CASREF

United States District Court District of Puerto Rico (San Juan) CIVIL DOCKET FOR CASE #: 3:09-cv-02280-ADC-BJM
Puerto Rico Land & Fruit, S.E. v. Municipality of Culebra et al Assigned to: Chief Judge Aida M. Delgado-Colon Referred to: US Magistrate Judge Bruce J. McGiverin Demand: $2,500,000 Cause: 28:1331 Federal Question: Other Civil Rights Plaintiff Puerto Rico Land & Fruit, S.E. represented by Fernando E. Agrait-Betancourt Fernando E. Agrait Law Office Centro de Seguros Bldg. Suite 415 701 Ponce de Leon Ave. San Juan, PR 00907 787-725-3390 Fax: 787-724-0353 Email: agraitfe@caribe.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Lourdes I. Morera-Ledon 2900 Carr. 834 Villa Mercedes, Buzon 4025 Guaynabo, PR 00971 787-397-2679 Fax: 1-877-290-1150 Email: lmorera@moreralaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Orlando H. Martinez-Echeverria Orlando H. Martinez Law Office 701 Ponce De Leon Ave. Centro de Seguros Bldg. Suite 413 San Juan, PR 00907 787-722-2378 Fax: 787-724-0353 Email: omartinez@martinezlaw.org ATTORNEY TO BE NOTICED Plaintiff Victor Gonzalez represented by Fernando E. Agrait-Betancourt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 12/23/2009 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

ATTORNEY TO BE NOTICED Lourdes I. Morera-Ledon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Orlando H. Martinez-Echeverria (See above for address) ATTORNEY TO BE NOTICED V. Defendant Municipality of Culebra represented by Carlos E. Geigel PO Box 2461 Manati, PR 00674 787-475-0418 / 587-2027 Fax: 787-854-0856 Email: cacoge@aol.com TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Lugo-Emanuelli Lugo Emanuelli Law Office PO Box 34 Fajardo, PR 00738 787-860-3949 Fax: 787-860-5600 Email: l.lugo@lawlugo.com TERMINATED: 02/12/2013 Defendant Culebra Conservation and Development Authority represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Lugo-Emanuelli (See above for address) TERMINATED: 02/12/2013 Defendant Abraham Pena-Nieves represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Mayor of Culebra In his personal and official capacity represented by Carlos E. Geigel (See above for address)

TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Ricarda Rivera In her personal and official capacity TERMINATED: 08/21/2012 represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Ovidio Ortiz-Ayala In his personal and official capacity TERMINATED: 08/21/2012 represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Ricardo Carrion In his personal and official capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Alexis Ojeda In his personal and official capacity TERMINATED: 08/21/2012 represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Carlos Geigel-Bunker In his personal capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 11/14/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Rivera-Rodriguez Luis Rafael Rivera Law Office Capital Center Bldg. Suite 401 239 Arterial Hostos San Juan, PR 00918 787-763-1780 Fax: (787)763-2145 Email: luiswichyrivera@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Ricardo Carrion In his personal and official capacity represented by Carlos E. Geigel (See above for address)

TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Alexis Ojeda In his personal and official capacity represented by Carlos E. Geigel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Claimant Carlos Geigel-Bunker In his personal capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Claimant Municipality of Culebra represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Lugo-Emanuelli (See above for address) TERMINATED: 02/12/2013 Counter Claimant Culebra Conservation and Development Authority represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Lugo-Emanuelli (See above for address) TERMINATED: 02/12/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Abraham Pena-Nieves represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Claimant Mayor of Culebra In his personal and official capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY

LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Ricarda Rivera In her personal and official capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Claimant Ovidio Ortiz-Ayala In his personal and official capacity represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Counter Defendant Puerto Rico Land & Fruit, S.E. represented by Fernando E. Agrait-Betancourt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lourdes I. Morera-Ledon Centro Internacional de Mercadeo Torre II Suite 403 Guaynabo, PR 00968-8058 787-622-3899 / 397-2679 Fax: 1-877-290-1150 Email: lmorera@moreralaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Municipality of Culebra represented by Carlos E. Geigel (See above for address) TERMINATED: 09/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Luis R. Lugo-Emanuelli (See above for address) TERMINATED: 02/12/2013 V. Counter Defendant Victor Gonzalez Counter Claimant

Abraham Pena-Nieves V. Counter Defendant Victor Gonzalez represented by Fernando E. Agrait-Betancourt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lourdes I. Morera-Ledon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Abraham Pena-Nieves V. Counter Defendant Victor Gonzalez Counter Defendant Puerto Rico Land & Fruit, S.E. Date Filed 02/14/2013 # Docket Text

217 ORDER REFERRING CASE to Magistrate Judge McGiverin for a final settlement conference. Signed by Chief Judge Aida M. Delgado-Colon on 2/14/2013.(wm) (Entered: 02/14/2013) 216 ORDER granting 215 Motion to Withdraw as Attorney. Signed by Chief Judge Aida M. Delgado-Colon on 2/12/2013. (wm) (Entered: 02/12/2013) 215 MOTION to Withdraw Attorney as to Luis R. Lugo-Emanuelli filed by Luis R. Lugo-Emanuelli on behalf of Culebra Conservation and Development Authority, Municipality of Culebra Suggestions in opposition/response due by 2/25/2013 (Lugo-Emanuelli, Luis) (Entered: 02/08/2013) 214 RESPONSE to Motion filed by Carlos Geigel-Bunker Re: 213 MOTION for Setting Settlement Conference filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Carlos Geigel-Bunker. (Rivera-Rodriguez, Luis) (Entered: 02/07/2013) 213 MOTION for Setting Settlement Conference filed by Orlando H. MartinezEcheverria on behalf of All Plaintiffs Suggestions in opposition/response due by 2/22/2013 (Martinez-Echeverria, Orlando) (Entered: 02/06/2013) 212 ORDER re 211 MOTION for Extension of Time until February 6, 2013 to file Settlement Documents Motion In Compliance. Granted as requested. Compliance by 2/6/2013. Signed by Chief Judge Aida M. Delgado-Colon on 1/31/2013.(wm) (Entered: 01/31/2013)

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211 MOTION for Extension of Time until February 6, 2013 to file Settlement Documents, Motion In Compliance filed by Orlando H. Martinez-Echeverria on behalf of Carlos Geigel-Bunker, Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 2/15/2013 (Martinez-Echeverria, Orlando) (Entered: 01/30/2013) 210 ORDER noted 209 INFORMATIVE motion. Parties are ordered to submit settlement agreement by January 31, 2013. Failure to submit settlement documents will result in this court's consideration of the pending motions and merits of the case, including the setting of trial dates. Signed by Chief Judge Aida M. DelgadoColon on 1/17/2012. (wm) (Entered: 01/17/2013) 209 INFORMATIVE Motion filed by Luis R. Rivera-Rodriguez on behalf of Carlos Geigel-Bunker Suggestions in opposition/response due by 1/31/2013 (RiveraRodriguez, Luis) (Entered: 01/15/2013) 208 ORDER Noted 207 INFORMATIVE motion. The parties are ordered to submit the settlement agreement or update the Court of the status of the settlement discussions on or before 12/28/2012. Advise Court of Settlement Deadline due by 12/28/2012. Signed by Chief Judge Aida M. Delgado-Colon on 12/18/2012. (sr) (Entered: 12/18/2012) 207 INFORMATIVE Motion filed by Luis R. Rivera-Rodriguez on behalf of Carlos Geigel-Bunker Suggestions in opposition/response due by 1/2/2013 (RiveraRodriguez, Luis) (Entered: 12/14/2012) 206 ORDER. This case is nearing its three year anniversary. Plaintiffs have already settled with the defendants, with the exception of Geigel. ECF Nos. 182, 193, 195. Geigel now appears willing to settle this case. As such, the parties are ORDERED to appear before this Court on December 3, 2012, at 2:00 P.M. for a settlement conference. Settlement Conference is set for 12/3/2012 at 2:00 PM in ADC's Chambers before Chief Judge Aida M. Delgado-Colon. Signed by Chief Judge Aida M. Delgado-Colon on 11/29/2012.(wm) (Entered: 11/29/2012) 205 ORDER re 203 Motion to Withdraw. Granted in light of Luis R. RiveraRodriguez's appearance on defendnat's behalf. ECF No. 204. Clerk of Court is to note accordingly. Signed by Chief Judge Aida M. Delgado-Colon on 11/13/2012. (wm) (Entered: 11/13/2012) 204 NOTICE of Appearance by Luis R. Rivera-Rodriguez on behalf of Carlos GeigelBunker (Rivera-Rodriguez, Luis) (Main Document 204 replaced on 11/15/2012) (ov). (Entered: 11/09/2012) 203 MOTION to Withdraw filed by Carlos E. Geigel on behalf of Carlos GeigelBunker Suggestions in opposition/response due by 11/29/2012 (Geigel, Carlos) (Entered: 11/09/2012) 202 RESPONSE to Motion for reconsideration filed by Carlos Geigel-Bunker Re: 201 Motion In Compliance with Order to Show Cause MOTION for Reconsideration re 200 Opinion and Order (Geigel, Carlos) Modified on 11/1/2012 to eliminate repetitive text(ov). (Entered: 10/28/2012) 201 Motion In Compliance with Order to Show Cause, MOTION for Reconsideration re 200 Opinion and Order filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by 11/5/2012 (Attachments: # 1 Exhibit Exhibit 1 Certification Depo Transcript Carlos Geigel, # 2 Exhibit Exhibit 2 Certification Depo Transcript Ricarda Rivera, # 3 Exhibit Exhibit 3 Certification Depo Transcript Nayor Abraham Pea (RIP), # 4 Exhibit Exhibit 4

