Case: 12-2145

Document: 00116452645

Page: 1

Date Filed: 11/05/2012

Entry ID: 5687770

CASE NO.: 12-2145 IN UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT MYRNA COLÓN-MARRERO Plaintiff-Appellant VS. HÉCTOR J. CONTY-PÉREZ, et al Defendants-Appellees 12-CV-1749 CONSOLIDATED OPPOSITION TO URGENT REQUESTS FILED BY CO-DEFENDANTS MUNDO AND CONTY TO HONORABLE COURT: COMES NOW defendant-appellee Eder Ortiz-Ortiz, in his official capacity as Electoral Commissioner for the Popular Democratic Party (hereinafter referred to as “PDP”), through the undersigned counsel and very respectfully SETS FORTH and PRAYS: Earlier today, co-defendants Edwin Mundo-Ríos and Héctor Conty-Pérez filed red-eye-hour motions seeking remedies concerning an order entered by the District Court yesterday afternoon. These parties’ motions fail upon the

application of one of the most basic axioms of appellate litigation. Last Friday, not only did the Court issue its opinion on the merits of
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Case: 12-2145

Document: 00116452645

Page: 2

Date Filed: 11/05/2012

Entry ID: 5687770

plaintiff’s interlocutory appeal (remanding the case to the District Court for continued proceedings on, inter alia, plaintiff’s claims under HAVA), but it also issued its mandate. A Court of Appeals’ mandate is considered to be effective on the date of issuance. See Fed. R. App. P. 41(c). As this Honorable Court has remarked the “issuance of the mandate formally marks the end of appellate jurisdiction.” Boston & Me. Corp. v. Town of Hampton, 7 F.3d 281, 282 (1st Cir. 1993) (emphasis in the original) (citing Johnson v. Bechtel Associates Professional Corp., 801 F.2d 412, 415 (D.C. Cir. 1986)). Thus, this Honorable Court does not have jurisdiction over the requests filed earlier today. Conty and Mundo are not without recourse, as they have both appealed the District Court order that they now challenge and it is in that appeal where any possible remedy lies. WHEREFORE it is respectfully requested from this Honorable Court that the motions filed earlier today be hereby DENIED for want of jurisdiction. CERTIFICATE OF SERVICE Appellee hereby certifies that on this same date they have filed the foregoing with the Court’s Electronic Filing System, which will serve copy of the same, via e-mail, upon all registered attorneys of record. In San Juan, Puerto Rico this 5th day of November, 2012. RESPECTFULLY SUBMITTED,
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Case: 12-2145

Document: 00116452645

Page: 3

Date Filed: 11/05/2012

Entry ID: 5687770

PEDRO E. ORTIZ ALVAREZ, LLC P.O. Box 9009 Ponce, Puerto Rico 00732 Tel (787) 841-7575; 758-9356 Fax (787) 841-0000; 758-9243 /S/Jorge Martínez-Luciano JORGE MARTÍNEZ-LUCIANO USCA-1st Cir. No. 78539 e-mail: squalus@rocketmail.com /S/Emil Rodríguez-Escudero EMIL RODRÍGUEZ-ESCUDERO USCA-1st Cir. 117999 e-mail: emil@poapr.com

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