Total Petroleum Puerto Rico Corp. v. Fonseca-Marrero et al

Filing 42

ORDER ADOPTING 41 REPORT AND RECOMMENDATION. Accordingly, the request for a permanent injunction at Docket No. 38 is granted. See attached. The parties shall submit a proposed order for the court's consideration not later than May 31, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 5/24/2018. (LMR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
TOTAL PETROLEUM PUERTO RICO
CORP.,
Plaintiff,

CIVIL NO. 16-2436 (PAD)

v.
RAFAEL FONSECA-MARRERO, et al.
Defendants
ORDER
Before the court is the “Joint Motion for Entry of Permanent Injunction Order and for
Extension of Discovery Deadline” (Docket No. 38), whereby the parties jointly requested entry of
a permanent injunction instructing defendants to: (i) permanently surrender the premises and
gasoline station in question, the tanks, and all the equipment therein located to plaintiff; (ii) comply
with all other post-termination covenants of the franchise agreements, and; (iii) to permanently
refrain from using the “TOTAL” brands, trademarks and related indications, as well as promoting
or advertising that defendants were formerly a Total Petroleum Puerto Rico Corp. franchisee, using
the TPPRC’s operating manuals, training manuals, sales manuals and aids, advertising and
promotional materials, and all other trade secret and confidential and proprietary material delivered
to defendants pursuant to the franchise relationship. Id. at ¶ 3. Also, the parties requested that
discovery and the deadline to submit dispositive motions be extended. Id. at ¶ 7.
The motion was referred to U.S. Magistrate Judge Bruce J. McGiverin (Docket No. 29),
who issued a Report and Recommendation (“R&R”) recommending that the injunction be entered,
and granted the request to extend the discovery and file dispositive motions (Docket No. 41). Id.
The parties did not file any objections. Upon de novo review of the record and the joint motion at

Total Petroleum Puerto Rico Corp. v. Fonseca-Marrero et al
Civil No. 16-2436 (PAD/BJM)
Order
Page 2

Docket No. 38, the court hereby ADOPTS the R&R (Docket No. 41), and, accordingly, GRANTS
the request for a permanent injunction at Docket No. 38. The parties shall submit a proposed order
for the court’s consideration not later than May 31, 2018.
SO ORDERED.
In San Juan, Puerto Rico, this 24th day of May, 2018.
s/Pedro A. Delgado-Hernández
PEDRO A. DELGADO-HERNÁNDEZ
United States District Judge