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Certification Depo Transcript Nayor Abraham Pea (RIP), # 4 Exhibit Exhibit 4 Certification Depo Transcript Dolly Camareno, # 5 Exhibit Exhibbit 5 Sworn Delaration Javier Ra)(Related document(s) 200 ) (Martinez-Echeverria, Orlando) (Entered: 10/19/2012) 09/30/2012 Motions terminated: 162 MOTION for Summary Judgment in favor of Plaintiffs filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Signed by Chief Judge Aida M. Delgado-Colon on 9/30/2012.(wm) (Entered: 10/01/2012) 200 OPINION AND ORDER re 162 MOTION for Summary Judgment in favor of Plaintiffs. DENIED. Signed by Chief Judge Aida M. Delgado-Colon on 9/30/2012. (wm) (Entered: 10/01/2012) 199 OPINION AND ORDER re 165 MOTION to dismiss for lack of standing as to All Plaintiffs MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTION for Summary Judgment on Counterclaim. plaintiffs' motion to dismiss counterclaim (ECF No. 165) is GRANTED and defendants' counterclaim (ECF No. 67) for compensatory and punitive damages for plaintiffs' alleged violation of Law 66 and Municipal Law 17 is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Aida M. Delgado-Colon on 9/27/2012.(wm) (Entered: 09/27/2012) 198 ORDER re 174 Motion to Strike Defendants' Verified State of Material Facts. Granted in Part and Denied in Part. Signed by Chief Judge Aida M. Delgado-Colon on 9/25/2012. (wm) (Entered: 09/25/2012) 197 MOTION Submitting Translations re: 187 Motion In Compliance with Order (Dkt 183) and Order to Show Cause (Dkt 186) Motion In Compliance with Order (Dkt 183) and Order to Show Cause (Dkt 186) filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E., 188 MOTION for Leave to File Spanish language documents filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by 9/24/2012 (Attachments: # 1 Translations)(Related document(s) 187 , 188 ) (Martinez-Echeverria, Orlando) (Entered: 09/07/2012) 196 ORDER noted 195 Motion In Compliance. In view of plaintiff's representations, the claims as to defendant Abraham Pena-Nieves in his personal capacity are dismissed with prejudice. Additionally, the claims as to Ricardo Lopez-Cepero, the current Mayor of Culebra who was substituted for Abraham Pena-Nieves in his official capacity, are dismissed with prejudice. Signed by Chief Judge Aida M. Delgado-Colon on 8/29/2012. (wm) (Entered: 08/30/2012) 195 Motion In Compliance filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by 9/13/2012 (MartinezEcheverria, Orlando) (Entered: 08/27/2012) 194 ORDER TO SHOW CAUSE. Plaintiffs are ORDERED to show cause on or before August 24, 2012, as to why the claims asserted against Cepero should not be dismissed in view of the parties settlement agreement at ECF No. 182 at Exh. 1. Show Cause Response due by 8/24/2012. Signed by Chief Judge Aida M. Delgado-Colon on 8/21/2012.(wm) (Entered: 08/21/2012) 193 ORDER re 192 MOTION to dismiss; Motion In Compliance; MOTION for Judgment; MOTION requesting Order. Noted. Plaintiffs claims against defendnats Ricarda Rivera, Ovidio Ortiz Ayala, Alexis Ojeda & Enrique Carrion are hereby dismissed with prejudice. The Court retains jurisdiction as to any disputes regards terms of settlement. Signed by Chief Judge Aida M. Delgado-Colon on 8/21/2012. (wm) (Entered: 08/21/2012) 192 MOTION to Dismiss as to Ricarda Rivera, Ovidio Ortiz Ayala, and Alexis Ojeda

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192 MOTION to Dismiss as to Ricarda Rivera, Ovidio Ortiz Ayala, and Alexis Ojeda and Enrique Carrion by Victor Gonzalez, Puerto Rico Land & Fruit, S.E.. (Attachments: # 1 Exhibit Sworn Declaration Enrique Carrion) (MartinezEcheverria, Orlando) Modified on 8/20/2012 to correct title (ov). Added, Motion In Compliance with Court Order, MOTION for Consent Judgment, MOTION requesting Order to grant motion for summary judgment, on 8/20/2012 (ov). (Entered: 08/17/2012) 191 ORDER granting 188 Motion for Leave to File Spanish language documents. Translations to be filed on or before 8/24/2012. Signed by Chief Judge Aida M. Delgado-Colon on 8/7/2012. (wm) (Entered: 08/07/2012) 190 ORDER noted 187 Motion In Compliance. Plaintiffs are to file a motion to dismiss as to co-defendants Rivera, Ayala and Ojeda on or before 8/17/2012. Plaintiffs are to inform court as to the status of settlement negotiations with Carrion on or before 8/17/2012. Signed by Chief Judge Aida M. Delgado-Colon on 8/7/2012. (wm) (Entered: 08/07/2012) 189 RESPONSE to Motion filed by Carlos Geigel-Bunker Re: 187 Motion In Compliance with Order (Dkt 183) and Order to Show Cause (Dkt 186) filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Carlos Geigel-Bunker. (Geigel, Carlos) Modified on 8/6/2012 to eliminate repetititve text (ov). (Entered: 08/03/2012) 188 MOTION for Leave to File Spanish language documents filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs (Martinez-Echeverria, Orlando) (Entered: 08/01/2012) 187 Motion In Compliance with Order (Dkt 183) and Order to Show Cause (Dkt 186) filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs (Attachments: # 1 Exhibit Swiorn declarations Ricarda Rivera, Ovidio Ortiz, Alexis Ojeda) (Martinez-Echeverria, Orlando) (Entered: 08/01/2012) 186 ORDER TO SHOW CAUSE. Plaintiffs Victor Gonzalez and Puerto Rico Land & Fruit, S.E. were ordered to inform the Court as to the status of settlement negotiations with the remaining defendants in the case on or before 7/31/2012. Given their noncompliance with Court orders, plaintiffs are ORDERED to show cause in writing on or before 8/6/2012, as to why monetary sanctions should not be imposed. Failure to comply may result in additional sanctions. Show Cause Response due by 8/6/2012. Signed by Chief Judge Aida M. Delgado-Colon on 8/1/2012.(wm) (Entered: 08/01/2012) 185 ORDER TO SHOW CAUSE. Co-defendants Ricarda Rivera, Ovidio Ortiz, Ricardo Carrion and Alexis Ojeda must show cause, in writing and within the next five (5) days, as to why sanctions shall not be imposed, and shall also notify the Court of their new legal representation on or before August 7, 2012. Failure to comply with the Court's order may result in additional sanctions. Show Cause Response due by 8/7/2012. Signed by Chief Judge Aida M. Delgado-Colon on 7/30/2012.(wm) (Entered: 08/01/2012) 184 ORDER noted 181 Motion submitting. Signed by Chief Judge Aida M. DelgadoColon on 7/16/2012. (wm) (Entered: 07/16/2012) 183 ORDER re 182 MOTION Submitting MOTION for Judgment. Granted. Complaint is dismissed with prejudice as to defendants Municipality of Culebra & Culebra Conservation & Development Authority. Plaintiffs are to inform the Court as to the status of settlement negotiations with the remaining defendants on or before 7/31/2012. Signed by Chief Judge Aida M. Delgado-Colon on 7/11/2012.(wm)

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(Entered: 07/12/2012) 182 ***SELECTED PARTIES***MOTION Submitting Settlement Agreement Between Plaintiffs, Municiality of Culebra and ACDEC by Victor Gonzalez, Puerto Rico Land & Fruit, S.E., Municipality of Culebra, Culebra Conservation and Development Authority. (Attachments: # 1 Settlement Agreement) (MartinezEcheverria, Orlando) Modified on 6/7/2012 to correct title (ov). Added MOTION for Entry of Consent Judgment on 6/7/2012 (ov). (Entered: 06/06/2012) 181 MOTION Submitting Certified Translations re 163 Statement filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 3 to Statement, # 2 Exhibit 4 to Statement, # 3 Exhibit 5 to Statement)(Related document(s) 166 , 177 , 163 , 179 ) (Morera-Ledon, Lourdes) Modified on 2/27/2012 to edit text (ov). (Entered: 02/24/2012) 180 REPLY to Response to Motion filed by All Plaintiffs Re: 162 MOTION for Summary Judgment in favor of Plaintiffs filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by All Plaintiffs. (Martinez-Echeverria, Orlando) Modified on 2/21/2012 to edit text and relationship(ov). (Entered: 02/17/2012) 179 ORDER granting 177 Motion for extension of time. Pending translations due 2/24/2012. No further extensions will be granted. Signed by Chief Judge Aida M. Delgado-Colon on 2/13/2012. (wm) (Entered: 02/13/2012) 178 ORDER granting 176 MOTION for Extension of Time until 2-17-2012 to File Response/Reply as to 168 Response in Opposition to Motion Reply due by 2/17/2012. No further extensions will be granted. Signed by Chief Judge Aida M. Delgado-Colon on 2/13/2012. (wm) (Entered: 02/13/2012) 177 MOTION for extension of time until 2-24-2012 to to submit additional translations filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions in opposition/response due by 3/1/2012 (Attachments: # 1 Exhibit 13 to Plaintiffs' Statement, # 2 Exhibit 14 to Plaintiffs' Statement, # 3 Exhibit 22 to Plaintiffs' Statement, # 4 Exhibit 24 to Plaintiffs' Statement, # 5 Exhibit 25 to Plaintiffs' Statement, # 6 Exhibit 28 to Plaintiffs' Statement, # 7 Exhibit 29 to Plaintiffs' Statement, # 8 Exhibit 30 to Plaintiffs' Statement, # 9 Exhibit 31 to Plaintiffs' Statement, # 10 Exhibit 32 to Plaintiffs' Statement, # 11 Exhibit 39 to Plaintiffs' Statement)(Morera-Ledon, Lourdes) (Entered: 02/13/2012) NOTICE of Docket Text Modification by Deputy Clerk re: 175 MOTION to Strike. ***ENTRY MODIFIED TO READ: MEMORANDUM IN OPPOSITION re: 171 OBJECTION, filed by Plaintiffs, etc. *** (ov) Modified on 2/13/2012 to edit text (ov). (Entered: 02/13/2012) 176 MOTION for Extension of Time until 2-17-2012 to File Response/Reply as to 168 Response in Opposition to Motion, filed by Ovidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, Ricarda Rivera, 169 Memorandum in Opposition to Motion, filed by Ovidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, Ricarda Rivera filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions in opposition/response due by 2/27/2012 (Related document(s) 168 , 169 ) (Morera-Ledon, Lourdes) (Entered: 02/10/2012) 175 MEMORANDUM in Opposition Re: 171 Response in Support of Motion, filed by Ovidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, Ricarda Rivera filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/27/2012 (Related document(s) 171 ) (Morera-Ledon, Lourdes) Modified on 2/13/2012 to correct title (ov). (Entered: 02/10/2012)

