Aponte-Davila v. Municipality of Caguas et al, No. 3:2013cv01367 - Document 320 (D.P.R. 2017)

Court Description: OPINION AND ORDER: Plaintiffs motion at Docket No. 266 is GRANTED IN PART AND DENIED IN PART. The motion at Docket No. 267 is DENIED WITHOUT PREJUDICE to plaintiff's renewing it following the Puerto Rico Supreme Court's response to the CERTIFICATION request to be made by the court by way of a separate Order. Signed by Judge Pedro A. Delgado-Hernandez on 7/17/2017. (Attachments: # 1 Attachment A, # 2 Attachment B)(LMR)

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Aponte-Davila v. Municipality of Caguas et al S0201 Doc. 320 Att. 1 SELECTED POPULATION PROFILE IN THE UNITED STATES 2015 American Community Survey 1-Year Estimates Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey website in the Data and Documentation section. 7 Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community Survey website in the Methodology section. United States Puerto Rican (260-269) Estimate Margin of Error dg eo n Subject 7/ 13 /2 01 Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities and towns and estimates of housing units for states and counties. TOTAL NUMBER OF RACES REPORTED Total population One race Two races Three races Four or more races Median age (years) 18 years and over 21 years and over 62 years and over 65 years and over Under 18 years Male Female 1 of 9 Ju by SEX AND AGE Total population Male Female +/-57,569 +/-0.3 +/-0.3 +/-0.1 +/-0.1 +/-57,569 +/-0.3 +/-0.3 8.8% 22.2% 11.8% 15.2% 13.8% 11.8% 8.3% 5.0% 3.1% +/-0.2 +/-0.3 +/-0.3 +/-0.3 +/-0.3 +/-0.3 +/-0.2 +/-0.1 +/-0.1 29.5 +/-0.3 69.0% 63.7% 10.2% 8.0% +/-0.4 +/-0.4 +/-0.2 +/-0.2 1,665,639 51.0% 49.0% +/-30,745 +/-0.6 +/-0.6 st vi ew ed 5,372,759 49.4% 50.6% La Under 5 years 5 to 17 years 18 to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 64 years 65 to 74 years 75 years and over 5,372,759 91.9% 6.8% 1.2% 0.2% 07/13/2017 Dockets.Justia.com Subject United States Puerto Rican (260-269) Estimate Margin of Error 3,707,120 +/-38,737 48.7% +/-0.3 51.3% +/-0.3 18 years and over Male Female 1,821,675 48.7% 51.3% +/-26,832 +/-0.5 +/-0.5 432,091 42.9% 57.1% +/-8,329 +/-1.0 +/-1.0 5,217,080 43.6% 39.5% 9.9% 7.0% 3.2% +/-57,711 +/-0.4 +/-0.4 +/-0.3 +/-0.2 +/-0.1 +/-20,656 +/-0.6 +/-0.7 36.7% 17.3% +/-0.6 +/-0.5 24.8% +/-0.6 15.9% +/-0.6 31.6% 15.4% 11.8% 3.6% 16.2% 13.3% 2.9% +/-0.6 +/-0.5 +/-0.5 +/-0.2 +/-0.4 +/-0.4 +/-0.2 2.88 3.47 +/-0.02 +/-0.03 MARITAL STATUS Population 15 years and over Now married, except separated Widowed Divorced Separated Never married 3,976,141 34.6% 3.8% 11.3% 3.3% 47.1% +/-41,509 +/-0.5 +/-0.2 +/-0.3 +/-0.1 +/-0.4 Male 15 years and over Now married, except separated Widowed Divorced Separated 1,940,463 36.8% 1.8% 9.3% 2.3% +/-24,351 +/-0.7 +/-0.1 +/-0.4 +/-0.2 La Average household size Average family size st vi ew ed With own children of the householder under 18 years Nonfamily households Male householder Living alone Not living alone Female householder Living alone Not living alone Ju 1,672,247 68.4% 36.8% by HOUSEHOLDS BY TYPE Households Family households With own children of the householder under 18 years Married-couple family With own children of the householder under 18 years Female householder, no husband present, family dg eo RELATIONSHIP Population in households Householder or spouse Child Other relatives Nonrelatives Unmarried partner n 65 years and over Male Female 01 35 to 64 years Male Female 7 +/-21,117 +/-0.6 +/-0.6 13 /2 1,453,354 50.4% 49.6% 7/ 18 to 34 years Male Female 2 of 9 07/13/2017 United States Puerto Rican (260-269) Estimate Margin of Error 49.8% +/-0.6 1,686,143 6.6% 5.7% 44.0% 21.9% 21.9% +/-29,096 +/-0.3 +/-0.3 +/-0.7 +/-0.6 +/-0.7 828,251 73.4% 19.6% 857,892 69.8% 24.0% SCHOOL ENROLLMENT Population 3 years and over enrolled in school Nursery school, preschool Kindergarten Elementary school (grades 1-8) High