of the Notice.

14. As a result of the sewage discharges described in this complaint and in the Notice,

Plaintiff Natalia Cebollero has had suffered, and continues to suffer, an injury in fact, namely, an

invasion of a legally-protected interest which is concrete and particularized and is actual or

imminent, not conjectural nor hypothetical.

 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 4 of 8
4

15. The injury to the plaintiff is that whenever heavy rains occurs, raw sewage coming

from the point source herein mentioned, is dumped in the creek that runs through her back yard near

the coordinates quoted in this letter and expose her and her children to diseases, foul odors and other

health threats.

16. Furthermore, Mrs. Cebollero is an arborist and has aesthetic or recreational interest in

walking or using the creek and the Rio Piedras River recreationally is sufficient to confer standing.

Ms. Cebollero has used the affected area, walked in the creek and is a person for whom the aesthetic

and recreational values of the area will be lessened by the challenged activity of dumping raw

sewage into the creek.

17. Plaintiff’s back yard, near 18° 23' 56.04" N, 66° 4' 3" W, is in direct proximity to

the affected area of the Buena Vista Creek. She also lives in Villa Nevarez and would like to use the

sidewalks free of raw sewage.

18. As a result, Plaintiff future life will be less enjoyable, particularly knowing that she

cannot walk in or near the creek, and not even walk in her neighborhood, feeling that she is walking

on the eggshells of deadly pathogens. It is to be noticed that the quality of the waters of the Buena

Vista Creek should conform to the water quality standards set by the Commonwealth of Puerto

Rico’s Environmental Quality Board (EQB) in its Regulation for Water Quality Standards,

Regulation No. 8732 of April 27th, 2016 (hereinafter referred to as “Regulation No. 8732”); before

the discharges herein mentioned began to occur, the waters of the Buena Vista Creek were of

acceptable quality, with no noticeable foul odors and thus, causing no concern to the Plaintiff.

19. Furthermore, Plaintiff really has been, is, and/or will suffer in his or her degree of

aesthetic or recreational satisfaction if the area in question remains or becomes environmentally

degraded with PRASA’s continuous and recurrent spills of raw sewage and. and the conduct herein

complained of.
 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 5 of 8
5

20. Plaintiff’s injury fairly traceable to the challenged action of the defendant, and not the

result of the independent action of some third party not before the Court. Defendants dumping and

spillages of sewage adversely affect Plaintiff by the pollutant and that sewage causes or contributes

to the kinds of injuries alleged by the plaintiffs.

21. Defendant’s dumping of sewage into the streets of Villa Nevarez and the Buena Vista

creek are actions causing injuries that will be. redressed by a favorable decision of this Court or

‘fixed’ through a remedy the law provides. Plaintiff’s injuries fall within the “zone of interests” that

the statute was designed to protect. Plaintiff’s interests “share a ‘plausible relationship’ to the

policies underlying” the statute.

22. Raw Sewage spilling from plaintiff’s in the vicinity of Ms. Cebollero’s home and into

the Buena Vista Cree stemming from PRASA’s sewers are a “Pollutant” as broadly defined in CWA

§ 502 as sewage. 33 U.S.C. § 1362(6).

23. The sewers and sanitary registers are described in this complaint are discernible,

discrete conveyances from which the raw sewage pollutant is discharged into the Buena Vista Creek.

24. The PRASA does not have a permit that allows it to dump non-stormwater discharges

into the storm sewers and dumping the sewage into the creek.

25. The 2015 consent decree between the PRASA and the United States Environmental

Protection Agency, under which PRASA has to monitor the point source discharges and to take steps

to remediate them, (hereinafter “the 2015 consent decree”) does not mention the specific discharge of

sewage mentioned through GPS coordinates in this complaint and in Plaintiff’s 60 day letter. Simply

put, the 2015 decree has not specifically addressed the concerns of this suit.

26. The 2015 consent decree, however, does makes reference to other remedies and

enforcement actions against discharges of pollutants occurring on a street in the Villa Nevárez

neighborhood that is 2,796 feet away from the GPS coordinates provided to the defendant. The 2015
 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 6 of 8
6

Consent Decree between PRASA and the EPA does not speak of the alleged violations and the

subject action raised in this complaint.

