Pedro Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42 (1st Cir. 2004). · Go Syfert
Pedro Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42 (1st Cir. 2004). Cases Citing This Book View Copy Cite
126 citation events (126 in the last 25 years) across 5 distinct courts.
Strongest positive: Quintana-Dieppa v. Department of the Army (ca1, 2025-02-25)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Quintana-Dieppa v. Department of the Army
1st Cir. · 2025 · confidence medium
If a party does not comply with the rule, the "district court is free, in the exercise of its sound discretion, to accept the moving party's facts as stated." Cabán Hernandez, 486 F.3d at 7 (first citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir. 2004); and then citing Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir. 2000)).
discussed Cited as authority (rule) Roman-Tirado v. Hospital San Carlos, Inc.
D.P.R. · 2023 · confidence medium
Corp. v. Colon, 819 F. Supp. 2d 55, 61 (D.P.R. 2011) (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir. 2004)); see also Mariani-Colon v. Dep’t of Homeland Sec., 511 F.3d 216, 219 (1st Cir. 2007) (“If the party opposing summary judgment fails to comply with Local Rule 56(c), the rule permits the district court to treat the moving party’s statement of facts as uncontested.”) (cleaned up).
discussed Cited as authority (rule) Packgen v. BP Exploration & Production, Inc.
D. Me. · 2013 · confidence medium
R. 56(f); see Cormier v. Fisher, 404 F.Supp.2d 357 , 362 n. 2 (D.Me. 2005); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004) (“[F]ailure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000)).
discussed Cited as authority (rule) Reyes-Reyes v. Toledo-Davila
D.P.R. · 2012 · confidence medium
When “a party opposing summary judgment fails to act in accordance with the rigors that such a rule imposes, a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 7 (1st Cir.2007) (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir. 2004)).
discussed Cited as authority (rule) Total Petroleum Puerto Rico Corp. v. Colon
D.P.R. · 2011 · confidence medium
Where a party does not act in compliance with Local Rule 56(c), “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) Marrero-Saez v. Municipality of Aibonito (2×)
D.P.R. · 2011 · confidence medium
Rodriguez-Diaz , No. 10-1317, slip op. at 14; see also Gonzalez-De-Blasini, 377 F.3d at 85-86 (affirming the district court’s entry of summary judgment for defendants, upon finding that the fact that plaintiff was a well-known supporter of the opposing party, had held previous trust positions under said party’s administration, and that was allegedly demoted after they assumed power, was insufficient to show that defendants knew about her political affiliation, and that said affiliation was the motivating factor for her demotion); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 48 (1st Cir.…
discussed Cited as authority (rule) Rodriguez-Torres v. GOVERNMENT DEVELOPMENT BANK
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosa *411 do v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) TC Investments, Corp. v. Becker
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56(c), “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) Oquendo-Rivera v. Toledo
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) Guillen-Gonzalez v. JC PENNEY CORP., INC.
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) United States v. Foley
D. Me. · 2010 · confidence medium
Therefore, the Statement of Material Facts, which is properly supported by references to the summary judgment record, is deemed admitted.”) (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004) ("We have consistently upheld the enforcement of [Puerto Rico’s similar local] rule, noting repeatedly that parties ignore it at their peril and that failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted.”)). 4 .
discussed Cited as authority (rule) Mercado v. Cooperativa De Seguros De Vida De Puerto Rico (2×) also: Cited "see"
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)) In this case, plaintiffs have failed to comply with the requirements of Local Rule 56(c).
cited Cited as authority (rule) Pereora v. State Ins. Fund Corp. of the Com. of Pr
D.P.R. · 2010 · confidence medium
Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977)); (Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004)).
cited Cited as authority (rule) Cintron-Arbolay v. Cordero-Lopez
D.P.R. · 2010 · confidence medium
Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977)); (Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004)).
examined Cited as authority (rule) Garcia v. Peake (3×) also: Cited "see"
