UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF PUERTO RICO

John Zerbe, Trustee

v. NH Civil No. 05-ds-21-JD

PR Civil No. 02-2357

Gabriela Alejandra Guzman Pinal and

Luis Olmos Dueas

O R D E R

John Zerbe, Bankruptcy Trustee, brings claims on behalf of

Alfredo Castellanos, arising from a failed business relationship

between Alejandra Guzman and Castellanos. Defendant Alejandra

Guzman moves to dismiss the claims on the grounds that several

claims were brought by now-dismissed parties and that the

complaint does not allege libel, slander, or defamation. 

Castellanos objects to the motion.

Guzman’s motion is partially based on a misunderstanding of

the court’s order issued on July 13, 2005, that dismissed several

parties from the suit. Alfredo Castellanos was not dismissed,

although John Zerbe, as the bankruptcy trustee has been

substituted as the party in interest. Further, because

Castellanos through Zerbe remains a plaintiff as to the claims

alleged in Counts 1 through 3, they cannot be dismissed based on

Guzman’s argument that only Cast Entertainment, Inc., which has

been dismissed from the case, brought those claims. To the

Case 1:05-ds-00021-JD Document 32 Filed 10/18/05 Page 1 of 4
1Guzman ignored the court’s instruction in the July 13,

2005, order that these issues are more appropriately addressed in

the context of a motion for summary judgment. Counsel has an

obligation to read court orders carefully.

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extent Guzman also asks that certain paragraphs in the complaint

be stricken because they refer only to Cast, those matters will

be considered only to the extent they are material to the pending

claims. 

Guzman contends that Counts 4 and 5 do not state claims for

libel and slander under Puerto Rico law. Guzman asserts that

Castellanos was a public figure and contends that he failed to

allege the elements of libel or slander under Puerto Rico law. 

Because the complaint does not allege that Casetellanos was a

public figure when Guzman made the allegedly slanderous remark,

and Zerbe challenges that assertion in objecting to the motion to

dismiss, that issue cannot be resolved on the present motion.1

Cf. Diaz Rodriguez v. Torres Martir, 2005 WL 1130221, at *3

(D.P.R. May 10, 2005) (plaintiff did not dispute that he was a

public figure).

Guzman also argues that her remark was not defamatory as a

matter of law. Guzman cites to decisions of the Puerto Rico

Supreme Court which are published in Spanish. All proceedings in

the federal court are conducted in English. 48 U.S.C. § 864;

accord Estades-Negroni v. Assocs. Corp. of N. Am., 359 F.3d 1, 2

Case 1:05-ds-00021-JD Document 32 Filed 10/18/05 Page 2 of 4
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(1st Cir. 2004). Therefore, the parties must provide English

translations of any decisions they cite to the court. Because

Guzman relies on decisions without providing English

translations, the issue of whether her statement was defamatory 

cannot be resolved based on the present motion.

Guzman challenges the libel claim on the ground that libel

pertains only to written defamation. She does not dispute that

her statement was published by newspapers. She contends that

because she spoke her statement but did not write it, she cannot

be liable on a libel claim. Although libel is defamation made

public by writing, a defamatory statement that is published in a

newspaper may be attributed to the declarant for purposes of

liability. See Gonzalez Perez v. Gomez Aguila, 312 F. Supp. 2d

161. 174 (D.P.R. 2004). Therefore, Guzman has not shown that

Zerbe’s libel allegations fail to state a claim.

Conclusion

For the foregoing reasons, the defendant’s motion to dismiss

(NH document no. 15) is denied. All of the issue raised in the 

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defendant’s motion are more appropriately addressed in the

context of a properly supported motion for summary judgment.

SO ORDERED.

Joseph A. DiClerico, Jr.

United States District Judge

 (Sitting by designation.)

October 18, 2005

cc: Alfredo Castellanos-Bayouth, Esquire

Angel E. Rotger-Sabat, Esquire

USDC-PR, Clerk

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