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Case 3:97-cv-02639-JP Document 715

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

LUIS A. ACEVEDO-GARCA, et al., Plaintiffs v. MUNICIPIO DE ADJUNTAS, et al., Defendants CIVIL NO. 97-2639 (JP)

MEMORANDUM TO MAYOR BARLUCEA AND THE MUNICIPALITY OF ADJUNTAS This Memorandum supplements the Courts Order granting

Plaintiffs motion for execution of judgment (No. 712). In 1997, eighty-two (82) individuals sued the Municipality of Adjuntas

(Adjuntas), Roberto Vera-Monroig as Mayor of Adjuntas, and Irma M. Gonzalez-Delgado as Personnel Director of Adjuntas alleging that they were dismissed from their employment based on their political

affiliation. A jury awarded a sample of twenty (20) of the Plaintiffs $6,956,400.00. Acevedo-Garcia v. Vera-Monroig, 368 F.3d 49, 50 (1st Cir. 2004). The other Plaintiffs settled on the basis of the figure

returned by the jury in the first trial. On November 14, 2006, the Court entered Final Judgment pursuant to the settlement agreement between Defendants and the remaining sixty-two (62) Plaintiffs. The Final Judgment was signed by: (1) U.S. District Court Judge Jaime Pieras Jr.; (2) Israel Roldan-Gonzalez, counsel for Plaintiffs; (3) Ana Margarida-Julia, counsel for

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Defendants Roberto Vera-Monroig and Irma Gonzalez-Delgado; (4) Harry Segarra-Arroyo, counsel for Adjuntas; and (5) the Honorable Jaime Barlucea, Mayor of Adjuntas (Barlucea). See Appendix 1. Under the terms of the voluntary agreement, Plaintiffs would receive the amount of $12,500,000.00 within 120 days from the entry of judgment (Nos. 489 and 490). Thereafter, Defendants failed to comply with the settlement agreement they voluntarily entered into. In an effort to collect on the money owed to them, Plaintiffs over the last few years have filed numerous motions requesting execution of judgment and/or the entry of a finding of contempt against Defendants (Nos. 491, 497, 505, 559, 570, 580, 582, 583, 603, 605, 627, 641, 644, 660, 689, 702). The Court has also met with the parties on numerous occasions in order to assist Defendants in finding a way to comply with the judgment (Nos. 503, 520, 546, 599, 616, 640, 675, 709). Even though over four (4) years have passed from the entry of judgment, Defendants have still not complied with the obligations they voluntarily accepted. They have made various sporadic payments and a $6,000,000.00 payment (No. 695).1 At the same time Defendants have failed to comply with their obligations, Adjuntas, through its Mayor, has undertaken numerous non-essential expenditures such as

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It is worth noting that most of the payments made, if not all, have required some form of Court intervention. It is incredible how Adjuntas simply cannot follow through on its commitment to Plaintiffs. The Court has even had to resort to warning Adjuntas that failure to make a payment would result in the appointment of a trustee (No. 591).

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student group trips to Alaska, Spain and, most recently, China (Nos. 660). Also, instead of complying with its obligations, Defendants have apparently obtained loans for other purposes in the amount of over $4,000,000.00 (No. 702). At this point, the Court has been left with no other options but to grant the order for execution of judgment. No further noncompliance from Barlucea and Adjuntas can be tolerated. Barlucea and Adjuntas have no one to blame but themselves for the position they are in. While it is true that Roberto Vera-Monroig was the Mayor of Adjuntas when Plaintiffs were dismissed, it is also true that Barlucea was the one who voluntarily entered into a settlement agreement with Plaintiffs and who signed the judgment itself.2 Also, Adjuntas seems to be under the impression that the Department of Justice of the Commonwealth of Puerto Rico is obligated to bail them out by paying for the settlement. This request has been denied numerous times. It is time for Adjuntas to step up and accept their obligation. If Adjuntas did not have $12,500,000.00 in 2006, then Barlucea should not have agreed to pay said amount in order to settle the case. For whatever reason, Adjuntas bound itself to pay an amount of money it apparently did not have. Said behavior is unacceptable and against the best interest of the people of Adjuntas.

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If Adjuntas feels that Roberto Vera-Monroig should contribute financially, as he probably should, then Adjuntas should sue him directly, or seek indemnification remedies against Vera-Monroig for the judgment amount, inasmuch as he was the one who became personally liable for violation of civil rights.

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Throughout this case Defendants have gone out of their way to delay payment of their obligations and, in a sense, we have aided them by delaying the inevitable. The First Circuit Court of Appeals has accurately explained the behavior of Adjuntas and its Mayor with regard to the payment of the verdict owed to twenty (20) of the Plaintiffs: The defendants have now had nearly thirty months since the district courts December 2001 judgment to plan how to meet their obligations should the judgment be affirmed. They have not done so. On the contrary, they have engaged in what appears to be a deliberate strategy of obstruction and delay. The consequences of defendants initial illegality and continuing irresponsibility should fall on them. If there are ramifications under Puerto Rico law for the defendants failure to meet their obligations under federal law, so be it-it is not the function of the federal courts to extricate defendants from a mess of their own making. Had defendants applied themselves with diligence to addressing the problem, rather than engaged in willful blindness, we doubt this matter would be before us for the fourth time. Acevedo-Garcia, 368 F.3d at 59 (emphasis added). It appears that the First Circuits admonishment has fallen on deaf ears. Adjuntas has inexcusably failed to comply with its obligation under the November 14, 2006 Final Judgment. At every turn, Barlucea and Adjuntas have sought to point the finger at everyone but themselves, including at the undersigned. Unfortunately for Defendants, in the end, there is a Final Judgment in this case which was agreed to and signed by Defendants and Barlucea. The Court will not continue to waste its time helping Adjuntas escape the mess it has created. It is in the

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public interest that Adjuntas and its Mayor be held responsible for their own decisions. I must note that my family is originally from Adjuntas. Nothing saddens me more than having to grant an execution order against Adjuntas. However, it is completely unacceptable to allow Adjuntas or any other municipality, person or entity to escape its obligations and to provide it with special treatment which the law does not provide. Over four (4) years is more than sufficient time for Adjuntas and Barlucea to comply with its obligations. They have not. It is time for Barlucea and Adjuntas to accept the obligations they chose to undertake when they settled this case. In sum, it is about time that Mayor Barlucea stops his ay bendito conferences, trying to gain support and public pity for something that is Adjuntas own making. It is time for Barlucea to

stop his whining attacks and finger-pointing at the presiding judge as if we had engaged in some sort of illegal act by simply doing what the law says should be done to enforce a judgment that Barlucea agreed to. Consider bankruptcy protection if available. Enough is enough put up, act intelligently as a public official should, or shut up! IT IS SO ORDERED. In San Juan, Puerto Rico, this 1st day of August, 2011.

S/JOSE ANTONIO FUSTE JOSE ANTONIO FUSTE UNITED STATES DISTRICT JUDGE

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