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Martinez-Rivera v. Commw. of Puerto Rico

United States District Court, D. Puerto Rico
Dec 1, 2011
Civil No. 11-1184 (GAG) (D.P.R. Dec. 1, 2011)

Summary

declining to address Eleventh Amendment immunity defense first raised in motion for reconsideration, but referring issue to magistrate judge for a report and recommendation

Summary of this case from Municipality San Sebastian v. Commonwealth

Opinion

Civil No. 11-1184 (GAG).

December 01, 2011.


OPINION AND ORDER


Presently before the court is defendant Vocational Rehabilitation Administration's ("Defendant") motion for reconsideration (Docket No. 57). For the following reasons the court DENIES the motion for reconsideration as to the failure to join a necessary party and REFERS the question of Eleventh Amendment immunity to Magistrate Judge McGiverin for Report and Recommendation.

I. Standard or Review

II. Discussion

59Perez-Perez v. Popular Leasing Rental, Inc.993 F.2d 281284Villanueva-Mendez v. Vazquez360 F.Supp. 2d 320322See Rivera Surillo Co. v. Falconer Glass. Indus. Inc.37 F.3d 2529F.D.I.C. Ins. Co. v. World University, Inc. 978 F.2d 1016 Cherena v. Coors Brewing Co.20 F. Supp. 2d 282286National Metal Finishing Com. v. BarclaysAmerican/Commercial, Inc.899 F.2d 119123 See See Cochran v. Quest Software Inc.328 F.3d 111DENIES

However, the court notes the potential for wasted resources if the only surviving claim continues, only to later be dismissed due to Eleventh Amendment immunity. It is in the trial court's discretion to allow consideration of the immunity defense because suit in violation of the Eleventh Amendment would be a manifest error of law. Because the court has already referred the remaining claim to Magistrate Judge McGiverin for a Report and Recommendation, the court finds the most efficient solution is for Magistrate Judge McGiverin to incorporate an analysis of the Eleventh Amendment within the Report and Recommendation. In doing so, Judge McGiverin will determine if any prospective injunctive relief is warranted, or if the injunctive relief may include any other retroactive remedy.

III. Conclusion

Pursuant to the opinion and analysis above, the court DENIES Defendant's motion for reconsideration as to the non-joinder of JREF as a necessary party. The court REFERS the issue of Eleventh Amendment immunity to Magistrate Judge McGiverin for inclusion in the Report and Recommendation.

SO ORDERED.

In San Juan, Puerto Rico.


Summaries of

Martinez-Rivera v. Commw. of Puerto Rico

United States District Court, D. Puerto Rico
Dec 1, 2011
Civil No. 11-1184 (GAG) (D.P.R. Dec. 1, 2011)

declining to address Eleventh Amendment immunity defense first raised in motion for reconsideration, but referring issue to magistrate judge for a report and recommendation

Summary of this case from Municipality San Sebastian v. Commonwealth
Case details for

Martinez-Rivera v. Commw. of Puerto Rico

Case Details

Full title:MARTINEZ-RIVERA v. COMMW. OF PUERTO RICO

Court:United States District Court, D. Puerto Rico

Date published: Dec 1, 2011

Citations

Civil No. 11-1184 (GAG) (D.P.R. Dec. 1, 2011)

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Municipality San Sebastian v. Commonwealth

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