school (grades 9-12) College or graduate school +/-25,472 +/-0.6 +/-0.3 +/-0.4 +/-0.2 +/-0.6 +/-17,324 +/-0.8 +/-0.8 +/-18,260 +/-0.8 +/-0.9 n Male 3 years and over enrolled in school Percent enrolled in kindergarten to grade 12 Percent enrolled in college or graduate school Female 3 years and over enrolled in school Percent enrolled in kindergarten to grade 12 Percent enrolled in college or graduate school 7/ 2,035,678 32.4% 5.7% 13.3% 4.2% 44.5% 7 Female 15 years and over Now married, except separated Widowed Divorced Separated Never married 01 Never married 13 /2 Subject +/-33,802 +/-0.5 +/-0.5 +/-0.5 +/-0.4 +/-0.2 78.9% 78.0% 79.7% 18.4% 16.5% 20.1% +/-0.5 +/-0.6 +/-0.6 +/-0.4 +/-0.5 +/-0.6 1,434,279 76,696 +/-21,104 +/-4,892 46,013 +/-3,996 60.0% +/-3.6 2,648,214 5.4% 33.2% +/-31,072 +/-0.3 +/-2.9 VETERAN STATUS Civilian population 18 years and over Civilian veteran 3,675,001 6.0% +/-38,970 +/-0.2 DISABILITY STATUS Total civilian noninstitutionalized population 5,257,679 +/-57,776 ed ew High school graduate or higher Male, high school graduate or higher Female, high school graduate or higher Bachelor's degree or higher Male, bachelor's degree or higher Female, bachelor's degree or higher Ju 3,070,898 21.1% 29.7% 30.8% 12.2% 6.1% by dg eo EDUCATIONAL ATTAINMENT Population 25 years and over Less than high school diploma High school graduate (includes equivalency) Some college or associate's degree Bachelor's degree Graduate or professional degree La st vi FERTILITY Women 15 to 50 years Women 15 to 50 years who had a birth in the past 12 months Unmarried women 15 to 50 years who had a birth in the past 12 months As a percent of all women with a birth in the past 12 months RESPONSIBILITY FOR GRANDCHILDREN UNDER 18 YEARS Population 30 years and over Grandparents living with grandchild(ren) Grandparents responsible for grandchildren as a percentage of living with grandchildren 3 of 9 07/13/2017 Subject United States Puerto Rican (260-269) Estimate Margin of Error 14.1% +/-0.3 With a disability +/-0.4 3,175,460 +/-37,381 14.1% +/-0.4 420,900 +/-8,189 42.8% +/-1.3 RESIDENCE 1 YEAR AGO Population 1 year and over Same house Different house in the U.S. Same county Different county Same state Different state Abroad 5,282,558 81.7% 16.7% 10.9% 5.8% 3.1% 2.7% 1.6% +/-56,161 +/-0.5 +/-0.5 +/-0.4 +/-0.3 +/-0.2 +/-0.2 +/-0.2 PLACE OF BIRTH, CITIZENSHIP STATUS AND YEAR OF ENTRY Native Male Female 5,277,840 49.4% 50.6% +/-55,751 +/-0.3 +/-0.3 94,919 51.0% 49.0% +/-6,673 +/-2.7 +/-2.7 46,204 47.6% 52.4% +/-4,925 +/-3.7 +/-3.7 48,715 54.2% 45.8% +/-4,696 +/-4.1 +/-4.1 94,919 13.0% 30.2% 56.9% +/-6,673 +/-2.1 +/-2.8 +/-3.1 94,865 +/-6,675 5.6% 3.7% 0.8% 0.1% 89.5% 0.2% +/-1.3 +/-1.1 +/-0.5 +/-0.2 +/-2.0 +/-0.2 4,899,066 39.3% +/-50,320 +/-0.5 With a disability 7/ Civilian noninstitutionalized population 65 years and older With a disability dg eo Ju Foreign born Male Female vi ew Foreign born; not a U.S. citizen Male Female ed Foreign born; naturalized U.S. citizen Male Female La st Population born outside the United States Entered 2010 or later Entered 2000 to 2009 Entered before 2000 WORLD REGION OF BIRTH OF FOREIGN BORN Foreign-born population excluding population born at sea Europe Asia Africa Oceania Latin America Northern America LANGUAGE SPOKEN AT HOME AND ABILITY TO SPEAK ENGLISH Population 5 years and over English only 4 of 9 n Civilian noninstitutionalized population 18 to 64 years 01 7.0% With a disability 7 +/-30,764 13 /2 1,661,319 by Civilian noninstitutionalized population under 18 years 07/13/2017 Subject United States Puerto Rican (260-269) Estimate Margin of Error 60.7% +/-0.5 16.7% +/-0.4 Language other than English Speak English less than "very well" 1,989,954 59.0% 58.8% 53.4% 5.5% 9.3% +/-24,352 +/-0.6 +/-0.6 +/-0.6 +/-0.3 +/-0.5 2,136,711 67.3% 10.6% 12.8% 4.5% 2.0% 2.9% 28.7 +/-29,736 +/-0.6 +/-0.4 +/-0.4 +/-0.2 +/-0.2 +/-0.2 +/-0.3 OCCUPATION