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Lourdes) Modified on 2/13/2012 to correct title (ov). (Entered: 02/10/2012) 02/10/2012 174 MOTION to Strike Re: 170 STATEMENT OF MATERIAL FACTS filed by Ovidio Ortiz-Ayala, Alexis Ojeda, Ricardo Carrion, Carlos Geigel-Bunker, Ricarda Rivera filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions in opposition/response due by 2/27/2012 (Attachments: # 1 Exhibit A-Ricarda Rivera Deposition)(Related document(s) 170 ) (Morera-Ledon, Lourdes) Modified on 2/13/2012 to edit entry (ov). (Entered: 02/10/2012) 173 ORDER Granted re 172 Motion for Leave to File. Reply due by 2/10/2012. Signed by Chief Judge Aida M. Delgado-Colon on 2/6/2012. (sr) (Entered: 02/06/2012) 172 MOTION for Leave to File Document (Reply/Opposition to Dockets Nos. 168-171) filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs Suggestions in opposition/response due by 2/16/2012 (Morera-Ledon, Lourdes) (Entered: 01/30/2012) 171 OBJECTION re: 163 STATEMENT of Uncontested Facts filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E., filed by Ricardo Carrion, Carlos GeigelBunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera (Geigel, Carlos) Modified on 1/24/2012 to correct title (ov). (Entered: 01/23/2012) 170 STATEMENT OF MATERIAL FACTS filed by Ricardo Carrion, Carlos GeigelBunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera re: 168 RESPONSE in Opposition to Motion, filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162 MOTION for Summary Judgment filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera. (Geigel, Carlos) Modified on 1/24/2012 to correct title.(ov) Modified on 1/24/2012 to correct title and add relationship(ov). (Entered: 01/23/2012) 169 Memorandum of Law in Support of Summary Judgment filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162 MOTION for Summary Judgment in favor of Plaintiffs filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera. (Geigel, Carlos) Modified on 1/24/2012 to correct title (ov). (Entered: 01/23/2012) 168 RESPONSE in Opposition to Motion filed by Ricardo Carrion, Carlos GeigelBunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera Re: 162 MOTION for Summary Judgment filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Ricardo Carrion, Carlos Geigel-Bunker, Alexis Ojeda, Ovidio Ortiz-Ayala, Ricarda Rivera. (Geigel, Carlos) Modified on 1/24/2012 to edit text(ov). (Entered: 01/23/2012) 167 ORDER re 166 MOTION for Leave to File Spanish language documents and for Extension of Time. Granted. Translations to be filed on or before 2/13/2012. Signed by Chief Judge Aida M. Delgado-Colon on 1/19/2012.(wm) (Entered: 01/19/2012) 166 MOTION for Leave to File Spanish language documents filed together with Dockets 163, 164 & 165 filed by Lourdes I. Morera-Ledon on behalf of All Plaintiffs (Morera-Ledon, Lourdes). Added on 1/17/2012, MOTION for Extension of Time for 30 days to file translations (ov). (Entered: 01/13/2012) 165 MOTION to dismiss Counterclaimfor lack of standing as to All Plaintiffs ( Suggestions in opposition/response due by 1/30/2012), MOTION to Dismiss/Lack of Jurisdiction, Counterclaim as to All Plaintiffs ( Suggestions in opposition/response due by 1/30/2012), MOTION for Summary Judgment on

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opposition/response due by 1/30/2012), MOTION for Summary Judgment on Counterclaim ( Suggestions in Opposition to Summary Judgment due by 1/30/2012.) filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs (Attachments: # 1 Ex. 1)(Martinez-Echeverria, Orlando) Modified on 1/17/2012 to add text (ov). (Entered: 01/13/2012) 164 NOTICE of Filing Exhibits by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 21-CCDA Order February 4, 2010, # 2 Exhibit 2-Order for Stay DNER, # 3 Exhibit 23-Letter Areces March 17, 2010, # 4 Exhibit 24Letter CCDA February 24, 2010, # 5 Exhibit 25-CCDA Order 2-19-2010, # 6 Exhibit 26-Administrative Judge Order Feb. 18, # 7 Exhibit 27-Administrative Judge Order Jan. 29, 2010, # 8 Exhibit 28-Administrative Judge Order February 24, 2010, # 9 Exhibit 29-Administrative Judge ORder March 12, 2010, # 10 Exhibit 30- Letter to CCDA March 1, 2010, # 11 Exhibit 31-Administrative Judge Order March 19, 2010, # 12 Exhibit 32-CCDA Order March 19, 2010, # 13 Exhibit 33-Declaration Victor Gonzalez March 19, 2010, # 14 Exhibit 34-Letter Areces March 22, 2010, # 15 Exhibit 35-CCDA Order May 13, 2010, # 16 Exhibit 36Sworn Statement Ramon Burgos, # 17 Exhibit 37-CCDA ORder July 2, 2010, # 18 Exhibit 38-Objection to July 2, 2010 Order, # 19 Exhibit 39-Resolution August 20, 2010) (Morera-Ledon, Lourdes) (Entered: 01/13/2012) 163 STATEMENT Of Uncontested Facts filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. re: 162 MOTION for Summary Judgment in favor of Plaintiffs filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E.. (Attachments: # 1 Exhibit 1Declaration Victor Gonzalez, # 2 Exhibit 2-Deposition Geigel, # 3 Exhibit 3Deposition Ricarda Rivera, # 4 Exhibit 4-Deposition Mayor, # 5 Exhibit 5Deposition Dolly Camareno, # 6 Exhibit 6-Deed of Purchase, # 7 Exhibit 7Memorandum of Understanding with USFWS, # 8 Exhibit 8-Endorsement, # 9 Exhibit 9-Cooperative Agreement with USFWS, # 10 Exhibit 10-Agreement with DNER, # 11 Exhibit 11-Email VG Notice Reforestation, # 12 Exhibit 12-CCDA Order December 22, 2009, # 13 Exhibit 13-Resolution DNER Administrative Complaint, # 14 Exhibit 14-Letter DNER to USFWS, # 15 Exhibit 15-Letter USFWS to DNER, # 16 Exhibit 16-Letter Areces January 26, 2010, # 17 Exhibit 17-Sworn Statement Areces, # 18 Exhibit 18-Letter to CCDA January 8, 2010, # 19 Exhibit 19-Motion for Sanctions, # 20 Exhibit 20-Complaint Expropiation) (Morera-Ledon, Lourdes) (Main Document 163 replaced on 1/17/2012) (ov). (Entered: 01/13/2012) 162 MOTION for Summary Judgment with Memorandum in Support thereof, filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs. Suggestions in Opposition to Summary Judgment due by 1/30/2012. (Martinez-Echeverria, Orlando) Modified on 1/17/2012 to add text (ov). (Entered: 01/13/2012) 161 ORDER granting as requested 160 Motion for extension of time. Signed by US Magistrate Judge Bruce J. McGiverin on 12/29/2011. (jm) (Entered: 12/29/2011) 160 MOTION for extension of time until January 13, 2012 to complete settlement/file dispositive motions filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by 1/13/2012 (MartinezEcheverria, Orlando) (Entered: 12/28/2011) 159 ORDER granting 156 Motion for Leave to Appear ; granting in part 156 Motion for extension of time; denying 156 Motion requesting Order. The term to complete discovery is extended to 12/2/11. The deadline to file dispositive motions is extended to 12/30/11. THESE DEADLINES ARE FINAL. All other requests are denied. Signed by US Magistrate Judge Bruce J. McGiverin on October 13, 2011. (McGiverin, Bruce) (Entered: 10/13/2011)