27. Even so, PRASA in a response to the 60 day letter offered no evidence that the EPA

was diligently prosecuting any action addressing the specific violations raised in the 60 day letter and

is therefore not diligently prosecuting any action against PRASA with respect to the specific

discharges raised in this complaint.

28. The violations of sewage discharges are ongoing and several have occurred on

several occasions again after the sixty day letter was sent to the defendant PRASA.

OTHER CAUSES OF ACTION

State law nuisance

29. Plaintiff reasserts all previously alleged averments of this complaint as part of this

causes of action for nuisance.

30. Plaintiff’s property is injuriously affected by the PRASA raw sewage spills into the

Buena Vista Creek and into the streets near her home. Plaintiff seeks an abatement of said nuisance

and the damages caused by said nuisance, including her lack of enjoyment of her property.

31. Defendant PRASA has a legal duty to conform to a standard of conduct raised by the

law for the protection of others against unreasonable risks of harm plaintiff’s property and life. The

rights of a property owner such as Plaintiff include the right to use and enjoy her property.

32. The PRASA has breached its duty to the Plaintiff to prevent sewage spills into the

areas near her property and into her neighborhood.

33. The illegal sewage spills, resulting from the PRASA’s breach of its duties, are the

cause for the injuries to plaintiff.

State riparian rights

34. Plaintiff reasserts all previously alleged averments of this complaint as part of this

causes of action for nuisance.

 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 7 of 8
7

35. Under Puerto Rico Law, Plaintiff has a right to use the Buena Vista Creek to enjoy

nature, including walk within the creek, as well as to enjoy its view, and its ecological value, free

from any nuisance and/or debris and/or discharges that may impede the water flow and/or degrade

the quality of the Buena Vista Creek. Act No. 180 of October 29, 2014 12 L.P.R.A §§421 et seq.;

Rule No. 1300.4 of EQB’s Regulation No. 8732.

36. Plaintiff further alleges that the illegal spillage of sewage into the storm sewers

leading into the Quebrada Buena Vista, have turned the storm sewers into rage sewage sewers, which

prevent Plaintiff from exercising her riparian rights by turning the Creek into an illegal cesspool,

impeding her passive enjoyment of the Creek and her welfare and quality of life in her property and

in her home.

37. Plaintiff cannot exercise other riparian rights under the Commonwealth’s Water Laws

as mentioned, and other Commonwealth environmental statutes and regulations because of PRASA’s

sewage discharges.

PRAYER FOR RELIEF

WHEREFORE, it is respectfully requested that the Honorable Court GRANT the following

relief:

A. Injunctive relief, including a restorative injunction, taking into account a comprehensive

evaluation of the environmental factors involved and the practicalities of the situation, based

on the factual record. Plaintiff demands that defendant be enjoined from continuing any

discharges of pollutant into the creek at the locations specified in her 60 day letter.

B. Civil penalties to be assessed as a matter of law. 33 U.S.C. § 1319(d).

C. Damages, including compensatory damages, damages to the person include inconvenience,

unhappiness, and annoyance caused by the Defendant’s actions. Such damages are to be
 Case 3:19-cv-01412 Document 1 Filed 04/29/19 Page 8 of 8
8

determined by the enlightened conscience of the jury. Said damages include those that

continue to occur during the pendency of the case and are estimated at $200,000.00

D. Reasonable attorney and expert witness fees) to plaintiff as a prevailing party or a

substantially prevailing party, whenever the court determines such award is appropriate. 33

U.S.C. § 1365(d).

E. Punitive damages at an amount no less than $1,000,000.00 given defendant’s willful and

conscious indifference to consequences of their illegal discharges which are causing

environmental pollution and degradation of the quality of the waters of the United States.

F. Any other and further legal and/or equitable relief to which Plaintiffs and the Classes

might be entitled at law, both State and Federal, or which this Court deems proper.

JURY DEMAND
Plaintiffs, hereby demand a trial by jury on all claims so able to be tried.

