GIRALD TORRES et al v. CUEVAS BAUZA et al

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
EDWIN GIRALD TORRES
MYRNA PEREZ MORALES,
Debtor(s).
Case No. 08-04131 (MCF)
Chapter 13
EDWIN GIRALD TORRES
MYRNA PEREZ MORALES,
Plaintiff(s),
Adv. No. 09-00058 (MCF)
v.
HECTOR 	W. 	CUEVAS 	BAUZA, 	SYLVIA
LEBRON 	QUINTANA, 	CONJUGAL
PARTNERSHIP COMPROSED BY THEM,
Defendant(s).
FILED & ENTERED ON 10/19/2011
DECISION AND ORDER
Defendants moved the Court for entry of summary judgment based
on the following issues: (a) Plaintiffs' lack of standing to bring
the instant Complaint because they are not the owners of the real
estate property in question since September 28, 2006; (b) the lack
of 	a 	binding 	lease 	agreement 	between 	Plaintiffs 	and 	Defendants
after 	September 	28, 	2006 	(date 	in 	which 	the 	real 	estate 	property
was sold to Ramon Alvarez Lombana); and (c) Plaintiffs' failure to
include 	Ramon 	Alvarez 	Lombana 	as 	an 	indispensable 	party 	to 	the
instant 	Complaint 	(Docket 	No. 	27). 	In 	support 	of 	their 	request,
Case:09-00058-MCF Doc#:29 Filed:10/19/11 Entered:10/19/11 16:37:57 Desc: Main
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Defendants have accompanied their motion for summary judgment with
an unsworn statement under penalty of perjury, as well as certain
undisputed documentary evidence (Docket No. 28).
Both 	the 	motion 	for 	summary 	judgment 	and 	the 	statement 	of
uncontested 	material 	facts 	stand 	unopposed. 	A 	party's 	failure 	to
provide 	a 	response 	to 	the 	movant's 	statement 	of 	undisputed 	facts
shall 	cause 	the 	Court 	to 	deem 	each 	of 	the 	movant's 	facts 	as
admitted. 	Local 	Dist. 	Ct. 	R. 	56(e), 	as 	made 	applicable 	to 	these
proceedings through Local Bankr. R. 1001-1(d).
Because 	there 	is 	no 	disputed 	issue 	of 	material 	facts, 	and
given that Defendants are entitled to summary judgment as a matter
of law, Defendants' motion for summary judgment is hereby GRANTED.
WHEREFORE, 	the 	instant 	Adversary 	Proceeding 	shall 	be, 	and
hereby is, DISMISSED, subject to the imposition of costs in favor
of 	Defendants. 	Defendants 	are 	hereby 	ORDERED 	to 	file 	a 	Bill 	of
Costs within a period of fourteen (14) days.
SO ORDERED.
San Juan, Puerto Rico, this 19th day of October, 2011.
Mildred Caban Flores
U.S. Bankruptcy Judge
Case:09-00058-MCF Doc#:29 Filed:10/19/11 Entered:10/19/11 16:37:57 Desc: Main
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