Caguas Lumber Yard, Inc. et al v. Ace Hardware Corporation et al

Filing 34

ORDER: Adopting Report and Recommendation re 31 Report and Recommendation Signed by Judge Gustavo A. Gelpi on 11/21/2011. (TC)

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

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CAGUAS LUMBER YARD, INC. et al.,

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Plaintiffs,

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v.

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ACE HARDWARE CORP, et al.,

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Defendants.

Civil No. 11-1684 (GAG)

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ORDER
The Court, upon de novo review hereby ADOPTS Magistrate Judge Velez-Rive’s Report
and Recommendation regarding defendant’s motion to dismiss as per Rule 12(b)(3) (Docket No.
31). The Court further AFFIRMS Judge Velez-Rive’s Opinion and Order denying defendants’
request fora venue change as per 28 U.S.C. § 1401 (Docket No. 30). Her reasoning on both rulings
is therefore adopted. The Court further notes that in the present action (removed from Puerto Rico
Superior Court) there exists a immensely strong public policy found in Law 75 to the effect that
actions thereunder be litigated in Puerto Rico.
The undersigned, for purposes of its ruling, has carefully reviewed the following memoranda
submitted by the parties: defendants’ Motion to Dismiss or Change of Venue (Docket No. 20), the
plaintiff’s response thereto (Docket No. 26), as well as defendants’ objection to the Report and
Recommendation and Appeal from Magistrate Judge’s decision (Docket No. 33). Although in this
instance plaintiff has prevailed, the Court commends all counsel for their thorough, diligent and
excellent work in this matter.

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SO ORDERED.
In San Juan, Puerto Rico this 21st day of November 2011.

s/Gustavo A. Gelpí
GUSTAVO A. GELPI
United States District Judge