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) Lopez-Mendez v. Lexmark International, Inc.
D.P.R. · 2010 · confidence medium
Where a party does not act in compliance with Local Rule 56, “a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated.” Id. (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
discussed Cited as authority (rule) GUZMAN-VARGAS v. Calderon
D.P.R. · 2009 · confidence medium
See, e.g., Gonzalez-De-Blasini v. Family Dept., 377 F.3d 81, 85-86 (1st Cir.2004); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47-48 (1st Cir.2004); Vazquez, 134 F.3d at 36 ; Rivera-Cotto, 38 F.3d 611, 614 (1st Cir.1994); Cf., Acosta-Orozco v. Rodriguez-de-Rivera, 132 F.3d 97, 101-02 (1st Cir.1997).
discussed Cited as authority (rule) Bibiloni Del Valle v. Puerto Rico (2×)
D.P.R. · 2009 · confidence medium
Tourism Co., 396 F.3d 46, 53 (1st Cir.2005) (citation, brackets and internal quotation marks omitted); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 46 (1st Cir.2004); Licari v. Ferruzzi, 22 F.3d 344, 347 (1st Cir.1994); Rumford Pharmacy v. City of East Providence, 970 F.2d 996, 999 (1st Cir.1992); PFZ Properties v. Rodriguez, 928 F.2d 28, 30 (1st Cir.1991).
cited Cited as authority (rule) Rodríguez-Ramos v. Hernández-Gregorat
D.P.R. · 2009 · confidence medium
Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004)).
discussed Cited as authority (rule) Febus-Rodriguez v. QUESTELL-ALVARADO (2×) also: Cited "see, e.g."
D.P.R. · 2009 · confidence medium
As a result, “[a] prima facie case is not made out when there is no evidence that an actor was even aware of the plaintiffs political affiliation.” Hatfield-Bermudez, 496 F.3d at 61 ; see also Gonzalez-De-Blasini v. Family Dep’t., 377 F.3d 81, 85-86 (1st Cir.2004) (holding that the fact that plaintiff was a well-known supporter of the opposing party, had held previous trust positions under said party’s administration, and that was allegedly demoted after they assumed power, was insufficient to show that defendants knew about her political affiliation, and that said affiliation was the …
discussed Cited as authority (rule) Portugues-Santa v. B. Fernandez Hermanos, Inc.
D.P.R. · 2009 · confidence medium
C.f., Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 7 (1st Cir.2007) (“In the event that a party opposing summary judgment fails to act in accordance with the rigors that such a rule imposes, a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated”); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir.2004).
discussed Cited as authority (rule) Carrasquillo v. Pereira-Castillo
D.P.R. · 2006 · confidence medium
“Where the party opposing summary judgment fails to comply, the rule permits the district court to treat the moving party’s statement of facts as uncontested.” Alsina-Ortiz v. Laboy, 400 F.3d 77, 80 (1st Cir.2005) (citing Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42, 46 (1st Cir.2004); Morales v. AC.
cited Cited as authority (rule) Segarra Jimenez v. Banco Popular, Inc.
D.P.R. · 2006 · confidence medium
Cosme-Rosado, 360 F.3d 42, 45 (noting that “parties ignore [it] at their peril”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citations omitted)).
discussed Cited as authority (rule) Roman v. Delgado Altieri (2×)
D.P.R. · 2005 · confidence medium
Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977); Guzman-Ruiz v. Hernandez-Colon, 406 F.3d 31, 34 (1st Cir.2005); Gonzalez-De-Blasini v. Family Department, 377 F.3d 81, 85 (1st Cir.2004); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004).
discussed Cited as authority (rule) Hoffman v. Mercado (2×)
D.P.R. · 2005 · confidence medium
Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977); Guzman-Ruiz v. Hernandez-Colon, 406 F.3d 31, 34 (1st Cir.2005); Gonzalez-De-Blasini v. Family Department, 377 F.3d 81, 85 (1st Cir.2004); Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004).
cited Cited as authority (rule) General Council of the Assemblies of God v. Fraternidad De Iglesia De Asamblea De Dios Autonoma Hispana, Inc.
D.P.R. · 2005 · confidence medium
Cosme-Rosado, 360 F.3d 42, 45 (noting that “parties ignore [it] at their peril”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citations omitted)).
cited Cited as authority (rule) Desiderio-Ortiz v. Frontera-Serra
D.P.R. · 2005 · confidence medium
Cosme-Rosado, 360 F.3d 42, 45 (noting that “parties ignore [it] at their peril”) (quoting Ruiz-Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citations omitted)).
discussed Cited as authority (rule) Alsina-Ortiz v. Laboy
1st Cir. · 2005 · confidence medium
