Opinion
Civil No. 19-2060 (ADC)
07-27-2020
CADILLAC UNIFORMS & LINEN SUPPLY, INC., Plaintiff, v. CENTRAL GENERAL DE TRABAJADORES, Defendant.
OPINION AND ORDER
Before the Court is Cadillac Uniform & Linen Supply, Inc.'s ("plaintiff") request for preliminary and permanent injunction, and for declaratory relief. ECF Nos. 1, 2. On November 11, 2019, plaintiff filed a complaint against Central General de Trabajadores ("defendant"). ECF No. 1. Defendant failed to appear, and the court entered default against it. ECF Nos. 15, 16.
The Court referred the matter to Magistrate Judge Marcos E. López for a Report & Recommendation ("R & R"). ECF No. 382. On June 22, 2020, Magistrate Judge Marcos E. López issued an R & R "recommended a finding that the Court has subject matter jurisdiction over this matter pursuant to Section 301(a) of the [Labor Management Relations Act]." ECF No. 28. The R & R at ECF No. 28 informed the parties they had fourteen days to file objections. The parties did not file any objections. The Court hereby deems the R & R at ECF No. 28 unopposed and submitted for final determination.
On June 25, 2020, Magistrate Judge Marcos E. López held a hearing via VTC regarding plaintiff's requests for injunctive relief and declaratory judgment. See ECF No. 31. Counsel Carlos Concepción-Castro and Ada Pagán-Isona were present via VTC on plaintiff's behalf. Ms. Melissa Santiago, assisted by interpreter Carol Terry, was called as a witness on behalf of plaintiff. Sworn testimony was heard via VTC; and direct examination was conducted. Exhibits 1-4, 4-a and 4-b were presented by plaintiff and admitted into evidence. See ECF No 32. On July 7, 2020, Magistrate Judge Marcos E. López issued a R & R regarding plaintiff's requests for preliminary and permanent injunction and for declaratory relief. ECF No. 33. The Magistrate Judge recommended that plaintiff's requests for preliminary injunction, permanent injunction, and declaratory judgment, ECF Nos. 1, 2, be GRANTED. ECF No. 33 at 15. Once again, the parties were advised they had fourteen days to file an objection. ECF No. 33. The parties did not file any objections. The Court hereby deems the second R & R at ECF No. 33 unopposed and submitted for final determination.
Upon careful review of the record and the contents of both R & Rs the Court ADOPTS both unopposed Reports and Recommendations, at ECF Nos. 28, 33, and herein incorporates them by reference in full. For the reasons outlined in the R & R at ECF No. 28 and ECF No. 33, the Court GRANTS plaintiff's requests for preliminary injunction, permanent injunction, and declaratory judgment, at ECF Nos. 1, 2. Accordingly, the Court declares that defendant "has no legal right to substitute for the Teamsters [Local 901] and pursue its arbitrations over the objections of [plaintiff],"ECF No. 1 at 5, and grants "preliminary and permanent injunction and declaratory judgment permanently restraining [d]efendants, their officers, agents, employees, attorneys and representatives, from arbitrating, or requesting or compelling [p]laintiff to arbitrate, any unresolved grievances or arbitrations relating to or filed by the Teamsters [Local 901]." ECF No. 1 at 6; ECF No. 2.
Judgment shall be entered accordingly.
SO ORDERED.
At San Juan, Puerto Rico, on this 27th day of July, 2020.
S/ AIDA M. DELGADO-COLÓN
United States District Judge