Velez-Cortes v. Awning Windows, Inc.

375 F.3d 35, 58 Fed. R. Serv. 3d 1113, 2004 U.S. App. LEXIS 14182, 94 Fair Empl. Prac. Cas. (BNA) 97, 85 Empl. Prac. Dec. (CCH) 41,745, 2004 WL 1554450
CourtCourt of Appeals for the First Circuit
DecidedJuly 9, 2004
Docket03-2277
StatusPublished
Cited by79 cases

This text of 375 F.3d 35 (Velez-Cortes v. Awning Windows, Inc.) 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
Velez-Cortes v. Awning Windows, Inc., 375 F.3d 35, 58 Fed. R. Serv. 3d 1113, 2004 U.S. App. LEXIS 14182, 94 Fair Empl. Prac. Cas. (BNA) 97, 85 Empl. Prac. Dec. (CCH) 41,745, 2004 WL 1554450 (1st Cir. 2004).

Opinion

SELYA, Circuit Judge.

This appeal tells a cautionary tale of the risks run by parties who adopt a laissez- *37 faire attitude toward court-imposed deadlines. The defendants in this case — Awning Windows, Inc. (AWI) and the Estate of Ismael Nieves-Valle (the Estate) — acted in that fashion. The district court, after patiently granting several extensions and issuing pointed warnings, finally decided that enough was enough. It held the defendants to the deadlines previously announced, denied certain of their motions for noncompliance with the court’s scheduling order, disregarded the defendants’ tardy opposition to a motion for partial summary judgment, took the proffer of plaintiff-appellee Minerva Vélez-Cortes (Vélez) as true, and resolved the issue of liability in Vélez’s favor. A jury thereafter awarded Vélez nearly three-quarters of a million dollars in damages. The defendants appeal. Discerning no semblance of error, we affirm.

I. TRAVEL OF THE CASE

Vélez began work for a company owned by Ismael Nieves-Valle (Nieves) in 1987. In time, Vélez and Nieves became romantically entangled. Vélez claims that after she broke off their adulterous affair, she was sexually harassed. She further claims that, in March 2000, this harassment culminated in her dismissal.

On March 26, 2002, Vélez commenced an employment discrimination action against AWI and Nieves in Puerto Rico’s federal district court. 1 Her complaint invoked 42 U.S.C. §§ 2000e to 2000e-16 (Title VII) and a plethora of Puerto Rican discrimination statutes. See, e.g., 29 P.R. Laws Ann. §§ 146, 155 — 155Z. Pretrial discovery revealed a dalliance gone sour and, on the plaintiffs account, an ensuing campaign of harassment leading to her discharge.

As this appeal turns largely on the travel and procedural history of the case, we eschew any further discussion of the facts at this point. Instead, we set out a procedural chronology (each date refers to the time when the filing in question was entered on the district court’s docket).

1. March 26, 2002. The plaintiff instituted the action.
2. April SO, 2002. The plaintiff moved for the entry of default, see Fed.R.Civ.P. 55(a), because the defendants failed to answer or otherwise plead within the allotted twenty-day period.
3. May 3, 2002. The district court ordered the defendants to show cause, on or before May 15, why a default should not be entered.
4. May 22, 2002. The plaintiff renewed her motion for entry of default, noting that neither defendant had responded to the show-cause order.
5. May 31, 2002. The district court defaulted both defendants.
6. June 6, 2002. Citing Nieves’s sudden death in a helicopter accident on May 25, AWI asked the district court to set aside the default and afford the defendants forty-five additional days within which to answer the complaint.
7. June 24, 2002. The district court granted the plaintiffs request to substitute the Estate in Nieves’s stead as a party defendant. See Fed.R.Civ.P. 25(a)(1). The court also granted AWI’s request to set aside the default and ordered the defendants to answer or otherwise plead by July 19. The court warned that failure to comply “on or before the aforementioned date SHALL result in the Court re-entering default and proceeding with a Damages Hearing.”
*38 8. July 11, 2002. The defendants answered the plaintiffs complaint. Discovery then ensued.
9. November 15, 2002. The plaintiff moved for partial summary judgment on the issue of liability.
10. December 2, 2002. The defendants' opposition to the motion for partial summary judgment was due, but none was filed.
11. December 5, 2002. The district court granted the defendants until December 13 to submit their opposition.
12. December 13, 2002. Instead of filing their opposition by the extended deadline, the defendants moved for a further extension.
13. December 17, 2002. The district court held an omnibus scheduling conference (the OSC).
14. December 20, 2002. The court entered an order that, inter alia, directed the defendants to file (i) no later than January 7, 2003, answers to the plaintiffs interrogatories; (ii) no-later than January 17, 2003, a legal memorandum, concerning the “admissibility of hearsay and other evidence” following, a party’s death prior to discovery; and (iii) no later than January 17, 2003, a memorandum detailing AWI’s finances and the Estate’s assets. The court admonished that the defendants’ failure to comply with any of these directives would “result in sanctions including ... elimination of all defenses set forth in their answer to the complaint.”
In tandem with these orders, the court further extended the time for filing an opposition to the plaintiffs motion for partial summary judgment. The court fixed February 20 as the due date for the opposition, warned the defendants that “[n]o extensions will be given,” and advised them that, should they “fail to file an opposition on or before the aforementioned date the Court SHALL consider Plaintiffs motion as unopposed.”
15. January 7, 2003. The defendants served their answers to interrogatories.
16. January 15, 2003. The defendants filed a motion to dismiss, alleging that the plaintiff did not have a cause of action against Nieves (and, .therefore, could not sue the Estate) because supervisors are not' personally liable under Title VII.
17. January 17, 2003. The defendants moved for an extension of time, up to and including February 4, 2003, within which to file the hearsay memorandum and comply with the remaining commands of the OSC. Although the court took no immediate action on this motion, the defendants failed to make the required filings.
18. February 5, 2003. Citing the plaintiffs delay in completing her deposition and answers to interrogatories, the defendants moved to extend the deadline for filing an opposition to the motion for partial summary judgment from February 20 to February 28.
19. February 20, 2003.

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375 F.3d 35, 58 Fed. R. Serv. 3d 1113, 2004 U.S. App. LEXIS 14182, 94 Fair Empl. Prac. Cas. (BNA) 97, 85 Empl. Prac. Dec. (CCH) 41,745, 2004 WL 1554450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velez-cortes-v-awning-windows-inc-ca1-2004.