1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:21-cv-23103-BLOOM/OTAZO-REYES

CASA EXPRESS CORP, as Trustee of

CASA EXPRESS TRUST,

Judgment Creditor,

v.

BOLIVARIAN REPUBLIC OF 

VENEZUELA,

Judgment Debtor.

/

MOTION FOR DEFAULT FINAL JUDGMENT AGAINST 

IMPLEADED DEFENDANT CLAUDIA PATRICIA DIAZ GUILLEN 

Pursuant to Fed. R. Civ. P. 55(b)(2), Plaintiff and Judgment Creditor Casa Express Corp, 

as Trustee of Casa Express Trust (“Casa Express” or “Plaintiff”) moves for entry of a default final 

judgment against Impleaded Defendant Claudia Patricia Diaz Guillen (“Diaz Guillen”). In support 

of the motion, Plaintiff submits the declaration of its counsel Andres Gamardo (Ex. A).

I. Introduction

Plaintiff is a judgment creditor of Venezuela. It holds an unsatisfied judgment for $43.3 

million dollars (the “Judgment”). In this supplementary proceeding, Plaintiff seeks to step in the 

shoes of its judgment debtor, Venezuela, to recover eight Venezuelan real properties (the 

“Properties”)1 in the hands of third parties via the imposition of a constructive trust.2 Because 

Plaintiff seeks to execute the Properties in partial satisfaction of its Judgment, and it does not seek 

an award of damages against any Impleaded Defendant, there is no possibility of inconsistent 

liability between the Impleaded Defendants. 

1 See ECF No. [60] at Statement of Facts (“SOF”) ¶ 29 (listing the eight Properties).

2 In a supplementary proceeding, a judgment creditor may step into the shoes of its judgment 

debtor “to recover the judgment debtor’s assets in the hands of another person, so long as the 

property is not exempt from execution.” Jackson-Platts v. Gen. Elec. Cap. Corp., 727 F.3d 1127, 

1136 (11th Cir. 2013) (applying Florida law).

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The Amended Motion3 alleges claims for breach of fiduciary duty and unjust enrichment 

against Diaz Guillen. It also alleges that Diaz Guillen’s conduct satisfies the elements necessary 

for the imposition of a constructive trust. 

Diaz Guillen is in default, and the prerequisites for default judgment have been met. As 

relief, Plaintiff seeks entry of default judgment against Diaz Guillen awarding declaratory relief as 

to the well-pled claims alleged in the Amended Motion. 

II. Legal Standard

The Clerk of Court may enter a default against a defendant that fails to plead or otherwise 

defend an initial pleading filed against it. Fed. R. Civ. P. 55(a). Once a default is entered, the

plaintiff may seek entry of a default judgment against the defaulting defendant. Fed. R. Civ. P. 

55(b). A default judgment is appropriate and is within a district court’s sound discretion where the 

defendant has failed to defend or otherwise engage in the proceedings. See, e.g., Tara Prods., Inc. 

v. Hollywood Gadgets, Inc., 449 F. App’x 908, 910 (11th Cir. 2011); Dawkins v. Glover, 308 F. 

App’x 394, 395 (11th Cir. 2009); In re Knight, 833 F.2d 1515, 1516 (11th Cir. 1987); Wahl v.

McIver, 773 F.2d 1169, 1174 (11th Cir. 1985).

By defaulting, a defendant is taken to admit the well-pleaded allegations of fact in the initial 

pleading. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 

2009) (quoting Nishimatsu Constr. Co. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)).

Moreover, although facts are admitted as true, conclusions of law are not; a sufficient basis to state 

a claim must still exist in the pleadings before a court may enter a default judgment. Nishimatsu 

Constr. Co., 515 F.2d at 1206. Therefore, before granting default judgment, “the district court must 

ensure that the well-pleaded allegations of the complaint . . . actually state a cause of action and 

that there is a substantive, sufficient basis in the pleadings for the particular relief sought.” Tyco 

Fire & Sec., LLC v. Alcocer, 218 F. App’x 860, 863 (11th Cir. 2007).

