Orden Embargo Enmendada Adjuntas

8/6/2019 Orden Embargo Enmendada Adjuntas

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO

LUIS A. ACEVEDO-GARCA, et al.,

Plaintiffs

v.

MUNICIPIO DE ADJUNTAS, et al.,

Defendants

CIVIL NO. 97-2639 (JP)

AMENDED ORDER FOR EXECUTION OF JUDGMENT

Before the Court is Plaintiffs motion requesting execution of

judgment (No. 710) because of Defendant Municipality of Adjuntas

non-compliance with the terms of the judgment. Said motion is hereby

GRANTED.

By way of background, Plaintiffs filed this case on November 12,

1997 (No. 1). On November 14, 2006, the Court entered a consent

judgment pursuant to the settlement agreement reached by the parties

(No. 489). The settlement agreement, which was incorporated into the

judgment, provides that Defendant would pay Plaintiffs $12,500,000.00

within 120 days from the entry of judgment. The Court retained

jurisdiction to enforce the judgment if need be.

Said judgment is final and unappealable, and the period agreed

for the disbursement of the money owed has long passed. It appears

from the record of this Court that Defendant Municipality of Adjuntas

has failed to comply with the terms of the judgment.

As such, and pursuant to Rule 69 of the Federal Rules of Civil

Procedure, the Court hereby ORDERS the Clerk of Court to issue a writ

Case 3:97-cv-02639-JP Document 724 Filed 08/05/11 Page 1 of 3


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for execution of judgment directing the United States Marshal for

this District to proceed forthwith and seize any and all monies,

funds, and/or property of Defendant Municipality of Adjuntas up to

the amount of $4,025,000.00, plus interest at the legal rate from

November 14, 2006 until full payment is received.

The money to be seized shall include, but is not limited to, any

and all monies deposited in any financial institution located in the

Commonwealth of Puerto Rico such as Banco Popular de Puerto Rico,

First Bank, Oriental Bank & Trust, Doral Financial Corporation, Banco

Santander, Banco Bilbao Vizcaya Argentaria (BBVA), Scotiabank, and

the Government Development Bank of the Commonwealth of Puerto Rico.

It shall also include any monies retained, held or otherwise

deposited with the Department of Treasury of the Commonwealth of

Puerto Rico, the Municipal Collections Center (CRIM) and any other

financial institution holding deposits. The funds to be seized shall

be funds retained, held or otherwise deposited in accounts in the

name of, or on behalf of the Municipality of Adjuntas. The seized

monies shall be deposited in an interest-bearing account of this

Court for disbursement to Plaintiffs.

In the event that the seized monies are insufficient to pay the

amount owed, the Registry of Property of Ponce is hereby ORDERED to

garnish all real estate properties registered and owned by the

Municipality of Adjuntas. Said property SHALL be sold at public



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auction according to law until sufficient funds have been obtained

to pay in full the amount owed to Plaintiffs.

IT IS SO ORDERED.

In San Juan, Puerto Rico, this 5 day of August, 2011.th

S/JOSE ANTONIO FUSTEJOSE ANTONIO FUSTE

UNITED STATES DISTRICT JUDGE


Orden Embargo Enmendada Adjuntas

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