Martinez-Gonzalez et al v. Catholic Schools of the Archdioceses of San Juan Pension Plan et al

Filing 82

ORDER ADOPTING REPORT AND RECOMMENDATION: 77 Report and Recommendation is hereby adopted. 27 Motion to dismiss the Amended Complaint is denied. Signed by Judge Gustavo A. Gelpi on 1/27/2017. (GC)

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

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IVETTE M. MARTINEZ-GONZALEZ,
et al.,

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Plaintiffs,

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v.

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CATHOLIC SCHOOLS OF THE
ARCHDIOCESES OF SAN JUAN
PENSION PLAN, et al.,

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Defendants.

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CIVIL NO. 16-2077 (GAG)

ORDER ADOPTING REPORT AND RECOMMENDATION

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Magistrate Judge Bruce McGiverin’s Report and Recommendation (Docket No. 77) on

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Defendants’ motion to dismiss is hereby ADOPTED in its entirety. Accordingly, Defendants’

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motion to dismiss the Amended Complaint (Docket No. 27) is DENIED.

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The undersigned has received and reviewed the objection to the Report and

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Recommendation filed by Defendants Superintendence of Catholic Schools of the Archdioceses

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of San Juan (the “Superintendence”) and the Trust of the Catholic Schools of the Archdiocese of

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San Juan Pension Plan (“Plan’s Trust”). (Docket No. 79.) The Court also notes that co-Defendants

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Juan Santa and Rosa Figueroa have joined in Defendants’ objection. (Docket No. 80.)

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Applying a de novo standard of review, I hereby accept and adopt as my own Judge

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McGiverin’s legal conclusions based on the allegations set forth in the Amended Complaint. The

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Court agrees that the factual record must be developed before the Court can consider a summary

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judgment motion. The case is hereby referred again to Judge Bruce McGiverin for an Initial

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Scheduling Conference, in which he will order and set a fast-track discovery schedule on the

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threshold issues at bar. A deadline for summary judgment filings will be set accordingly.

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Civil No. 16-2077 (GAG)
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The fact that Defendants’ motion to dismiss has been denied does not necessarily entail

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that the same result will follow at summary judgment. The Court is aware of the litigation pending

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before the Supreme Court that relates to this threshold issue. The factual record must be developed.

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The parties will have the opportunity to address any new Supreme Court precedent at summary

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judgment. Once the Court rules on the summary judgment matter, if favorable to Plaintiffs, the

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matter of injunctive relief will be addressed at that time.

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SO ORDERED.

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In San Juan, Puerto Rico, this 27th day of January, 2017.

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

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