Mendez–Martinez v. Caribbean Alliance Ins. Co.

• Decision Date: 10 February 2012
• Docket Number: Civil No. 10–1474 (DRD).
• Citation: 851 F.Supp.2d 336
• Parties: Gidel MENDEZ–MARTINEZ et. al., Plaintiffs, v. CARIBBEAN ALLIANCE INSURANCE COMPANY (CAICO), et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

851 F.Supp.2d 336

Gidel MENDEZ–MARTINEZ et. al., Plaintiffs,

v.CARIBBEAN ALLIANCE INSURANCE COMPANY (CAICO), et al., Defendants.

Civil No. 10–1474 (DRD).

United States District Court, D. Puerto Rico.

Feb. 10, 2012.

Anibal Escanellas–Rivera, Escanellas & Juan, San Juan, PR, for Plaintiffs.

Israel Fernandez–Rodriguez, Juan J. Casillas–Ayala, Casillas, Santiago & Torres, LLC, San Juan, PR, for Defendants.

OPINION AND ORDER

DANIEL R. DOMINGUEZ, District Judge.

Pending before the Court is Defendant's Motion for Summary Judgment and the Statement of Uncontested Material Facts in Support of Motion for Summary Judgment (Docket No. 40), which was referred to Magistrate Judge Camille Vélez Rivé for a report and recommendation (Docket Nos. 72 and 73).

Upon review of Magistrate Judge's Report and Recommendation (Docket No. 78), the Court hereby ADOPTS the same as outlined below and GRANTS Universal's motion for summary judgment (Docket No. 40), DISMISSING WITH PREJUDICE Plaintiff's federal claims and DISMISSING WITHOUT PREJUDICE the state law claims.

I. PROCEDURAL HISTORY

On June 1, 2010, Mr. Gidel Méndez–Martínez, his wife Diana Collazo–Santiago and their conjugal partnership (collectively, “Plaintiff”) filed a complaint against his former employer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 29 U.S.C.A. §§ 621 et seq. (“ADEA”), Act No. 100 of June 30, 1959, Act No. 80 of May 30, 1976 and Article 1802 of the Puerto Rico Civil Code, based on alleged discrimination, harassment and retaliatory activities during his employment on the basis of age. (Docket No. 1).

On July 7, 2011, defendants CAICO Insurance Company (“CAICO”), Universal/CAICO, Universal Insurance Company and Universal Group (collectively, “Universal”) filed a motion for summary judgment with the corresponding statement of uncontested facts and exhibits in support thereof. Universal's request for summary judgment rests on the grounds that: (1) Plaintiff's claims regarding age discrimination prior to November 3, 2009 are time-barred for failure to timely file the required administrative charge with the Equal Employment Opportunity Commission (“EEOC”); (2) Plaintiff lacks evidence to establish a prima facie case of age discrimination under ADEA; (3) Plaintiff did not suffer and adverse employment action and was not replaced in his former position; (4) Plaintiff resigned voluntarily from his employment with Universal; (5) there was no constructive discharge; and (6) the supplemental state claims lack merit. (Docket Nos. 40, 43, 48 and 49).

On September 9, 2011, Plaintiff opposed Universal's request for summary judgment and statement of uncontested facts. (Docket No. 53). Thereafter, Universal filed, with leave of the Court, a response in opposition to Plaintiff's filing. (Docket No. 59).

On October 26, 2011, the pending motion for summary judgment and other non-dispositive motions were referred to Magistrate Judge Vélez (Docket Nos. 72 and 73). On December 13, 2011 Magistrate Judge Vélez entered her Report and Recommendation recommending that the Court grant Universal's motion for summary judgment. (Docket No. 78).

In her Report and Recommendation, Magistrate Judge Vélez sets forth the uncontested facts in the instant case and concluded that Plaintiff did not establish a prima facie case for age discrimination under ADEA nor under local law because there was no adverse employment action and because he did not prove that someone younger was favored against him; that there was no constructive discharge because Plaintiff resigned voluntarily; that there was no hostile work environment to support a claim for harassment; and that the claim for retaliatory activities is also unsupported in lack of an adverse employment action.

