IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

Inducol S.A., INDUCOL

* CIVIL NO. 12-2053 ( GAG) (BJM)

PLAINTIFF
*
V.

Sr. Candido Gutierrez and General

*
Distribution Co.
DEFENDANTS
*

CIVIL ACTION
COLLECTION OF MONIES
PLAINTIFF DEMANDS
TRIAL BY JURY

JOINT MOTION FOR CONSENT JUDGMENT

TO THE HONORABLE COURT:

Comes now, Plaintiffs Inducol S.A and Defendant Candido Gutierrez both
represented by their undersigned attorneys and most respectfully allege and pray
WHEREAS, on October 23, 2013 (DN 34) this Honorable Court issued a partial
judgment in Plaintiffs favor and against Defendant, for the amount of $93,879.40
Dollars, plus 6% legal prejudgment interest, accruing since the invoices became
due.
Whereas, the original amount claimed by Plaintiff in this lawsuit is $117,645.39
Dollars .
WHEREAS, recognizing the costs of litigation, and the fact that a trial is scheduled
for November 4, 2013, the parties wish to resolve all pending claims and

differences between them and a consequence of the instant agreement set aside the
November 4, trial date, as unnecessary and formally request the Honorable court
to issue a judgment at this time, under the following terms and conditions;
NOW, THEREFORE, for and in consideration of the promises and the representations,
warranties and covenants hereinafter set forth, the parties hereby acknowledge the
receipt and sufficiency of which, the parties agree as follows:

1.

Defendant hereby accepts the October 23, 2013 this Honorable

Courts judgment of $93,879.40 with 6% legal interest as final
and unappealable.

2.

In exchange of the instant agreement the parties formally agree

to a payment plan in Plaintiffs favor subject to the following
terms and conditions.

3.

Defendant shall pay Plaintiff, today November 1st, 2013, an

initial amount of $ 5,000.00 Dollars in certified check payable
to Inducol S.A.

4.

The balance of $88,379.40 Dollars, shall be paid by Defendant

to Plaintiff in 36, (Thirty Six) $2,703.88 monthly installments,
in checks payable to Plaintiff Inducol S. A. starting on
December 1st, 2013, and successively each month on monthly
installments up and until December 1 st 2016,(final payment)
payable not later than the first five days of each successive
month, until final payment.

5.

The October 23, judgment entered by this Honorable Court

include 6% legal rate and will continue to accrue interest until
final payment.

6.

It is hereby expressly agreed by the parties that in case that

Defendant does not comply with any, of the payments
installments agreed to, within the dates specifically agreed, the
payment plan hereby agreed shall be cancelled, null and void,
as a consequence Plaintiffs shall be entitled to accelerate
collection of the full amount owed automatically increased
without no further proceedings to the full amount Dollars
originally claimed in this lawsuit and judgment of $117,645.39
is hereby entered plus 6% legal interest accruing as agreed
until final payment. Any monies paid by Defendant prior to its
non-compliance with the payment plan agreed hereby, shall be
credited and deducted from the monies balance owed to
Plaintiff. In such a case Plaintiff shall be entitled to
immediately collect the balance of the monies owed plus a legal
interest and execute judgment, by Writ of Execution. In case of
an execution of judgment. Defendant shall also pay Plaintiff ,
an additional amount of 10% attorneys fees of the balance owed
at the time, that will be automatically added to the balance of
the amount claimed, included and authorized in the Execution
of Judgment.

7.

All of the parties have had an adequate opportunity to discuss

and assess the merits of all their claims or potential claims with their attorney of
record.
3

8.

The parties to this case hereby consent that this Honorable

Court enters judgment in the terms hereby stated.

9.

This

CONSENT

JUDGMENT

Settlement

constitutes the entire Settlement Agreement between the parties.

Agreement
No other

covenants, promises, representations or warranties of any kind have been made

between the parties except as explicitly set forth herein.
10.

No provision of this Settlement Agreement may be waived,

modified or altered except in writing executed by the parties hereto.

11.

Should any provision of this Settlement Agreement be declared

or be determined by any court to be illegal or invalid, the validity of the remaining

parts, the terms or provisions shall not be affected thereby and said illegal or
invalid part, term, or provision shall be deemed not to be a part of this Settlement
Agreement.
12.

Defendant confirms and states that they have carefully read the

foregoing Consent Judgment and know the contents thereof and sign their name of
their own free will.
CANDIDO GUTIERREZ
Defendant:

________
CARLOS J. SANCHEZ ROMAN
USDC#220511
Attorneys of Record for Candido
Gutierrez Services
Carlos j. Sanchez Law Offices,
PO Box 192898
San Juan, PR 00919-2898

/S/Carlos J Sanchez Roman

Dated:

JOS ANTONIO PAGN-NIEVESOn Behalf of Plaintiff Inducol

Attorneys for Plaintiff Inducol
PMB 305,1357 Ashford Av.
San Juan, PR 00907
/S/ Jose Antonio Pagan-Nieves