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(McGiverin, Bruce) (Entered: 10/13/2011) 10/13/2011 10/12/2011 158 ORDER noted 155 Motion In Compliance. Signed by US Magistrate Judge Bruce J. McGiverin on October 13, 2011. (McGiverin, Bruce) (Entered: 10/13/2011) 157 RESPONSE in Opposition to Motion Requesting Order filed by All Plaintiffs Re: 156 MOTION for Leave to Appear MOTION for extension of time until November 10, 2011 to determining the remaining discovery MOTION requesting Order to order all other counsel and/or parties that within the next 10 days produce documents filed by Municipality of Culebra, Culebra Conservation and Development Authority filed by All Plaintiffs. (Martinez-Echeverria, Orlando) (Entered: 10/12/2011) 156 MOTION for Leave to Appear ( Suggestions in opposition/response due by 10/27/2011), MOTION for extension of time until November 10, 2011 to determining the remaining discovery, MOTION requesting Order to order all other counsel and/or parties that within the next 10 days produce documents filed by Luis R. Lugo-Emanuelli on behalf of Culebra Conservation and Development Authority, Municipality of Culebra (Lugo-Emanuelli, Luis) (Entered: 10/10/2011) 155 Motion In Compliance with Court's Order filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Attachments: # 1 Exhibit Certificate of Service)(Geigel, Carlos) (Entered: 09/12/2011) 154 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin:Settlement Conference held on 9/9/2011. The court discussed settlement with appearing counsel. Settlement and discovery are stalled because defendant Municipality has not retained a new attorney or renewed the contract of its present attorney, Mr. Geigel. Attorney Geigel is therefore granted leave to withdraw as counsel for the Municipality, its mayor, ACDEC, and the defendant officials of these entities. He will continue to represent himself. The Municipality, ACDEC, and related defendants are granted until 10/10/11 for new counsel to appear. Failure to comply with this deadline may result in entry of default. All remaining discovery shall be completed by 11/10/11. Dispositive motions shall be filed by 12/9/11. No extensions to these deadlines will be granted. Attorney Geigel shall notify this order to his former clients and shall file a certificate of service. So ordered. (McGiverin, Bruce) (Entered: 09/09/2011) 153 ORDER denying 150 Motion for Reconsideration. Defendant failed to raise his allegations at the proper time in order to oppose plaintiffs' statements regarding Magistrate Judge McGiverin's rulings during the 7/8/2011 conference. The court shall not reconsider its previous imposition of sanctions based on defendant's untimely assertions, particularly as defendant failed to appear for his deposition on the date which he requested because he was on vacation outside of Puerto Rico. Signed by Chief Judge Aida M. Delgado-Colon on 8/10/2011. (wm) (Entered: 08/11/2011) 152 REPLY to Response to Motion for Reconsideration on Sanctions filed by Carlos Geigel-Bunker Re: 150 MOTION for Reconsideration on Sanctions re 149 Order, filed by Carlos Geigel-Bunker filed by Carlos Geigel-Bunker. (Geigel, Carlos) (Entered: 08/10/2011) 151 RESPONSE in Opposition to Motion for Reconsideration of Sanctions filed by All Plaintiffs Re: 150 MOTION for Reconsideration on Sanctions re 149 Order, filed by Carlos Geigel-Bunker filed by All Plaintiffs. (Martinez-Echeverria, Orlando) (Entered: 08/10/2011) 150 MOTION for Reconsideration on Sanctions re 149 Order, filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker Suggestions in opposition/response due by

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on behalf of Carlos Geigel-Bunker Suggestions in opposition/response due by 8/26/2011 (Related document(s) 149 ) (Geigel, Carlos) (Entered: 08/10/2011) 08/08/2011 149 ORDER. Plaintiffs' motion for sanctions (ECF No. 147) is GRANTED IN PART. Defendant shall reimburse plaintiffs $135.00 for services rendered by the court reporter, as well as $475.00 in attorneys fees. Further, defendant's counter-request for sanctions (ECF No. 148) is DENIED. Signed by Chief Judge Aida M. DelgadoColon on 8/8/2011.(wm) (Entered: 08/08/2011) 148 RESPONSE to Motion for Sanctions filed by Carlos Geigel-Bunker Re: 147 MOTION for Sanctions as to Carlos Geigel-Bunker filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Carlos Geigel-Bunker. (Geigel, Carlos) (Entered: 08/02/2011) 147 MOTION for Sanctions as to Carlos Geigel-Bunker filed by Orlando H. MartinezEcheverria on behalf of All Plaintiffs Suggestions in opposition/response due by 8/12/2011 (Attachments: # 1 Exhibit 1 e-mail of July 8 2008, # 2 Exhibit 2 Transcript Non-Appearance)(Martinez-Echeverria, Orlando) NOTE: SEE DKT 146. (Entered: 07/27/2011) NOTICE of Docket Text Modification by Deputy Clerk re: 146 MOTION for Sanctions as to Carlos Geigel-Bunker. ***DEFECTIVE FILING - CAPTION INCOMPLETE*** (ov) (Entered: 07/27/2011) 146 ***DEFECTIVE FILING - CAPTION INCOMPLETE*** MOTION for Sanctions as to Carlos Geigel-Bunker filed by Orlando H. Martinez-Echeverria on behalf of All Plaintiffs Suggestions in opposition/response due by 8/11/2011 (Attachments: # 1 Exhibit 1 e-mail July 8 confirmation of Deposition, # 2 Exhibit 2 Transcript Non Appearance Deposition)(Martinez-Echeverria, Orlando) Modified on 7/27/2011 (ov). (Entered: 07/26/2011) 145 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Settlement Conference held on 7/8/2011. The parties have continued to discuss possible solutions to this case. However, the Municipality has not finalized its appointment of new legal representation, but should do so shortly, and which point Attorney Geigel will file a motion for leave to withdraw. Discovery continues. Further settlement conference is set before the undersigned for 9/9/11 at 3:00 p.m. If no settlement results at that conference, the court will establish short deadlines for concluding discovery and filing dispositive motions. (McGiverin, Bruce) (Entered: 07/08/2011) 144 ORDER noted 143 INFORMATIVE motion. Signed by Chief Judge Aida M. Delgado-Colon on 7/5/2011. (wm) (Entered: 07/05/2011) 143 INFORMATIVE Motion regarding Deposition of Carlos Geigel Bunker filed by Fernando E. Agrait-Betancourt on behalf of All Plaintiffs (Attachments: # 1 Exhibit E-mail June 22 Confirmation Depo July 5, # 2 Exhibit E-mail July 1 Confirmation Depo July 5, # 3 Exhibit E-mail July 5 Confirmation Depo July 11) (Agrait-Betancourt, Fernando) (Entered: 07/05/2011) 142 NOTICE of Deposition by All Plaintiffs (Martinez-Echeverria, Orlando) (Entered: 07/01/2011) 141 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin:Settlement Conference held on 6/1/2011. The parties have exchanged settlement proposals, but no agreement has been reached. Attorney Geigel informed that he is no longer under contract as the Municipality's attorney. The parties inform that a new attorney for the Municipality likely will appear shortly

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parties inform that a new attorney for the Municipality likely will appear shortly after the end of the current fiscal year (June 30). Attorney Geigel will continue to represent himself in his personal capacity. Further settlement/status conference is set before the undersigned for July 8, 2011 at 3:00 p.m. (McGiverin, Bruce) (Entered: 06/01/2011) 06/01/2011 140 ORDER finding as moot 138 Motion for extension of time. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2011. (McGiverin, Bruce) (Entered: 06/01/2011) 139 ORDER 137 Motion to Withdraw as Attorney. Denied at this juncture. Counsel shall appear prepared for the scheduling and status conference set for June 1, 2011 before a Magistrate Judge. Defendant shall strive to have substitute counsel by then. Signed by Chief Judge Aida M. Delgado-Colon on 5/25/2011. (wm) (Entered: 05/25/2011) 138 MOTION for extension of time until May 16, 2011 to Serve Settlement Demand filed by Fernando E. Agrait-Betancourt on behalf of All Plaintiffs Suggestions in opposition/response due by 5/31/2011 (Agrait-Betancourt, Fernando) (Main Document 138 replaced on 5/13/2011) (ov). (Entered: 05/12/2011) 137 MOTION to Withdraw Attorney as to Carlos E. Geigel filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Geigel, Carlos) (Entered: 05/12/2011) 136 ORDER: Settlement Conference is set for 6/1/2011 at 3:00 PM in BJM's Chambers before US Magistrate Judge Bruce J. McGiverin. Signed by US Magistrate Judge Bruce J. McGiverin on 5/11/2011.(yo) (Entered: 05/11/2011) 135 OPINION AND ORDER re defendants' motion to dismiss filed at Docket Nos. 116-118 are Granted in Part and Denied in Part. Signed by Judge Aida M. Delgado-Colon on 3/31/2011.(sr) (Entered: 04/04/2011) 134 ORDER noted 133 Notice (Other) filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Signed by Judge Aida M. Delgado-Colon on 3/24/2011.(wm) (Entered: 03/24/2011) 133 NOTICE of Taking of Deposition to Defendant Abraham Pena, Mayor of Culebra by All Plaintiffs (Martinez-Echeverria, Orlando) (Entered: 03/18/2011) 132 ORDER re 129 First INFORMATIVE Motion regarding Department of Natural Resources Legal OpinionFirst Motion In Compliance with Court order. Noted. Opinion and Order to follow. Signed by Judge Aida M. Delgado-Colon on 2/15/2011.(wm) (Entered: 02/16/2011) 131 ORDER re 126 Motion for Reconsideration. Denied. This court's adoption of the R&R on 9/30/2010 renders the requested relief moot. Signed by Judge Aida M. Delgado-Colon on 10/15/2010. (wm) (Entered: 10/18/2010) 130 OPINION AND ORDER re 17 Motion for Preliminary Injunction. The court hereby ADOPTS the R & R in full (Docket 80). Plaintiff's Motion for Preliminary Injunction (Docket No. 17) is GRANTED. Signed by Judge Aida M. DelgadoColon on 9/30/2010.(wm) (Entered: 10/01/2010) 129 First INFORMATIVE Motion regarding Department of Natural Resources Legal Opinion, First Motion In Compliance with Court order of 09-07-2010 filed by Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos) (Entered: 09/20/2010) 128 ORDER re 104 Motion for TRO***MOOT****; 105 Motion to Remand to State Court***MOOT***; 106 Motion to Strike ***DENIED****; 107 Motion for

