Manuel T. HIDALGO, Plaintiff, Appellant, v. OVERSEAS CONDADO INSURANCE AGENCIES, INC., Defendant, Appellee

120 F.3d 328, 1997 U.S. App. LEXIS 21167, 73 Empl. Prac. Dec. (CCH) 45,288, 75 Fair Empl. Prac. Cas. (BNA) 1027, 1997 WL 436709
CourtCourt of Appeals for the First Circuit
DecidedAugust 11, 1997
Docket96-2000
StatusPublished
Cited by126 cases

This text of 120 F.3d 328 (Manuel T. HIDALGO, Plaintiff, Appellant, v. OVERSEAS CONDADO INSURANCE AGENCIES, INC., Defendant, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manuel T. HIDALGO, Plaintiff, Appellant, v. OVERSEAS CONDADO INSURANCE AGENCIES, INC., Defendant, Appellee, 120 F.3d 328, 1997 U.S. App. LEXIS 21167, 73 Empl. Prac. Dec. (CCH) 45,288, 75 Fair Empl. Prac. Cas. (BNA) 1027, 1997 WL 436709 (1st Cir. 1997).

Opinion

STAHL, Circuit Judge.

Plaintiff-appellant Manuel T. Hidalgo appeals the district court’s grant of summary judgment in favor of defendant-appellee Overseas Condado Insurance Agencies, Inc. on Hidalgo’s claim for damages and equitable relief pursuant to the Age Discrimination and Employment Act, 29 U.S.C. §§ 621-634. Finding that plaintiff-appellant failed to present evidence sufficient to meet his burden of persuasion concerning unlawful age animus, we affirm.

Background

On January 15, 1963, Hidalgo and two partners formed the Condado Insurance Agency, Inc. (“Condado”). Hidalgo subsequently became the sole shareholder. In September 1982, Hidalgo sold Condado to Royal Insurance Ltd. (“Royal”). After the sale, Royal retained Hidalgo as president of Condado. Some time later, Royal acquired Overseas Insurance Agencies, Inc., and, in 1988, merged this agency with Condado to form the Overseas Condado Insurance Agencies, Inc. (“Overseas”). In the process of the merger, Royal created the Condado Division of Overseas and named Hidalgo president of the Division. The Condado Division consisted of Hidalgo, Sagrario Maiz del Toro (Hi-dalgo’s secretary) and Doris Rodriguez (Hi-dalgo’s assistant). Dating from the sale of Condado to Royal, Hidalgo’s functions included promoting and servicing all of Conda-do’s existing accounts and acquiring new accounts.

On September 1,1993, Hidalgo’s sixty-fifth birthday, Hidalgo was to become eligible to retire and receive normal benefits under Overseas’ retirement plan. Approximately five months before this date, on March 29, 1993, Victor Rios, President of Royal and Chairman of Overseas, sent Hidalgo a letter informing him that Overseas recognized that he would become eligible for normal retirement benefits on September 1,1993, and that Overseas expected him to retire on that date “[i]n accordance with the company’s established guidelines.”

After receiving this letter, Hidalgo informed Rios that he did not intend to retire on September 1. On July 2, 1993, Rios sent Hidalgo another communication informing him that the Condado Division would cease to exist on September 1 because Overseas planned to integrate it into its “regular, operation.” In this same communication, Rios instructed Hidalgo that Overseas would wait until September 1 to allow him to “fully qualify for ... [his] pension plan,” but that it did not intend to extend his employment contract after that date. On August 18, Hi-dalgo again informed Rios of his desire to remain as president of the Condado Division. Rios replied by offering Hidalgo an arrangement whereby he could function as an “independent producer” with his compensation based on commissions and bonuses. Hidalgo refused this offer.

Subsequently, Hidalgo filed complaints with the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor and Human Resources of Puerto Rico. On December 30,1993, the Department of Labor issued Hidalgo a Notice of Right to Sue. On March 10, 1994, Hidalgo filed in federal district court the complaint which underlies this appeal. He alleged that Overseas dismissed him from his job because of his age and requested damages and equitable relief pursuant to the Age Discrimination and Employment Act (“ADEA”), 29 U.S.C. §§ 621-634. Hidalgo also invoked the district court’s supplemental jurisdiction pursuant to 28 U.S.C. § 1367 for his state law claims seeking compensation for age-based discrimination, 29 P.R. Laws Ann. tit. 29, § 146 (1985).