Where the party opposing summary judgment fails to comply, the rule permits the district court to treat the moving party’s statement of facts as uncontested, Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 46 (1st Cir.2004), and we have regularly upheld its enforcement.
discussed Cited as authority (rule) Hiraldo Cancel v. State Insurance Fund Corp.
D.P.R. · 2004 · confidence medium
Bd. of Educ. v. Doyle, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977) route, 4 which places the *294 initial burden upon plaintiff who must present sufficient evidence to establish that “political affiliation was a substantial or motivating factor in the decisional calculus.” Gomez v. Rivera Rodriguez, 344 F.3d at 110 ; Padilla-Garcia, 212 F.3d at 74 ; Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 47 (1st Cir.2004).
cited Cited as authority (rule) Euromodas, Inc. v. Zanella, Ltd.
1st Cir. · 2004 · confidence medium
Corp., 722 F.2d 922, 931-32 (1st Cir.1983), and we consistently have upheld their use, see, e.g., Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004); Ruiz Rivera, 209 F.3d at 28 .
discussed Cited "see" Rivera v. Oriental Bank (In re Rivera)
Bankr. D.P.R. · 2016 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir. 2004) (“We have consistently upheld the enforcement of this rule, noting repeatedly that ‘parties ignore [it] at their peril’ and that ‘failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted.’ ”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir, 2000) (citing prior cases)).
cited Cited "see" Unión De Tronquistas De Puerto Rico, Local 901 v. Crowley Liner Services Inc.
D.P.R. · 2015 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004).
discussed Cited "see" Rentas ex rel. Estate of Rosa v. Serrano (In re Rosa)
Bankr. D.P.R. · 2014 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir.2004) (“We have consistently upheld the enforcement of this rule, noting repeatedly that ‘parties ignore [it] at their peril’ and that ‘failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted.’ ”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing prior cases)).
discussed Cited "see" Marrero-Ramos v. University of Puerto Rico
D.P.R. · 2014 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004) (affirming district court’s decision to deem moving party’s statements of facts admitted if opposing party fails to controvert properly).
discussed Cited "see" Tennier Industries, Inc. v. Van Bible (In re Van Bible)
Bankr. D.P.R. · 2014 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir.2004) (“We have consistently upheld the enforcement of this rule, noting repeatedly that ‘parties ignore [it] at their peril’ and that ‘failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the mov-ant’s statement of undisputed facts admitted.’ ”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing prior cases)).
discussed Cited "see" In re Hospital De Damas, Inc.
Bankr. D.P.R. · 2014 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir.2004) (“We have consistently upheld the enforcement of this rule, noting repeatedly that ‘parties ignore [it] at their peril’ and that ‘failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted.’ ”) (quoting Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing prior cases)).
discussed Cited "see" Thomas Diaz, Inc. v. Colombina, S.A.
D.P.R. · 2011 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004) (“We have consistently upheld the enforcement of [the District Court of Puerto Rico’s local rule], noting repeatedly that ‘parties ignore [it] at their peril’ and that ‘failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court’s deeming the facts presented in the movant’s statement of undisputed facts admitted.’ ”). 1.
discussed Cited "see" Rivera-Cartagena v. Wal-Mart Puerto Rico, Inc.
D.P.R. · 2011 · signal: see · confidence high
See Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 7 (1st Cir.2007) (holding that "litigants ignore [local rules governing summary judgment proceedings] at their peril.’’) Where a party does not act in compliance with Local Rule 56(c), "a district court is free, in the exercise of its sound discretion, to accept the moving party’s facts as stated." Rios-Jimenez v. Principi, 520 F.3d 31, 38 (1st Cir.2008) (citing Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004)).
cited Cited "see" Vazquez-Rivera v. Negron
D.P.R. · 2010 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 , 47 (1st Cir.2004).
cited Cited "see" Rios-Jimenez v. Principi
1st Cir. · 2008 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004); Ruiz Rivera, 209 F.3d at 28 . 486 F.3d at 7 .
discussed Cited "see" Meléndez v. Sap Andina Y Del Caribe, C.A.
