American Waste Management and Recycling, LLC. v. CEMEX Puerto Rico, Inc. et al

Filing 62

American Waste Management and Recycling, LLC. v. CEMEX Puerto Rico, Inc. et al

Doc. 62

Case 3:07-cv-01658-JAF

Document 62

Filed 10/08/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

AMERICAN WASTE MANAGEMENT AND RECYCLING, LLC. Plaintiff, v.

CIVIL NO.: 07- 1658 (JAF)

BREACH OF CONTRACT; COLLECTION OF MONIES; and DAMAGES.

CE MEX PUERTO RICO; CANOPY E C O T E R R A , X Y Z I N S U R A N C E JURY TRIAL DEMANDED COMPANIES. Defendants.

MOTION IN COMPLIANCE WITH COURT ORDER

TO THE HONORABLE COURT: NOW APPEARS Plaintiff AMERICAN WASTE MANAGEMENT AND RECYCLING, LLC ( "AWMR") , and through the undersigned attorneys, respectfully STATES, ALLEGES and REQUESTS as follows: On Friday, October 5, 2007, a hearing was held before this Honorable Court. As a result thereof, the Court issued an Order at docket No. 60, which, among others, ordered Plaintiff AWMR to make certain that equipment located at the CEMEX site is removed by persons or entities legally authorized to do so, and further, that it provide a list of the equipment currently at the site and to file it with the court by 4:00 p.m. today, October 8, 2007. In compliance therewith, AWMR submits the following partial list of entities who will be removing equipment, and the equipment they will be removing. Because today is a federal holiday and AWMR employees are not working, this list may

Dockets.Justia.com

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not contain the complete listing of the equipment or third parties. If necessary, it be promptly amended within the next few days, in compliance with the Court's Order. I. Rental equipment and lessor A. Compresores y equipos 1. 1 Bob cat ­ Model 317; 2. 1 Sky Track (Blue) - Model TX5519 AMECO 1. 1 Office Trailer- Model 1236 2. 1 Fork Lift- Model 588G 3. 1 Man lift Boom- Model E450A 4. 1Chipping Hammer & 50' Hose- Model HACO196 RIMCO 1. 1 Bob Cat & Hammer- Model 2268-H63

B.

C.

II.

AWMR's property A. Office 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Printer- Lexmark X5470 Computer, wireless mouse & regular mouse- Compaq Monitor- HP Air Purifier Octopus Extension, stapler, 2 hole puncher, tape dispenser Shredder 5 Working Stations 2 Chairs Water dispenser desk lamp Wall board 2 waste baskets 3 filling drawers for files Two tables Air conditioner 6 radio scanners 4 surveillance cameras

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B.

Equipment 1. 2. 3. 4. 5. 6. 7. 8. 1 Sky Track Army Dodge White Truck 1 Kobelco Excavator Hydraulic jacks 3/ 20 foot containers Bucket for dresser Air conditioner Bucket & Jaws for OutCat 280

C.

Tools 3 extensions 1 small tools kit Impact Tools- 3 guns 2 Shubles 1 Electrical saw 2 hoses 200' long 3 hoses 50' long 1 welding machine 2 pipe wrench 3 hand drilling hammer 1 cordless drill 1 box of dust respirators (24) 1 box of working gloves (24) 1 box of welding gloves (24) several water coolers

1 Chipping hammer (electric) 3 plasma machines 1 air compressor 2 Generators- 70KV, 1-5KV 2 vacuums 4 torches with gauges 6 tanks for gasoline 1 octopus for oxygen 1 machine to cut metal 1 machine to cut wood 1 first aid kit 4 fire extinguishers 1 air compressor hose 1 fan 5 harness

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3 brushes 2 discs to cut metal 1 safety 1 box of disposable respirators

12 cutting goggles 12 welding masks 12 safety glasses (clear) 1 impact hammer

WHEREFORE, Plaintiffs respectfully request that the Honorable Court NOTE AWMR`s compliance with its Order, and that it issue any further relief it deem just and proper under the law. RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this 8th day of October, 2007. CERTIFICATION: I hereby certify that on this day, the present motion was filed the Court's CM/ECF system, which will notify all counsel of record in this case. INDIANO & WILLIAMS, P.S.C. 207 del Parque Street Third Floor San Juan, Puerto Rico 00912 Tel.: [phone] / FAX: [phone] [e-mail] [e-mail]

By:

s/ David C. Indiano DAVID C. INDIANO U.S.D.C.P.R. Bar No. 200601 s/ Jeffrey M. Williams JEFFREY M. WILLIAMS U.S.D.C.P.R. Bar No. 202414 s/ Ada Sofia Esteves ADA SOFIA ESTEVES U.S.D.C.P.R. Bar No. 216910

By:

By:

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