UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO: 21-23103-CV-BLOOM/OTAZO-REYES

CASA EXPRESS CORP. as Trustee of

CASA EXPRESS TRUST, 

Judgment Creditor, 

v. 

BOLIVARIAN REPUBLIC OF

VENEZUELA,

 Judgment Debtor. 

______________________________________/ 

CASA EXPRESS CORP. as Trustee of

CASA EXPRESS TRUST, 

Plaintiff,

v. 

RAUL GORRIN BELISARIO, et al.,

Impleaded Defendants.

______________________________________/ 

REPORT AND RECOMMENDATION RE: D.E. 158 

THIS CAUSE came before the Court upon Impleaded Defendants Collins Apt. 4401, LLC 

and Fisher Isl. 7043, LLC’s (together, “Caballero Entities”) Motion to Vacate Order Granting Ex 

Parte Emergency Motion to Implead Third Parties (ECF NO. 126) and Motion to Dismiss Pursuant 

to Rule 12(b)(6) of the Federal Rules of Civil Procedure (hereafter “Motion to Vacate and to 

Dismiss”) [D.E. 158]. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636 by 

the Honorable Beth Bloom, United States District Judge [D.E. 148]. The undersigned held a 

hearing on this matter on March 6, 2023 [D.E. 172]. 

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Having fully considered the parties’ arguments and the pertinent portions of the record, the 

undersigned respectfully recommends that the Caballero Entities’ Motion to Vacate and to Dismiss 

be STAYED for purposes of judicial economy, pending further proceedings in Antonio Caballero 

v. Fuerzas Armadas Revolucionarias de Colombia, et al, Case No. 18-cv-25337-KMM (S.D. Fla.)

(hereafter, “Case 18-25337”). 

PROCEDURAL BACKGROUND

Plaintiff/Judgment Creditor Casa Express Corp. as Trustee of Casa Express Trust (“Casa 

Express”) commenced this action on August 27, 2021, by registering an Amended Final Judgment 

issued by the Southern District of New York against Judgment Debtor Bolivarian Republic of 

Venezuela (“Judgment Debtor” or “Venezuela”) [D.E. 1]. On September 10, 2021, Casa Express 

filed its Ex Parte Expedited Motion to Commence Proceedings Supplementary, to Implead 

Defendants, and for Issuance of Statutory Notices to Appear (“Motion for Proceedings 

Supplementary”), invoking Rule 69(a) of the Federal Rules of Civil Procedure (hereafter, “Rule 

69(a)”) and Fla. Stat. § 56.29 [D.E. 3].1

Casa Express’ Motion for Proceedings Supplementary was granted on September 14, 2021 

[D.E. 4]. Thereafter, the Court issued Statutory Notices to Appear directed at Raul Gorrin 

Belisario (“Gorrin”) [D.E. 15] and RIM Group Investments Corp., RIM Group Investments I 

Corp., RIM Group Investments II Corp., RIM Group Investments III Corp., Posh 8 Dynamic Inc., 

and Planet 2 Reaching Inc. (hereafter, “Respondent Entities”) [D.E. 8–13]. The Statutory Notices 

advised Gorrin and the Respondent Entities that Casa Express seeks to satisfy the Amended Final 

1 Rule 69(a) provides, in pertinent part: “A money judgment is enforced by a writ of execution, unless the 

court directs otherwise. The procedure on execution—and in proceedings supplementary to and in aid of 

judgment or execution—must accord with the procedure of the state where the court is located, but a federal 

statute governs to the extent it applies.” Fed. R. Civ. P. 69(a). Thus, Fla. Stat. § 56.29 governs these 

proceedings supplementary. 

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Judgment in these proceedings supplementary, pursuant to Fla. Stat. § 56.29, by executing on the 

following properties variously titled in the Respondent Entities’ names: 144 Isla Dorada 

Boulevard, Coral Gables, Florida 33143; 4100 Salzedo Street, Unit 1010, Coral Gables, Florida 

33146; 4100 Salzedo Street, Unit 608, Coral Gables, Florida 33146; 4100 Salzedo Street, Unit 

807, Coral Gables, Florida 33146; 4100 Salzedo Street, Unit 813, Coral Gables, Florida 33146;

4100 Salzedo Street, Unit 913, Coral Gables, Florida 33146; 18555 Collins Avenue, Unit 4401, 

Sunny Isles Beach, Florida 33160 (hereafter, “Collins Avenue Property”); and 7043 Fisher Island 

Dr., Unit 7043, Fisher Island, Florida 33109 (hereafter, “Fisher Island Property”) (together, the 

“Properties”) [D.E. 8–13, 15].2

 Casa Express alleges that these eight Properties 

were purchased by Gorrin (through shell entities) with misappropriated Venezuelan 

funds that he obtained through an illicit and corrupt foreign currency exchange 

scheme. Since misappropriated Venezuelan funds were used to acquire the real 

properties, the properties are subject to a constructive trust in favor of Venezuela, 

and . . . are subject to execution by Casa Express pursuant to 28 U.S.C. § 1610(c) 

and Florida Statute § 56.29. 

