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Case 3:03-cv-01640-GAG Document 703 Filed 06/23/15 Page 1 of 4

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF PUERTO RICO
RIO GRANDE COMMUNITY HEALTH
CENTER INC., et al.,
Plaintiffs,
v.
HON. ANA RUS ARMENDRIZ, Secretary
Department of Health
Commonwealth of Puerto Rico,
Defendant.

)
)
)
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) Case No. 03-1640 (GAG)
) (Consolidated with Case Nos.
) 06-1291, 06-1524)
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)

MOTION TO AMEND AND/OR RECONSIDER D. 701


Consolidated Plaintiffs respectfully request that the Court correct or reconsider its order
directing directing Banco Gubernamental de Fomento para Puerto Rico (known in English as the
Government Development Bank for Puerto Rico or GDB) to make immediate payment of
$5,131,304.78 to the Courts registry.
The Court should amend and/or reconsider its order in the following respects:
First, the Court only instructs GDB to issue a check for $5,131,304.78 from account
number 325-2000-6, whereas the full amount listed in the writ of execution is $5,712,944.82.
GDB has stated that the remaining $581,640.04 is on hold in GDB account number 325-20501. Accordingly, the Court should revise its order at D. 701 to require GDB to issue payment in
the amount of $581,640.04 out of account number 325-2050-1 in addition to the payment of
$5,131,304.78 from account number 325-2000-6.
Second, the Court directed GDB to make payment to the U.S. Marshal on Wednesday,
June 24, 2015. Consolidated Plaintiffs respectfully request that the Court instruct GDB to

Case 3:03-cv-01640-GAG Document 703 Filed 06/23/15 Page 2 of 4

deposit the checks with the Courts registry (rather than deliver them to the U.S. Marshals
Service), and require that GDB do so no later than 12:00 p.m. on June 24, 2015. Consolidated
Plaintiffs are concerned that there is a potential for confusion and needless delay in the absence
of such detailed directions. Consolidated Plaintiffs believe that a firm deadline and a clear
instruction as to where the checks must be delivered will avoid such difficulties.
Third, Consolidated Plaintiffs ask that the Court specify that the payment must be in the
form of certified checks in order to ensure that the funds are immediately available for
distribution to Consolidated Plaintiffs. As the Court is aware, there is a two-week lag between a
deposit of a check with the Courts registry and the availability of the subject funds for payment
out of the registry. The purpose of this court policy is presumably to ensure that there are
sufficient funds in the payors account to cover the check deposited.
Consolidated Plaintiffs requested that the Court order issuance of checks directly to them
precisely in order to avoid any further delay in payment when it is already almost two months
late. Although Consolidated Plaintiffs understand that the Court has denied that request and has
opted instead to run the payment process through the registry, circumstances are such that
Consolidated Plaintiffs face an undue burden should payment be postponed yet another two
weeks.
By ordering GDB to issue certified checks to the registry, the Court will ensure that the
funds are available for immediate withdrawal and thereby mitigate the harms Consolidated
Plaintiffs have been forced to endure as a result of Defendants failure to comply with her
obligations under the November 2010 preliminary injunction.
WHEREFORE, the Court should amend and/or reconsider its order at D. 701to (1) order
payment of the full $5,712,944.82 on hold with GDB, (2) instruct GDB to deposit the sums due

Case 3:03-cv-01640-GAG Document 703 Filed 06/23/15 Page 3 of 4

directly with the Courts registry by noon tomorrow, and (3) require that the payment be in the
forms of certified checks.
Date: June 23, 2015

Respectfully submitted,
/s/ Miguel Rodrguez Marxuach
Miguel Rodrguez Marxuach
USDC No. 206011
RODRGUEZ MARXUACH, PSC
268 Ponce de Len Ave., Suite 524
San Juan, Puerto Rico 00918
Tel 787-754-9898
Fax 787-754-9897
mrm@rmlawpr.com
/s/ Robert A. Graham
James L. Feldesman*
Robert A. Graham*
Nicole M. Bacon*
Feldesman Tucker Leifer Fidell LLP
1129 20th Street, N.W., Fourth Floor
Washington, DC 20036
(202) 466-8960 (telephone)
(202) 293-8103 (facsimile)
jfeldesman@ftlf.com
rgraham@ftlf.com
nbacon@ftlf.com
*Admitted pro hac vice
Attorneys for Consolidated Plaintiffs

Case 3:03-cv-01640-GAG Document 703 Filed 06/23/15 Page 4 of 4

CERTIFICATE OF SERVICE
I, Robert A. Graham, certify that I caused a true and correct copy of the attached
MOTION TO AMEND AND/OR RECONSIDER D. 701 to be served electronically this 23rd
day of June, 2015 on all counsel of record in this matter using the Courts CM/ECF system.
/s/ Robert A. Graham
James L. Feldesman*
Robert A. Graham*
Nicole M. Bacon*
Feldesman Tucker Leifer Fidell LLP
1129 20th Street, N.W., Fourth Floor
Washington, DC 20036
(202) 466-8960 (telephone)
(202) 293-8103 (facsimile)
jfeldesman@ftlf.com
rgraham@ftlf.com
nbacon@ftlf.com
*Admitted pro hac vice