DISCURSO PRONUNCIADO POR EL COMANDANTE EN JEFE FIDEL CASTRO RUZ, PRIMER. SECRETARIO DEL COMITE CENTRAL DEL PARTIDO COMUNISTA DE CUBA Y PRESIDENTE DE LOS. CONSEJOS DE ESTADO Y DE MINISTROS, AL RECIBIR LA LLAVE DE LA CIUDAD, EN EL. PALACIO DE LA INTENDENCIA,DISCURSO PRONUNCIADO POR EL. COMANDANTE FIDEL CASTRO RUZ, PRIMER SECRETARIO DEL COMITE CENTRAL DEL PARTIDO. COMUNISTA DE CUBA y PRIMER. Arriba: “Radio Miraflores. Aviso promocional de 1985. Por Gregorio Huaroto, colaborador de Arkivperu. Era un tiempo pajita, ahora ya lejano. A pesar de saber que 'la vida te da sorpresas', sigo experimentando peri MINISTRO DEL GOBIERNO REVOLUCIONARIO, EN LA CONMEMORACION DEL IX ANIVERSARIO. DEL ASALTO AL PALACIO PRESIDENCIAL, CELEBRADA EN LA ESCALINATA DE LA. UNIVERSIDAD DE LA HABANA, EL 1.
DE MARZO DE 1. 96. DEPARTAMENTO DE VERSIONES TAQUIGRAFICASDEL GOBIERNO REVOLUCIONARIO)Compa. Y ese sistema es superior a cualquier. Revoluci. Por eso, en esta Revoluci. A hearingon damages was held on April 5, 2. Case 3: 0. 7- cv- 0. JA Document 2. 28 Filed 0. Page 1 of 2. 7CIVIL 0. JA) 2. I. FACTUAL AND PROCEDURAL BACKGROUNDIn 2. Roberto Morgalo, Arturo Mart. Blades to commemorate the album“Siembra” originally released in 1. Morgalo’s company acting as an agent onbehalf of Mr. According to the contract,Mr. Blades were to receive a $3. Blades was solely responsible for breaching the contract.(Docket No. On April 2. 9, 2. Mr. Blades replied on May 9, 2. On June 5,2. 00. 8, Mr. Blades sought indemnification from Mr. Morgalo in his personal capacity. Case 3: 0. 7- cv- 0. JA Document 2. 28 Filed 0. Page 2 of 2. 7CIVIL 0. JA) 3and as owner and member of M. M. A., and also from M. M. A. Morgalo also filed a defamation claim against Mr. Blades and hiscompany, Blades Productions, Inc., in the United States District Court for the. Southern District of New York on May 2, 2. The claim wasconsolidated with this action on August 1. Blades’amended cross claim (Docket Nos. October 1. 7, 2. 00. Mr. Morgalo’s defamation claim. That claim wasdismissed on March 3. On April 2. 1, 2. Mr. Morgalo waived service of summons specifically onbehalf of M. M. A. Blades asked the Clerk of the Court to enterdefault against M. M. A. The Clerk entered default as to M. M. A. Blades moved for default judgment as to M. M. A. 1. 33.) Specifically, Mr. Blades asks for $1. On May 6 and May 7, 2. Mr. Morgalo, and M. M. A.(Docket Nos. STANDARD OF REVIEWA judgment by default pursuant to Federal Rule of Civil Procedure 5. A Charles Alan Wright,Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure Civil . The court may enter a judgment by default provided that“. Currency, 3. 56 F. Also, Rule. 55(b)(2) provides that “. Entryof default by the Clerk “constitutes an admission of all facts well- pleaded in thecomplaint.” Metropolitan Life Ins. Banco Bilbao Vizcaya Argentaria v. Family Restaurants, Inc(In re The Home Restaurants, Inc.), 2. F. 3d 1. 11, 1. 14 (1st Cir. Co., 1. 84 F. 3d 4, 9 n. Cir. Consequently, “adefaulting . However, the court may “examine . Sony Corp. Elm. State Elecs., Inc., 8. F. 2d 3. 17, 3. 21 (2d Cir. FINDINGS OF FACTAt all relevant times, Mr. Morgalo also was the owner, business proprietor, managermember, principal, agent, servant, representative and/or employee of M. M. A., andwas acting within the course and scope of such ownership, membership, agency. Case 3: 0. 7- cv- 0. JA Document 2. 28 Filed 0. Page 5 of 2. 7and employment. Morgalo andco- owner Mr. Morgalo and forty- nine percent (4. Mr. Morgalowas and served as president of the company and Mr. Morgalo then became the sole owner and member of M. M. A.