Carrasco-Rodríguez v. Torres-Torres

197 F. Supp. 3d 325, 2016 WL 3647854
CourtDistrict Court, D. Puerto Rico
DecidedJuly 1, 2016
DocketCIVIL NO. 14-1060 (GAG)
StatusPublished
Cited by1 cases

This text of 197 F. Supp. 3d 325 (Carrasco-Rodríguez v. Torres-Torres) 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
Carrasco-Rodríguez v. Torres-Torres, 197 F. Supp. 3d 325, 2016 WL 3647854 (prd 2016).

Opinion

OPINION AND ORDER

GUSTAVO A. GELPI, United States District Judge

Plaintiffs José A. Carrasco-Rodríguez, Luis Diaz-Rivera, Anthony Martinez-Ma-[328]*328tos, Ivelisse Navarro-Rivera, Iris I. Alicea-Guzmán, Ivis W. Negrón-Martínez, Myrna L. Albelo-Albelo, José E. Rosado-Agosto, Joel A. Santiago-García, Celidés Rosado-Santiago, David J. Sánehez-Rivera, Nerei-da Rivera-Díaz, Eduardo Chévere-Cosme, Suly Moreno-Berríos, Carmen M. Vázquez-Nieves, Betzaida Beltrán-Rodrí-guez and Delimar Rivera-Resto1 (collectively “Plaintiffs”), bring this action pursuant to 42 U.S.C. § 1983, alleging violations of the First, Fifth, and Fourteenth Amendments of the U.S. Constitution by Defendants Sergio Torres-Torres, Rosarito Rod-ríguez-Albino, Ricardo Rodriguez-Diaz, Juan Rodriguez-Barreto, and the Municipality of Corozal (collectively “Defendants”). (Docket No. 7.) Plaintiffs also bring state claims alleging violations of Article II of the Constitution of the Commonwealth of Puerto Rico, §§ 1, 2, 4, 6 and 7; and Articles 1802 and 1803 of the Puerto Rico Civil Code, P.R. Laws AnN. tit. 31, §§ 5141 and 5142. Id.

Presently before the Court is Defendants’ motion for summary judgment and Plaintiffs’ response. (Docket Nos. 98; 110.) After reviewing the submissions and the pertinent law, the Court GRANTS in part and DENIES in part Defendants’ motion for summary judgment.

I. Standard of Review

Summary judgment is appropriate when “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.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see Fed. R. Civ. P. 56(a). “An issue is genuine if ‘it may reasonably be resolved in favor of either party at trial, ... and material if it ‘possesses] the capacity to sway the outcome of the litigation under the applicable law.’” Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006) (alteration in original) (internal citations omitted). The moving party bears the initial burden of demonstrating the lack of evidence to support the non-moving party’s case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. “The mov-ant must aver an absence of evidence to support the nonmoving party’s case. The burden then shifts to the nonmovant to establish the existence of at least one fact issue which is both genuine and material.” Maldonado-Denis v. Castillo-Rodríguez, 23 F.3d 576, 581 (1st Cir.1994). The non-movant may establish a fact is genuinely in dispute by citing particular evidence in the record or showing that either the materials cited by the movant “do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R.Civ. P. 56(c)(1)(B). If the court finds that some genuine factual issue remains, the resolution of which could affect the outcome of the case, then the court must deny summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

When considering a motion for summary judgment, the court must view the evidence in the light most favorable to the nonmoving party and give that party the benefit of any and all reasonable inferences. Id. at 255,106 S.Ct. 2505. Moreover, at the summary judgment stage, the court [329]*329does not make credibility determinations or weigh the evidence. Id. Summary judgment may be appropriate, however, if the nonmoving party’s case rests merely upon “conclusory allegations, improbable inferences, and unsupported speculation.” Forestier Fradera v. Mun. of Mayaguez, 440 F.3d 17, 21 (1st Cir.2006) (quoting Benoit v. Technical Mfg. Corp., 331 F.3d 166, 173 (1st Cir.2003)).

II. Plaintiffs’ Motion to Deem Admitted All Properly Supported Facts

As a threshold matter, the Court addresses Plaintiffs’ motion at Docket No. 115 asking the Court to deem admitted all facts in Plaintiffs’ unopposed statement of additional uncontested facts. In response to Defendants’ motion for summary judgment, Plaintiffs filed an opposition memorandum of law, an opposition to Defendants’ statement of uncontested facts, and a statement of additional uncontested material facts. (Docket Nos. 104, 106, 107-1.) After a little more than a month, Plaintiffs’ filed this motion because Defendants had not responded to Plaintiffs’ statement of additional uncontested material facts in clear violation of Local Rule 7(c). (Docket No. 115.)

Local Rule 56(c) provides that Plaintiffs can include a separate section of additional facts in their opposition to summary judgment. L.Cv.R. 56(c). “Facts contained in a ... opposing statement of material facts ... shall be deemed admitted unless properly controverted.” L.Cv.R. 56(e). Defendants are correct in stating that they are under no obligation to file a reply to Plaintiffs’ opposition to summary judgment. However, Local Rule 56(e) is clear: when a party files a statement of facts, whether in support or in opposition to summary judgment, those facts will be deemed admitted unless properly controverted. Defendants failed to properly controvert Plaintiffs’ Statement of Additional Uncontested Material Facts at Docket No. 104.2 Parties who ignore any provision of Local Rule 56, “do so at their own peril.” Ruis Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000). All of Plaintiffs’ additional uncontested material facts are deemed admitted, and Plaintiffs’ motion at Docket 115 is GRANTED. The Court, of course, will only consider material facts in resolving Defendants’ motion for summary judgment.

III. Relevant Factual and Procedural Background3 1

Plaintiffs are a group of former employees of the Municipality of Corozal. (See generally Docket No. 104.) Fourteen of them were transitory employees4, and two [330]*330of them were career employees.5 Id. Plaintiffs occupied the folio-wing positions: Supervisor of the Workers’ Brigade, Supervisor of Asphalt Brigade, Office Services Assistant, Programmatic Affairs Officer, Auxiliary Collector, Maintenance Worker, Office Systems Technician, Human Resources Technician, Heavy Motor Vehicle Driver, Assistant Director of Human Resources, and Official Collector. Id. at 6-33.

All the Plaintiffs have been affiliated to the NPP, and actively campaigned for Defendants’ rivals—the NPP. Id. ¶¶ 64-56, 67-71, 85-90, 99-101, 119-123, 140, 149-150,-159-163, 174-175, 190-191, 212, 227-229, 247-248, 260-262, 281, 299. Defendants are all affiliated with the PDP. Id. ¶¶8-9, 17-20, 25, 32, 35.

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Bluebook (online)
197 F. Supp. 3d 325, 2016 WL 3647854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrasco-rodriguez-v-torres-torres-prd-2016.