Gustavo Antonio Gelpí Jr.

How Judge Gelpí rules, drawn from 23 signed orders. Every observation links to the order it came from.

Judge Gelpí no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. District Court for the District of Puerto Rico
Position
district
Status
Elevated to a higher court
Served
2006–2021
Appointed by
George W. Bush (Republican)
Commissioned
2006-08-01
Education
Brandeis University (B.A., 1987); Suffolk University Law School (J.D., 1991)
Signed orders read
23

How Judge Gelpí decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A due-process defect in a medical-school accreditation appeal justified new administrative review by a conflict-free panel.

“The court further orders LCME to appoint a new appeals panel to review SJB's appeal ab initio.”

The court found meaningful-access concerns where the plan administrator did not provide the documents used to deny benefits within the appeal period.

“the undisputed evidence shows that Plaintiff was denied meaningful access to ‘a full and fair review’ of her LTD benefits claim.”

Procedural preferences

Reconsideration required overlooked controlling material or a recognized ground for altering the earlier decision.

“reconsideration will generally be denied unless the moving party can point to a controlling decision or data that the court overlooked”

Unsupported assertions in a summary-judgment response were disregarded rather than treated as evidence.

“Because the statements contained in Defendants’ opposition to summary judgment were only supported with citations to Defendants’ answer to the complaint, they were disregarded by the court”

Cautions

Detailed federal regulation alone did not transform a private insurer into a party acting under a federal officer for removal purposes.

“mere compliance with federal regulations is insufficient to warrant removal pursuant to 28 U.S.C. § 1442(a)(1)”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Citibank, N.A. v. Allied Management Group, Inc.
3-06-cv-01193-GAG · 2006-11-21
Motion for reconsideration (plaintiff) Denied

“the motion to reconsider is DENIED.”

Maldonado Morales v. Noya Monagas
3-08-cv-01703-GAG · 2010-07-23
Motion for reconsideration (defendant) Denied

“the court DENIES Co-defendant’s motion for reconsideration (Docket No. 213).”

Asociación de Enfermería Visitante Auffant, Inc. v. Great-West Life & Annuity Insurance Co.
3-09-cv-01514-GAG · 2011-01-27
Motions to dismiss (defendant) Granted

“the court ADOPTS Judge McGiverin’s recommendation in whole and accordingly GRANTS CPC’s motion to dismiss”

Motions to dismiss (defendant) Granted in part

“GRANTS in part and DENIES in part Metropolitan defendants’ motion to dismiss.”

CommoLoCo, Inc. v. Rivera-Polanco
3-10-cv-01613-GAG · 2010-10-21
Motions to dismiss (defendant) Granted

“the court hereby GRANTS FDIC’s motion to dismiss (Docket No. 23). The court DISMISSES with prejudice Plaintiff’s case against FDIC, Olivera, Muñoz-López, and the Olivera—Muñoz-López marital community.”

Del Valle Group v. Puerto Rico Ports Authority
3-10-cv-01834-GAG · 2010-11-22
Motions to dismiss (defendant) Granted in part

“the court GRANTS in part and DENIES in part Defendants’ motions to dismiss (Docket No. 71 & 73)”

Motions to dismiss (defendant) Granted in part
Preliminary injunction (plaintiff) Granted in part

“GRANTS in part and DENIES in part Plaintiff’s motion for preliminary injunction (Docket No. 3).”

Calderón-Serra v. Wilmington Trust Co.
3-10-cv-01905-GAG · 2011-10-04
Motions to dismiss (defendant) Granted

“the court GRANTS Defendants’ motions to dismiss at Docket Nos. 59 and 60. Plaintiffs’ state law claims are DISMISSED WITHOUT PREJUDICE.”

Motions to dismiss (defendant) Granted
Toledo-Colón v. Commonwealth of Puerto Rico
3-10-cv-02217-GAG · 2013-04-26
Motion to exclude and reopen discovery (plaintiff) Denied

“Plaintiff’s in limine motion to exclude Defendants’ exhibits and reopen discovery is hereby DENIED.”

Motions to strike (defendant) Granted

“the court GRANTS Defendants’ motion to strike Plaintiff’s statement of material facts (Docket No. 153)”

Motion to deem facts unopposed (defendant) Granted

“GRANTS Defendants’ motion to deem Defendants’ statement of uncontested facts as unopposed (Docket No. 154)”

Summary judgment (defendant) Granted

“GRANTS Defendants’ motion for summary judgment (Docket No. 116).”

Toledo-Colón v. Commonwealth of Puerto Rico
3-10-cv-02217-GAG · 2013-07-26
Motion to amend judgment (plaintiff) Denied

“the court DENIES Plaintiff’s motion to amend judgment”

Motion for reconsideration (plaintiff) Denied

“DENIES Plaintiff’s motion for reconsideration.”

Situ v. O’Neill
3-11-cv-01225-GAG · 2015-09-25
Motion for reconsideration (defendant) Denied

“Defendants’ motion to reconsider at Docket No. 412 is hereby DENIED”

Quiñones Luiggi v. Commonwealth of Puerto Rico
3-11-cv-01894-GAG · 2011-09-27
Motion for reconsideration (plaintiff) Denied

“The motion for reconsideration is hereby DENIED.”

Escuela de Medicina San Juan Bautista, Inc. v. Liaison Committee on Medical Education
3-11-cv-02014-GAG · 2011-10-28
Preliminary injunction (plaintiff) Granted in part

“Therefore, the court vacates the appeals panel decision affirming the withdrawal of SJB's accreditation. The court further orders LCME to appoint a new appeals panel to review SJB's appeal ab initio.”

Maldonado v. Plaza-Batistini
3-11-cv-02047-GAG · 2012-05-14
Motion for reconsideration (defendant) Denied

“For the foregoing reasons, Defendants’ motion is DENIED.”

Caseload & timing

From public federal docket records for this judge.

The oldest sampled matters include civil-rights, Miller Act, foreclosure, prison-conditions, criminal, maritime-contract, product-liability, and Social Security cases. The docket sample is too small and incomplete for a base-rate claim.

A historical record

Judge Gelpí no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.