The United States of America v. Visionary Construction, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
THE 	UNITED 	STATES 	OF 	AMERICA,
AS 	FOR 	THE 	USE 	AND 	BENEFIT 	OF
GECON CONSTRUCTION INCORPORATED
Plaintiff,
v.
VISIONARY 	CONSTRUCTION, 	INC.
D/B/A VISIONARY SERVICES, GREAT
MIDWEST 	INSURANCE 	COMPANY,
SURETY 	COMPANY 	“A”, 	AND
INSURANCE COMPANY “B”
Defendants.
CIVIL NO. 25-1044 (RAM)
ORDER ADOPTING REPORT AND RECOMMENDATION
RAÚL M. ARIAS-MARXUACH, United States District Judge
Pending before the Court is defendant Great Midwest Insurance
Company’s (“Midwest” or “Defendant”) Motion to Dismiss (“Motion”)
(Docket 	No. 	28) 	and 	Magistrate 	Bauzá-Almonte’s 	unopposed 	Report
and Recommendation (“R&R”) (Docket No. 57).
Having 	reviewed 	the 	record, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation 	at 	Docket 	No. 	57 	in 	its 	entirety 	and 	INCORPORATES
it 	by 	reference 	to 	the 	present 	Order. 	Where, 	as 	here, 	the 	R&R 	is
very thorough, the Court “finds it unnecessary to ‘write at length’
to repeat what is ‘a first-rate work product.’” Sanchez-Medina v.
Unicco 	Serv. 	Co., 	2010 	WL 	3955780, 	at 	*4 	(D.P.R. 	2010) 	(citing
Lawton v. State Mut. Life Assu. Co. of Am., 101 F.3d 218, 220 (1st
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Civil No. 25-1044(RAM) 	2
Cir. 	1996); 	In 	re 	San 	Juan 	Dupont 	Plaza 	Hotel 	Fire 	Litig., 	989
F.2d 36, 38 (1st Cir.1993)).
Therefore, 	in 	accordance 	with 	the 	Magistrate 	Judge’s
recommendation, 	Midwest’s 	Motion 	to 	Dismiss 	at 	Docket 	No. 	28 	is
GRANTED 	IN 	PART 	and 	DENIED 	IN 	PART. 	Plaintiff’s 	claims 	regarding
breach of contract, equitable estoppel, and unjust enrichment are
hereby 	DISMISSED 	whereas 	Plaintiff’s 	Miller 	Act 	claim 	remains
pending.
IT IS SO ORDERED.
In San Juan, Puerto Rico, this 4 th day of March 2026.
s/Raúl M. Arias-Marxuach_________
UNITED STATES DISTRICT JUDGE
Case 3:25-cv-01044-RAM-MBA Document 61 Filed 03/04/26 Page 2 of 2