3 The “Amended Motion” refers to the Amended Ex Parte Expedited Motion to Commence 

Proceedings Supplementary, to Implead Defendants, and for Issuance of Statutory Notices to 

Appear. ECF No. [60]. In this supplementary proceeding, the Amended Motion is considered the 

“equivalent of a complaint.” ECF No. [59] at 5. 

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III. Argument

A. The Court possesses jurisdiction to enforce Plaintiff’s Judgment. 

Plaintiff adopts and reincorporates as if fully set herein each and every argument made in 

Section III(A) of its Motion for Default Judgment, ECF No. [149] at 3, that thoroughly explain the 

Court’s subject matter jurisdiction over this post-judgment action. 

B. The Court possesses personal jurisdiction over Diaz Guillen. 

A foreign defendant’s “domicile” for general personal jurisdiction purposes “shift[s] to the

United States” after he or she is transferred to the custody of U.S. law enforcement pursuant to an 

extradition order. Jaramillo v. Naranjo, Case No. 10-21951-CIV, 2014 WL 4898210 at *5 (S.D. 

Fla. Sept. 30, 2014). Moreover, tag jurisdiction is “unquestionably proper” to exert personal 

jurisdiction over an extradited defendant physically serving a prison sentence in the United States. 

Id. 

In this case, Diaz Guillen was extradited from Spain to Florida in May 2022, shifting her 

domicile for personal jurisdiction purposes to the United States. Ex. A, at ¶ 7. On December 13, 

2022, a federal jury convicted Diaz Guillen and her husband for their participation in the foreign 

currency scheme that gives raise to the causes of actions alleged against her in the Amended 

Motion. United States v. Diaz Guillen, Case No. 9:18-cr-80160-WPD-2 (S.D. Fla. December 13, 

2023, ECF No. [310]). Ten days later, Plaintiff, through a process server, served Diaz Guillen 

personally with the Amended Motion and the Statutory Notice to Appear at the Paul Rein 

Detention Facility, where she physically awaits sentencing. Therefore, the Court possesses general 

personal jurisdiction and tag jurisdiction over Diaz Guillen. Jaramillo, 2014 WL 4898210 at *5.

C. Entry of Default Judgment is appropriate against Diaz Guillen. 

i. Service of Process

On November 30, 2022, the Court instructed Plaintiff to serve Diaz Guillen with the 

Amended Motion and her Statutory Notice to Appear. ECF No. [105] at 7 ¶ 2 (“Plaintiff shall serve 

previously issued Notices to Appear to . . . Guillen in compliance with Chapter 48, Florida 

Statutes”). 

On December 23, 2022, Plaintiff, through a process server, served Diaz Guillen personally 

with the Amended Motion, ECF No. [60], her Notice to Appear, ECF No. [73], and this Court’s 

Order, ECF No. [105], in accordance with Section 48.031, Florida Statutes, and the specific 

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procedures of the Paul Rein Detention Facility. See ECF No. [140] (Certificate of Service of Diaz 

Guillen). 

The Order required Diaz Guillen to file a response to the Amended Motion “within 21 

days of service.” ECF No. 105 at 7 ¶ 4 (emphasis in original). Therefore, Diaz Guillen’s deadline 

to respond to Amended Motion was January 13, 2023. 

To date, Diaz Guillen has not filed a response to the Amended Motion. Nor has she 

requested an enlargement of time to respond to the Amended Motion. In addition, Diaz Guillen 

has not made an appearance in this proceeding through counsel or otherwise.

ii. Entry of Clerk’s Default

On January 26, 2023, Plaintiff moved for entry of a Clerk’s Default against Diaz Guillen. 

ECF No. [141]. The Court directed the Clerk of the Court to issue a Clerk’s Default against Diaz 

Guillen. ECF No. [152]. On February 7, 2023, the Clerk of the Court issued a default against Diaz 

Guillen. ECF No. [153].

iii. Claims

The Amended Motion properly pleads two claims against Diaz Guillen for breach of 

fiduciary duty and unjust enrichment. In addition, the Amended Motion properly pleads the 

elements necessary for the imposition of a constructive trust. 

a. Breach of Fiduciary Duty

Under Florida law, the elements of a breach of fiduciary duty claim are: “(1) the existence 

of a fiduciary duty, (2) the breach of that duty, and (3) damage proximately caused by that breach.” 

