Cruz-Rodriguez et al v. Molina-Rodriguez et al

Filing 29

ORDER granting 28 Motion to Strike. The Motion to Dismiss is deemed as unopposed. Signed by Judge Juan M. Perez-Gimenez on 1/14/2014. (VCC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
CRUZ RODRIGUEZ, ET AL.
Plaintiffs
v.

CIV. NO. 12-1189 (PG)

MOLINA RODRIGUEZ, ET AL.
Defendants

ORDER
Before

the

Court

is

the

motion

to

strike

the

“Response

in

Opposition to Motion to Dismiss and Request for Leave to File Belated
Opposition”

filed

by

co-defendants

Carlos

Molina

Rodríguez,

Maria

Lugardo, David Aguila and Hector Acosta Zambrana. (Docket No. 28). For
the purpose of clarity, we will briefly recount the pertinent procedural
history pertaining to co-defendants’ request.
Plaintiffs filed the Complaint on March 16, 2012. (Docket No. 1).
On March 19, 2013 co-defendants Carlos Molina Rodríguez, Maria Lugardo,
David

Aguila

and

Hector

Acosta

Zambrana

filed

a

Motion

to

Dismiss.

(Docket No. 23). The fourteen-day term provided by Local Rule 7(b) for
filing an objection to a motion lapsed without a single appearance from
plaintiffs to file their objection or, at the very least, request an
extension to do so. For that reason, on May 16, 2013 co-defendants filed
a motion to deem their request for dismissal as unopposed. (Docket No.
24).
The

filing

should

have

constituted

a

red

flag

for

plaintiffs,

prompting them to put forth their objections without further delay yet
they lingered for another sixty-seven days before finally submitting
their “Opposition to Motion to Dismiss and Request for Leave to File
Instanter.” (Docket No. 26).
In the document, plaintiffs put forward their reason for failing to
abide by the deadlines mandated by the Federal Rules of Civil Procedure
and the Local Rules of this Court. (Docket No. 26 at ¶5). We find their
excuse to be unbecoming of an officer of the Court and thus, we will
analyze the Motion to Dismiss without Plaintiff’s Opposition.

Civil No. 12-1189 (PG)
Therefore,

the

Page 2
Court

GRANTS

the

motion

to

strike

plaintiffs’

response in opposition to motion to dismiss (Docket No. 28).

IT IS SO ORDERED.
In San Juan, Puerto Rico, January 14, 2014.

s/ Juan M. Pérez-Giménez
JUAN M. PEREZ-GIMENEZ
SENIOR U.S. DISTRICT JUDGE