D.P.R. · 2007 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 , 43 (1st Cir.2004) (finding that failure to comply with Local Rule 311.12 admits the veracity of the movant’s version of material facts); NEPSK, Inc. v. Town of Houlton, 283 F.3d 1, 7-8 (1st Cir.2002); see also Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir. 2000). 3 UNCONTESTED FACTS After considering the evidence presented in the unopposed Motion for Summary Judgment and the record, the following facts are considered uncontested 4 : *355 1.
discussed Cited "see" Rivera-Lugaro v. Rullan
D.P.R. · 2007 · signal: see · confidence high
See, Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 , 44-45 (1st Cir.2004) (Because the plaintiffs failed to provide a supported factual basis for their claims against the defendants, the court properly deemed admitted the defendants’ supported facts).
discussed Cited "see" Marrero v. Schindler Elevator Corp.
D.P.R. · 2007 · signal: see · confidence high
See, Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 , 44-45 (1st Cir.2004) (Because the plaintiffs failed to provide a supported factual basis for their claims against the defendants, the court properly deemed admitted the defendants’ supported facts). 1.
cited Cited "see" Cabán Hernández v. Philip Morris USA, Inc.
1st Cir. · 2007 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45 (1st Cir.2004); Ruiz Rivera, 209 F.3d at 28 .
discussed Cited "see" Rivera Abella v. Puerto Rico Telephone Co.
D.P.R. · 2007 · signal: see · confidence high
See, Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42 (1st Cir.2004) (“uncontested” facts pleaded by movant deemed admitted due to respondent’s failure to properly submit statement of contested facts). “[Ajbsent such rules, summary judgment practice could too easily become a game of cat-and-mouse, giving rise to the ‘specter of district court judges being unfairly sandbagged by unadvertised factual issues.’ ” Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing Stepanischen v. Merchants Despatch Transp.
cited Cited "see" Pomales v. Celulares Telefónica, Inc.
1st Cir. · 2006 · signal: see · confidence high
See Cosme-Rosado v. Serrano-Rodriguez, 360 F.3d 42, 45-46 (1st Cir.2004).
discussed Cited "see" Moreno Morales v. ICI Paints (Puerto Rico), Inc.
D.P.R. · 2005 · signal: see · confidence high
See, Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 (1st Cir.2004) (“uncontested” facts pleaded by movant deemed admitted due to respondent’s failure to properly submit statement of contested facts). “[A]bsent such rules, summary judgment practice could too easily become a game of cat-and-mouse, giving rise to the ‘specter of district court judges being unfairly sandbagged by unadvertised factual issues.’ ” Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing Stepanischen v. Merchants Despatch Transp.
discussed Cited "see" Colon Rodriguez v. Lopez Bonilla
D.P.R. · 2004 · signal: see · confidence high
See Cosme-Rosado, 360 F.3d at 48 (citing Figueroa-Serrano v. Ramos-Alverio, 221 F.3d 1 (1st Cir.2000)(plaintiffs failed to adduce sufficient facts indicating that the Municipality discharged them based on party affiliation and they also failed to provide names or other specific factual information supporting their claim that the Municipality replaced them with new hires from the rival political party)).
discussed Cited "see" Rosado De Velez v. Zayas
D.P.R. · 2004 · signal: see · confidence high
See Cosme-Rosado, 360 F.3d at 48 (citing Figueroa-Serrano v. Ramos-Alverio, 221 F.3d 1 (1st Cir.2000)(plaintiffs failed to adduce sufficient facts indicating *211 that the Municipality discharged them based on party affiliation and they also failed to provide names or other specific factual information supporting their claim that the Municipality replaced them with hew hires from the rival political party)).
discussed Cited "see, e.g." Ramirez-Lorenzo v. Rolon
D.P.R. · 2023 · signal: see also · confidence low
Moreover, “[e]ach fact asserted in the statement shall be supported by a record citation as required by subsection (e) [of Local Rule 56].” Id.; see also Cosme-Rosado v. Serrano-Rodríguez, 360 F.3d 42 , 45 (1st Cir. 2004).5 Once a movant complies with this directive—as the Respondents did here— Local Rule 56(c) then obligates the Petitioner, as the opposing party, “to submit with its opposition a separate, short, and concise statement of material facts.” Local Rule 56(c).
Pedro Cosme-Rosado Lydia Esther Rosado-Figueroa Conjugal Partnership Cosme-Rosado Maria Teresa-Cosme Pedro Orlando Cosme-Rodriguez Yaritza Cosme-Rodriguez
v.
Alfredo Serrano-Rodriguez, as Mayor of the City of Naranjito 3-C Construction Cristino Cruz Jane Doe, 98cv1491 Conjugal Partnership, Cruz-Cruz
19-2028.
Court of Appeals for the First Circuit.
Mar 2, 2004.
360 F.3d 42
Published

