New York: On Thursday, December 21, demonstrating unwavering determination, Dr. Yomare Polanco and his steadfast legal team, composed of attorneys Albert Robles and Timothy Kolman, decided to submit a motion seeking a reconsideration of the decision by Judge Gerald Austin McHugh, the head of the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, who, through judgment #2:22-cv- [number_1]- GAM, refers the civil action No. 22-2598 to Dominican courts, filed by Dr. Yomare Polanco.
In his conclusion, Judge Gerald Austin McHugh recused himself from the case, invoking the “FORUM NON CONVENIENS” doctrine so that the case could be heard in the courts of the Dominican Republic.
“FORUM NON-CONVENIENS (FNC) is a discretionary tool that empowers federal courts to dismiss an entire action when a foreign court is the more appropriate justice of the case’s substance. The judgment orders that Dr. Yomare Polanco be protected because none of his claims in the lawsuit were dismissed. “My transfer order will require the necessary Defendants to accept the jurisdiction of the Dominican Republic, and the plaintiff will have an opportunity for redress in that country,” reads the judge’s decision, as accessed by El Faro Latino newspaper.
The judgment orders the transfer of the case to the courts of the Dominican Republic WITHOUT PREJUDICE against Dr. Yomare Polanco, meaning that no one can threaten retaliation against the plaintiff. Furthermore, the judge decided ‘AS A COURTESY’ to allow the Dominican courts to administer justice in Dr. Yomare Polanco’s case. If not, the judgment warns that the case will return to litigation in the federal courts of the United States.
Given that the case has already been heard and dismissed by the Superior Electoral Tribunal (TSE), a formal complaint filed with the Specialized Prosecutor’s Office for the Prosecution of Administrative Corruption that was ignored, and the glaring absurdity of judgment marked with number TC 013-23 issued by the Constitutional Court (TC), the highest judicial authority in the Dominican Republic; Dr. Yomare Polanco and his lawyers have decided that the case should proceed in the federal courts of the United States.
“We are discussing this courtesy simply because the Dominican Republic does not deserve courtesy in its current situation. They had the opportunity to take the case and deliver justice to Dr. Yomare Polanco, but they did not. Therefore, it is obvious that we are deciding to submit a motion with a request for the judge to rectify the decision; otherwise, we will appeal the case to the United States Court of Appeals for the Third Circuit,” said Albert Robles, one of the litigating attorneys in the case, in an exclusive statement to El Faro Latino.
“The judge sided with Dr. Polanco on everything; the only thing, as I mentioned, is that he wants to see what the justice of the Dominican Republic says, but our opinion is that the Dominican Republic has already spoken, and nothing more needs to be said in that jurisdiction,” he added.
The Defendants:
The plaintiff, Dr. Yomare Polanco, has requested a trial with a “required jury,” including the following institutions, political leaders of the PLD, and officials: CENTRAL ELECTORAL BOARD (JCE); DOMINICAN LIBERATION PARTY (PLD); CONSULATE OF THE DOMINICAN REPUBLIC IN NEW YORK; GILBERTO ANTONIO REGIL CRUZ HERASME; JULIO CÉSAR CASTAÑOS GUZMÁN; YOHANNA LEONIDAS TINEO ESTÉVEZ; FERNANDO NUÑEZ; SARA LINA MACHADO; GISELA ALMONTE (deceased) SUBLIME LARANCUENT; TEMISTOCLES MONTAS; ALEXIS LANTIGUA; FRANK CORTORREAL; FRANCISCO FERNANDEZ; FELIX ANTONIO MARTINEZ (Ronny); JUAN AQUINO; JOSE JOAQUIN MOTA FERNANDEZ; WILSON DIAZ CUEVAS; and CARLOS CASTILLO.