Civilian employed population 16 years and over Management, business, science, and arts occupations Service occupations Sales and office occupations Natural resources, construction, and maintenance occupations Production, transportation, and material moving occupations Ju n dg eo COMMUTING TO WORK Workers 16 years and over Car, truck, or van - drove alone Car, truck, or van - carpooled Public transportation (excluding taxicab) Walked Other means Worked at home Mean travel time to work (minutes) 01 Females 16 years and over In labor force Civilian labor force Employed Unemployed Unemployment Rate 7 +/-40,682 +/-0.5 +/-0.5 +/-0.5 +/-0.2 +/-0.4 +/-0.1 +/-0.5 13 /2 3,885,458 62.2% 61.4% 55.5% 5.9% 9.6% 0.8% 37.8% 7/ EMPLOYMENT STATUS Population 16 years and over In labor force Civilian labor force Employed Unemployed Unemployment Rate Armed Forces Not in labor force +/-29,994 +/-0.5 22.9% 27.8% 7.4% +/-0.6 +/-0.6 +/-0.4 14.0% +/-0.4 1,094,248 +/-19,977 Management, business, science, and arts occupations Service occupations Sales and office occupations Natural resources, construction, and maintenance occupations Production, transportation, and material moving occupations 23.0% +/-0.7 21.7% 19.9% 14.0% +/-0.8 +/-0.9 +/-0.7 21.4% +/-0.8 Female civilian employed population 16 years and over Management, business, science, and arts occupations Service occupations Sales and office occupations Natural resources, construction, and maintenance occupations Production, transportation, and material moving occupations 1,061,707 +/-17,902 33.0% +/-0.8 24.1% 36.0% 0.7% +/-0.8 +/-0.9 +/-0.1 6.3% +/-0.4 vi ew ed by 2,155,955 27.9% La st Male civilian employed population 16 years and over INDUSTRY 5 of 9 07/13/2017 Construction Manufacturing Wholesale trade Retail trade Transportation and warehousing, and utilities Information Finance and insurance, and real estate and rental and leasing Professional, scientific, and management, and administrative and waste management services Educational services, and health care and social assistance Arts, entertainment, and recreation, and accommodation and food services Other services (except public administration) Public administration +/-0.4 23.6% +/-0.5 11.2% +/-0.4 4.3% 5.7% +/-0.3 +/-0.3 2,155,955 82.2% 14.7% 3.0% +/-29,994 +/-0.5 +/-0.4 +/-0.2 0.1% +/-0.1 ew vi st La Median income (dollars) Individuals Per capita income (dollars) With earnings for full-time, year-round workers: Male Female Mean earnings (dollars) for full-time, year-round workers: Male Female Median earnings (dollars) full-time, year-round workers: Male 6 of 9 01 11.1% 7 +/-0.3 +/-0.3 +/-0.2 +/-0.4 +/-0.2 +/-0.2 +/-0.3 n dg eo +/-20,656 +/-619 +/-0.5 +/-867 +/-0.5 +/-268 +/-0.4 +/-205 +/-0.3 +/-193 +/-0.4 +/-1,083 +/-0.7 +/-17,277 +/-1,058 +/-0.8 +/-1,280 +/-0.6 +/-1,987 +/-0.8 25,655 5,372,759 19,356 +/-954 +/-57,569 +/-269 833,870 692,873 +/-16,907 +/-13,980 51,884 43,168 +/-882 +/-804 40,835 +/-401 by Ju 1,672,247 40,774 77.4% 62,576 24.2% 14,159 12.1% 8,965 6.5% 3,551 10.6% 21,398 30.9% 1,143,759 45,693 53.6% 70,516 10.0% 35,392 36.3% ed CLASS OF WORKER Civilian employed population 16 years and over Private wage and salary workers Government workers Self-employed workers in own not incorporated business Unpaid family workers INCOME IN THE PAST 12 MONTHS (IN 2015 INFLATION-ADJUSTED DOLLARS) Households Median household income (dollars) With earnings Mean earnings (dollars) With Social Security income Mean Social Security income (dollars) With Supplemental Security Income Mean Supplemental Security Income (dollars) With cash public assistance income Mean cash public assistance income (dollars) With retirement income Mean retirement income (dollars) With Food Stamp/SNAP benefits Families Median family income (dollars) Married-couple family Median income (dollars) Male householder, no spouse present, family Median income (dollars) Female householder, no