Silva Rivera v. State Ins. Fund Corp., Civil No. 03-1727(DRD).

Decision Date31 July 2006
Docket NumberCivil No. 03-1727(DRD).
Citation443 F.Supp.2d 218
PartiesRafael SILVA RIVERA, et al., Plaintiffs v. STATE INSURANCE FUND CORPORATION, et al., Defendants.
CourtU.S. District Court — District of Puerto Rico

John F. Nevares, John F. Nevares & Assoc. PSC, San Juan, PR, for Plaintiffs.

Jo-Ann Estades-Boyer, Prado, Nunez & Associates, PSC, Jose Enrico Valenzuela-Alvarado, Department of Justice Office of the Solicitor General, Juan M. Rivera-Gonzalez, Ruben A. Rivera-Rosa, Sanchez Betances Sifre Munoz Noya & Rivera Law Offices, PSC, San Juan, PR, for Defendants.

OPINION AND ORDER

DOMINGUEZ, District Judge.

On July 1, 2003 plaintiffs Rafael Silva Rivera and his wife, Joanne Fabricio Fernandez, filed a complaint for injunctive relief, declaratory judgment, compensatory and punitive damages pursuant to 42 U.S.C. § 1983. The plaintiffs allege that their constitutional rights to freedom of speech and association were violated due to having been discriminated against because of their political affiliations. In addition, plaintiffs aver violations to the equal protection of the laws and due process of law, protected by the First, Fifth, and Fourteenth Amendments to the Constitution of the United States, as well as by the Article II, Sections 1, 6, and 7 of the Constitution of the Commonwealth of Puerto Rico. Plaintiffs contend these rights were infringed when the hearings granted to them by defendants were merely informal, non-adversarial, administrative proceedings held by the agency itself which, in turn, only afforded Mr. Silva Rivera the opportunity to present evidence to contradict his employer's purported reasons for dismissal (Docket No.21).

Pursuant to the complaint, the alleged Constitutional violations then became evident when outcome of these hearings became known. The administrative hearings resulted in the recommendation, from an hearing examiner, to terminate Mr. Silva Rivera from his employment. The plaintiffs state that the administrative procedure cannot be binding in as much as an interested party, his employer, remains the ultimate decision-maker.1 Plaintiffs also allege that the defendants are liable under Article 1802 of the Puerto Rico Civil Code, P.R. LAWS ANN. tit. 31, § 5141, since Mr. Silva Rivera was deprived of his functions and responsibilities as a career employee, and, as a result, he felt segregated and humiliated in front of other employees. Plaintiffs allegedly suffered great physical, moral, and mental distress. Subsequently, the defendants filed a motion for summary judgment asserting the applicability of the doctrines of res judicata and/or collateral estoppel, thus, barring plaintiffs' civil rights claims in the instant case.

On May 10, 2006, the Court issued an order (Docket No.52) referring this matter to Magistrate Judge Gustavo Gelpí for his Report and Recommendation ("R & R"). Magistrate Judge Gelpí, in turn, issued his R & R on May 11, 2006 (Docket No. 53) wherein he recommends the Court grant defendants' brevis disposition and, ultimately, dismiss plaintiffs' complaint. Therein, the Magistrate clearly warned all parties that they had ten (10) days to object to the R & R.2 Accordingly plaintiffs timely filed their objections to the R & R (Docket No. 54). Therefore, defendants filed their opposition to the plaintiffs' objection to Magistrate Judge Gelí's R & R on June 15, 2006 (Docket No. 58). The Court is ready to rule.

I

The District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B) (1993); FED. R.CIV.P 72(b); L.Civ.R. 72(b). See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Of course, an adversely affeeted party may contest the Magistrate's Report and Recommendation by filing its objections within ten (10) days after `being served a copy thereof. See L.Civ.R. 72(d); FED.R.CIV.P 2(b). Moreover, 28 U.S.C. § 636(b)(1), in pertinent, part provides that:

Within ten days of being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

In the instant case, the "R & R" correctly and clearly points out that any objections to the motion must have been filed with the Clerk of the Court "within ten (10) days after being served with a copy thereof'. L.Civ.R. 72(c); see also 28 U.S.C. § 636(b)(1). Further, the "written objections[] shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the legal basis for such objections". Local Civil Rule 72(c). "Failure to file objections within the specified time waives the right to appeal the District Court's order." See United States v. Mitchell, 85 F.3d 800, 803 (1st Cir.1996); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). "Absent objection by the plaintiffs, the district court had a right to assume that plaintiffs agreed to the magistrate's recommendation." Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.), cert. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Moreover, "[f]ailure to raise objections to the Report and Recommendation waives that party's right to review in the district court and those claims not preserved by such objection are precluded on appeal." Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). See also Henley Drilling Co. v. McGee, 36 F.3d 143, 150-151 (1st Cir.1994) (holding that objections are required when challenging findings actually set out in magistrate's recommendation, as well as magistrate's failure to make additional findings); Lewry v. Town of Standish, 984 F.2d 25, 27 (1st Cir.1993) (stating that "[o]bjection to a magistrate's report preserves only those objections that are specified"); Keating v. Secretary of H.H.S., 848 F.2d 271, 275 (1st Cir.1988); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir.1987) (holding that appellant was entitled to a de novo review, "however he was not entitled to a de novo review of an argument never raised"). See generally United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir.1980).

After conducting a de novo review of the record, the Court finds that the R & R thoroughly and correctly addressed the issues presented by the defendant in its motion, except as herein clarified. See Gioiosa v. United States, 684 F.2d 176 (1st Cir.1982) (district court was required to make de novo determination of those portions of magistrate's report objected to, which recommended that habeas corpus petition be denied); compare Paterson-Leitch v. Massachusetts Elec., 840 F.2d 985, 990-91 (1st Cir.1988) ("At most, the party aggrieved is entitled to a review of the bidding rather than to a fresh deal. The rule does not permit a litigant to present new initiatives to the district judge. We hold categorically that an unsuccessful party is not entitled as of right to de novo review by the judge of an argument never seasonably raised before the magistrate."). As such, for the reasons stated below, the Court now ADOPTS in toto the Magistrate's R & R and thus DISMISSES WITH PREJDICE plaintiffs' federal claims and WITOUT PREJUDICE all state claims.

II

Magistrate Judge Gustavo Gelpí properly and correctly found appropriate the dismissal of the plaintiffs' Section 1983 claims of political discrimination. In an action based on political discrimination, the plaintiff bears the initial burden of proof. The plaintiff needs to establish that his or her political affiliations were a "substantial or motivating" factor behind the challenged employment action[s]. See Mt. Healthy School Dist. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977). The defendant, in turn, may present evidence of a nondiscriminatory reason. Padilla-García v. Rodriguez, 212 F.3d 69, 78 (1st Cir.2000). Said evidentiary framework readily may be used in the summary judgment context. See Texas v. Lesage, 528 U.S. 18, 19, 120 S.Ct. 467, 145 L.Ed.2d 347 (1999); Vélez-Rivera v. Agosto-Alicea, 437 F.3d 145, 153-154 (1st Cir. 2006). Where a defendant, in Rule 56(c) context, presents competent evidence of non-discriminatory reasons for the personnel action taken, plaintiff is obligated to show to the Court that a genuine issue of fact nonetheless lies as to said reason's veracity. See Vélez-Rivera, 437 F.3d. at 155. This threshold may be reached in one of two ways; either by presenting conflicting evidence which creates a genuine factual issue as to whether political consideration was a motivating or substantial factor, or, in the alternative, the plaintiff can demonstrate that the record itself generates material issues of fact as to the presence of political motivation being a substantial or motivating factor.

Plaintiffs object the Magistrate's R & R on the following grounds: (1) the Magistrate erred when granting defendant's motion for summary judgment that did not address the Court's order for a motion based on the England Reservation doctrine; (2) when not considering plaintiffs' request for discovery made during a status settlement conference (Docket 39); (3) when granting the defendants' motion for summary judgment and disposing of the issues vvithowt plaintiffs commencing the discovery proceedings. All these factors were duly considered by the Magistrate Judge: except as herein amplified, and the Court, after a de novo review, concurs with his recommendation.

Silva failed to present or even make arguments outside of those made in his opposition to the motion for summary judgment. He merely rehashed the arguments he had already raised thereto and simply...

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