On December 27, 2011, Plaintiff filed his objections to the Report and Recommendation (Docket No. 79). Therein, Plaintiff mainly rehashes the allegations previously averred in his opposition to Universal's motion for summary judgment, which he claims were not properly addressed or considered by Magistrate Judge Vélez. Thus, Plaintiff asserts that the Magistrate Judge erred in her recommendations and that this Court should not adopt them.

On January 10, 2012, Universal filed an opposition to Plaintiff's objections (Docket No. 81). Universal notes that Magistrate Judge Vélez properly addressed, considered and rejected (when appropriate) all of Plaintiff's arguments and the evidence includedin the record, and that Plaintiff has failed to establish that the conclusions and recommendations in the Report and Recommendation of Magistrate Judge Vélez are unsupported, or that her application of the laws to the facts of the instant case are legally unsound. Thus, Universal requests that this Court approve and adopt the Report and Recommendation and dismiss Plaintiff's opposition.

II. MAGISTRATE'S REPORT AND RECOMMENDATION

The Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). See alsoFed.R.Civ.P. 72(b); D.P.R. Civ. R. 72(a); and Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Nonetheless, an adversely affected party may contest the Magistrate Judge's Report and Recommendation by filing its objections to the recommendations made. Fed.R.Civ.P. 72(b). In such respect, 28 U.S.C. § 636(b)(1), in pertinent part, provides that

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 judge.

“Absent objection, ... [a] district court ha[s] a right to assume that [the affected party] agree[s] to the magistrate's recommendation.” Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985), cert. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Additionally, “failure 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 objections are precluded upon appeal.” Davet v. Maccarone, 973 F.2d 22, 30–31 (1st Cir.1992); see also Henley Drilling Co. v. McGee, 36 F.3d 143, 150–51 (1st Cir.1994) (holding that objections are required when challenging findings actually set out in a magistrate's recommendation, as well as the 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”); Borden v. Sec. 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”).

The Court, in order to accept unopposed portions of the Magistrate Judge's Report and Recommendation, needs only satisfy itself that there is no “plain error” on the face of the record. See Douglass v. United Servs. Auto., Ass'n, 79 F.3d 1415, 1419 (5th Cir.1996) ( en banc ) (extending the deferential “plain error” standard of review to the un-objected to legal conclusions of a magistrate judge); see also Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir.1982) ( en banc ) (appeal from district court's acceptance of un-objected to findings of magistrate judge reviewed for “plain error”); Nogueras–Cartagena v. United States, 172 F.Supp.2d 296, 305 (D.P.R.2001) (finding that the “Court reviews [unopposed] Magistrate's Report and Recommendation to ascertain whether or not the Magistrate's recommendation was clearly erroneous”) (adopting the Advisory Committee note regarding FED. R.CIV. P. 72(b)); Garcia v. I.N.S., 733 F.Supp. 1554, 1555 (M.D.Pa.1990) (finding that “when no objections are filed, the district court need only review the record for plain error”).

An adversely affected party may “contest the [m]agistrate [j]udge's report and recommendation by filing objections ‘within ten ¹ days of being served’ with a copy of the order.” United States v. Mercado Pagan, 286 F.Supp.2d 231, 233 (D.P.R.2003) (citing 28 U.S.C. § 636(b)(1)). If objections are timely filed, the district judge shall make a de novo determination of those portions of the report or specified findings or recommendation to which an objection is made. See Bonefont–Igaravidez v. International Shipping Corp., 659 F.3d 120 (1st Cir.2011); and Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006).

In the instant case, Plaintiff objects all of the conclusions reached by the Magistrate Judge and contends that the Magistrate Judge failed to consider Plaintiff's allegations that would establish a prima facie case of age discrimination and the claims for hostile work environment, harassment and retaliation. Consequently, the Court reviews de novo for plain error both the uncontested facts and the legal analysis of Plaintiff's claims of age discrimination, harassment, and retaliation.

III. SUMMARY JUDGMENT

A motion for summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure, which entitles a party to judgment if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “A dispute is ‘genuine’ if the evidence about the fact is such that a reasonable jury could resolve the point in favor of the non-moving party.” See Prescott v. Higgins, 538 F.3d 32, 40 (1st Cir.2008) (citing Thompson v. Coca–Cola Co., 522 F.3d 168, 175 (1st Cir.2008)); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248–250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Calero–Cerezo v. U.S. Dep't of Justice, 355 F.3d 6, 19 (1st Cir.2004) (stating that an issue is genuine if it...