Nunez Rodriguez-Jimenez Mencia v. Portes Paredes

Background

Petitioner Divanna Altagracia Nunez Rodriguez-Jimenez Mencia moved for attorneys’ fees and costs on August 22, 2023. The court referred the motion to Magistrate Judge Moses, who issued a report and recommendation on January 16, 2024. The recommendation proposed awarding Petitioner $19,220.50 in attorneys’ fees and $402 in costs.

Respondent Luis Cley Portes Paredes objected to the recommendation on February 14, 2024, and submitted additional evidence. Under Federal Rule of Civil Procedure 72(b)(3), the district judge may consider further evidence when resolving objections.

Evidence the Court Required

Respondent submitted bank statements, tax returns, pay stubs, an affidavit about his assets, and translated screenshots of messages. The court observed that the bank statements showed transfers to and from an account ending in 9473, but Respondent had not provided records for that account. The court also noted that the English translation of the messages was not certified.

Order

The court ordered Respondent, by March 1, 2024, to provide records for the account ending in 9473 and any other accounts or assets he may own, along with a complete statement of income and expenses. He also had to submit a sworn statement under penalty of perjury confirming that the financial information was complete and accurate.

The court separately ordered Respondent to submit a certified translation of the messages and a sworn statement confirming their accuracy by the same date. Any reply from Petitioner was due March 5, 2024. This order required additional submissions; it did not state a final ruling on the recommended attorneys’ fees and costs.