Arroyo-Ruiz v. Triple-S Management Group

258 F. Supp. 3d 240
CourtDistrict Court, D. Puerto Rico
DecidedJuly 10, 2017
DocketCivil No. 15-1741 (FAB)
StatusPublished
Cited by13 cases

This text of 258 F. Supp. 3d 240 (Arroyo-Ruiz v. Triple-S Management Group) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arroyo-Ruiz v. Triple-S Management Group, 258 F. Supp. 3d 240 (prd 2017).

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court is defendants Triple-S Vida- Inc. (“Triple-S Vida”), Triple-S Insurance. Agency (“Triple-S Insurance”) and Triple-S Management Corporations (“Triple-S Management”) (collectively “defendants’O’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (“Rule 56”). (Docket No. 56.) For the reasons set forth below, the motion for summary judgment is GRANTED.

I, BACKGROUND

Plaintiff Luis Arroyo-Ruiz (“Arroyo”) commenced this action against defendants alleging violations of the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title VU”). Arroyo also invoked the supplemental jurisdiction of this Court to adjudicate his claims pursuant to Puerto Rico law, including Article II of the Constitution of the Commonwealth of Puerto Rico (“Article II”), Puerto Rico Law 100 (“Law 100”), P.R. Laws Ann. tit. 29, §§ 146 et seq,; Puerto Rico Law No. 115 (“Law 115”), P.R. Laws Ann. tit. 29, § 194 et seq,, Puerto Rico Law 80 (“Law 80”), P.R. Laws Ann. tit. 29, §§ 185a-185m, and Articles 1802 and 1803 of the Civil Code of Puerto Rico (“Articles 1802 &' 1803”), P.R. Laws Ann. tit. 31, §§ 5141, 5142. (Docket No. 32.) Deféndants previously moved to dismiss the’amended complaint pursuant tó Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1), arguing that plaintiff failed to exhaust administrative remedies as required by law. (Docket Nos. 20 at p. 2; 33.)

The Court granted in part defendants’ motion to dismiss, striking the causes of action pursuant to Title VII, Law 115, Law 100, Articles 1802 and 1803, and Arroyo’s retaliation claim pursuant to the ADA. (Docket Nos, 49, 50.) Subsequently, the Court dismissed with prejudice the Article II cause of action. (Docket Nos. 53, 54.) Consequently,- three causes of action remain before the Court: hostile work environment and discrimination claims pursuant to the ADA, and a claim for wrongful dismissal pursuant to Puerto Rico Law 80.

The parties have received ample time to conduct discovery and to engage in motion practice. The Court granted several motions prolonging the conclusion of discovery from March 18, 2016 to August 31, 2016, providing Arroyo with adequate opportunity to depose witnesses. (Docket Nos. 22, 36, 39 & 42.) Om the final day of discovery, however, Arroyo moved for a protective order regarding the pending depositions of defense witness Juan Iglesias (“Iglesias”) and Arroyo’s own witness, Dr. Victor Liado. (Docket No. 46.) Subsequently, defendants filed a motion for summary judgment. (Docket No. 56.) More than two-weeks' after defendants moved for summary judgment and well after the close of discovery, Arroyo requested an extension of time to oppose the Rule 56 motion. (Docket No, 59.) Arroyo claimed that Igle-sias remained unavailable for deposition and that' defendants refused to produce discovery.1 Id. 'Defendants opposed: (Docket No. 60.)' The Court denied the motion [245]*245for an extension of time and deemed the motion-for summary judgment unopposed. (Docket Nos. 31, 63.) For the reasons set forth below, the. Court .GRANTS defendants’ motion for summary judgment pursuant to Rule 56.

II. STANDARD OF REVIEW

Summary judgment serves to assess the evidence and determine whether there is a genuine need for trial. Garside v. Oseo Drug, Inc., 895 F.2d 46, 50 (1st Cir. 1990). “The court shall grant summary 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). “At summary judgment, the judge’s function is not himself or herself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Burns v. Johnson, 829 F.3d 1, 8 (1st Cir. 2016) (internal marks omitted) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

- A fact is “material” if it‘“has the potential to change the outcome of the suit under the governing law ....” Calero-Cerezo v. U.S. Dep’t. of Justice, 355 F.3d 6, 19 (1st Cir. 2004). A dispute is “genuine” when it “could be resolved in favor of either party.”- Id, “Put another way, a ‘genuine’ issue exists if there is ‘sufficient evidence supporting the claimed factual dispute’ to require a choice between ‘the parties differing versions of the truth at trial.” Garside, 895 F.2d at 48 (quoting Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir. 1975)). “Issues, are not suitable for summary judgment if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ Martinez-Burgos v. Guayama Corp., 656 F.3d 7, 11 (2011) (quoting Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505).

The party moving for summary judgment has the initial burden of “de-monstrat[ing] the absence of a genuine issue of material fact” with definite and competent evidence. Campos v. Van Ness, 711 F.3d 243, 247-48 (1st Cir. 2013) (citation omitted). It must identify sections of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any” which support its motion. Id. Once a properly supported motion has been presented, the burden shifts to the nonmovant “to demonstrate that a trier of-fact reasonably could find in its favor.” Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir. 2000) (internal marks and citation omitted).

“The mere existence of a scintilla of evidence in support of the [honmov-ant]’s position will be insufficient; there must be- evidence on which the jury could reasonably-find for the [nonmovant].” Murray v. Kindred Nursing Ctrs. W. LLC, 789 F.3d 20, 26 (1st Cir. 2015) (quoting Liberty Lobby, 477 U.S. at 252, 106 S.Ct. 2505). A party opposing summary judgment is required to “prqsent definite, competent évi-[246]*246dence to rebut the motion.” Martinez-Rodriguez v. Guevara, 597 F.3d 414, 419 (1st Cir. 2010) (citation omitted). In making this assessment, the court must “review the record in the light most favorable to the nonmoving party, drawing all reasonable inferences in the nonmoving party’s favor.” Escribano-Reyes v. Prof'l Hepa Certificate Corp., 817 F.3d 380, 386 (1st Cir. 2016).

III. MOTION FOR SUMMARY JUDGMENT

Because Arroyo failed to file a timely opposition to the motion for summary judgment, the “Court may consider the summary judgment motion unopposed, and take as uncontested all evidence presented with that motion.” Nieto-Vincenty v. Valledor, 22 F.Supp.3d 153, 161 (D.P.R. 2014) (Besosa, J.) (citation omitted).

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258 F. Supp. 3d 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arroyo-ruiz-v-triple-s-management-group-prd-2017.