Cortes v. Burset

319 F.R.D. 56, 2016 U.S. Dist. LEXIS 167007, 2016 WL 7030742
CourtDistrict Court, D. Puerto Rico
DecidedOctober 21, 2016
DocketCivil No. 09-1650 (DRD)
StatusPublished
Cited by1 cases

This text of 319 F.R.D. 56 (Cortes v. Burset) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cortes v. Burset, 319 F.R.D. 56, 2016 U.S. Dist. LEXIS 167007, 2016 WL 7030742 (prd 2016).

Opinion

OPINION AND ORDER

DANIEL R. DOMINGUEZ, United States District Judge

Pending before the Court are: (a) plaintiffs’ Motion to Reconsider Opinion and Order and Judgment of Dismissal, Docket No. 151; and, (b) defendants’ Response in Opposition to Motion for Reconsideration, Docket No. 164. For the reasons set forth below, plaintiffs’ motion for reconsideration is denied.

Introduction

This is a political discrimination action which stems from the termination of certain trust employees by the new administration of then recently elected Governor Luis Fortuno-Burset (“Fortuno”), in January 2009. See infra n. 1. The instant case was filed on July 13, 2009, as an action under the Civil Rights Act, 42 U.S.C. § 1983, and was dismissed on December 17, 2012.1 See Opinion and Order, [58]*58Judgment, and related Orders filed under Docket entries No. 144, 145, 146, 148.

Factual and Procedural Background

Plaintiffs are a group of former governmental trust employees of La Fortaleza, the Puerto Rico Governor’s Mansion. All if not most of plaintiffs herein were hired prior to the election held in the year 2008 by the former governors elected in the years 2000 and 2004 by the Popular Democratic Party (“PDP”). The PDP lost the elections in the year 2008, and Fortuno became the new elected governor by the New Progressive Party (“NPP”). During the year 2008, plaintiffs’ employees’ status remained the same, with the only difference that plaintiffs’ salaries were funded by the Salary Incentive Program enacted under Puerto Rico Act No. 52, which expired on December 31, 2008.

Due to the dire economic situation and lack of economic resources during the year 2009, Fortuno was forced to take some harsh legal measures, including declaring Puerto Rico a state of fiscal emergency on January 8, 2009 by Executive Order of the Governor of the Commonwealth of Puerto Rico to Declare a State of Fiscal Emergency and to Implement Initial Measures of Fiscal Control and Economic Reconstruction (“Executive Order No. 2009-001”). The Executive Order No. 2009-001 provided severe measures, amongst them: (a) to cut governmental spending: (b) to freeze all vacant positions; (c) a prohibition to create new positions; (d) the agencies must cut operational costs; and (e) the elimination of trust service positions, “[a]s of this date of this Executive Order, every agency must eliminate thirty percent (30%) of all authorized trust service positions,” with the exception of essential positions, as defined in the Executive Order No, 2009-001, Sections 6th and 7th. (Emphasis ours).

Plaintiffs held trust service positions, and generally their duties included maintenance, cleaning, driving, administrative and secretarial tasks at the Governor’s mansion. Clearly, plaintiffs herein had no policy making tasks. Amongst the defendants were Fortu-no, and his wife Luce Vela, both sued in their official and personal capacities, as Governor and First Lady; Velmarie Berlingeri-Marin, Administrator of La Fortaleza, sued in her official and personal capacity; and, Juan Carlos Blanco, Chief of Staff, also sued in his official and personal capacity.

On or about January 9, 2009, plaintiffs received a termination letter effective the same day. Plaintiffs alleged that they were terminated because the defendants assumed or knew that they were militants of the PDP or an unknown member of the NPP. On July 13, 2009, plaintiffs filed the instant complaint under 42 U.S.C. § 1983 alleging political discrimination and challenging their termination on the grounds of their affiliation to the PDP. The defendants moved for summary judgment on June 6, 2012. See Docket entries No. 98-99. As stated above, the Court granted summary judgment for the defendants on December 17, 2012, and judgment was entered on even date. See Docket entries No. 144 and 145.2

On January 15, 2013, plaintiffs filed a Motion to Reconsider Opinion and Order and Judgment of Dismissal filed under Docket No. 151, after a new elected administration took office, and the newly elected governor is a member of the PDP. The Court granted defendants 14 days to reply, however, the reply was finally filed on May 26, 2016, that is, over three years late,3 Docket No. 164. See [60]*60also Docket entries No. 152, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164.

[59]*5912-17-2012

Docket No. 144

12-17-2012

Docket No. 145

Judgment

12-28-2012

Docket No, 149

Motion for Leave to Withdraw as Attorney of Record (Aldarondo & Lopez-Bras, P.S.C., as to all defendants in their official capacities, and Fortuno, Vela, Berlingeri and Blanco in their personal capacities. The legal representation entered with the Puerto Rico Department of Justice expired on December 31, 2012. Due to an amendment to said contract dated June 30, 2012, the law firm of Aldarondo & Lopez-Bras, will continue representing Fortuno and Vela after the expiration of the contract, but only in their personal capacities.)

12-31-2012

Docket No. 150

Order, granting in part and denying inpart [149 J Motion to Withdraw as Attorney. The extension of time until February 15, 2013 requested by the firm of Aldarondo & Lopez Bras is granted. The Court also notes that the firm of Aldarondo & Lopez Bras will continue representing defendants Fortuno and Vela. The Court further notes feat the firm of Aldarondo & Lopez Bras has duly notified the Puerto Rico Department of Justice the request to withdraw its legal representation as to the other codefendants, and is also requesting the Court to allow said withdrawal The Court denies the withdrawal of counsel as to all the defendants, except Fortuno and Vela, at this stage of the proceedings. The firm of Aldarondo & Lopez Bras shall notify a copy of the motion to withdraw, Docket No. 149, to each defendant, and file a certificate of service within the next three business days after said notice. The Puerto Rico Department of Justice is granted 30 days from January 2, 2013 to appear in representation of the defendants or to appoint a new designated counsel, who does not have a conflict of interest, Thereafter, the firm of Aldarondo & Lopez Bras may renew its motion to withdraw, provided that the Court has appointed new legal representation, as the defendants cannot be deprived of legal representation at this critical stage of the proceedings. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 12/31 /2012,

01-15-2013

Docket No. 151

Plaind/Ti' Motion to Reconsider Opinion and Order and [60]*60Judgment of Dismissal filed by the firm of Landron & Vera, LLP, signed by Eileen Landron Guardiola and Eduardo A, Vera Ramirez, and by Of Counsel Julio C, Alejandro Serrano,

Motion for Reconsideration Standard

Motions for reconsideration are generally considered either under Rules 59 or 60 of the

Related

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Bluebook (online)
319 F.R.D. 56, 2016 U.S. Dist. LEXIS 167007, 2016 WL 7030742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cortes-v-burset-prd-2016.