(Id. Blades and Cheo Feliciano. Blades never received the money. Blades, over and above and independentfrom the balance of the fee owed to Mr. Blades for the Siembra Concert. Blades. Case 3: 0. JA Document 2. 28 Filed 0. Page 7 of 2. 7CIVIL 0. JA) 8received an up front advance of $6. M. M. A. Morgalo and his partner Mr. Morgalo directly or indirectly, usedor caused the balance of the fee due to Mr. Blades to be used to settle other. M. M. A. Morgalo maintained telephone or electronic communication with his partner. Mr. Bladesas to the payments made by the promoters under the Engagement Contract or togive information relevant to the affairs entrusted to the company as agents. Morgalo failed to pay Mr. Blades in accordance with the. Engagement Contract. Blades testified that he hadbusiness with M. M. A. 2. 14, at 3: 4- 7.) As far as Mr. Blades knew, Mr. Blades, he has performed in approximately tenshows with M. M. A. Blades woulddetermined how much money was going to be charged, and when payment wasgoing to be received. Blades liked to receive payment inadvance just in case a show did not go well. Bladeswould always try to figure out if the money was being paid on time. Blades explained that M. M. A. Blades informed as to available dates, and asked forhis consent before committing to a date for a concert. The percentage would vary if the show was big or small, or. Case 3: 0. 7- cv- 0. JA Document 2. 28 Filed 0. Page 9 of 2. 7CIVIL 0. JA) 1. 0if it was a benefit performance. Blades explained that M. M. A. Shustek or to himself. Blades authorized M. M. A. Blades also authorized. M. M. A. Blades he did notnegotiate on behalf of Mr. Blades testified that heand Mr. Blades would have to take care of everythingelse, such as hotels, airfares, per diems, musician’s fees, rehearsal. Blades received an advance of $6. Blades, nevertheless, called M. M. A. Blades stated during histestimony that he relied on the statements made by Mr. Blades talked to one of thepromoters of the concert and was sent copies of the payments to M. M. A. Blades, the promoters showed him a contractwhere it said that the $6. Siembra Concert. Blades testified that he never received $6. M. M. A. Blades stated that he did not authorize or consent to theapplication of the $6. Siembra Concert. Blades claimed that Mr. Rivas told him that Mr. Morgalo had authorized thatarrangement. Blades also testified that he never receivedthe balance of his fee before performing the Siembra Concert. Toro present,Case 3: 0. JA Document 2. 28 Filed 0. Page 1. 1 of 2. 7CIVIL 0. JA) 1. 2Mr. Blades that the company was going through a tough timebecause of some investments and that they started diverting funds to resolvetheir economic problems. Blades that they had received the money andthat it was used to pay other debts. Blades that the decision to divert funds was made by him and Mr. Blades went to the Treasury Department in Puerto. Rico. Blades testified that M. M. A. Bladesnever recovered the commission. Ariel Rivas testified that he has worked as a promoter and a bookingmanager for 1. Rivas is Danny Rivera’s agent. Rivas testified that he met with Mr. Rivas wanted to contract Mr. Blades to do a show in the. Dominican Republic with Mr. Morgalo to do a showwith Mr. Feliciano in Puerto Rico. Morgalosaid yes, and they came to an agreement. Rivastestified that Mr. Morgalo told him that there could be an anniversary celebrationof the Siembra album. Morgalothat he was interested in doing the show. Rivas and Mr. Morgalo agreed on a $3. Mr. Morgalo proposed that the money that had been deposited tothat point would be credited to the Siembra Concert. Rivas onlyhad to pay for the stage, sound, lights, and rentals. Morgalo in relation to the Siembra Concert, Mr. Morgalosaid he had been called to go to Iraq. Morgalonever told him that the company was under financial distress. Rivas received a fax from M. M. A. Rivas also received a letter signed by Mr. Blades five or six days prior to the concert. Rivas was shown a copy of an engagementcontract. Rivas examined the document and stated thatcontract was different than the one that had been given to him. According to Mr. Rivas, the contract that was shown to him required adeposit of $6. Blades that the money had been sent to his representative, M. M. A., in April. 