Insurance Company of North America v. P.R. Ports Auth

Full title: INSURANCE COMPANY OF NORTH AMERICA, et. al, Plaintiff(s), v. PUERTO RICO…

Court: United States District Court, D. Puerto Rico

Date published: Mar 30, 2007

Civil No. 05-2054(ADC) (D.P.R. Mar. 30, 2007)

Opinion

Civil No. 05-2054(ADC).

March 30, 2007

AIDA DELGADO-COLON, Magistrate Judge

ORDER MOTION(S) RULING (S) Docket Nos. 53 109 Docket Nos. 192 194 ADOPTED ¹ GRANTED. Docket No. 36 Docket No. 190 Docket No. 197 ADOPTED Docket No. 36 ²

1 See Santiago v. Canon U.S.A., Inc., 138 F.3d 1, 4 (1^st Cir. 1998); Davet v. Maccorone, 973 F.2d 22, 30-31 (1^st Cir. 1992); Hernández-Mejias v. General Elec., 428 F. Supp.2d 4, 6 (D.P.R. 2005) (citing Lacedra v. Donald W. Wyatt Detention Facility, 334 F. Supp.2d 114, 125-126 (D.R.I. 2004).

2 SJBPC submits factual and legal objections to the R R. ( Docket No. 197). The Court finds that its factual averments are better left for summary judgment and the cases cited in support of its legal argument are inapposite at this stage in the litigation inasmuch as, the amended complaint alleges acts negligence committed by SJBPC itself, and not only its member pilot(s). ( Docket No. 81).

There being no objections, the reports and Motions to Dismiss on behalf of the Puerto recommendations () Rico Harbor Pilotage Commission and Real issued by Chief-Magistrate Judge Justo Arenas Legacy Insurance Company, Inc. on March 14, 2007 are hereby , in Filed: 2/3/2006; 7/14/2006 full. Defendant's motions to dismiss are therefore The claims in the complaint as they relate to Puerto Rico Harbor Pilotage Commission and its insurer, Real Legacy Insurance Company, Inc., are hereby DISMISSED, without prejudice. The Clerk of Court will enter Partial Judgment accordingly. After revie wing the Report and Motion to Dismiss on behalf of the San Juan recommendation ("R R") issued by Chief-Magistrate Bay Pilots Corporation ("SJBPC") Judge Justo Arenas on March 12, Filed: 12/27/2005 2007 () and objection thereto (), the R R is hereby , in full. SJBPC's Motion to Dismiss () is hereby DENIED.

SO ORDERED.