Alvarez-Colon et al v. Bermudez-Vera, et al.

Filing 121

Minute Entry of Proceedings held before Judge Pedro A. Delgado-Hernandez: Continuation of Pretrial Conference. See attached. (LMR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
ELIZABETH ALVAREZ-COLON, ET
AL.
Plaintiffs,
v.

CIVIL NO. 17-2288 (PAD)

DR ARIEL BERMUDEZ-VERA, et al.
Defendants.

MINUTES OF PROCEEDINGS: CONTINUATION OF PRETRIAL CONFERENCE
The continuation of the Pretrial Conference was held today before the undersigned. Present
were attorneys Humberto Guzmán-Rodríguez and Alejandra Arnaldy on behalf of plaintiffs;
attorney Sigrid López-González on behalf of Dr. Ariel Bermúdez-Vera; and, attorneys Eduardo
Ortiz-Declet and Ramonita Dieppa-González, on behalf of Dr. Robert Hunter-Mellado. The parties
were available by phone. The conference started at 2:30 p.m. and ended at 4:05 p.m. The
following items were discussed.
1. Settlement: The court inquired as to the status of settlement negotiations. Regarding
Dr. Hunter, attorney Guzmán explained that a revised settlement demand was sent to
him through counsel. He counter-offered and plaintiffs replied. During the conference,
Dr. Hunter accepted plaintiffs’ latest proposal and so informed attorney Ortiz-Declet
over the phone. A Notice for Voluntary Dismissal as to Dr. Hunter will be filed by
March 16, 2020. The parties were warned that no partial judgment will be entered for
the reasons stated at Docket No. 114. In connection with Dr. Bermúdez, attorney
Guzmán informed that, for strategic reasons, plaintiffs decided not to make a revised

Alvarez-Colon et al v. Bermúdez-Vera, et al..
Civil No. 17-2288 (PAD)
Minutes of Proceedings
Page 2

settlement demand prior to the conference. Now that the case has been settled with
respect to Dr. Hunter, attorney Guzmán will send a revised settlement offer to attorney
López this afternoon.
2. Joint Pretrial Conference Report: The court inquired as to Dr. Bermúdez’ portion of
the Report pertaining to factual witnesses (Docket No. 58 at p. 47). Attorney López
explained why Dr. Bermúdez was listed as an expert witness, and not as a factual
witness. Following discussion, the court noted that Dr. Bermúdez will be considered a
factual witness. As to the medical records, the court reminded the parties that all
documents not in the English language need to be translated. A meeting to discuss and
stipulate medical records will be held on March 16, 2020 at 1:30 p.m. in attorney
Guzmán’s office. The Joint Pretrial Conference Report was approved and adopted as
the court’s order under Fed. R. Civ. P. 16(e) to govern subsequent proceedings. The
parties, however, will file a Joint Motion with the stipulations reached – and their
scope – not later than March 20, 2020.
3. Motion for partial judgment filed by PRHO at Docket No. 112: The motion was
DENIED without prejudice, as no reasons were provided to the court as to why partial
judgment should be entered at this point concerning PRHO as the court had ordered at
Docket No. 114.
4. Follow up Conference: The parties will contact the undersigned’s law clerk if
additional court intervention is needed following settlement negotiations with Dr.
Bermúdez. The court will then determine if an additional conference is warranted and
schedule it accordingly.

Alvarez-Colon et al v. Bermúdez-Vera, et al..
Civil No. 17-2288 (PAD)
Minutes of Proceedings
Page 3

SO ORDERED.
In San Juan, Puerto Rico, this 6th day of March, 2020.
s/Pedro A. Delgado-Hernández
PEDRO A. DELGADO-HERNÁNDEZ
U.S. DISTRICT JUDGE