Treco Int'l S.A. v. Kromka, 706 F. Supp. 2d 1283, 1288 (S.D. Fla. 2010) (internal quotations 

omitted; applying Florida law).

The Amended Motion alleges that Diaz Guillen, as the National Treasurer of Venezuela, 

owed a fiduciary obligation to Venezuela to administer and protect the sovereign funds deposited 

in accounts of the Oficina Nacional del Tesoro (“ONT”)4. ECF No. [60] at SOF ¶ 21. It alleges 

that Diaz Guillen breached her fiduciary obligation by accepting bribes from regime insiders that 

allowed them to misappropriate Venezuelan funds from ONT accounts at the government 

preferential rate with impunity. Id. at SOF ¶ 21; id. at p. 15; ECF Nos. [60-5]; [60-11]. It also 

4 The “ONT” is the Venezuelan National Treasury. 

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alleges that Diaz Guillen’s breach of duty directly and proximately caused damages to Venezuela. 

ECF No. [60] at SOF ¶ 22.

Therefore, the well-pled allegations in the Amended Motion, and its exhibits, properly 

allege a factual basis to support the elements for a breach of fiduciary duty claim against Diaz 

Guillen. Accordingly, entry of default judgment pursuant to Fed. R. Civ. P. 55(b) is appropriate 

against Diaz Guillen for breach of fiduciary duty. 

b. Unjust Enrichment

“To prevail on a cause of action for unjust enrichment, a plaintiff must show that: 1) a 

benefit was conferred on defendant, 2) defendant had knowledge of the benefit conferred, 3) 

defendant accepted and retained the benefit, and 4) it would be inequitable for defendant to retain 

the benefit without compensation to the plaintiff.” TracFone Wireless, Inc. v. Technopark Co., 281 

F.R.D. 683, 690 (S.D. Fla. 2012) (citing N.G.L. Travel Assocs. v. Celebrity Cruises, Inc., 764 So.2d 

672, 675 (Fla. 3rd DCA 2000)).

The Amended Motion alleges that Venezuela conferred a benefit to Diaz Guillen by 

appointing her as the National Treasurer, which charged her with the fiduciary responsibility to 

administer and protect sovereign funds deposited in ONT accounts. ECF No. [60] at 15. It alleges 

that Diaz Guillen knowingly and voluntarily accepted the benefit and served as National Treasurer 

gaining access to ONT accounts. Id. It alleges that Diaz Guillen utilized her official position for 

her own pecuniary gain by accepting and retaining bribes from regime insiders that were derived 

from sovereign funds at the expense of Venezuela. Id. Finally, it alleges that it would be inequitable 

and unjust to allow Diaz Guillen to retain the misappropriated Venezuelan funds (or the properties 

that were purchased with those funds). Id. 

Therefore, the well-pled allegations in the Amended Motion, and its exhibits, properly 

allege a factual basis to support the elements for an unjust enrichment claim against Diaz Guillen. 

Accordingly, entry of default judgment pursuant to Fed. R. Civ. P. 55(b) is appropriate against 

Diaz Guillen for unjust enrichment. 

c. Constructive Trust

The Amended Motion seeks the imposition of a constructive trust over the Properties as 

relief for the claims asserted. ECF No. [60]. The necessary elements for an imposition of a 

constructive trust are “(1) a promise, express or implied, (2) transfer of the property and reliance 

thereon, (3) a confidential relationship and (4) unjust enrichment.” Little v. White Diamond Int’l, 

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LLC, No. 10-60109, 2010 WL 11602166, at *4 (S.D. Fla. Apr. 27, 2010) (quoting Ben-Yishay v. 

Mastercraft Dev. LLC, 553 F. Supp. 2d 1360, 1372 (S.D. Fla. 2008)).

