Pérez v. Saint John's Sch.

• Decision Date: 30 September 2011
• Docket Number: Civil No. 09–2170 (DRD).
• Parties: Esmelinda PÉREZ, Plaintiff, v. SAINT JOHN'S SCHOOL, Defendant.
• Court: U.S. District Court — District of Puerto Rico

276 Ed. Law Rep. 755

814 F.Supp.2d 102

Esmelinda PÉREZ, Plaintiff,

v.SAINT JOHN'S SCHOOL, Defendant.

Civil No. 09–2170 (DRD).

United States District Court, D. Puerto Rico.

Sept. 30, 2011.

Manuel Duran–Rodriguez, Manuel Duran Law Office, San Juan, PR, for Plaintiff.

Martha L. Martinez–Rodriguez, Olga Y. Cabrera–Ramos, Linda S. Rodriguez–Gardeslen, Manuel A. Nunez Law Office, San Juan, PR, for Defendant.

OPINION AND ORDER

DANIEL R. DOMINGUEZ, District Judge.

I. PROCEDURAL HISTORY

On November 18, 2009, Esmelinda Pérez (“Plaintiff”) filed suit against Saint John's School (“Defendant”), alleging that Defendant impermissibly discriminated against her in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and Puerto Rico state law (Docket No. 1).

On November 15, 2010, Defendant filed a motion for summary judgment (Docket No. 13). Therein, Defendant first argues that Plaintiff failed to even allege that she is impaired within the meaning of the ADA or to connect any of her health issues with a substantial limitation to a major life activity. Further, Defendant avers that Plaintiff failed to show that her supervisor, Annettee Hequin (“Hequin”), or Defendant's headmaster, Barry Farnham (“Farnham”), regarded Plaintiff as disabled within the meaning of the ADA. Thus, Defendant asserts that Plaintiff fails to establish a prima facie case or a cognizable claim under the McDonnell Douglas ¹ burden shifting standard and, accordingly, concludes that summary judgment in its favor is appropriate as to her ADA discrimination claim. For the same reason, Defendant asserts that summary judgment should be granted as to Plaintiff's hostile work environment claim. Finally, Defendant requests the dismissal of Plaintiff's ADEA claim as there is no evidence that Plaintiff's salary, benefits and responsibilities were diminished.

On January 21, 2011, Plaintiff filed her opposition ² to Defendant's motion for summary judgment (Docket Nos. 21 & 22). Therein, Plaintiff identifies the “regarded as” definition of disability as that under which she intends to proceed. Accordingly, Plaintiff cites statements made by Farnham and Hequin in support of the proposition that she was regarded as disabled inasmuch as they believed that she could not perform any work. Plaintiff also asserts that Farnham and Hequin's attitude towards Plaintiff changed dramatically after she returned from medical leave following surgery. Further, Plaintiff avers that she “perfectly perform[ed] all the duties of her job” at the time of her alleged constructive discharge and that she was reprimanded unfairly in “uncommon meetings” with Farnham and Hequin after her return from medical leave. Thus, Plaintiff argues that she was regarded as disabled, and was subjected to a hostile work environment, which, ultimately, resulted in her constructive discharge.

On February 2, 2011, Defendant filed a reply to Plaintiff's opposition to the motion for summary judgment (Docket No. 28). Therein, Defendant argues that the evidence shows that Plaintiff's employer regarded Plaintiff as capable of working, and even capable of “doing good work.” Additionally, Defendant reiterates its previous argument that Plaintiff did not suffer a constructive discharge as her salary, benefits and responsibilities were not diminished.

On March 4, 2011, Plaintiff filed a sur-reply (Docket No. 32). In this filing, Plaintiff merely reiterates her argument that Farnham and Hequin made comments which indicated that they regarded Plaintiff as disabled.

On April 4, 2011, the pending motion for summary judgment was referred to Magistrate Judge López (Docket Nos. 34 & 35), who subsequently recused himself from the instant case (Docket No. 38). On May 2, 2011, Magistrate Judge Vélez–Rivé received the referral (Docket No. 39) and on July 28, 2011, she entered her Report and Recommendation that the Court grant the pending motion for summary judgment (Docket No. 43).

In her Report and Recommendation, Magistrate Judge Vélez Rivé set forth the uncontested facts in the instant case ³ and concluded that Plaintiff was not regarded as disabled by her supervisors while employed by Defendant and that she had not suffered a constructive discharge resulting from a hostile work environment. Thus, Magistrate Judge Vélez–Rivé recommended that Plaintiff's ADA cause of action be dismissed. Further, noting that Plaintiff has abandoned her ADEA claim, the Magistrate Judge recommended dismissal of the same.⁴ Finally, Magistrate Judge Vélez–Rivé recommended that the court decline to exercise its discretionary jurisdiction over supplemental state law claims.

On August 4, 2011, Plaintiff filed her objections to the Magistrate Judge's Report and Recommendation (Docket No. 45). Therein, Plaintiff primarily rehashes her previous argument that remarks made by Farnham and Hequin establish that she was regarded as disabled within the meaning of the ADA. Plaintiff also contests the Magistrate Judge's failure to include certain allegedly uncontested facts.⁵ Further, Plaintiff cites to an unspecified cut in benefits after she returned to work from medical leave, a change in Hequin's attitude towards Plaintiff and repeated meetings between Hequin, Farnham and Plaintiff as evidence of a constructive discharge and hostile work environment. Thus, Plaintiff asserts that the Magistrate Judge erred in recommending the dismissal of her ADA claim.

On August 12, 2011, Defendant filed an opposition to Plaintiff's objections (Docket No. 50). Defendant notes that Plaintiff has still failed to show that she was perceived as disabled as she does not specify any disabling condition nor any major life activity which Defendant perceived her as being incapable of completing. Additionally, Defendant argues that, while Plaintiff now asserts that she received a cut in benefits, there is no such evidence on the record before the Court. Thus, Defendant requests that the Court adopt the Report and Recommendation and dismiss the instant case.

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 also Fed.R.Civ.P. 72(b); see also D.P.R. Civ. R. 72(a); see also Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). An adversely affected party may contest the Magistrate's Report and Recommendation by filing its objections. Fed.R.Civ.P. 72(b). Moreover, 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.

“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, “failureto 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”).

In the instant case, Plaintiff objects both to the Magistrate Judge's recitation of the facts and to her application of fact to the applicable ADA jurisprudence. Therefore, the Court reviews both the uncontested facts and the legal analysis of Plaintiff's ADA claims de novo. Upon such a review, the Court ADOPTS the Magistrate Judge's Report and Recommendation (Docket No. 43) as outlined below and GRANTS Defendant's motion for summary judgment (Docket No. 13), DISMISSING Plaintiffs ADEA and ADA claims WITH PREJUDICE and Plaintiff's state law claims WITHOUT PREJUDICE.

III. SUMMARY JUDGMENT

Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment should be entered where “the pleadings, depositions,...