Rosado-Gonzalez v. Alejandro Otero Lopez Hospital

836 F. Supp. 2d 48, 2011 WL 5520975, 2011 U.S. Dist. LEXIS 131511
CourtDistrict Court, D. Puerto Rico
DecidedNovember 14, 2011
DocketCivil No. 09-2117 (JAG)
StatusPublished
Cited by1 cases

This text of 836 F. Supp. 2d 48 (Rosado-Gonzalez v. Alejandro Otero Lopez Hospital) 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
Rosado-Gonzalez v. Alejandro Otero Lopez Hospital, 836 F. Supp. 2d 48, 2011 WL 5520975, 2011 U.S. Dist. LEXIS 131511 (prd 2011).

Opinion

OPINION AND ORDER

GARCIA-GREGORY, District Jhdge.

Before the Court are Plaintiffs’ Objections to Magistrate Judge Velez-Rive’s Report and Recommendation. (Docket No. 43). Plaintiffs object to the Magistrate Judge’s recommendation that summary judgment be granted in favor of Defendant Alejandro Otero Lopez Hospital (“Defendant” or “Hospital”).

Upon de novo review, the Court ADOPTS the Report and Recommendation in its entirety. Accordingly, the Court GRANTS Defendant’s Motion for Summary Judgment.

FACTUAL BACKGROUND

Because no objections were filed to the Magistrate Judge’s findings of fact, and because the Court considers that a more developed factual background is unnecessary for the disposition of the pending motion, the Court simply incorporates by reference the findings made in the Magistrate Judge’s Report. (Docket No. 41).

STANDARD OF REVIEW

Summary Judgment

“Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law based on the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits.” Thompson v. Coca-Cola Co., 522 F.3d 168, 175 (1st Cir.2008) (citing Fed. R.Civ.P. 56(c)). The issue is “genuine” if it can be resolved in favor of either party. Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 19 (1st Cir.2004). A fact is “material” if it has the potential to change the outcome of the suit under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The party moving for summary judgment bears the burden of showing the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “In prospecting for genuine issues of material fact, we resolve all conflicts and draw all reasonable inferences in the nonmovant’s favor.” Vineberg v. Bissonnette, 548 F.3d 50, 56 (1st Cir.2008).

Although this perspective is favorable to the nonmovant, once a properly supported motion has been presented before this Court, the opposing party has the burden of demonstrating that a trial-worthy issue exists that would warrant this Court’s de[51]*51nial of the motion for summary judgment. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The opposing party must demonstrate “through submissions of evidentiary quality[] that a trial worthy issue persists.” Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006) (internal citations omitted). Moreover, on issues “where [the opposing] party bears the burden of proof, it ‘must present definite, competent evidence’ from which a reasonable jury could find in its favor.” United States v. Union Bank for Sav. & Inv. (Jordan), 487 F.3d 8, 17 (1st Cir.2007) (citing United States v. One Parcel of Real Property, 960 F.2d 200, 204 (1st Cir.1992)). Hence, summary judgment may be appropriate, if the non-moving party’s case rests merely upon “conclusory allegations, improbable inferences, and unsupported speculation.” Forestier Fradera v. Municipality of Mayaguez, 440 F.3d 17, 21 (1st Cir.2006) (citing Benoit v. Technical Mfg. Corp., 331 F.3d 166, 173 (1st Cir.2003)).

Review of a Magistrate Judge’s Report and Recommendation

Pursuant to 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b) and Local Rule 503, a district court may refer dispositive motions to a United States magistrate judge for a report and recommendation. See Alamo Rodriguez v. Pfizer Pharmaceuticals, Inc., 286 F.Supp.2d 144, 146 (D.P.R.2003). The adversely affected party may “contest the [magistrate [j]udge’s report and recommendation by filing objections ‘within ten days of being served’ with a copy of the order.” United States v. Mercado Pagan, 286 F.Supp.2d 231, 233 (D.P.R.2003) (citing 28 U.S.C. § 636(b)(1)). If objections are timely filed, the district judge shall “make a de novo determination of those portions of the report or specified findings or recommendation to which [an] objection is made.” Rivera de Leon v. Maxon Eng’g Servs., 283 F.Supp.2d 550, 555 (D.P.R.2003). A district court can “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” Alamo Rodriguez, 286 F.Supp.2d at 146 (citing Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985)). However, if the affected party fails to timely file objections, the district court can assume that they have agreed to the magistrate judge’s recommendation. Id.

DISCUSSION

Fed.R.Civ.P. 72(b) provides that a party may file specific, written objections to the proposed findings and recommendations of a Magistrate Judge. In the same vein, Local Rule 72(d) requires that these objections “specifically identify the portion of the proposed [... ] recommendation or report to which an objection is made and the legal basis for such objection.” Nevertheless, these objections should not “be construed as a second opportunity to present the arguments already considered by the Magistrate Judge.” Betancourt v. Ace Ins. Co. of Puerto Rico, 313 F.Supp.2d 32, 34 (D.P.R.2004).

The Court notes that Plaintiffs' ohjection to the Report is, quite literally, a carbon copy of the motion presented as their opposition to Defendant’s motion for summary judgment. (Cf. Dockets 32 and 43). Further, Plaintiffs do not point to any specific fault in the Magistrate Judge’s factual findings or legal reasoning. This Court has dealt with such a situation before. See Betancourt v. Ace Ins. Co., 313 F.Supp.2d at 34; see also Castro-Rivera v. Citibank, 195 F.Supp.2d 363, 365 (D.P.R.2002) (Plaintiffs cannot expect the Court to treat their filing seriously when they merely re-hash arguments already presented to the magistrate judge). Like in Betancourt, Plaintiffs here have failed to provide “specific, direct objections to [52]*52the findings made by the Magistrate Judge.” Id. Instead, they chose to duplicate the same arguments already disposed of in the Report and Recommendation. Id. Thus, the Court finds that Plaintiffs’ objections fail to meet the procedural requirements of Fed.R.Civ.P.

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Bluebook (online)
836 F. Supp. 2d 48, 2011 WL 5520975, 2011 U.S. Dist. LEXIS 131511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosado-gonzalez-v-alejandro-otero-lopez-hospital-prd-2011.