360 F.3d 42

Pedro COSME-ROSADO; Lydia Esther Rosado-Figueroa; Conjugal Partnership Cosme-Rosado; Maria Teresa-Cosme; Pedro Orlando Cosme-Rodriguez; Yaritza Cosme-Rodriguez, Plaintiffs, Appellants,
v.
Alfredo SERRANO-RODRIGUEZ, As Mayor of the City of Naranjito; 3-C Construction; Cristino Cruz; Jane Doe, 98CV1491; Conjugal Partnership, Cruz-Cruz, Defendants, Appellees.

No. 02-1600.

United States Court of Appeals, First Circuit.

Heard November 4, 2003.

Decided March 2, 2004.

Antonio Bauza Torres, for appellants.

Laura Lis López-Roche, Assistant Solicitor General, with whom Roberto J. Sánchez Ramos was on brief for appellee Alfredo Serrano-Rodriguez.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

[*~42]1

Seeking monetary damages and prospective injunctive relief, several landowners brought a federal lawsuit against the mayor of Naranjito, Puerto Rico, for alleged violations of rights secured under the federal Constitution and commonwealth law. See 42 U.S.C. § 1983; 28 U.S.C. § 1367(a). The district court granted summary judgment for the mayor on all federal claims and dismissed the commonwealth claims without prejudice, see 28 U.S.C. § 1367(c), upon finding that the landowners had failed to comply with Local Rule 311.12 and had therefore admitted the veracity of the mayor's version of material facts. The landowners now challenge the court's application of Rule 311.12. We affirm.

I.

2

We sketch the procedural history, reserving for later a more detailed recitation of the pertinent facts.

3

On May 5, 1998, plaintiffs-appellants Pedro Cosme-Rosado, Lydia Esther Rosado-Figueroa, Maria Teresa-Cosme, Pedro Orlando Cosme-Rodriguez, and Yaritza Cosme-Rodriguez ("Plaintiffs")—all landowners and members of the New Progressive Party in Puerto Rico—filed a complaint in federal court against defendant-appellee Alfredo Serrano-Rodriguez ("Serrano")—the president of the local chapter of the Popular Democratic Party and the mayor of Naranjito, Puerto Rico.[1] The complaint alleged, inter alia, that:

4

[S]ince 1992 and up until 1998, defendant Alfredo Serrano[2] has hostigated [sic] and threatened Plaintiffs that he would destroy all the belongings, home, and peace of Plaintiffs [and that] he would throw them out of their house and would appropriate [sic] their land with the excuse of building a parking lot because they were and are members of the New Progressive Party and have so expressed publicly[;] ...

5

[Serrano and others] entered in a conspiracy... and began using heavy machinery and destroyed the access of Plaintiffs to their home and property[; and]

6

[Serrano's] actions under color of law were arbitrary, capricious, politically motivated, and without due process ... [in violation of] the First, Fifth and/or Fourteen[th] Amendments of the Constitution....