The Amended Motion alleges that Diaz Guillen made a promise to manage the ONT, which 

is charged with the fiduciary responsibility to administer and protect Venezuelan funds deposited 

in ONT accounts. ECF No. [60] at p. 14. It alleges that Venezuela entrusted Diaz Guillen by 

granting her access to sovereign funds deposited in ONT accounts in reliance of her express 

promise. Id. It alleges that Diaz Guillen was in a confidential relationship with Venezuela because 

she acted as an official of the Venezuelan government. Id. It alleges that Diaz Guillen breached 

her express promise by accepting bribes from regime insiders and allowing them to misappropriate 

sovereign funds deposited in ONT accounts. ECF No. [60] at p. 15. Finally, as explained supra, it 

properly pleads an unjust enrichment claim against Diaz Guillen. 

Moreover, “[t]he imposition of a constructive trust is an appropriate remedy for breach of 

fiduciary duty.” Republic of Haiti v. Crown Charters, Inc., 667 F. Supp. 839, 843 (Fla. S.D. 1987)

(applying Florida law). Therefore, the well-pled allegations in the Amended Motion, and its 

exhibits, properly allege a factual basis to support the elements for the imposition of a constructive 

trust for Diaz Guillen’s breach of fiduciary duty and unjust enrichment claims. 

iv. Relief

Plaintiff seeks entry of a default final judgment against Diaz Guillen awarding declaratory 

relief5 establishing: (a) Plaintiff’s claim for breach of fiduciary duty against Diaz Guillen; (b) 

Plaintiff’s claim for unjust enrichment against Diaz Guillen; and (3) that Plaintiff properly pled 

the elements for a constructive trust in the breach of duty and unjust enrichment claims asserted 

against Diaz Guillen. 

CONCLUSION

For the foregoing reasons, Plaintiff respectfully requests that the Court grant this motion

in the form proposed by (Ex. B) and issue a final default judgment against Impleaded Defendant

Claudia Patricia Diaz Guillen in the form proposed by (Ex. C).

5 28 U.S.C. § 2201(a) (providing that district courts “may declare the rights and other legal 

relations of any interested party seeking such declaration, whether or not further relief is or could 

be sought”); see also Sherwood Med. Indus., Inc. v. Deknatel, Inc., 512 F.2d 724, 729 (8th Cir. 

1975) (providing that the statute should be liberally construed to accomplish its purpose of 

providing a speedy and inexpensive method of adjudicating legal disputes without invoking 

coercive remedies and that it is not to be interpreted in any narrow or technical sense”).

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Dated: April 14, 2023 Respectfully submitted,

GAMARDO, P.A.

1200 Brickell Avenue, Suite 750

Miami, Florida 33131

Tel: (305)542-6626

/s/ Andres Gamardo

Andres Gamardo, Esq. 

Florida Bar No.: 1021165

Email: agamardo@gamardolaw.com

Attorney for Casa Express Corp, as Trustee

Of Casa Express Trust

CERTIFICATE OF CONFERRAL

Pursuant to Local Rule 7.1, undersigned counsel certifies that he conferred with counsel 

for Impleaded Defendants, Raul Gorrin Belisario, Planet 2 Reaching Inc., Posh 8 Dynamic Inc., 

RIM Group Investments Corp., RIM Group Investments I Corp., RIM Group Investments II Corp.,

RIM Group Investments III Corp., in good faith to resolve by agreement the issues raised in this 

Motion. Counsel to Impleaded Defendants advised that they object to the relief sought by this 

Motion. Undersigned counsel was unable to confer with Diaz Guillen because she has not appeared 

in this proceeding through counsel or otherwise. 

CERTIFICATE OF SERVICE

I hereby certify that on April 14, 2023, I authorized the electronic filing of the foregoing 

with the Clerk of the Court using the CM/ECF system. In addition, Plaintiff retained a process 

server to serve the foregoing on Claudia Patricia Diaz Guillen at Paul Rein Detention Facility

located at 2421 NW 16th, Pompano Beach, FL 33069. 

By: /s/ Andres Gamardo

 Andres Gamardo, Esq.

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