Case 3:97-cv-02639-JP Document 724

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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)

AMENDED ORDER FOR EXECUTION OF JUDGMENT Before the Court is Plaintiffs motion requesting execution of judgment (No. 710) because of Defendant Municipality of Adjuntas non-compliance with the terms of the judgment. Said motion is hereby GRANTED. By way of background, Plaintiffs filed this case on November 12, 1997 (No. 1). On November 14, 2006, the Court entered a consent judgment pursuant to the settlement agreement reached by the parties (No. 489). The settlement agreement, which was incorporated into the judgment, provides that Defendant would pay Plaintiffs $12,500,000.00 within 120 days from the entry of judgment. The Court retained jurisdiction to enforce the judgment if need be. Said judgment is final and unappealable, and the period agreed for the disbursement of the money owed has long passed. It appears from the record of this Court that Defendant Municipality of Adjuntas has failed to comply with the terms of the judgment. As such, and pursuant to Rule 69 of the Federal Rules of Civil Procedure, the Court hereby ORDERS the Clerk of Court to issue a writ

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for execution of judgment directing the United States Marshal for this District to proceed forthwith and seize any and all monies, funds, and/or property of Defendant Municipality of Adjuntas up to the amount of $4,025,000.00, plus interest at the legal rate from November 14, 2006 until full payment is received. The money to be seized shall include, but is not limited to, any and all monies deposited in any financial institution located in the Commonwealth of Puerto Rico such as Banco Popular de Puerto Rico, First Bank, Oriental Bank & Trust, Doral Financial Corporation, Banco Santander, Banco Bilbao Vizcaya Argentaria (BBVA), Scotiabank, and the Government Development Bank of the Commonwealth of Puerto Rico. It shall also include any monies retained, held or otherwise

deposited with the Department of Treasury of the Commonwealth of Puerto Rico, the Municipal Collections Center (CRIM) and any other financial institution holding deposits. The funds to be seized shall be funds retained, held or otherwise deposited in accounts in the name of, or on behalf of the Municipality of Adjuntas. The seized monies shall be deposited in an interest-bearing account of this Court for disbursement to Plaintiffs. In the event that the seized monies are insufficient to pay the amount owed, the Registry of Property of Ponce is hereby ORDERED to garnish all real estate properties registered and owned by the Municipality of Adjuntas. Said property SHALL be sold at public

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auction according to law until sufficient funds have been obtained to pay in full the amount owed to Plaintiffs. IT IS SO ORDERED. In San Juan, Puerto Rico, this 5th day of August, 2011. S/JOSE ANTONIO FUSTE JOSE ANTONIO FUSTE UNITED STATES DISTRICT JUDGE