Migda Rodriguez-Antuna v. Chase Manhattan Bank Corporation

871 F.2d 1, 13 Fed. R. Serv. 3d 660, 1989 U.S. App. LEXIS 3636, 1989 WL 25511
CourtCourt of Appeals for the First Circuit
DecidedMarch 24, 1989
Docket88-2148
StatusPublished
Cited by82 cases

This text of 871 F.2d 1 (Migda Rodriguez-Antuna v. Chase Manhattan Bank Corporation) 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
Migda Rodriguez-Antuna v. Chase Manhattan Bank Corporation, 871 F.2d 1, 13 Fed. R. Serv. 3d 660, 1989 U.S. App. LEXIS 3636, 1989 WL 25511 (1st Cir. 1989).

Opinion

SELYA, Circuit Judge.

Six plaintiffs, all employees of Chase Manhattan Bank, sued their employer in federal district court on February 16, 1988. They alleged, inter alia, that the bank, through one of its vice-presidents, invaded their privacy and caused them emotional distress by accusing them (falsely) of making “dial-a-porn” toll calls on the bank’s telephones. Plaintiffs said that they “were kept against their will after hours” in a meeting room, while bank officials investigated the provenance of the concupiscent calls. To add insult to injury, plaintiffs were forced to listen, in the presence of others, to a ribald recording of one such call, which “present[ed] a woman having sexual relations with a man, and telling him how she wanted him to do it.”

Defendant moved to dismiss for failure to state an actionable claim. Plaintiffs filed an eleventh-hour opposition. Despite the lateness of the objection, the district court gave substantive consideration to the motion before dismissing the action. It concluded that various federal statutes mentioned in plaintiffs’ complaint had not been triggered and that plaintiffs’ tort claims under Puerto Rico law were time-barred. 1 Judgment was entered on May 23, 1988. Plaintiffs had 30 days in which to appeal, see Fed.R.App.P. 4(a)(1); see also Browder v. Director, Illinois Dep’t of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 560-61, 54 L.Ed.2d 521 (1978) (appeal in *2 civil case must be taken “within 30 days of entry of the [contested] judgment or order”), but frittered it away.

On July 22, 1988, well after the appeal period had expired, plaintiffs filed a request for relief from judgment in the district court. They did not attempt to resuscitate the federal-law causes of action, but focused exclusively on the tort claims. They asserted that the district court had erred in finding those claims stale. The court, in plaintiffs’ view, had miscalculated the year-long period, see supra note 1, in that the day of the event should not have been counted, and other days were excluda-ble as weekends and/or holidays. Defendant interposed an objection. The district judge treated plaintiffs’ request as a motion under Fed.R.Civ.P. 60(b) 2 and denied it in mid-September on two grounds: first, the request was not filed within a reasonable time; and second, the suggested computation of the limitations period was amiss. On October 5, plaintiffs filed their first (and only) notice of appeal.

I

We begin by delineating what is properly before us and, equally important, what is not. No appeal was taken from the May 24, 1988 judgment within the time allowed by law. Thus, the merits of the judgment are not susceptible to review. The notice of appeal was, however, timely as to the district court’s refusal to relieve plaintiffs from the judgment. The September order, therefore, may be evaluated in this proceeding. But a punctual appeal from an order denying such a motion does not automatically produce a Lazarus-like effect; it cannot resurrect appellants’ expired right to contest the merits of the underlying judgment, nor bring the judgment itself before us for review. See Browder, 434 U.S. at 263 n. 7, 98 S.Ct. at 660 n. 7; Ojeda-Toro v. Rivera-Mendez, 853 F.2d 25, 28-29 (1st Cir.1988); Lepare v. Vidockler, 792 F.2d 272, 273-74 (1st Cir.1986). Thus, our inquiry is restricted to the propriety of the September order.

II

Due performance of this circumscribed task requires that we retreat a step and consider the nature of plaintiffs’ request for relief from judgment. In filing it, plaintiffs identified none of the applicable procedural rules. We fill that gap unhesitatingly. It is settled law in this circuit that a motion which asks the court to modify its earlier disposition of a case solely because of an ostensibly erroneous legal result is brought under Fed.R.Civ.P. 59(e). See In re Sun Pipe Line Co., 831 F.2d 22, 24 (1st Cir.1987) (collecting cases), cert. denied, — U.S. -, 108 S.Ct. 2821, 100 L.Ed.2d 922 (1988); Silk v. Sandoval, 435 F.2d 1266, 1267-68 (1st Cir.), cert. denied, 402 U.S. 1012, 91 S.Ct. 2189, 29 L.Ed.2d 435 (1971). Such a motion, without more, does not invoke Fed.R.Civ.P. 60(b). See Silk, 435 F.2d at 1267 (“If the court merely wrongly decides a point of law, that is not ‘inadvertence, surprise, or excusable neglect.’ ”) (quoting Rule). Absent fraud, newly-discovered evidence, a party’s pardonable omission, or the like, see supra note 2—none of which were meaningfully alleged—the July 22 motion must be measured by the Rule 59 yardstick.

Once it is acknowledged which rule controlled, the fruitlessness of plaintiffs’ current mission becomes readily apparent. On its face, the request was substantially out of time. See Fed.R.Civ.P. 59(e) (“A motion *3 to alter or amend the judgment shall be served not later than 10 days after the entry of the judgment.”). Accordingly, plaintiffs’ entreaty was correctly rejected by the court below, and the appeal from the order denying relief is meritless.

Ill

To be sure, the district court did not undertake a Rule 59 analysis. Rather, the judge treated plaintiffs’ motion as invoking Rule 60(b), and denied it on somewhat different grounds. 3 As we see things, any error in that respect was harmless.

First, we may affirm judgments on any sufficient grounds corroborated by the record, see, e.g., Camacho v. Autoridad de Telefonos de Puerto Rico, 868 F.2d 482, 489 (1st Cir.1989); Freeman v. Package Machinery Co., 865 F.2d 1331, 1349-50 (1st Cir.1988); Polyplastics, Inc. v. Transconex, Tac., 827 F.2d 859, 860-61 (1st Cir.1987), whether or not the same ratiocinato-ry path was travelled below. After all, “[a]n appellate court is not wed to a trial court’s reasoning....”

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Bluebook (online)
871 F.2d 1, 13 Fed. R. Serv. 3d 660, 1989 U.S. App. LEXIS 3636, 1989 WL 25511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/migda-rodriguez-antuna-v-chase-manhattan-bank-corporation-ca1-1989.