husband present, family 4.7% 8.3% 2.5% 13.2% 6.2% 2.1% 6.6% 13 /2 Civilian employed population 16 years and over Agriculture, forestry, fishing and hunting, and mining United States Puerto Rican (260-269) Estimate Margin of Error 2,155,955 +/-29,994 0.4% +/-0.1 7/ Subject 07/13/2017 Subject Female HEALTH INSURANCE COVERAGE Civilian noninstitutionalized population With private health insurance With public coverage No health insurance coverage POVERTY RATES FOR FAMILIES AND PEOPLE FOR WHOM POVERTY STATUS IS DETERMINED All families With related children of the householder under 18 years With related children of the householder under 5 years only Married-couple family With related children of the householder under 18 years With related children of the householder under 5 years only Female householder, no husband present, family United States Puerto Rican (260-269) Estimate Margin of Error 35,339 +/-465 +/-0.9 +/-1.2 +/-2.2 8.9% 11.2% +/-0.9 +/-1.2 9.9% +/-2.3 39.3% +/-1.5 With related children of the householder under 18 years With related children of the householder under 5 years only All people Under 18 years Related children of the householder under 18 years 47.1% +/-1.7 48.0% +/-4.3 24.6% 31.8% 31.5% +/-0.7 +/-1.2 +/-1.2 Related children of the householder under 5 years 33.5% +/-1.4 Related children of the householder 5 to 17 years 30.7% +/-1.3 21.3% 21.3% 21.3% 22.2% 36.4% +/-0.6 +/-0.6 +/-1.2 +/-0.8 +/-0.9 La st 7 of 9 n dg eo Ju by 1,672,247 36.1% 63.9% 3.13 2.74 +/-20,656 +/-0.6 +/-0.6 +/-0.04 +/-0.03 1,672,247 46.0% 17.9% 33.9% 2.3% +/-20,656 +/-0.6 +/-0.5 +/-0.6 +/-0.2 1,672,247 0.5% 2.5% 12.9% 22.3% 22.6% 17.8% 21.5% +/-20,656 +/-0.1 +/-0.2 +/-0.5 +/-0.6 +/-0.5 +/-0.5 +/-0.5 1,672,247 22.4% 77.6% +/-20,656 +/-0.5 +/-0.5 1,672,247 +/-20,656 ed vi ew 18 years and over 18 to 64 years 65 years and over People in families Unrelated individuals 15 years and over HOUSING TENURE Occupied housing units Owner-occupied housing units Renter-occupied housing units Average household size of owner-occupied unit Average household size of renter-occupied unit UNITS IN STRUCTURE Occupied housing units 1-unit, detached or attached 2 to 4 units 5 or more units Mobile home, boat, RV, van, etc. YEAR STRUCTURE BUILT Occupied housing units Built 2014 or later Built 2010 to 2013 Built 2000 to 2009 Built 1980 to 1999 Built 1960 to 1979 Built 1940 to 1959 Built 1939 or earlier VEHICLES AVAILABLE Occupied housing units None 1 or more HOUSE HEATING FUEL Occupied housing units 01 26.3% 13 /2 21.4% 28.7% 7 +/-57,776 +/-0.6 +/-0.5 +/-0.3 7/ 5,257,679 52.9% 45.4% 8.5% 07/13/2017 +/-12,369 +/-1.3 +/-1.3 604,349 189,900 1,552 +/-14,182 +/-3,456 +/-25 491 +/-14 1,011,431 +/-15,299 42.0% 58.0% +/-1.0 +/-1.0 01 62.8% 37.2% 13 /2 454,324 7 +/-20,656 +/-0.3 +/-0.3 dg eo n 7/ 1,672,247 3.7% 5.0% 1,038,667 968 +/-15,496 +/-8 1,672,247 85.0% 73.2% +/-20,656 +/-0.5 +/-0.6 by Gas Electricity All other fuels No fuel used SELECTED CHARACTERISTICS Occupied housing units No telephone service available 1.01 or more occupants per room SELECTED MONTHLY OWNER COSTS AS A PERCENTAGE OF HOUSEHOLD INCOME IN THE PAST 12 MONTHS Housing units with a mortgage (excluding units where SMOC cannot be computed) Less than 30 percent 30 percent or more OWNER CHARACTERISTICS Owner-occupied housing units Median value (dollars) Median selected monthly owner costs with a mortgage (dollars) Median selected monthly owner costs without a mortgage (dollars) GROSS RENT AS A PERCENTAGE OF HOUSEHOLD INCOME IN THE PAST 12 MONTHS Occupied units paying rent (excluding units where GRAPI cannot be computed) Less than 30 percent 30 percent or more GROSS RENT Occupied units paying rent Median gross rent (dollars) COMPUTERS AND INTERNET USE Total households With a computer With a broadband Internet subscription United States Puerto Rican (260-269) Estimate Margin of Error 47.5% +/-0.6 40.3% +/-0.6 10.6% +/-0.4 1.6% +/-0.1 