7

On these bases, the plaintiffs sought, inter alia, (1) a permanent injunction restraining Serrano from "further violating the rights, privileges and immunities guaranteed to Plaintiffs under the Constitution"; (2) "compensatory damages to each plaintiff in the amount of one million dollars"; and (3) "punitive and exemplary damages to each plaintiff in the amount of two hundred and fifty thousand dollars."

8

On March 24, 2000, Serrano filed a motion for summary judgment and a separate statement of uncontested facts complete with several citations to the record. On April 14, 2000, the plaintiffs responded by filing an opposition to Serrano's motion together with a sparsely cited statement of material facts and a sworn statement in support thereof.

[*~43]9

On March 22, 2002, the district court granted Serrano's motion.[3] The court's decision was based on an application of Local Rule 311.12,[4] which required both the moving and nonmoving parties to file a separate statement of material facts "properly supported by specific references to the record." D.P.L.R. 311.12. See Pedro Cosme-Rosado v. Alfredo Serrano-Rodriguez, 196 F.Supp.2d 117, 119 (D.P.R. March 22, 2002). Because the court determined that the plaintiffs had failed to provide a supported factual basis for their claims against Serrano, it deemed admitted the properly supported facts set forth in Serrano's statement. See id. at 120 n. 1. Based on those facts, it discerned no genuine issue as to (1) the due process claim, see id. at 122; (2) the political discrimination claim, see id. at 123; or (3) Serrano's entitlement to absolute immunity, or, alternatively, qualified immunity, see id. at 124-25.

II.

10

The plaintiffs now challenge the entry of summary judgment on their due process and political discrimination claims. In so doing, they argue that the district court erred in concluding that they had failed to comply with Local Rule 311.12. Because we discern no error either in the court's application of the Rule or in its conclusion that there existed no genuine issue for trial on the merits as to either claim, we affirm without addressing the immunity issue.

A. Local Rule 311.12

11

The District of Puerto Rico has adopted a local rule requiring a party who moves for summary judgment to submit, in support of the motion, a "separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried and the basis of such contention as to each material fact, properly supported by specific reference to the record." D.P.L.R. 311.12. Once a movant complies with this directive — as Serrano did here[5] — the same rule then obligates the plaintiffs, as the opposing party, to submit a "separate, short, and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried, properly supported by specific reference to the record." Id. (emphases added); accord Corrada Betances v. Sea-Land Serv., Inc., 248 F.3d 40, 43 (1st Cir.2001).

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We have consistently upheld the enforcement of this rule, noting repeatedly that "parties ignore [it] at their peril" and that "failure to present a statement of disputed facts, embroidered with specific citations to the record, justifies the court's deeming the facts presented in the movant's statement of undisputed facts admitted." Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000) (citing prior cases); accord Morales v. A.C. Orssleff's EFTF, 246 F.3d 32, 33 (1st Cir.2001).

13

As noted above, the plaintiffs argue that the district court erred in concluding that they had not complied with Local Rule 311.12. For support, they point to (1) the "Factual Background" section contained within their opposition memorandum and (2) the separate statement of material facts (and sworn statement in support thereof) filed along with it.

14

Because the plaintiffs invite us to look to the "Factual Background" section contained within their opposition memorandum as proof that the district court erred in applying Local Rule 311.12, we note at the outset that the rule has been interpreted as a requirement that the nonmovant file a statement of material facts separate from — and annexed to — the opposition memorandum. See Vargas-Ruiz v. Golden Arch Dev., Inc., 283 F.Supp.2d 450, 458 (D.P.R. June 30, 2003) ("[A] party opposing a motion for summary judgment is ... required to file as an annex to the opposition motion: a separate, short, and concise statement of the material facts...." (internal quotation marks omitted and emphasis retained)); accord Tavarez v. Champion Prods., Inc., 903 F.Supp. 268, 270 (D.P.R. Nov.1, 1995). In any event, the plaintiffs' "Factual Background" section fails to provide the allegations and citations necessary to controvert the dispositive facts set forth in Serrano's statement.[6] We thus turn to the plaintiffs' statement of material facts.

