Rivera Abella v. Puerto Rico Telephone Co.

Citation470 F.Supp.2d 86
Decision Date10 January 2007
Docket NumberCivil No. 02-2417 (RLA).
PartiesAida RIVERA ABELLA, Plaintiff, PUERTO RICO TELEPHONE CO., and/or Verizon Wireless, et al., Defendants.
CourtU.S. District Court — District of Puerto Rico

Nicolas Nogueras-Cartagena, Rosa M. Nogueras, San Juan, PR, for Plaintiff/Petitioner.

Gregory T. Usera, Milagros Figueroa-Silva, San Juan, PR, for Defendant/Respondent.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

RAYMOND L. ACOSTA, District Judge.

Codefendants Puerto Rico Telephone Company ("PRTC") and Jorge L. Rentas ("Rentas") have moved the court to enter summary judgment dismissing the federal claims asserted in these proceedings as well as to decline supplemental jurisdiction over the local causes of action pled in the complaint.

The court having carefully considered the memoranda filed by the parties as well as the evidence attached thereto hereby rules as follows.

BACKGROUND

Plaintiff filed the instant suit against PRTC and Rentas, her former supervisor, alleging that defendants violated the Rehabilitation Act, 29 U.S.C. § 794 and the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101-12213, by failing to provide her with a reasonable accommodation and by retaliating against her due to her disability. Additionally, plaintiff avers sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(1) claiming both quid pro quo and hostile work environment as well as retaliation. Plaintiff further asserts a violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 215(a)(3) and 216 as well as various local provisions.1

SUMMARY JUDGMENT STANDARD

Rule 56(c) Fed. R. Civ. P., which sets forth the standard for ruling on summary judgment motions, in pertinent part provides that they shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Sands v. Ridefilm Corp., 212 F.3d 657, 660-61 (1st Cir.2000); Barreto-Rivera v. Medina-Vargas, 168 F.3d 42, 45 (1st Cir.1999). The party seeking summary judgment must first demonstrate the absence of a genuine issue of material fact in the record. De-Novellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997). A genuine issue exists if there is sufficient evidence supporting the claimed factual disputes to require a trial. Morris v. Gov't Dev. Bank of Puerto Rico, 27 F.3d 746, 748 (1st Cir.1994); LeBlanc v. Great Am. Ins. Co., 6 F.3d 836, 841 (1st Cir.1993), cert. denied, 511 U.S. 1018, 114 S.Ct. 1398, 128 L.Ed.2d 72 (1994). A fact is material if it might affect the outcome of a lawsuit under the governing law. Morrissey v. Boston Five Cents Say. Bank, 54 F.3d 27, 31 (1st Cir.1995).

"In ruling on a motion for summary judgment, the court must view the facts in the light most favorable to the non-moving party, drawing all reasonable inferences in that party's favor.'" Poulis-Minott v. Smith, 388 F.3d 354, 361 (1st Cir.2004) (citing Barbour v. Dynamics Research Corp., 63 F.3d 32, 36 (1st Cir.1995)).

Credibility issues fall outside the scope of summary judgment. "`Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.'" Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). See also, Dominguez-Cruz v. Suttle Caribe, Inc., 202 F.3d 424, 432 (1st Cir.2000) ("court should not engage in credibility assessments."); Simas v. First Citizens' Fed. Credit Union, 170 F.3d 37, 49 (1st Cir.1999) ("credibility determinations are for the factfinder at trial, not for the court at summary judgment."); Perez-Trujillo. v. Volvo Car Corp., 137 F.3d 50, 54 (1st Cir.1998) (credibility issues not proper on summary judgment); Molina Quintero v. Caribe G.E. Power Breakers, Inc., 234 F.Supp.2d 108, 113 (D.P.R.2002). "There is no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails, and no room for the judge to superimpose his own ideas of probability and likelihood. In fact, only if the record, viewed in this manner and without regard to credibility determinations, reveals no genuine issue as to any material fact may the court enter summary judgment." Cruz-Baez v. Negron-Irizarry, 360 F.Supp.2d 326, 332 (D.P.R.2005) (internal citations, brackets and quotation marks omitted).

In cases where the non-movant party bears the ultimate burden of proof, he must present definite and competent evidence to rebut a motion for summary judgment, Anderson v. Liberty Lobby, Inc., 477 U.S. at 256-257, 106 S.Ct. 2505, 91 L.Ed.2d 202; Navarro v. Pfizer Corp., 261 F.3d 90, 94 (1st Cir.2001); Grant's Dairy v. Comm'r of Maine Dep't of Agric., 232 F.3d 8, 14 (1st Cir.2000), and cannot rely upon "conclusory allegations, improbable inferences, and unsupported speculation". Lopez-Carrasquillo v. Rubianes, 230 F.3d 409, 412 (1st Cir.2000); Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994); Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

Further, any testimony used in a motion for summary judgment setting must be admissible in evidence, i.e., based on personal knowledge and otherwise not contravening evidentiary principles. Rule 56(e) specifically mandates that affidavits submitted in conjunction with the summary judgment mechanism must "be made on personal knowledge, shall set forth such facts as `would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein." Hoffman v. Applicators Sales and Serv., Inc., 439 F.3d 9, 16 (1st Cir.2006); Carmona v. Toledo, 215 F.3d 124, 131 (1st Cir.2000). See also, Quinones v. Buick, 436 F.3d 284, 290 (1st Cir.2006) (affidavit inadmissible given plaintiffs failure to cite "supporting evidence to which he could testify in court"). The affidavit must contain facts which are admissible in evidence. Lopez-Carrasguillo v. Rubianes 280 F.3d at 414. "Evidence that is inadmissible at trial, such as inadmissible hearsay, may not be considered on summary judgment." Vazquez v. Lopez-Rosario, 134 F.3d 28, 33 (1st Cir. 1998).