Ju Subject vi ew ed Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables. La st Data for the households, families, occupied housing units, owner-occupied housing units, and renter-occupied housing units lines refer to the specified race, Hispanic or Latino, American Indian or Alaska Native, or ancestry of the householder shown in the table. Data in the "Total population" column are shown regardless of the race, Hispanic or Latino, American Indian or Alaska Native, or ancestry of the person. Due to methodological changes to data collection that began in data year 2013, comparisons of language estimates from that point to estimates from 2013 forward should be made with caution. For more information, see: Language User Note. The Census Bureau introduced a new set of disability questions in the 2008 ACS questionnaire. Accordingly, comparisons of disability data from 2008 or later with data from prior years are not recommended. For more information on these questions and their evaluation in the 2006 ACS Content Test, see the Evaluation Report Covering Disability. Employment and unemployment estimates may vary from the official labor force data released by the Bureau of Labor Statistics because of differences in survey design and data collection. For guidance on differences in employment and unemployment estimates from different sources go to Labor Force Guidance. Industry codes are 4-digit codes and are based on the North American Industry Classification System 2012. The Industry categories adhere to the guidelines issued in Clarification Memorandum No. 2, "NAICS Alternate Aggregation Structure for Use By U.S. Statistical Agencies," issued by the Office of Management and Budget. 8 of 9 07/13/2017 Occupation codes are 4-digit codes and are based on Standard Occupational Classification 2010. Logical coverage edits applying a rules-based assignment of Medicaid, Medicare and military health coverage were added as of 2009 -- please see http://www.census.gov/library/working-papers/2010/demo/coverage_edits_final.html for more details. The 2008 data table in American FactFinder does not incorporate these edits. Therefore, the estimates that appear in these tables are not comparable to the estimates in the 2009 and later tables. Select geographies of 2008 data comparable to the 2009 and later tables are available at http://www.census.gov/data/tables/time-series/acs/1year-re-run-health-insurance.html. The health insurance coverage category names were modified in 2010. See http://www.census.gov/topics/health/health-insurance/about/glossary.html#par_textimage_18 for a list of the insurance type definitions. The category "with a broadband Internet subscription" refers to those who said "Yes" to a DSL, cable, fiberoptic, mobile broadband, satellite, or fixed wireless subscription. While the 2015 American Community Survey (ACS) data generally reflect the February 2013 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities. 01 7 Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2010 data. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization. 13 /2 Source: U.S. Census Bureau, 2015 American Community Survey 1-Year Estimates Explanation of Symbols: La st vi ew ed by Ju dg eo n 7/ 1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. 2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended distribution. 3. An '-' following a median estimate means the median falls in the lowest interval of an open-ended distribution. 4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution. 5. An '***' entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A statistical test is not appropriate. 6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate. 7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of sample cases is too small. 8. An '(X)' means that the estimate is not applicable or not available.

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