D.P.R.170 05 PDF

Vicente J. Antonetti, Santurce, P. Green, Philip M. This matter is before the Court on defendants' motion for summary judgment to strike scandalous pleadings and to impose sanctions against plaintiffs' counsel. For the reasons stated below, we grant the defendants' motion in all respects.

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Kigajinn Plaintiffs also fail d. None of the members of the Digital Corp. For a lawsuit to be certified as a class action, the Court must determine that: Russell Stover Candies, Inc. No member of the Digital Corp. Royal Business Group, F. It is well settled that jurisdiction over the individual officers d. The conduct of business transaction occurring in Puerto Rico must be a purposeful act performed by the defendant upon whom personal jurisdiction is d.

Broadcast Service of Mobile, Inc. Alvarado Morales v. Digital Equipment Corp. Plaintiffs fail to indicate in their pleadings the method they used to calculate these damages. He testified that Digital Puerto Rico actually arranged for the Department of Labor to visit the plant and address the employees while they were in the transition area. Doriot, as individuals and in their capacities as Digital Corp. Superior Cosmetic Distributors Corp. Plaintiffs fail to plead facts sufficient to show that the claims of the plaintiffs are typical of the claims d.

Where the non-moving party fails to set forth facts which indicate that there is a genuine issue to be tried, the Federal Rules of Civil Procedure require that summary judgment be granted. Indeed, the claims or defenses of the named plaintiffs are most likely atypical of the claims d.

Nazario admit that they have never heard of a Board of Directors or of officers of Digital Puerto Rico. That counsel may only have made a mistake, Weisman, F. See, Inland Rubber Corp. They admit many of the material facts set forth by the defendants. The new language is intended to reduce the reluctance of courts to impose sanctions, These requirements are mandatory, Id. Indeed, sanctions are mandatory, under Rule 11 where an attorney fails to make reasonable efforts to determine that his or her pleading is well grounded in fact.

Plaintiffs also asserted, to no legitimate purpose, that for some unspecified period Digital Corp. See, Mas Marques, F. See also, Affidavit of Vicente J. The signature of an attorney or party constitutes a certificate by him that he has read d. Plaintiffs present r. Board of Directors, moreover, has had any involvement whatsoever with the factual issues raised in the amended complaint.

See, Palhava de Varella-Cid v. See, Affidavit of Edward A. The first amended complaint is replete with allegations of a d. See, Hahn, F. In lieu of answering the amended complaint, pursuant to Rules 12 b and 56 of the Federal Rules of Civil Procedure, the defendants timely filed the instant motion for summary judgment.

There is a presumption of corporate separateness that must be overcome by clear evidence that the parent, in fact, controls the activities of the subsidiary. The representative parties are typical of the claims or defenses of the class. Plaintiffs fail to assert a legitimate independent basis for asserting jurisdiction over the individual defendants. Each of the individual defendants is a resident and citizen of the Commonwealth of Massachusetts, and none has been served with the complaint or amended complaint in this matter.

An affidavit that does not meet the standards of Rule 56 e is subject to a motion to strike. See, de Walker, F. The Clerk shall enter judgment accordingly. Sam Plaintiffs fail to allege any facts indicating that Digital Corp. Hallmark Cards, F. In support of their contention that Digital Corp. Plaintiffs merely submit a statement of the material facts as to which they contend there exists no genuine issue to be tried.

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Alvarado Morales v. Digital Equipment Corp., 669 F. Supp. 1173 (D.P.R. 1987)

In Ex Parte Delgado, D. Plaintiffs fail to indicate in their pleadings the method they used to calculate these damages. Even if the complaint were not defective as a matter of law as against Digital Corp. Plaintiff Morales has testified that he has no reasonable basis to believe that Digital Corp.


D.P.R.170 05 PDF

In Ex Parte Delgado, D. Finally, plaintiffs concede that Digital Puerto Rico is the sole employer of the named plaintiffs and that a bona fide parent-subsidiary relationship exists between Digital Dp. Plaintiffs alleged in their first amended complaint, filed on June 19,that they were long-time employees of the defendants who had significantly contributed to Digital Corp. Plaintiffs admit that Digital Corp.

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