On June 24, 1994, Overseas filed a Motion to Dismiss or for Summary Judgment. On June 20,1996, the district court (Casellas, J.), treating the motion as a motion for summary judgment, determined that Hidalgo failed to establish one of the elements necessary to state a prima facie case of employment discrimination under the ADEA. Notwithstanding this determination, the court further ruled that Hidalgo failed either to prove that Overseas’ articulated legitimate reasons for *332 his dismissal were a “mere pretext” or to provide evidence of discriminatory animus on Overseas’ behalf. The court also refused to exercise pendent jurisdiction over Hidalgo’s state law claims. Consequently, the court disposed of Hidalgo’s complaint in its entirety. This appeal ensued. 1

Standard of Review

“[0]ur review of a grant of summary judgment is de novo, [and] we, like the district court, are obliged to review the record in the light most favorable to the non-moving party, and to draw all reasonable inferences in the nonmoving party’s favor.” LeBlanc v. Great Am. Ins. Co., 6 F.3d 836, 841 (1st Cir.1993). “ ‘An inference is reasonable only if it can be drawn from the evidence without resort to speculation.’ ” Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir.1996) (quoting Frieze v. Boatmen’s Bank of Belton, 950 F.2d 538, 541 (8th Cir. 1991)). The district court’s award of summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with 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.” Fed.R.Civ.P. 56(c). “[T]o defeat a properly supported motion for summary judgment, the nonmoving party must establish a trial-worthy issue by presenting ‘enough competent evidence to enable a finding favorable to the nonmoving party.’ ” LeBlanc, 6 F.3d at 842 (quoting Goldman v. First Nat’l Bank of Boston, 985 F.2d 1113, 1116 (1st Cir.1993)). “An appellate panel is not restricted to the district court’s reasoning but can affirm a summary judgment on any independently sufficient ground.” Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir.1991).

Discussion

Hidalgo makes two primary arguments. 2 He first argues that the district court erred in determining that he failed to establish a prima facie case of age discrimination under the ADEA. He then contends that the district court improperly concluded that he did not prove that Overseas’ reasons for dismissing him were pretextual and that Overseas’ actions derived from discriminatory animus. We address these contentions in turn.

In an ADEA discrimination action, the plaintiff bears the ultimate “ ‘burden of proving that his years were the determinative factor in his discharge, that is, that he would not have been fired but for his age.’ ” Mesnick v. General Elec. Co., 950 F.2d 816, 823 (1st Cir.1991) (quoting Freeman v. Package Mach. Co.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Logue v. The RAND Corporation
D. Massachusetts, 2023
Bounphasaysonh v. Town of Webster
D. Massachusetts, 2022
Henderson v. MBTA
First Circuit, 2020
Chapman v. Finnegan
950 F. Supp. 2d 285 (D. Massachusetts, 2013)
Dyjak v. Baystate Health Systems, Inc.
945 F. Supp. 2d 197 (D. Massachusetts, 2013)
Powell v. Dallas Morning News L.P.
776 F. Supp. 2d 240 (N.D. Texas, 2011)
Acevedo-Padilla v. Novartis Ex Lax, Inc.
740 F. Supp. 2d 293 (D. Puerto Rico, 2010)
Garcia v. Peake
707 F. Supp. 2d 275 (D. Puerto Rico, 2010)
Phair v. New Page Corp.
708 F. Supp. 2d 57 (D. Maine, 2010)
Lawson v. Plantation General Hospital, L.P.
704 F. Supp. 2d 1254 (S.D. Florida, 2010)
Lopez-Mendez v. Lexmark International, Inc.
680 F. Supp. 2d 357 (D. Puerto Rico, 2010)
Melendez v. Autogermana, Inc.
606 F. Supp. 2d 189 (D. Puerto Rico, 2009)
L'Etoile v. New England Finish System
2008 DNH 163 (D. New Hampshire, 2008)
Colon v. SAN JUAN MARRIOTT RESORT AND STELLARIS
600 F. Supp. 2d 295 (D. Puerto Rico, 2008)
Torres-Alman v. Verizon Wireless Puerto Rico, Inc.
522 F. Supp. 2d 367 (D. Puerto Rico, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
120 F.3d 328, 1997 U.S. App. LEXIS 21167, 73 Empl. Prac. Dec. (CCH) 45,288, 75 Fair Empl. Prac. Cas. (BNA) 1027, 1997 WL 436709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-t-hidalgo-plaintiff-appellant-v-overseas-condado-insurance-ca1-1997.