Lastly, motions for summary judgment must comport with the provisions of Local Rule 56(c) which, in pertinent part read:

A party opposing a motion for summary judgment shall submit with its opposition a separate, short, and concise statement of material facts. The opposing statement shall admit, deny or qualify the facts by reference to each numbered paragraph of the moving party's statement of material facts and unless a fact is admitted, shall support each denial or qualification by a record citation as required by this rule.

This provision specifically requires that in, its own statement of material facts respondent either admit, deny, or qualify each of movant's proffered uncontested facts and for each denied or qualified statement cite the specific part of the record which supports its denial or qualification. Respondent must prepare its separate statement much in the same manner as when answering a complaint.

The purpose behind the local rule is to allow the court to examine each of the movant's proposed uncontested facts and ascertain whether or not there is adequate evidence to render it uncontested. See, Morales v. A.C. Orssleffs EFTF, 246 F.3d 32, 33 (1st Cir.2001) (summary judgment should not "impose [upon the court] the daunting burden of seeking a needle in a haystack"); see also, Leon v. Sanchez-Bermudez, 332 F.Supp.2d 407, 415 (D.P.R. 2004).

Apart from the fact that Rule 56(e) itself provides that "[f] acts contained in a supporting or opposing statement of material facts, if supported by record citations as required by this rule, shall be deemed admitted unless properly controverted" in discussing Local Rule 311.12, its predecessor the First Circuit Court of Appeals stressed the importance of compliance by stating that the parties who ignore its strictures run the risk of the court deeming the facts presented in the movant's statement of fact admitted. See, Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42 (1st Cir.2004) ("uncontested" facts pleaded by movant deemed admitted due to respondent's failure to properly submit statement of contested facts). "[A]bsent such rules, summary judgment practice could too easily become a game of cat-and-mouse, giving rise to the `specter of district court judges being unfairly sandbagged by unadvertised factual issues.'" Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing Stepanischen v. Merchants Despatch Transp. Corp., 722 F.2d 922, 931 (1st Cir.1983)).

We must initially address the difficult task confronted by the court in trying to sort out facts from counsel's own personal assumptions in the responses to defendants' dispositive motion. What should have been a straightforward review of the evidence substantiating plaintiffs version of the facts in accordance with the provisions of Local Rule 56(c) turned into a major challenge, due to counsel's consistent editorializing, dissertations and generalizations without adequate references to evidence in the objections to defendants' proffered facts.

The Memorandum of Law in Opposition (docket No. 142) fares no better. Plaintiffs attorney begins by rebuking opposing counsel for not having inquired as to the medication prescribed for her client and her ability to fully comprehend the questions posed to her during her deposition. However, no specific reference is made to objectionable answers which the court should disregard nor is there any indication in the deposition transcript of plaintiffs...

To continue reading

Request your trial
11 cases
  • Torres v. House of Representatives of the Commonwealth of P.R., Civil No. 10-1265 (GAG)
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • 16 Abril 2012
    ...where the local Department of Labor is empowered to provide relief, i.e., in instances of 'deferral' jurisdiction." Rivera Abella, 470 F. Supp. 2d 86, 102 (D.P.R. 2007) (citing Bonilla v. Muebles J.J. Alvarez, Inc., 194 F.3d 275, 278 n.4 (1st Cir. 1999); Lebron-Rios v. U.S. Marshal Service,......
  • Torres-Alman v. Verizon Wireless Puerto Rico, Inc., Civil No. 06-1967(JAG/MEL).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • 13 Noviembre 2007
    ...is indefinite and unknowable, but not those that are brief or foreseeably temporary.); Rivera Abella v. Puerto Rico Telephone Co., 470 F.Supp.2d 86, 98 (D.P.R.2007). In this case, it is uncontested that Torres' impairment to lift objects lasted only several months. Furthermore, Torres has n......
  • Vega Marrero v. Consorcio Dorado-Manati, Civil No. 05-2354 (FAB).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • 2 Febrero 2007
    ...of legitimate inferences from the facts are jury functions, not those of a judge". (See, Rivera Abella v. Puerto Rico Telephone Co., 470 F.Supp.2d 86 (D.P.R.2007), (citing Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). See also, Doming......
  • Torres v. House of Representatives of the Commonwealth of P.R.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • 16 Abril 2012
    ...of Labor is empowered to provide relief, i.e., in instances of ‘deferral’ jurisdiction.” Rivera Abella v. Puerto Rico Telephone Co., 470 F.Supp.2d 86, 102 (D.P.R.2007) (citing Bonilla v. Muebles J.J. Alvarez, Inc., 194 F.3d 275, 278 n. 4 (1st Cir.1999); Lebron–Rios v. U.S. Marshal Service, ......
  • 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