Legal Opinion
Popular Auto, LLC v. Guerrero-Rivera
District Court, D. Puerto Rico
Decided September 18, 2014No. Civil No. 13-1612 (PAD)Published
1Opinion of the Court
*370OPINION AND ORDER
PEDRO A. DELGADO-HERNÁNDEZ, District Judge.
Before the Court is defendant’s “Motion to Dismiss,” Docket No. 10, which plaintiff opposed at Docket No. 13. For the reasons explained below, defendant’s motion is DENIED.
I. BACKGROUND
Popular Auto, LLC filed this deficiency action in admiralty against Francisco Guerrero-Rivera pursuant to 46 U.S.C. § 951, as amended by 46 U.S.C. § 31325 (Docket No. 1). It contends that in 2012, Guerrero-Rivera executed a First Preferred Ship Mortgage (“Ship Mortgage”) on the vessel MTV GOZADERA (the “vessel” or “GOZADERA”), to secure all obligations…
2Cases cited7 opinions
- Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001
- Nowak v. Ironworkers Local 6 Pension FundCourt of Appeals for the Second Circuit · 1996
- McCulloch v. Velez-MalaveCourt of Appeals for the First Circuit · 2004
- Merlonghi v. United StatesCourt of Appeals for the First Circuit · 2010
- Barclays Bank PLC v. PoynterCourt of Appeals for the First Circuit · 2013
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