20. Siembra Concert. Rivas answered that heonly negotiated with Mr. Roberto Morgalo was called as an adverse witness. Morgalo reported to his unit on. January 1. 6, 2. 00. January 2. 1,2. 00. Morgalo left the continental United States on March 2. Id.) According to Mr. Morgalotestified that as president he had a fifty one percent (5. M. M. A., hadthe authority to sign contracts, and sought grants, sponsorships, and loans. Morgalo was responsible forfinding the best deals for his clients. Morgaloacknowledged that as an agent he owed a duty of diligence and loyalty to hisclients. Morgalo admitted thathe had a duty to let a client know when payments were received. Morgalo testified that he received an offer for a show in the Dominican. Republic with Mr. Morgalo adeal was not signed. Morgalo also negotiated with Mr. Rivas. Case 3: 0. JA Document 2. 28 Filed 0. Page 1. 6 of 2. 7CIVIL 0. JA) 1. 7to do another show with Mr. Feliciano but it was canceled by Mr. Morgalo admitted that even though the show with Mr. Feliciano hadbeen canceled, Mr. Rivas made a deposit for $6. Morgalo, he notified Mr. Blades about the payments that weremade to M. M. A. Blades had agreed to applythe $6. February 1. 6, 2. Mr. Morgaloanswered that Mr. Blades had not agreed. Morgalo admitted that M. M. A. Morgalo to pay other loans.(Id. Morgalo testified thathe received in that same year $1. Morgalo denied talking to Mr. Morgalo denied instructing Mr. Mart. Morgalo admitted thatprior to his deployment he had received a total of $3. Morgalo was in Iraq he foundout that something had happened with Mr. Morgalo immediately called Mr. Blades but was not able to get a hold. Case 3: 0. 7- cv- 0. JA Document 2. 28 Filed 0. Page 1. 7 of 2. 7CIVIL 0. JA) 1. 8of him so he contacted Mr. Morgalo testifiedthat Mr. Toro told him that Mr. Morgalo wrote a letter to. Mr. Morgalo also submitted an application to the SBAfor a loan enlargement. Morgalowas to pay the money that was owed to Mr. Morgalo admitted that. M. M. A. Morgalo testified that the money sent was for the concert between Mr. Morgalo testified that the $6. Siembra Concert. Morgalo was the one who negotiated the Siembra. Concert with Mr. Bladeswas sent the $6. Mr. Morgalo knew that he had received money from Mr. Morgalo werethe ones who agreed to apply the money as a credit. Blades about the money. Morgalo kept in touch after Mr. Morgalo was deployed to. Iraq, and that Mr. Morgalo was aware of the situation with M. M. A. Morgalo was applyingfor and that he participated in the process. Jurisdiction. Cross- plaintiff Rub. Breach of Contract. When jurisdiction is based on diversity of citizenship, federal courts mustapply state substantive law. Valenzuela Fuentes v. Dictaphone Corp., 3. F. 2. 00. 4). Thus, Puerto Rico substantive law applies. Under the freedom of contract principle “the contracting parties mayestablish the agreements, clauses, and conditions they may deem convenient,Case 3: 0. JA Document 2. 28 Filed 0. Page 2. 0 of 2. 7CIVIL 0. JA) 2. 1provided that they are not contrary to law, morals, or public order.” Soc. Puerto Rico. Civil Code . A contract under.
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