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Court***MOOT***; 106 Motion to Strike ***DENIED****; 107 Motion for Leave to File Spanish language documents***MOOT***; 111 Motion to Amend/Correct***GRANTED IN PART***; 115 Motion for TRO***MOOT****; 119 Motion for extension of time***MOOT***; 127 Motion for Leave to File Spanish language documents***GRANTED IN PART***. Signed by Judge Aida M. Delgado-Colon on 9/2/2010. (wm) (Entered: 09/07/2010) 09/01/2010 127 MOTION for Leave to File Spanish language documents with Docket No. 126 filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 09/01/2010) 126 MOTION for Reconsideration re 124 Order on Motion requesting Order filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 9/17/2010 (Attachments: # 1 Exhibit 1 CCDA Order of July 2, 2010, # 2 Exhibit 2 - Plaintiffs Opposition of July 16 to CCDA Order, # 3 Exhibit CCDA Resolution)(Related document(s) 124 ) (Morera-Ledon, Lourdes) (Entered: 09/01/2010) 125 ORDER noted 123 Motion submitting. Signed by Judge Aida M. Delgado-Colon on 8/27/2010. (wm) (Entered: 08/30/2010) 124 ORDER re 114 Motion requesting Order. DENIED. Signed by Judge Aida M. Delgado-Colon on 8/26/2010. (wm) (Entered: 08/26/2010) 123 MOTION Submitting Certified Translations re: 106 MOTION to Strike Re: 104 First MOTION for Temporary Restraining Order for removal of illegal blockages filed by Culebra Conservation and Development Authority, 105 First MOTION to Remand to State Court, (Attachments: # 1 Exhibit 1 TO DOCKET 106)(Related document(s) 106 , 107 ) (Morera-Ledon, Lourdes) Modified on 9/3/2010 to eliminate repetitive text (ov). (Entered: 08/26/2010) 122 ORDER re 121 Motion for Leave to File Spanish language documents. Granted. Translations to be filed on or before 9/23/2010. No further extensions will be granted. Signed by Judge Aida M. Delgado-Colon on 8/24/2010. (wm) (Entered: 08/24/2010) 121 MOTION for Leave to File Spanish language documents filed by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) (Entered: 08/23/2010) 120 RESPONSE in Opposition to Motion Second Motion To Dismiss filed by All Plaintiffs Re: 118 MOTION to dismiss Memorandum of Law as to All Defendants filed by Municipality of Culebra, 116 MOTION to dismiss SECOND as to All Defendants filed by Municipality of Culebra filed by All Plaintiffs. (Attachments: # 1 Addendum 1, # 2 Addendum2, # 3 Addendum3)(Martinez-Echeverria, Orlando) (Entered: 08/23/2010) 119 MOTION for extension of time until Augusat 23 to Oppose/Respond to Second Motion To Dismiss filed by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 9/7/2010 (Martinez-Echeverria, Orlando) (Entered: 08/19/2010) 118 MOTION to dismiss Memorandum of Law as to All Defendants filed by Carlos E. Geigel on behalf of Municipality of Culebra Suggestions in opposition/response due by 8/19/2010 (Geigel, Carlos) (Entered: 08/03/2010) 117 MOTION to dismiss Statement of Material Facts as to All Defendants filed by Carlos E. Geigel on behalf of Culebra Conservation and Development Authority

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Carlos E. Geigel on behalf of Culebra Conservation and Development Authority Suggestions in opposition/response due by 8/19/2010 (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Geigel, Carlos) (Entered: 08/03/2010) 116 MOTION to dismiss SECOND as to All Defendants filed by Carlos E. Geigel on behalf of Municipality of Culebra Suggestions in opposition/response due by 8/19/2010 (Geigel, Carlos) (Entered: 08/03/2010) 115 Urgent MOTION for Temporary Restraining Order with Memo of Law in support filed by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) Modified on 8/2/2010 to edit text in caps (ov). (Entered: 07/30/2010) 114 Emergency MOTION requesting Order and/or Remedy filed by Lourdes I. MoreraLedon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (MoreraLedon, Lourdes) (Entered: 07/28/2010) 113 ORDER denying without prejudice 13 Motion to Dismiss. See Order entered at Docket No. 112. Signed by US Magistrate Judge Bruce J. McGiverin on July 27, 2010. (McGiverin, Bruce) (Entered: 07/27/2010) 112 ORDER granting 55 Motion for Leave to File. The court notes that defendants already have filed an answer to the amended complaint at Docket No. 67. Given the court's acceptance of the amended complaint, defendants' motion to dismiss the original complaint as unripe (Docket No. 13) is DENIED AS MOOT, but without prejudice to re-asserting these arguments insofar as they may be applicable to the allegations in the amended complaint. Accordingly, any motion to dismiss the amended complaint as unripe must be filed not later than August 10, 2010. Signed by US Magistrate Judge Bruce J. McGiverin on July 27, 2010. (McGiverin, Bruce) (Entered: 07/27/2010) 111 MOTION to Amend/Correct Re: 104 First MOTION for Temporary Restraining Order for removal of illegal blockages filed by Culebra Conservation and Development Authority, 105 First MOTION to Remand to State Court to Determine Administrative Procedures before ACDECSecond MOTION for Temporary Restraining Order to plaintiffs to restrain from building obstacles to beaches of Culebra until all state legal procedures are extinguished. filed by Culebra Conservation and Development Authority filed by Carlos E. Geigel on behalf of Culebra Conservation and Development Authority. Suggestions in opposition/response due by 8/12/2010 (Geigel, Carlos) Modified on 7/27/2010 to add links(ov). (Entered: 07/26/2010) 110 ORDER finding as moot 103 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Bruce J. McGiverin on July 24, 2010. (McGiverin, Bruce) (Entered: 07/24/2010) 109 ORDER granting 102 Motion to Strike. Signed by US Magistrate Judge Bruce J. McGiverin on July 24, 2010. (McGiverin, Bruce) (Entered: 07/24/2010) 108 ORDER striking 101 Motion to Amend/Correct. Construing this motion as an additional objection to the pending report and recommendation, I find that it is untimely. Signed by US Magistrate Judge Bruce J. McGiverin on July 24, 2010. (McGiverin, Bruce) (Entered: 07/24/2010) 107 MOTION for Leave to File Spanish language documents filed by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) (Entered: 07/21/2010) 106 MOTION to Strike Re: 104 First MOTION for Temporary Restraining Order for

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106 MOTION to Strike Re: 104 First MOTION for Temporary Restraining Order for removal of illegal blockages filed by Culebra Conservation and Development Authority, 105 First MOTION to Remand to State Court to Determine Administrative Procedures before ACDECSecond MOTION for Temporary Restraining Order to plaintiffs to restrain from building obstacles to beaches of Culebra until all state legal procedures are extinguished. filed by Culebra Conservation and Development Authority, 101 MOTION to Amend/Correct Report and Recommendation filed by Culebra Conservation and Development Authority, MOTION for Sanctions as to All Defendants filed by Orlando H. Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E., Victor Gonzalez Suggestions in opposition/response due by 8/6/2010 (Attachments: # 1 Exhibit Exhibit 1 Objection Filed Before ACDEC July 16, 2010, # 2 Exhibit Exhibit 2Certified Mail Stamped July 16, 2010, # 3 Exhibit Exhibit 3 Fax Transmission Report July 16, 2010, # 4 Exhibit Exhibit 2Certified Mail Stamped July 8, 2010) (Related document(s) 104 , 105 , 101 ) (Martinez-Echeverria, Orlando) (Entered: 07/21/2010) 105 First MOTION to Remand to State Court to Determine Administrative Procedures before ACDEC, Second MOTION for Temporary Restraining Order to plaintiffs to restrain from building obstacles to beaches of Culebra until all state legal procedures are extinguished. filed by Carlos E. Geigel on behalf of Culebra Conservation and Development Authority (Geigel, Carlos) (Entered: 07/21/2010) 104 First MOTION for Temporary Restraining Order for removal of illegal blockages filed by Carlos E. Geigel on behalf of Culebra Conservation and Development Authority (Attachments: # 1 Exhibit Sworn Statement Culebra Emergencies Service Director)(Geigel, Carlos) (Entered: 07/20/2010) 103 MOTION for Leave to File Spanish language documents filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 07/16/2010) 102 MOTION to Strike Re: 101 MOTION to Amend/Correct Report and Recommendation filed by Culebra Conservation and Development Authority filed by Lourdes I. Morera-Ledon on behalf of Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 8/2/2010 (Attachments: # 1 Exhibit CCDA July Order)(Related document(s) 101 ) (Morera-Ledon, Lourdes) (Entered: 07/16/2010) 101 ***STRICKEN AS PER ORDER AT DKT #108*** MOTION to Amend/Correct Report and Recommendation filed by Carlos E. Geigel on behalf of Culebra Conservation and Development Authority Suggestions in opposition/response due by 8/2/2010 (Attachments: # 1 Exhibit ACDEC's Budget Certification, # 2 Exhibit Commonwealth of Puerto Rico Appeal Court's Judgement, # 3 Exhibit Puerto Rico Supreme Court Decision, # 4 Exhibit Sworn Statement-Mayor of Culebra presides over ACDEC's Administrative Hearings, # 5 Exhibit Administrative Resolution between ACDEC and Plaintiffs, # 6 Exhibit ACDEC's Endorsement to Plaintiffs denying gates in Muellecito and Resaca/OP road.)(Related document(s) 80 ) (Geigel, Carlos) Modified on 7/27/2010 (ov). (Entered: 07/15/2010) 100 ORDER noted 97 INFORMATIVE motion. Signed by US Magistrate Judge Bruce J. McGiverin on July 13, 2010. (McGiverin, Bruce) (Entered: 07/13/2010) 99 MEMORANDUM in Opposition to Municipality of Culebra's Objections to Report & Recomendation filed by All Plaintiffs Re: 84 Objection to Report and Recommendation filed by Municipality of Culebra, 83 Objection to Report and Recommendation filed by Municipality of Culebra, 98 Objection to Report and Recommendation filed by Municipality of Culebra filed by All Plaintiffs. (Morera-