In San Juan, Puerto Rico, this 29th day of April, 2019.

s/ José Luis Ramírez de León s/Edelmiro Salas González

JOSÉ L. RAMIREZ DE LEÓN, LLM Edelmiro A. Salas González
USDC Bar No. 206910 USDC 218004
PO Box 190251 1072 Calle 17, Urb. Villa Nevarez
San Juan, PR 00919-0251 San Juan, Puerto Rico 00927
Tel. (787) 415-8459 Tel. (787) 376-4659
Fax. (787) 282-6682 Fax. 1-866-583-2843
[email protected] [email protected]
[email protected]
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 1 of 6
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 2 of 6
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 3 of 6
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 4 of 6
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 5 of 6
Case 3:19-cv-01412 Document 1-1 Filed 04/29/19 Page 6 of 6
Case 3:19-cv-01412 Document 1-2 Filed 04/29/19 Page 1 of 1
 Case 3:19-cv-01412 Document 1-3 Filed 04/29/19 Page 1 of 2

DPR MODIFIED AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
District of Puerto Rico

)
)
)
Natalia Cebollero-Bertran )
Plaintiff(s) )
) 3:19-cv-1412
v. Civil Action No.
)
)
)
Puerto Rico Aqueduct and Sewer Authority )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address)

PUERTO RICO AQUEDUCT AND SEWER AUTHORITY

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- or 90 days in a Social Security Action- you must serve on the plaintiff an answer to the attached
complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on
the plaintiff or plaintiffs attorney, whose name and address are:

Edelmiro Salas Gonzalez

1072 Calle 17, Urb. Villa Nevarez San Juan, Puerto Rico 00927 T:(787) 376-4659 [email protected]

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

FRANCES RIOS DE MORAN, ESQ.

CLERK OF COURT

Date:
------------------
Signature of Clerk or Deputy Clerk
 Case 3:19-cv-01412 Document 1-3 Filed 04/29/19 Page 2 of 2

DPR MODIFIED AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I))

This summons for (name ofindividual and title, if any)

was receive~ by me on (date)

0 I personally served the summons on the individual at (place)

on (date) ; or
---------------------------------------------
D I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
----------------------------------
on (date) , and mailed a copy to the individual's last known address; or

D I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
--------------------------------------------- -----------------
D I returned the summons unexecuted because ; or

D Other (specify):

My fees are$ for travel and $ for services, for a total of$

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

 Case 3:19-cv-01412 Document 1-4 Filed 04/29/19 Page 1 of 2
JS 44 (Rev. 02/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS Natalia Cebollero-Bertrán DEFENDANTS

(b) County of Residence of First Listed Plaintiff San Juan County of Residence of First Listed Defendant San Juan
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Edelmiro Salas-González, 1072 Calle 17, Urb. Villa Nevarez, San Juan
PR 00927. (787) 376-4659

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions
Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Clean Water Act. 33 U.S.C. §1365, 28 USC 1331. Suppelemental Jurisdiction 28 U.S.C. § 1367
VI. CAUSE OF ACTION Brief description of cause:
Citizens Suit for discharge of raw sewage in violaiton of Clean Water Act.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 1,200,000.00 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/29/2019 F:/ Edelmiro Salas González
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Reset

JS 44 Reverse (Rev. 02/19) Case 3:19-cv-01412 Document 1-4 Filed 04/29/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 3:19-cv-01412 Document 1-5 Filed 04/29/19 Page 1 of 1

UNITED STATES DISTRICT COURT

DISTRICT OF PUERTO RICO

CATEGORY SHEET

You must accompany. your complaint with this Category Sheet, and the Civil Cover Sheet (JS-44).

Attorney Name (Last, First, MI): js~~.~s.~~~~zalez, ~delll.li~~­

USDC-PR Bar Number: 1218004

Email Address:

1. Title (caption) of the Case (provide only the names of the first party on each side):

Plaintiff: !Natalia Cebollero-Bertran

Defendant: !Puerto Rico Aqueduct and Sewer Authority

2. Indicate the category to which this case belongs:

fX Ordinary Civil Case

I Social Security
I Banking
I Injunction

3. Indicate the title and number of related cases (if any).

4. Has a prior action between the same parties and based on the same claim ever been filed before this Court?

I Yes
(X No

5. Is this case required to be heard and determined by a district court of three judges pursuant to 28 U.S.C. § 2284?

I Yes
IX No

6. Does this case question the constitutionality of a state statute? (See, Fed.R.Civ. P. 24)

J Yes
15< No

Date Submitted: ~~(29~19

rev. Dec. 2009