See Motion for Proceedings Supplementary [D.E. 3 at 2]. Casa Express relies on the report of its 

retained expert, Nelson Luis (“Mr. Luis”), to link the Properties to the Respondent Entities and the 

misappropriated Venezuelan funds. See Luis Expert Report [D.E. 3-11, 60-14].3

By separate Report and Recommendation, the undersigned addresses Gorrin’s Motion to 

Dismiss for Lack of Service or Personal Jurisdiction or Alternatively Motion to Quash Service 

(hereafter, “Motion to Dismiss or to Quash”) [D.E. 128]. Therein, the undersigned concludes that 

service on Gorrin was improper and should be quashed, in that it bypassed even an attempt to serve 

2

 The Statutory Notice for Posh 8 Dynamic Inc. referenced the Collins Avenue Property [D.E. 9]; and the 

Statutory Notice for Planet 2 Reaching Inc. referenced the Fisher Island Property [D.E. 8]. 

3 Summons have also been issued and served on Venezuela as the Judgment Debtor via diplomatic channels; 

and a Clerk’s Default has been entered against it [D.E. 38–41, 112]. A Clerk’s Default has also been entered 

against Impleaded Defendants Alejandro Andrade Cedeno (“Andrade”) and Claudia Patricia Diaz Guillen 

(“Diaz”) [D.E. 113, 153]. Casa Express has now moved for the entry of final default judgment against 

Venezuela, Andrade, and Diaz [D.E. 149, 179].

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Gorrin under the Hague Convention; and that the Court lacks personal jurisdiction over Gorrin in 

these proceedings supplementary. Accordingly, the undersigned recommends that the Motion to 

Dismiss or to Quash be granted without prejudice to give Casa Express another opportunity to 

serve Gorrin and to allege sufficient facts to support the Court’s assertion of specific personal 

jurisdiction over him. 

DISCUSSION

In addition to the proceedings against Gorrin and the Respondent Entities, Casa Express 

has instituted proceedings supplementary against the Caballero Entities. See Order Granting Ex 

Parte Emergency Motion to Implead Third Parties (hereafter, “Order Impleading Caballero 

Entities”) [D.E. 126]. The Caballero Entities obtained title to the Collins Avenue Property and the 

Fisher Island Property at a Marshal’s sale, which was conducted in Case 18-25337 in furtherance 

of Caballero’s execution on a default judgment entered against the Fuerzas Armadas 

Revolucionarias de Colombia (“FARC”) and the Norte de Valle Cartel (“NDV”), pursuant to the 

Anti-Terrorism Act (“ATA”) and the Terrorism Risk Insurance Act (“TRIA”) for terrorist acts 

against his father. See generally Report and Recommendation on Interested Parties’ Emergency 

Motion for Temporary Restraining Order (hereafter, “TRO R&R”) [Case 18-25337, D.E. 202].4 

According to Casa Express, the Caballero Entities took title to those properties “subject to the 

outcome of this supplementary proceeding because they had actual, inquiry, or constructive notice 

of this litigation.” See Order Impleading Caballero Entities [D.E. 126 at 2]. 

The Interested Parties in Case 18-25337 (including the Respondent Entities here) have 

challenged that Marshal’s sale and the underlying agent and instrumentality determination made 

against them vis-à-vis FARC; and have obtained an Order restraining Caballero, his entities, and

4 The Interested Parties in Case 18-25337 include the Respondent Entities in this case.

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agents “from dissipating, conveying, encumbering, or otherwise transferring ownership” of the 

Collins Avenue Property and the Fisher Island Property. See Order [Case 18-25337, D.E. 214 at 

17]; Sealed Order on Ex Parte Motion for Agent and Instrumentality Determination [D.E. 151]. 

A jury trial “on the issue of agency and instrumentality determination” has been set for August 28, 

2023 [D.E. 216]. 

Should the jury find that the Interested Parties in that case (Respondent Entities here) are 

not agents or instrumentalities of FARC, the Marshal’s sale of the Collins Avenue Property and 

the Fisher Island Property will necessarily be set aside and the Caballero Entities will no longer be 

proper Impleaded Defendants in these proceedings supplementary. Given this pending challenge 

to the Caballero Entities’ ownership of the Collins Avenue Property and the Fisher Island Property, 

the undersigned finds that judicial economy is best served by staying the Caballero Entities’ 

Motion to Vacate and to Dismiss pending the outcome of the upcoming jury trial in Case 18-25337. 

See Lopez v. Miami-Dade Cnty., 145 F. Supp. 3d 1206, 1208 (S.D. Fla. 2015) (“Stays of 

proceedings can also promote judicial economy, reduce confusion and prejudice, and prevent 

possibly inconsistent resolutions.”). 

RECOMMENDATION

Based on the foregoing considerations, the undersigned respectfully recommends that the 

Caballero Entities’ Motion to Vacate and to Dismiss [D.E. 158] be STAYED for purposes of 

judicial economy, pending further proceedings in Antonio Caballero v. FARC, et al, Case No. 18-

cv-25337-KMM (S.D. Fla.). 

Pursuant to Local Magistrate Judge Rule 4(b), the parties have fourteen days from the date 

of this Report and Recommendation to file written objections, if any, with the Honorable Beth 

Bloom, United States District Judge. Failure to file timely objections may bar the parties from 

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attacking the factual findings contained herein on appeal. See Resolution Tr. Corp. v. Hallmark 

Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Further, “failure to object in accordance 

with the provisions of [28 U.S.C.] § 636(b)(1) waives the right to challenge on appeal the district 

court’s order based on unobjected-to factual and legal conclusions.” See 11th Cir. R. 3-1 (I.O.P. 

- 3). 

RESPECTFULLY SUBMITTED in Chambers at Miami, Florida this 18th day of April, 

2023. 

____________________________________ 

ALICIA M. OTAZO-REYES

UNITED STATES MAGISTRATE JUDGE

cc: United States District Judge Beth Bloom 

Counsel of Record 

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