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Recommendation filed by Municipality of Culebra filed by All Plaintiffs. (Morera06/02/2010 Ledon, Lourdes) (Entered: 06/11/2010) 98 OBJECTION to 80 Report and Recommendation FIRST filed by Municipality of Culebra filed by Municipality of Culebra. (Geigel, Carlos) Modified on 6/2/2010 to create link (ov). (Entered: 06/02/2010) 97 INFORMATIVE Motion regarding Rule 26 Meeting filed by Fernando E. AgraitBetancourt on behalf of Puerto Rico Land & Fruit, S.E. (Agrait-Betancourt, Fernando) (Entered: 06/01/2010) 96 ORDER noted 85 MOTION Submitting. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) Modified on 6/2/2010 to correct title of dkt #85.(ov). (Entered: 06/01/2010) 95 ORDER granting 82 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 94 ORDER noted 81 Motion In Compliance. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 93 ORDER noted 78 Motion submitting. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 92 ORDER finding as moot 75 INFORMATIVE motion. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 91 ORDER noted 70 INFORMATIVE motion. However, see Order entered at Docket No. 86. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 90 ORDER noted 68 INFORMATIVE motion. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 89 ORDER noted 66 Motion submitting. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 88 ORDER noted 63 Motion requesting Order; finding as moot 63 Motion to Strike. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 87 ORDER denying 59 Motion for Leave to File Spanish language documents. However, defendants are granted until June 4, 2010 to file a certified English translation; otherwise, the document will not be considered. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 86 ORDER noted 58 Motion for Cautionary Notice. I note, however, that defendants' intentions in filing this notice are unclear. And as I noted during the recent status conference, I do not consider any such notice filed under the caption of this case to constitute a substitute for any notice and hearing requirements that may be mandated by Puerto Rico or federal law. Signed by US Magistrate Judge Bruce J. McGiverin on June 1, 2010. (McGiverin, Bruce) (Entered: 06/01/2010) 85 MOTION Submitting certified translations filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit Certified Translation of PR Supreme Court Decision, # 2 Exhibit Certified Translation of CCDA Order, # 3 Exhibit Certified Translation of PR Court of First Instance

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CCDA Order, # 3 Exhibit Certified Translation of PR Court of First Instance Judgment and associated documents)(Agrait-Betancourt, Fernando) Modified on 6/2/2010 to correct title (ov). (Entered: 06/01/2010) 84 OBJECTION to Report and Recommendation RE: 80 REPORT AND RECOMMENDATION SECOND filed by Municipality of Culebra filed by Municipality of Culebra. (Geigel, Carlos) Modified on 6/2/2010 to add link (ov). (Entered: 06/01/2010) 83 OBJECTION to Report and Recommendation FIRST filed by Municipality of Culebra filed by Municipality of Culebra. (Geigel, Carlos) (Entered: 05/23/2010) 82 MOTION for Leave to File Spanish language documents Temporary Waiver of Local Rule 10(b) filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Agrait-Betancourt, Fernando) (Entered: 05/22/2010) 81 MOTION in Compliance with Court Order, MOTION Submitting Documents, filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit PR Supreme Court Resolution, # 2 Exhibit Puerto Rico Court of First Instance Decision, # 3 Exhibit CCDA order)(AgraitBetancourt, Fernando) Modified on 5/25/2010 to correct title and add text (ov). (Entered: 05/22/2010) 80 REPORT AND RECOMMENDATION re 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13)filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Objections to R&R due by 6/7/2010. vbSigned by US Magistrate Judge Bruce J. McGiverin on 5/21/2010. (yo) (Entered: 05/21/2010) 79 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Status Conference held on 5/20/2010. Attorney Geigel to pay sanctions in the amount of $150.00 by 5/21/10. Plaintiffs to submit copies of state and administrative orders by 5/21/2010. Motions due by 5/21/2010. (Court Reporter FTR.) (ct) (Entered: 05/21/2010) 78 MOTION Submitting Certified Translations filed by Fernando E. AgraitBetancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit Certified Translation of Order)(Agrait-Betancourt, Fernando) Modified on 5/21/2010 to correct title (ov). (Entered: 05/20/2010) 77 ORDER granting 76 Motion for Leave to File. Signed by US Magistrate Judge Bruce J. McGiverin on May 19, 2010. (McGiverin, Bruce) (Entered: 05/19/2010) 76 MOTION for Leave to File Document Temporary Waiver of Local Rule 10(b) filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 6/4/2010 (Agrait-Betancourt, Fernando) (Entered: 05/19/2010) 75 INFORMATIVE Motion regarding Order filed by Orlando H. Martinez-Echeverria on behalf of Victor Gonzalez (Attachments: # 1 Exhibit 1 Letter Order byCCDA dated March 13, 2010)(Martinez-Echeverria, Orlando) (Entered: 05/19/2010) 74 ORDER: A status/settlement conference is set before the undersigned

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for May 20, 2010 at 4:00 p.m. Counsel shall come with full authority to reach a solution to this conflict acceptable to all parties. Failure to negotiate settlement in good faith will result in sanctions on counsel and/or the parties pursuant to Fed. R. Civ. P. 16(f).Signed by US
Magistrate Judge Bruce J. McGiverin on May 18, 2010.(McGiverin, Bruce)

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Magistrate Judge Bruce J. McGiverin on May 18, 2010.(McGiverin, Bruce) (Entered: 05/18/2010) 73 ORDER noted 71 Motion In Compliance. Signed by US Magistrate Judge Bruce J. McGiverin on May 18, 2010. (McGiverin, Bruce) (Entered: 05/18/2010) 72 ORDER granting 69 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Bruce J. McGiverin on May 18, 2010. (McGiverin, Bruce) (Entered: 05/18/2010) 71 Motion In Compliance with Rule 10(B) Submitting Certified Translation filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit Certified Translation of Affidavit)(Agrait-Betancourt, Fernando) (Entered: 05/17/2010) 70 Third INFORMATIVE Motion regarding opening beach accesses in Culebra filed by Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos) (Entered: 05/06/2010) 69 MOTION for Leave to File Spanish language documents filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Agrait-Betancourt, Fernando) (Entered: 05/04/2010) 68 INFORMATIVE Motion re: invasion and seizures, Urgent MOTION for Preliminary Injunction pende lite, filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Affidavit Sworn Statement of Ramon Burgos (in Spanish))(Agrait-Betancourt, Fernando) Modified on 5/5/2010 to add event and text (ov). (Entered: 05/04/2010) 67 AMENDED ANSWER to claim, Second COUNTERCLAIM against all plaintiffs by Abraham Pena-Nieves. (Geigel, Carlos) (Entered: 04/27/2010) 66 MOTION Submitting Re-submitting Second Urgent Motion Requesting Order filed by Orlando H. Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Docket 64 Re-submitted)(Martinez-Echeverria, Orlando) Modified on 4/28/2010 to edit text in caps. (ov). (Entered: 04/27/2010) NOTICE of Docket Text Modification by Deputy Clerk re: 65 Amended Answer to Complaint, Counterclaim.***DEFECTIVE FILING - WRONG PDF FORMAT *** (ov) (Entered: 04/27/2010) NOTICE of Docket Text Modification by Deputy Clerk re: 64 Emergency MOTION requesting Order Urgent Order in Aid of Jurisdiction/I>. ***DEFECTIVE FILING - ATTY. FILING WITH ANOTHER ATTY'S LOGIN AND PASSWORD *** (ov) Modified on 4/28/2010 to edit letters in caps(ov). (Entered: 04/27/2010) 65 ***DEFECTIVE FILING - WRONG PDF FORMAT *** AMENDED ANSWER to Complaint, Second COUNTERCLAIM against PR Land & FRuit and against Victor Gonzalez by Abraham Pena-Nieves. (Geigel, Carlos) Modified on 4/27/2010 (ov). (Entered: 04/26/2010) 64 ***DEFECTIVE FILING - ATTY. FILING WITH ANOTHER ATTY'S LOGIN AND PASSWORD *** Emergency MOTION requesting Order Urgent Order in Aid of Jurisdiction filed by Orlando H. Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E. (Martinez-Echeverria, Orlando) Modified on 4/27/2010 (ov). (Entered: 04/26/2010) NOTICE of Docket Text Modification by Deputy Clerk re: 57 Answer to

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NOTICE of Docket Text Modification by Deputy Clerk re: 57 Answer to Complaint, Counterclaim. ***DEFECTIVE FILING -WRONG PDF FORMAT *** (ov) Modified on 4/23/2010 (ov). (Entered: 04/23/2010) 63 MOTION requesting Order Urgent Order Enjoining Defendants form further intruding in Plaintiffs property during the pendency of this case, MOTION to Strike Re: 58 First MOTION for Cautionary Notice Opening all Muellecito and Resaca beaches accesses by 27 april 2010. filed by Municipality of Culebra ( Suggestions in opposition/response due by 5/10/2010) filed by Orlando H. Martinez-Echeverria on behalf of Puerto Rico Land & Fruit, S.E. (Related document(s) 58 ) (Martinez-Echeverria, Orlando) (Entered: 04/23/2010) 62 ORDER denying 56 Motion for Leave to File. I have perused the tendered reply, and find that it simply re-hashes the arguments already made. Signed by US Magistrate Judge Bruce J. McGiverin on April 22, 2010. (McGiverin, Bruce) (Entered: 04/22/2010) 61 ORDER noted 54 Motion submitting. Signed by US Magistrate Judge Bruce J. McGiverin on April 22, 2010. (McGiverin, Bruce) (Entered: 04/22/2010) 60 ORDER noted 53 Motion submitting. Signed by US Magistrate Judge Bruce J. McGiverin on April 22, 2010. (McGiverin, Bruce) (Entered: 04/22/2010) 59 First MOTION for Leave to File Spanish language documents EXHIBIT 1, Docket 58 filed by Carlos E. Geigel on behalf of Municipality of Culebra (Geigel, Carlos) (Entered: 04/22/2010) 58 First MOTION for Cautionary Notice Opening all Muellecito and Resaca beaches accesses by 27 april 2010. filed by Carlos E. Geigel on behalf of Municipality of Culebra Suggestions in opposition/response due by 5/10/2010 (Attachments: # 1 Exhibit Exhibit 1 Plaintiff's Memo on Violence, # 2 Exhibit Exhibit 1 Plaintiff's Memo on Violence, # 3 Exhibit Exhibit 1, p2, # 4 Exhibit Exhibit 3 Unsafe Muellecito Beach, # 5 Exhibit Exhibit 3 Plaintiffs blockage, # 6 Exhibit Exhibit 4 Municipality's removal of blockage., # 7 Exhibit Exhibit 5 Blockage to el Muellecito as founf on December 22, 2009.)(Geigel, Carlos) (Entered: 04/22/2010) 57 ***DEFECTIVE FILING -WRONG PDF FORMAT*** Amended ANSWER to Complaint with Jury Demand to Amended Complaint, Second COUNTERCLAIM against PR Land & FRuit and against Victor Gonzalez filed by Carlos E. Geigel on behalf of Defendant Municipality of Culebra.(Geigel, Carlos) Modified on 4/23/2010 (ov). (Entered: 04/21/2010) 56 MOTION for Leave to File Document Reply to Defendant's "Verified" memorandum filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 5/5/2010 (Attachments: # 1 Reply Tendered)(Agrait-Betancourt, Fernando) (Entered: 04/19/2010) 55 MOTION for Leave to File Document (Verified Amended Complaint) filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 4/26/2010 (Attachments: # 1 Tendered Amended Verified Complaint)(Morera-Ledon, Lourdes) (Entered: 04/09/2010) 54 MOTION Submitting CERTIFIED TRANSLATIONS filed by Lourdes I. MoreraLedon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 1 - Deed, # 2 Exhibit 4 - DRNA Settlement Agreement, # 3 Exhibit 5 DRNA Agreement, # 4 Exhibit 6 - Letter to CCDA, # 5 Exhibit 8 - Areces letter of Jan.26,2010, # 6 Exhibit 9 - Areces letter March 17,2010, # 7 Exhibit 10 - Areces

