Opinion
CIVIL 02-1214CCC.
April 17, 2007
ORDER
Plaintiffs Heidy M. Castillo-Borrero, Hiram Cedeño-Caraballo, Juanita Gotay-Irizarry, Luis M. Hernández-Tiru, Julio Medina-Vega, Miriam Ortiz-Camacho, Milagros Padró-Vega, Maritza Ramos-Sepúlveda, Julio César Ramos-Torres, Jimmy Rosas-Ríos and Irma Talavera-Rivera have filed a motion informing of the Municipality of Maricao's non-compliance with the payment terms of the Judgment entered by this Court on June 27, 2005 ( docket entry 236), which incorporated a settlement agreement reached by the parties. The Court notes that said Judgment is final and unappealable and that the period of time agreed for the disbursement of the money to the plaintiffs has long expired. Plaintiffs further request the entry of an order of the execution of the Judgment against the Municipality of Maricao. It appears from the records of this Court and from plaintiffs' motion that the Municipality of Maricao has indeed failed to pay the sums of money agreed and adjudged to be paid under the settlement agreement, which was fully incorporated in said Judgment.
Given the aforestated, and pursuant to Rule 69 fo the Federal Rules of Civil Procedure, the Clerk of Court will issue a Writ of Execution directing the United States Marshal for this District to proceed forthwith and seize any and all monies, funds and/or property of defendant Municipality of Maricao, up to the amount of $25,300.00 plus interest at the legal rate from June 27, 2005 until full payment is received. The money to be seized shall include, but is not limited to, any and all monies deposited in any financial institution located in the Commonwealth of Puerto Rico, including but not limited to, Banco Popular de Puerto Rico, First Bank, Westernbank, Oriental Bank Trust, Doral Financial Corporation, HF Mortgage Bankers, Eurobank, Banco Santander, Banco Bilbao Vizcaya Argentaria (BBVA), and the Government Development Bank of the Commonwealth of Puerto Rico. It shall also include any monies retained, held or otherwise deposited with the Department of Treasury of the Commonwealth of Puerto Rico, the Municipal Collections Center (CRIM) and any other financial institution holding deposits. The funds to be seized shall be funds retained, held or otherwise deposited in accounts in the name of, or on behalf of the Municipality of Maricao.
The United States Marshal for this District will not accept in payment anything but United States currency or certified check payable to the order of the Clerk of Court of the United States District Court for the District of Puerto Rico which funds shall be deposited in an interest-bearing account of this Court for disbursement to appearing plaintiffs.
The Mayor of Maricao, Honorable Gilberto Pérez-Valentín, is also ORDERED TO SHOW CAUSE by March 7, 2007 why he should not be held in contempt for failing to comply with the Orders of this Court.
SO ORDERED.