15

The district court correctly determined that the plaintiffs' statement of material facts failed to comply with Local Rule 311.12: Out of twelve paragraphs of allegations, only two cite to the record.[7] Moreover, within these two paragraphs, there exists only one (arguably) material allegation—and the accompanying citation merely points the court generally to a thirty-page deposition without providing any page numbers. This is not enough. See Morales, 246 F.3d at 35 ("[I]n his submissions to the district court, plaintiff made only a general reference to [a witness's] testimony without pinpointing where in that 89-page deposition support for that reference could be found. This is precisely the situation that Local Rule 311.12 seeks to avoid.").[8]

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Accordingly, the "uncontested" facts pleaded by Serrano were properly deemed admitted, see D.P.L.R. 311.12 ("All material facts set forth in the statement required to be served by the moving party shall be deemed to be admitted unless controverted by the statement required to be served by the opposing party."), and summary judgment rightly followed. See Tavarez, 903 F.Supp. at 270 ("Although [failure to comply with Local Rule 311.12] does not signify an automatic defeat, it launches the nonmovant's case down the road toward an easy dismissal."). We briefly explain, in the context of each claim.

B. The Procedural Due Process Claim

17

In order to establish a procedural due process claim under 42 U.S.C. § 1983, the plaintiffs must show that (1) they have a property interest as defined by state law; and (2) Serrano, acting under color of state law, deprived them of that property interest without constitutionally adequate process. See Logan v. Zimmerman Brush Co., 455 U.S. 422, 428, 102 S.Ct. 1148, 71 L.Ed.2d 265 (1982); see also Mimiya Hosp., Inc. v. U.S. Dept. Of Health and Human Services, 331 F.3d 178, 181 (1st Cir.2003) ("It is well established that `individuals whose property interests are at stake are entitled to notice and an opportunity to be heard.'" (quoting Dusenbery v. United States, 534 U.S. 161, 167, 122 S.Ct. 694, 151 L.Ed.2d 597 (2002))).

18

Here, no such claim was established. Nowhere do the plaintiffs even allege that they were deprived of process due them under the Constitution.[9]

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The summary judgment papers indicate that there was sufficient process: in February 1993, the plaintiffs received a letter from Serrano in which the City stated an interest in expropriating their properties;[10] on July 21, 1994, the Municipal Assembly notified the plaintiffs that the City was interested in expropriating their property and summoned them to voice their concerns at a public hearing to be held the next day; a public hearing was, in fact, held, and Cosme-Rosado was in attendance; on August 10, 1994, the Municipal Assembly approved an ordinance authorizing the Municipality to begin expropriation proceedings; the Puerto Rico Planning Board also approved the expropriation; on June 6, 1996, a Puerto Rico court determined that the defendants had complied with all the legal requirements needed to expropriate their properties and ordered the expropriation; and, on February 17, 1999, the plaintiffs finally recovered their properties' value pursuant to a settlement agreement. Given these uncontested facts, we cannot conclude that the district court erroneously granted summary judgment for Serrano on the due process claim.

C. The Political Discrimination Claim

20

In order to establish a claim of political discrimination, the plaintiffs initially bear the burden of showing that (1) they engaged in constitutionally protected conduct; and (2) this conduct was a "substantial" or "motivating" factor behind Serrano's decision to expropriate their properties. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); see also Collins v. Nuzzo, 244 F.3d 246, 252 (1st Cir.2001). If the plaintiffs had met that burden — which they did not — Serrano would then have been obligated to demonstrate by a preponderance of the evidence that the expropriation would have occurred even in the absence of the plaintiffs' protected conduct. See Mt. Healthy, 429 U.S. at 287, 97 S.Ct. 568.

21

The district court's "review of the record reveal[ed] that the plaintiffs' ... case [was] very weak." Pedro Cosme-Rosado, 196 F.Supp.2d at 119. We agree. While the plaintiffs established that they are members of and active participants in the New Progressive Party — the rival of the Popular Democratic Party to which Serrano belonged — they failed to establish a genuine issue of material fact as to whether their party membership was a substantial factor behind the expropriation of their properties.