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Jan.26,2010, # 6 Exhibit 9 - Areces letter March 17,2010, # 7 Exhibit 10 - Areces letter March 22,2010)(Morera-Ledon, Lourdes) (Entered: 04/09/2010) 04/09/2010 53 MOTION Submitting MEMORANDUM OF LAW filed by Lourdes I. MoreraLedon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (MoreraLedon, Lourdes) (Entered: 04/09/2010) 52 PRETRIAL MEMORANDUM by all defendants. (Attachments: # 1 Exhibit defendants exhibit A p1, # 2 Exhibit defendants exhibit A P2) (Geigel, Carlos) (Entered: 04/09/2010) 51 ORDER noted 49 Motion In Compliance. Signed by US Magistrate Judge Bruce J. McGiverin on April 8, 2010. (McGiverin, Bruce) (Entered: 04/08/2010) 50 ORDER denying 47 Motion for Hearing. Signed by US Magistrate Judge Bruce J. McGiverin on April 8, 2010. (McGiverin, Bruce) (Entered: 04/08/2010) 49 MOTION in Compliance with Court Order filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Attachments: # 1 Exhibit A: ACDEC endorsement of el Muellecito, # 2 Exhibit A: ACDEC endorsement of el Muellecito P1, # 3 Exhibit A: ACDEC endorsement of el Muellecito P2)(Geigel, Carlos) Modified on 4/8/2010 to correct title (ov). (Entered: 04/07/2010) 48 RESPONSE in Opposition to Motion Requesting Re-Opening of hearing to Present "Rebuttal" Evidence filed by all plaintiffs Re: 47 MOTION for Hearing and Visual Inspection of el Muellecito and Resaca Beach Accesses in Culebra filed by Carlos Geigel-Bunker filed by all plaintiffs. (Martinez-Echeverria, Orlando) (Entered: 04/06/2010) 47 MOTION for Hearing and Visual Inspection of el Muellecito and Resaca Beach Accesses in Culebra filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Geigel, Carlos) (Entered: 04/03/2010) 46 ***SELECTED PARTIES***Motion Hearing: Medical excuse (jm) (Entered: 03/31/2010) 45 Motion Hearing: Defendants' Exhibit List (jm) (Entered: 03/31/2010) 44 Motion Hearing: Plaintiffs' Exhibit List (jm) (Entered: 03/31/2010) 43 Minute Entry for proceedings held before US Magistrate Judge Bruce J. McGiverin: Motion Hearing held on 3/31/2010 re 13 Motion to Dismiss by Defendants and 17 Motion for Preliminary Injunction by Plaintiffs. Testimony of Victor Gonzalez, Alberto Areces and Ismael Alicea-Rivera was heard. Plaintiffs' Exhibits 1-10 admitted; Defendants' Exhibit A admitted. The parties are granted 5 working days to submit certified English translations of exhibits in the Spanish language. Medical excuse of subpoened witness is made part of the record. Additional briefs due by 4/9/2010. (For Plaintiffs: Attys Fernando Agrait, Orlando Martinez, Lourdes Morera. For Defendants: Carlos Geigel. Court Reporter FTR.) (jm) (Entered: 03/31/2010) 42 NOTICE of Appearance of Counsel by Orlando H. Martinez-Echeverria on behalf of all plaintiffs (Martinez-Echeverria, Orlando) (Entered: 03/30/2010) 41 ORDER granting 40 Motion for Leave to File. Signed by US Magistrate Judge Bruce J. McGiverin on March 30, 2010. (McGiverin, Bruce) (Entered: 03/30/2010) 40 MOTION for Leave to File Document REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION REQUEST FOR

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TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION REQUEST FOR ORDER (DOCKET No. 39) filed by Lourdes I. Morera-Ledon on behalf of Puerto Rico Land & Fruit, S.E. Suggestions in opposition/response due by 4/15/2010 (Attachments: # 1 Reply Tendered)(Morera-Ledon, Lourdes) (Entered: 03/30/2010) 03/29/2010 39 RESPONSE in Opposition to Motion Requesting Preliminary Injunction filed by all defendants Re: 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) filed by all defendants. (Attachments: # 1 Affidavit Director of Medical Emergencies, # 2 Supplement Memorandum of Law in Support of Opposition to Motion, # 3 Affidavit Sworn Statement of Member of ACDEC's Board of Directorss)(Geigel, Carlos) Modified on 3/29/2010 to eliminate repetitive text (ov). (Entered: 03/29/2010) 38 ORDER striking 37 INFORMATIVE motion. Counsel for both parties are

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admonished not to file motions containing ad hominem attacks that are irrelevant to the merits of this dispute. The inclusion of any such comments in additional filings will result in severe sanctions, including, but not limited to, monetary penalties against parties and counsel. Signed
by US Magistrate Judge Bruce J. McGiverin on March 26, 2010. (McGiverin, Bruce) (Entered: 03/26/2010) 03/25/2010 37 ***STRICKEN as per Order at dkt #38*** Second INFORMATIVE Motion filed by Carlos E. Geigel on behalf of Carlos Geigel-Bunker (Geigel, Carlos) Modified on 3/26/2010 (ov). (Entered: 03/25/2010) 36 ORDER noted 32 Motion Requesting Order. The hearing on the motions filed

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at Docket No. 13 and 17 is advanced to March 31, 2010 at 9:00 a.m. Defendants shall file any opposition to the motion for preliminary injunction by March 29, 2010. The requested relief is otherwise denied.
Signed by US Magistrate Judge Bruce J. McGiverin on March 25, 2010. (McGiverin, Bruce) (Entered: 03/25/2010) 03/25/2010 35 ORDER re 34 MOTION for Reconsideration. DENIED. The court notes administrative remedies have not been exhausted and the Magistrate Judge may issue provisional remedies. Referral is premised on the fact that the undersigned has been actively dealing with a back to back trial calendar and is currently holding a jury trial (Civil No. 07-1178). Signed by Judge Aida M. Delgado-Colon on 3/25/2010. (wm) (Entered: 03/25/2010) 34 MOTION for Reconsideration re 33 Order, filed by Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez. Suggestions in opposition/response due by 4/12/2010 (Related document(s) 33 ) (Agrait-Betancourt, Fernando) Modified on 3/26/2010 to correct link (ov). (Entered: 03/25/2010) 33 ORDER re 32 Third MOTION for Temporary Restraining Order MOTION requesting Order Urgen Order to Enjoin Illegal Hearing before CCDA; and Request for Setting Expedited Hearing before Honorable Aida M. Delgado-Colon filed by Victor Gonzalez. This urgent motion is referred to Magistrate Judge Bruce J. McGiverin for disposition. Signed by Judge Aida M. Delgado-Colon on 3/25/2010.(wm) Modified on 3/25/2010 to edit letters in caps.(ov). (Entered: 03/25/2010) 32 Third MOTION for Temporary Restraining Order, MOTION requesting Order Urgent Order to Enjoin Illegal Hearing Before CCDA; and Request for Setting Expedited Hearing before the Honorable Aida M. Delgado-Colon filed by Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez (Attachments: # 1

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Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez (Attachments: # 1 Exhibit I Unsworn Declaration Under Penalty of Perjury, # 2 Exhibit II Certifications Comptrollers Office)(Agrait-Betancourt, Fernando) Modified on 3/25/2010 to edit letters in caps.(ov). (Entered: 03/25/2010) 31 ORDER noted 28 INFORMATIVE motion. Signed by US Magistrate Judge Bruce J. McGiverin on March 24, 2010. (McGiverin, Bruce) (Entered: 03/24/2010) 30 ORDER noted 27 Motion submitting. Signed by US Magistrate Judge Bruce J. McGiverin on March 24, 2010. (McGiverin, Bruce) (Entered: 03/24/2010) 29 ORDER noted 26 Motion for Setting; noted 26 Motion for Preliminary Injunction.

