Diaz-Rodriguez et al v. Figueroa-Sancha et al

Filing 36

MEMORANDUM AND ORDER denying 29 MOTION TO DISMISS; granting 30 MOTION to Dismiss. Judgment shall follow accordingly. Signed by Judge Jay A Garcia-Gregory on 8/13/2013.(RJC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
DIAZ-RODRIGUEZ, et al.,
Plaintiffs

CIVIL NO. 12-1243 (JAG)

v.
FIGUEROA-SANCHA, et al.,
Defendants

MEMORANDUM AND ORDER
GARCIA-GREGORY, D.J.
Pending before the Court are two motions to dismiss. (See
Docket

Nos.

Plaintiffs’

29

and

claims

30).

One

against

of

those

them

seeks

defendants

dismissal
named

in

of
the

complaint, but not yet served. (Docket No. 30). Since Plaintiffs
failed to oppose this motion, they have waived any objection to
the

same.

See

Rodriguez–Salgado

v.

Somoza–Colombani,

No.

11–

2159, 2013 WL 1403263, at *3 (D.P.R. Mar. 1, 2013) (quoting
NEPSK, Inc. v. Town of Houlton, 283 F.3d 1, 7 (1st Cir. 2002)).
Therefore, Plaintiffs’ claims against “Bill Fernandez, Sergeant
Morales, Fernandez Company, Morales Company, Diaz‐Lebron Company”
are hereby dismissed without prejudice.
On
provides

the

other

sufficient

hand,

the

material

Court
to

finds

sustain

that

the

complaint

the

claims

raised

against the rest of the defendants in this case. Whether those

CIVIL NO. 12-1243 (JAG)
claims

will

survive

a

2
properly

supported

motion

for

summary

judgment is another matter. Therefore, Defendants’ other motion
to dismiss (Docket No. 29) is hereby denied.

IT IS SO ORDERED.
In San Juan, Puerto Rico, this 13th day of August, 2013.

s/Jay A. Garcia-Gregory
JAY A. GARCIA-GREGORY
United States District Judge