22

As the district court observed, "the only piece of evidence that the plaintiffs proffer[ed] in support of the alleged political discrimination is Pedro Cosme's deposition, which states that Mayor Serrano voiced his intention to rid the town of NPP activists." Id. at 123. Presented with a similar situation in Figueroa-Serrano v. Ramos-Alverio, 221 F.3d 1, 7 (1st Cir. 2000),[11] we held that such a "meager showing is patently insufficient to generate a genuine issue of material fact on a causal connection between the political affiliation of the plaintiffs and the adverse ... actions alleged." So too, here, where the plaintiffs' noncompliance with Local Rule 311.12 and the admitted facts — most notably, the approval of the expropriation by both the Puerto Rico Planning Board and the Municipal Assembly together with the state court order of expropriation — has resulted in their patent failure to establish that the properties were expropriated for other than lawful purposes.

III.

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For the reasons stated above, we affirm the judgment of the district court.

Notes:

1

Although the complaint named several defendants, Serrano was the only defendant who answered. Because the remaining defendants failed to respond, the district court entered a default judgment against them on September 30, 1999. This appeal involves only Serrano

2

Although the complaint originally named Serrano in both his official and personal capacities, the plaintiffs later voluntarily dismissed their claims against Serrano in his official capacity

3

Although the court's memorandum of decision refers to multiple defendants,see Pedro Cosme-Rosado v. Alfredo Serrano-Rodriguez, 196 F.Supp.2d 117, 125 (D.P.R. March 22, 2002) (listing the various defendants and later noting that, "[f]or the foregoing reasons, the Court grants defendants' motion for summary judgment" (emphasis added)), there is no indication in the record that the court ever lifted the default judgment against the remaining defendants. See supra n. 1.

4

The District of Puerto Rico amended its local rules in September 2003. However, because this lawsuit was brought prior to the effective date of those amendments, we refer throughout to the pre-amended version

5

The district court's conclusion in this regard is not challenged on appeal

6

See infra nn. 9 & 11 and accompanying text.

7

Citations to the record (in the form of exhibits) are provided for the following "material facts":

[1] After taking office in 1993, [Serrano] made good on his word. Harassing increased. On January 17, 1995, Plaintiffs filed a complaint in [a Puerto Rico court] as to destroying access to their property by defendant Serrano. Serrano complied partially. Exhibit 3.

[2] By August 10, 1998, Serrano had not placed [the Puerto Rico court] in a position to adjudicate [the plaintiffs'] just compensation. Exhibit 7. Finally, on February 17, 1999, Serrano stipulated a just compensation to [the plaintiffs], Exhibit 8, and on February 26, Serrano's attorney filed a stipulation. Exhibit 9. A year after the filing of the instant case.

8

Given the purposes behind Rule 311.12, we reject the assertion that a plaintiff's sworn statement (attesting to the accuracy of the facts alleged in the proffered Rule 311.12 document) can serve as an adequate substitute for the requisite citations to the record

9

The closest that the plaintiffs come to creating such an issue is the following allegation (and accompanying citation) in the "Factual Background" section of the opposition memorandum:

By March 20, 1997, Serrano had been ordered by a [Puerto Rico court] to comply with [the] court's order and that municipality could not evict Plaintiffs from their property. Exhibit 5. Court admonished Serrano that a year had elapsed and that Serrano had not placed Court in a condition to allow Plaintiffs to recover their properties' value. By that time, Serrano [and another defendant] had produced intense damage and irreparable [sic] to Plaintiffs.

At most, this allegation establishes that Serrano may have been in contempt for failure to comply with a scheduling order — a failure that, given the uncontested facts set forth in the text, is inadequate to establish a genuine issue as to the due process claim that ultimately was filed in federal court.

10

The plaintiffs admitted the preceding fact in their own papers. All others are derived from Serrano's "Statement of Uncontested Facts."

11

InFigueroa-Serrano, the plaintiffs claimed that the mayor's alleged statement that he intended to rid the Municipality of NPP employees, coupled with the competing political persuasions of the plaintiffs and defendants, constituted enough evidence of a First Amendment violation to withstand a motion for summary judgment. See 221 F.3d at 8. The district court rejected the plaintiffs' political discrimination claim because it was based solely upon conclusory statements and lacked any specific evidence, and we upheld this analysis. See id.