950 F. Supp. 2d 341
D.P.R.2013Background
- Endocare, Inc. seeks to enforce a Texas default judgment against Technologias Urológicas, Inc. in a diversity action.
- Defendant moved to dismiss under Rule 12(b)(1) but the court denied the motion.
- Plaintiff obtained a Texas judgment on November 30, 2011 for $230,454.44.
- Defendant allegedly has not paid any portion of the Texas judgment.
- Plaintiff filed the enforcement action on March 30, 2012 and seeks post-judgment interest of $4,419.67.
- Plaintiff is a Delaware corporation with principal place of business in Texas; Defendant is a Puerto Rico corporation with principal place of business in Puerto Rico.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court has jurisdiction to enforce a state court judgment | Plaintiff asserts federal court in diversity may enforce the Texas judgment via exequatur. | Defendant argues enforcement jurisdiction is restricted and not available here. | Court has jurisdiction to enforce state court judgment; exequatur proceedings required. |
Key Cases Cited
- Tucker Anthony Mgmt. Corp. v. Holden, 716 F. Supp. 716 (D.P.R. 1989) (federal court authority to conduct exequatur in Puerto Rico)
- Ex Parte Marquez Estrella, 128 D.P.R. 243 (1991) (exequatur standards for recognizing foreign judgments in Puerto Rico)
- Aviles v. P.R. Tel. Co., 177 D.P.R. 369 (2009) (exequatur factors for Puerto Rico recognition of a state judgment)