Case 3:09-cv-02280-ADC-BJM Document 318 Filed 02/02/17 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

PUERTO RICO LAND & FRUIT, S.E. CIVIL NO.09-2280 (ADC)(BJM)

& VICTOR GONZLEZ

v. FOR: CIVIL RIGHTS VIOLATIONS,

INJUNCTIVE RELIEF AND DAMAGES
MUNICIPALITY OF CULEBRA

JOINT MOTION INFORMING AGREEMENT TO ACHIVE COMPLIANCE WITH

SETTLEMENT AGREEEMNT

TO THE HONORABLE COURT:

COME NOW, the MUNICIPALITY OF CULEBRA, VICTOR GONZLEZ and

PRL&F, through their undersigned legal counsels, and very

respectfully STATE and PRAY as follows:

1. The evidentiary hearing ordered by this Honorable

Court on December 8th, 2016 is scheduled for February 14, 2017.

2. On January 25 this Honorable Court denied a request

by the Municipality of Culebra to continue the hearing sine

die, pending resolution certain administrative proceeding at

the Puerto Rico Department of Natural Resources. The court

indicated that no continuance would be granted except by joint

motion of the parties indicating that resolution of the issues

raised in the pending motions (Docket

Nos. 276 , 280 , 292 , 297 , and 301 ) has been reached or, at

a minimum, a joint request that these motions be dismissed

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without prejudice.

3. The parties wish to inform that they have been

negotiating to resolve the disputes between them and have

reached an agreement that would effect compliance with the

Stipulation and Judgment. The parties have agreed as follows:

(i) PRLF and the Municipality have come to an agreement

as to the language to be included on the Deeds of

Constitution of Easement that satisfies all

parties, and the parties will execute the deeds

next Thursday, February 9, 2017 at the Offices of

the Undersigned Fernando E. Agrait.

(ii) Within 20 days from today, the Municipality will

comply and show to the court compliance with the

following:

(1) having posted signs at the entrance of the

dirt-road advising the public of the use
restrictions, provided insurance coverage to PRL&F;

(2) having taken the required measures to close the

entrance during the stipulated hours (7:00am to
7:00pm)(initially with chains attached to posts for
a period of six months and then placing the
required permanent gate; and the continuance of the
daily waste pickup;

(3) having obtained and provided insurance to PRLF

(4) having complied with daily garbage collection

4. In light of the above, PRLF and the Municipality of

Culebra respectfully request that the court: (i) take notice of

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the above agreements and order strict compliance with the same;

(ii) that the pending motions be dismissed without prejudice

and the hearing be converted into a status conference to asses

compliance with the agreements notified by way of this motion.

WHEREFORE, the appearing parties respectfully request

that this Honorable Court (i) take notice of the above

agreements and order strict compliance with the same; (ii) that

the pending motions be dismissed without prejudice; and (iii)

that the hearing of February 14 be converted into a status

conference so that the parties inform the status of compliance

with the agreements notified by way of this motion.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico on this 2nd day of February 2017.

WE HEREBY CERTIFY that on this day we electronically filed

the foregoing with the Clerk of the Court using the CM/ECF

system which will automatically send notification of such

filing to all appearing parties in the above captioned

proceeding.

/s/BEATRIZ HERNNDEZ TORO /s/FERNANDO E. AGRAIT

USC #: 228809 FERNANDO E. AGRAIT
Attorney for Municipality of USDC No. 127212
Culebra Centro de Seguros, Ste 415
BEATRIZ HERNNDEZ TORO LAW 701 Ponce de Leon, Ave
PO BOX 192841 San Juan, Puerto Rico 00907
San Juan, PR 00919-2841 Telephone: (787) 725-3390
Tel. (787) 368-4610 Fax: (787) 724-0353
Email: e-mail: agraitfe@agraitlawpr.com
beatriz.hernandezpr@gmail.com

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/S/ORLANDO H. MARTINEZ ECHEVARRIA

ORLANDO H. MARTINEZ ECHEVARRIA LLC
USDC No. 213052
Centro de Seguros, Ste 413
701 Ponce de Leon, Ave
San Juan, Puerto Rico 00907
Telephone: (787) 722-237
Fax: (787) 723-4661
e-mail: omartinez@martinezlaw.org

/s/ CARLOS J. SAGARDA-ABREU

Attorney for Vctor Gonzlez-
Barahona and PRLF, SE
1353 Ave. Luis Vigoreaux PMB 678
Guaynabo, PR 00966
Tel. (787) 360-7924
Email: carlos.sagardia@gmail.com
By: s/Carlos J. Sagarda-Abreu
Carlos J. Sagarda-Abreu
USDC PR No. 227510

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