Barceloneta Environmental Defense Committee, Inc. et al v Puerto Rico Acqueduct and Sewer Authority

Filing 47

MEMORANDUM AND ORDER denying 43 Motion to Dismiss. Consent decree due by 5/5/2014. Signed by US Magistrate Judge Silvia Carreno-Coll on 3/19/2014. (NBB)

IN THE UNITED STATES COURT
FOR THE DISTRICT OF PUERTO RICO

BARCELONETA ENVTL. DEF.
COMM., INC., ET AL.,
Plaintiff,
CIV. NO.: 12-1311(SCC)
v.
P.R. AQUEDUCTS & SEWER
AUTH., ET AL.,
Defendant.

MEMORANDUM AND ORDER
A year ago, this case very nearly settled. The parties
reached an agreement in principle, and the Court granted a
brief period for them to file a consent decree. See Docket No.
35. But a month after the agreement was reached, PRASA
substituted an attorney from its general counsel’s office for its
previous counsel. See Docket Nos. 36–38. When PRASA did not
act on its duty to go forward with approval of the consent
decree, Plaintiffs requested a settlement conference. See Docket
No. 39. Though we considered the case to have already settled,

BARCELONETA ENVTL. DEF. COMM. v. PRASA

Page 2

we granted Plaintiffs’ request. Docket No. 40. At the conference, PRASA’s new counsel indicated that he wished to raise
a jurisdictional defense not raised by former counsel. See
Docket No. 41. Though we considered PRASA bound by its
previous counsel’s actions, we permitted PRASA to file a
motion to dismiss solely because of its jurisdictional nature. See
id. At the time, though, we made clear that PRASA would be
“bound by the terms and conditions of the agreement”
previously reached if its jurisdictional arguments failed. See id.
The motion that PRASA filed, however, see Docket No. 43,
is patently meritless. It is putatively a motion to dismiss, but its
sole ground for dismissal—that PRASA no longer controls the
property in question—relies on facts not found in this case’s
pleadings. And PRASA fails to include any documentary
evidence of this fact that would permit us to convert its motion
to one for summary judgment. Instead, PRASA offers only its
attorney’s factual proffer, which, in this context, is entitled to
no weight.
The motion is DENIED. In accordance with our previous
Order, the parties have until May 5, 2014, to file a consent
decree.
IT IS SO ORDERED.

BARCELONETA ENVTL. DEF. COMM. v. PRASA

Page 3

In San Juan, Puerto Rico, this 19th day of March, 2014.
S/ SILVIA CARREÑO-COLL
UNITED STATES MAGISTRATE JUDGE