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A hearing is set before the undersigned on 13 Motion to Dismiss as Unripe, and 17 Motion for Preliminary Injunction for April 7, 2010 at 9:00 a.m. Signed by US Magistrate Judge Bruce J. McGiverin on March 24,
2010. (McGiverin, Bruce) (Entered: 03/24/2010) 03/24/2010 03/23/2010 28 First INFORMATIVE Motion filed by Carlos E. Geigel on behalf of Mayor of Culebra (Geigel, Carlos) (Entered: 03/24/2010) 27 MOTION Submitting Certified Translations re: 23 Order on Motion for Leave to File Spanish language documents, 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E., 18 MOTION for Leave to File Spanish language documents re: Docket 17 filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E. filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 1 - Correspondence Geigel-Gonzalez, # 2 Exhibit 3 - January 8 letter to CCDA, # 3 Exhibit 4 - Emminent Domain Proceeding, # 4 Exhibit 5 - Complaint Challenging Ordinance 17, # 5 Exhibit 6 Facebook Publications, # 6 Exhibit 7 - CCDA Order of February 5, 2010, # 7 Exhibit 8 - Request for Sanction filed in CCDA, # 8 Exhibit 9 - CCDA Order of January 29, 2010, # 9 Exhibit 10 - Urgent Request for Remedies to CCDA, # 10 Exhibit 11 - CCDA Order of February 11, 2010, # 11 Exhibit 12 - Motion in Compliance filed in CCDA, # 12 Exhibit 13 - Informative Motion filed in CCDA, # 13 Exhibit 14 - Municipal Ordinance 17)(Related document(s) 23 , 17 , 18 ) (Morera-Ledon, Lourdes) (Entered: 03/23/2010) 26 Second MOTION for Setting Urgent Preliminary Injunction Hearing ( Suggestions in opposition/response due by 4/5/2010), Second MOTION for Preliminary Injunction filed by Fernando E. Agrait-Betancourt on behalf of Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Declaration Of Victro Luiz Ginzalez) (Agrait-Betancourt, Fernando) Modified on 3/23/2010 to edit letters in caps.(ov). (Entered: 03/19/2010) 25 Plaintiffs' ANSWER to 16 Answer to Complaint, Counterclaim,, filed by Lourdes I. Morera-Ledon on behalf of Plaintiffs Victor Gonzalez, Puerto Rico Land & Fruit, S.E., Counter Defendants Puerto Rico Land & Fruit, S.E., Victor Gonzalez. (Morera-Ledon, Lourdes) (Entered: 03/02/2010) 24 ORDER denying 20 Motion to Strike. Signed by US Magistrate Judge Bruce J. McGiverin on February 26, 2010. (McGiverin, Bruce) (Entered: 02/26/2010) 23 ORDER granting as requested 18 Motion for Leave to File Spanish language documents. Signed by US Magistrate Judge Bruce J. McGiverin on February 26,

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documents. Signed by US Magistrate Judge Bruce J. McGiverin on February 26, 02/25/2010 2010. (McGiverin, Bruce) (Entered: 02/26/2010) ***SEE IMAGE AT DKT #22*** MOTION for Setting Preliminary Injunction hearing filed by Fernando E. Agrait-Betancourt on behalf of Victor Gonzalez (ov) (Entered: 03/02/2010) 22 RESPONSE in Opposition to Motion to Strike; and Urgent Request for Setting of Preliminary Injunction Hearing filed by all plaintiffs Re: 20 MOTION to Strike filed by Ovidio Ortiz-Ayala, Municipality of Culebra, Alexis Ojeda, Abraham Pena-Nieves, Carlos Geigel-Bunker, Mayor of Culebra, Ricardo Carrion, Culebra Conservation and Development Authority, Ricarda Rivera filed by all plaintiffs. (Agrait-Betancourt, Fernando) (Entered: 02/25/2010) 21 MEMORANDUM OF THE CLERK: Pursuant to the ORDER issued by Judge Aida M. Delgado-Colon on 02/24/10, docket entry #19, the motions have been referred to Magistrate Judge Bruce J. McGiverin. Signed by Clerk on 02/25/10. (li,) (Entered: 02/25/2010) 20 MOTION to Strike filed by all defendants Re: 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) (Attachments: # 1 Statement of Material Facts, # 2 Memorandum of Law)(Geigel, Carlos) Modified on 2/25/2010 to eliminate repetitive text and correct title (ov). (Entered: 02/24/2010) 19 ORDER re 13 MOTION to dismiss as unripe as to Municipality of Culebra, 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) are referred TO MAGISTRATE JUDGE Bruce J. McGiverin. Signed by Judge Aida M. Delgado-Colon on 2/23/2010.(wm) (Entered: 02/24/2010) ***SEE IMAGE AT DKT #17*** RESPONSE in Opposition to Motion filed by Puerto Rico Land & Fruit, S.E. Re: 13 MOTION to dismiss as unripe as to Municipality of Culebra filed by Ovidio Ortiz-Ayala, Municipality of Culebra, Alexis Ojeda, Abraham Pena-Nieves, Puerto Rico Land & Fruit, S.E., Mayor of Culebra, Ricardo Carrion, Culebra Conservation and Development Authority, Ricarda Rivera filed by Puerto Rico Land & Fruit, S.E.. (ov) (Entered: 02/23/2010) 18 MOTION for Leave to File Spanish language documents re: Docket 17 filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Morera-Ledon, Lourdes) (Entered: 02/22/2010) 17 MOTION for Preliminary Injunction and Opposition to Defendants' Motion to Dismiss (Docket # 13) filed by Lourdes I. Morera-Ledon on behalf of Victor Gonzalez, Puerto Rico Land & Fruit, S.E. (Attachments: # 1 Exhibit 1 Correspondence Geigel-Gonzalez, # 2 Exhibit 2 - Photographs published in Facebook, # 3 Exhibit 3 - January 8, 2010 letter, # 4 Exhibit 4 - Procedimiento de Expropiacion, # 5 Exhibit 5 - Demanda Impugnacion Ordenanza, # 6 Exhibit 6 Publicacion Facebook Liberacion Muellecito, # 7 Exhibit 7 - Order February 5, 2010, # 8 Exhibit 8 - Solicitud de Sanciones, # 9 Exhibit 9 - Order ACDEC Jan. 29, # 10 Exhibit 10 - Urgent Request for Remedy CCDA, # 11 Exhibit 11 - Order CCDA denying suspension hearing, # 12 Exhibit 12 - Motion in Compliance with Order filed in CCDA, # 13 Exhibit 13 - Informative motion filed in CCDA, # 14 Exhibit 14 - Municipal Ordinance 17 (Spanish version))(Morera-Ledon, Lourdes) (Entered: 02/22/2010) 16 Defendants' ANSWER to Complaint with Jury Demand, First COUNTERCLAIM against all plaintiffs filed by Carlos E. Geigel on behalf of Defendants Abraham

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against all plaintiffs filed by Carlos E. Geigel on behalf of Defendants Abraham Pena-Nieves, Ricardo Carrion, Alexis Ojeda, Carlos Geigel-Bunker, Municipality of Culebra, Culebra Conservation and Development Authority, Mayor of Culebra, Ricarda Rivera, Ovidio Ortiz-Ayala.(Geigel, Carlos) Modified on 2/17/2010 as to text and parties (mim). (Entered: 02/16/2010) 15 ORDER denied re 14 Motion for Extension of Time to Answer. Dispositive Motions will not be entertained in lieu of answer. Signed by Judge Aida M. Delgado-Colon on 2/2/2010. (sr) (Entered: 02/03/2010) 14 First MOTION for Extension of Time to File Answer after motion to dismiss is resolved filed by Carlos E. Geigel on behalf of all defendants. Suggestions in opposition/response due by 2/16/2010 (Geigel, Carlos) Modified on 2/2/2010 to correct filers (mim). (Entered: 01/31/2010) 13 MOTION to dismiss as unripe as to all defendants filed by Carlos E. Geigel on behalf of all defendants. Suggestions in opposition/response due by 2/16/2010 (Attachments: # 1 Exhibit ACDEC ORDER-EXHIBIT 1, # 2 Exhibit Muicipal Ordinance 17 - EXHIBIT 2, # 3 Exhibit Report and Recommendation Hill v ACDEC - EXHIBIT 3)(Geigel, Carlos) Modified on 2/2/2010 as to title and filers (mim). (Entered: 01/31/2010) 12 SUMMONS Returned Executed by Plaintiffs upon Ricardo Carrion served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010) 11 SUMMONS Returned Executed by Plaintiffs upon Ricarda Rivera served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010) 10 SUMMONS Returned Executed by Plaintiffs upon Ovidio Ortiz-Ayala served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010) 9 SUMMONS Returned Executed by Plaintiffs upon Municipality of Culebra served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010) 8 SUMMONS Returned Executed by Plaintiffs upon Culebra Conservation and Development Authority served on 1/8/2010, answer due 1/29/2010. (AgraitBetancourt, Fernando) Modified on 1/12/2010 edit text (ov). (Entered: 01/11/2010) 7 SUMMONS Returned Executed by Plaintiffs upon Carlos Geigel-Bunker served on 1/9/2010, answer due 1/30/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 edit text and correct date (ov). (Entered: 01/11/2010) 6 SUMMONS Returned Executed by Plaintiffs upon Alexis Ojeda served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 tdit text (ov). (Entered: 01/11/2010) 5 SUMMONS Returned Executed by Plaintiffs upon Abraham Pena-Nieves served on 1/8/2010, answer due 1/29/2010. (Agrait-Betancourt, Fernando) Modified on 1/12/2010 to edit text (ov). (Entered: 01/11/2010) 4 Summons Issued as to Ovidio Ortiz-Ayala (al) (Entered: 01/04/2010) 3 Summons Issued as to Carlos Geigel-Bunker (al) (Entered: 01/04/2010) 2 Summons Issued as to Ricardo Carrion, Alexis Ojeda, Carlos Geigel-Bunker, Municipality of Culebra, Culebra Conservation and Development Authority, Abraham Pena-Nieves, Ricarda Rivera (al) (Entered: 12/31/2009)

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Abraham Pena-Nieves, Ricarda Rivera (al) (Entered: 12/31/2009) 12/23/2009 1 COMPLAINT against all defendants (Filing fee $ 350.), filed by Victor Gonzalez, Puerto Rico Land & Fruit, S.E.. Service due by 4/26/2010, (Attachments: # 1 Civil Cover Sheet)(ov) (Entered: 12/30/2009)

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