Iberia Lineas Aereas De Espana v. Velez-Silva

OPINION AND ORDER

CEREZO, District Judge.

This action is before us on a Motion to Dismiss for Lack of Subject-Matter Jurisdiction under Rule 12(b)(1), Fed.R.Civ.P., filed by defendant Xenia Vélez-Silva in her official capacity as Secretary of the Treasury of the Commonwealth of Puerto Rico (docket entry 42) and opposed by plaintiff Iberia Líneas Aéreas de España (Iberia) (docket entry 44). The Secretary contends that plaintiffs causes of action should be dismissed because: (a) any monetary relief against the defendant, in her official capacity would be barred by the Eleventh Amendment; and, (b)…