Barreto v. Citibank, N.A.

Citation907 F.2d 15
Decision Date06 June 1990
Docket NumberNo. 89-2016,89-2016
PartiesDr. Armando BARRETO, et al., Plaintiffs, Appellants, v. CITIBANK, N.A., et al., Defendants, Appellees. . Heard
CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)

Eudoro Balmaceda, for appellants.

Nestor Duran, with whom McConnell, Valdes, Kelley, Sifre, Griggs & Ruiz-Suria, was on brief for Citibank, N.A.

Jorge L. Catala-Monge, with whom Catala & Rochet was on brief for Wilfredo Santiago Rivera.

Before BREYER, Chief Judge, and COFFIN, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

PER CURIAM.

This appeal challenges an order of the district court dismissing plaintiffs' complaint for failure of counsel, though specifically ordered, to answer interrogatories and to appear for an Initial Scheduling Conference (ISC). The sanction imposed by the court was, on this record of inexcusable inaction, clearly within its discretion. We affirm.

The plaintiffs filed suit on April 17, 1989, alleging that defendant bank had negligently committed the "criminal act" of cashing a number of checks payable to one of the plaintiffs for professional services, such checks bearing forged endorsements. It is not contested that 32 checks and two money orders in the total amount of $40,305.76 were involved. Of this amount, plaintiffs concede that they have received $28,500. They nevertheless sought $1,200,000 in compensatory damages, 80 percent of which was to compensate the individual plaintiffs for mental anguish and 20 percent to compensate the conjugal partnership of two of the plaintiffs for "amounts not perceived." They also sought, despite our recognition in Noble v. Corporacion Insuler de Seguros, 738 F.2d 51, 54 (1st Cir.1984), that punitive damages are not allowable for this kind of case in Puerto Rico, $16,000,000 in punitive damages. Despite such an inflated beginning, the follow-up was virtually nonexistent.

On June 12, 1989, plaintiffs' attorney, Balmaceda, adverting to "important personal and business matters," called defendant bank's counsel and stated that he would be abroad for the next two months, until August 19. Simultaneously, he prepared, signed, and sent to attorney Abreu Elias an "informative motion." This document stated that he would be away from Puerto Rico temporarily and that attorney Abreu Elias would "take care of this case." The document was never signed by attorney Abreu Elias nor ever filed in court. Attorney Balmaceda shortly thereafter departed from Puerto Rico, despite the distinct possibility, if not clear likelihood, that the district court would call for an ISC within the next two months.

Predictably, on July 12 the district court called for an ISC on August 18, when counsel were expected to submit memoranda discussing their contentions, listing witnesses and describing desired discovery, and to be prepared to discuss settlement. Counsel were warned that failure to participate in good faith could result in sanctions.

Meanwhile, on June 15 defendant bank served interrogatories and a request for production of documents on plaintiffs through attorney Balmaceda, with a copy sent to attorney Abreu Elias. One month later, on July 14, Attorney Abreu Elias filed a motion for extension of time to answer interrogatories until August 27, reciting that Balmaceda would return during the last week of August and wanted to prepare the answers himself. The court denied this motion on July 24, ordering that answer be made forthwith "so that all parties will be prepared for the ISC set for August 18, 1989." Somewhat incredibly, four days later, attorney Abreu Elias filed another motion for extension, giving as justification the representation that his work in a federal criminal case was more extensive than expected. No ruling on this motion was forthcoming.

August 18 came and the ISC was held, with no counsel of plaintiffs present. On August 21 the court in a written order reciting...

To continue reading

Request your trial
27 cases
  • In re Walters
    • United States
    • U.S. Bankruptcy Court — Northern District of Indiana
    • June 27, 1994
    ...296 (Bkrtcy.S.D.Ohio 1992) (default judgment for failing to obey pretrial order requiring certain filings). See also Barreto v. Citibank N.A., 907 F.2d 15 (1st Cir.1990) (dismissal); Malone v. U.S. Postal Service, 833 F.2d 128 (9th Cir.1987), cert. denied 488 U.S. 819, 109 S.Ct. 59, 102 L.E......
  • John's Insulation, Inc. v. L. Addison and Associates, Inc.
    • United States
    • U.S. Court of Appeals — First Circuit
    • April 6, 1998
    ...F.2d 686, 692 (1st Cir.1993) (dismissal with prejudice for failure to attend pretrial and settlement conference); Barreto v. Citibank, N.A., 907 F.2d 15, 16 (1st Cir.1990) ("discovery orders, other pre-trial orders, and, indeed, all orders governing the management of a case are enforceable ......
  • Calhoun v. Yamaha Motor Corp. U.S.A.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • June 23, 2000
    ...Court did not err, and therefore answer this portion of the interlocutory order in the negative. See, e.g., Barreto v. Citibank, N.A., 907 F.2d 15, 15 (1st Cir. 1990); Shelley v. Trafalgar House Public Ltd. , 977 F. Supp. 95, 96 & n.1 (D.P.R. 1997); In re San Juan Dupont Plaza Hotel Fire Li......
  • Media Duplication Services, Ltd. v. HDG Software, Inc.
    • United States
    • U.S. Court of Appeals — First Circuit
    • October 1, 1990
    ...2461, 110 L.Ed.2d 359 (1990). We will apply the same standard to the other announced bases for sanction. See, e.g., Barreto v. Citibank, 907 F.2d 15, 16 (1st Cir.1990) (dismissal for failure of counsel to appear reviewed only for abuse of Under the circumstances of this case, we find an abu......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT