JosÉ VÉlez-padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31 (1st Cir. 2006). · Go Syfert
JosÉ VÉlez-padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31 (1st Cir. 2006). Cases Citing This Book View Copy Cite
57 citation events (57 in the last 25 years) across 9 distinct courts.
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At page 32 Requirement for objections to direct reviewing court issues49 citing casesexplaining that an objecting party must put forth more than “[c]onclusory objections that do not direct the reviewing court to the issues in controversy33 citing courts put it this way
  • Pearson, No. 2:24-cv-00362 (D. Or. Dec. 19, 2025).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Bayne v. Mills, No. 2:25-cv-00047 (D. Me. July 21, 2025).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with [Federal Rules of Civil Procedure] 72(b).)
  • Doelger v. JPMorgan Chase Bank, N.A., No. 1:21-cv-11042 (D. Mass. Sept. 27, 2024). 2 cites
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with [Fed. R. Civ. Pro.] Rule 72(b))
  • Song v. Cent. Intelligence Agency of the United States, No. 3:24-cv-00697 (D. Or. May 17, 2024).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Kerkering v. Nike Inc., No. 3:22-cv-01790, 2023 WL 5018003 (D. Or. July 31, 2023).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Collier v. Wilmington Sav. Fund Soc'y, FSB, No. 2:20-cv-00681 (D. Or. July 6, 2023).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).)
  • Sartin v. State of Oregon, No. 3:18-cv-02005 (D. Or. May 23, 2022).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Nepomuceno v. Cain, No. 2:19-cv-00920 (D. Or. Jan. 18, 2022).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Hoge v. Korn, No. 6:20-cv-01096 (D. Or. Aug. 9, 2021).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Vicente v. Washburn, No. 2:20-cv-01548 (D. Or. July 29, 2021).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
Show 39 more citing cases
  • Spencer v. State of Oregon, No. 2:18-cv-00126 (D. Or. July 26, 2021).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Blackman v. Stutrud, No. 6:18-cv-01981 (D. Or. Aug. 27, 2020).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Lyzer v. Caruso Produce, Inc., No. 3:17-cv-01335 (D. Or. Nov. 13, 2019).
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).)
  • White v. Nooth, 322 F. Supp. 3d 1077 (D. Or. 2018).published
    See, e.g., *1081 Velez-Padro v. Thermo King de Puerto Rico, Inc. , 465 F.3d 31 , 32 (1st Cir. 2006) ("Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b)").
  • Gonzalez v. Harr Toyota Inc., No. 4:23-cv-40145 (D. Mass. Feb. 4, 2025). 2 cites
    Importantly, “[c]onclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).” Velez-Padro v. Thermo King de P.R., Inc., 465 F.3d 31, 32 (1st Cir. 2006).
  • Lan Global, Inc. v. Alchemy Telco Solutions US, LLC, No. 1:22-cv-11732 (D. Mass. Sept. 26, 2024).
    Velez-Padro v. Thermo King De P.R., Inc., 465 F.3d 31, 32 (1st Cir. 2006).
  • Irizarry-Pagan v. Metro Santurce, Inc., No. 3:18-cv-01532 (D.P.R. Aug. 31, 2022).
    “Local Rule 72(d) further provides that such CIVIL NO. 18-1532 (JAG) 2 objections ‘shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection.’” Velez-P…
  • Braun v. Walz, No. 0:20-cv-00333 (D. Minn. July 25, 2022).
    Velez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir. 2006).
  • Candelaria-Mendez v. Rivera-Percy, No. 3:18-cv-01413 (D.P.R. Mar. 31, 2020).
    The objections must “specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection.” Vélez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir. 2…
  • Larrieux-Cruz v. Consejo de Educacion de Puerto Rico, No. 3:17-cv-02030 (D.P.R. Mar. 31, 2020).
    The objections must “specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection.” Vélez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir. 2…
  • Colon-Perez v. Rivera-Rios, No. 3:19-cv-01775 (D.P.R. Jan. 30, 2020).
    “Local Rule 72(d) further provides that such objections ‘shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection.’” Velez-Padro v. Thermo King de P.R…
  • United States v. Guzman-Batista, 948 F. Supp. 2d 194 (D.P.R. 2013).published
    Furthermore, the objecting party must put forth more than “[c]onclusory objections that do not direct the reviewing court to the issues in controversy.” Velez-Padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • United States v. Morales-Castro, 947 F. Supp. 2d 166 (D.P.R. 2013).published
    Furthermore, the objecting party must put forth more than “[c]onclusory objections that do not direct the reviewing court to the issues in controversy.” Velez-Padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • Lareños En Defensa Del Patrimonio Historico, Inc. v. Mun. of Lares, 882 F. Supp. 2d 286 (D.P.R. 2012).published
    Furthermore, the objecting party must put forth more than “[cjonclusory objections that do not direct the reviewing court to the issues in controversy.” Velez-Padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • United States v. Mercado-Cañizares, 887 F. Supp. 2d 379 (D.P.R. 2012).published
    Furthermore, the objecting party must put forth more than “[cjonclusory objections that do not direct the reviewing court to the issues in controversy.” Velez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • Colon v. Infotech Aerospace Servs. Inc., 869 F. Supp. 2d 220 (D.P.R. 2012).published
    Furthermore, the objecting party must put forth more than “[cjonclusory objections that do not direct the reviewing court to the issues in controversy.” Velez-Padro v. Thermo King De Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • Kelly v. Cort Furniture, 717 F. Supp. 2d 120 (D. Mass. 2010).published
    While her objection does repeat much of her initial filing, it sufficiently “direct[s] the reviewing court to the issues in controversy.” See Velez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir.2006).
  • Velez v. Thermo King De Puerto Rico, Inc., 585 F.3d 441 (1st Cir. 2009).published
    Vélez-Padro v. Thermo King De P.R., Inc., 465 F.3d 31, 32-33 (1st Cir.2006).
  • Cortes-Rivera v. Dep't of Corr. & Rehab., 617 F. Supp. 2d 7 (D.P.R. 2009).published
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).)
  • Total Petroleum Puerto Rico Corp. v. Colón-colón, 577 F. Supp. 2d 537 (D.P.R. 2008).published
    (Conelusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).)
  • Molina v. Union Independiente Autentica De La AAA, 555 F. Supp. 2d 284 (D.P.R. 2008).published
    (Conclusoiy objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b).)
  • Hernandez v. Collier, No. 9:20-cv-00196 (E.D. Tex. Sept. 18, 2023).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Corbin v. Bailey, No. 3:20-cv-01877 (D. Or. July 5, 2023).
    See, e.g., Velez-Padro v. Thermo King de Puerto Rico, Inc., 465 F.3d 31, 32 (1st Cir. 2006).
  • HESTAND v. Off. of the Inspector Gen., No. 6:22-cv-00006 (E.D. Tex. Dec. 28, 2022).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Roberson v. Jackson, No. 6:20-cv-00188, 2022 WL 17546960 (E.D. Tex. Nov. 18, 2022).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Hallman v. Davis-Dir. TDCJ-CID, No. 6:20-cv-00160 (E.D. Tex. Oct. 17, 2022).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Adams v. Davis, No. 6:20-cv-00011 (E.D. Tex. Sept. 6, 2022).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Falconer v. Collier, No. 6:21-cv-00502 (E.D. Tex. June 14, 2022).
    (explaining that an objecting party must put forth more than “Iclonclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Mejia v. Catoe, No. 6:18-cv-00439 (E.D. Tex. Sept. 1, 2021).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Brooks v. Shinault, No. 6:18-cv-00402 (E.D. Tex. Mar. 17, 2021).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Hennington v. Edwards, No. 6:20-cv-00523 (E.D. Tex. Nov. 9, 2020).
    (explaining that an objecting party must put forth more than “[cJonclusory allegations that do not direct the reviewing court to the issues in controversy’’)
  • Williams v. Collier, No. 6:18-cv-00567 (E.D. Tex. Aug. 27, 2020).
    (explaining that an objecting party must put forth more than “[cJonclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Spence v. Skinner, No. 4:19-cv-00821 (E.D. Tex. May 6, 2020).
    (explaining that an objecting party must put forth more than “[c]onclusory objections that do not direct the reviewing court to the issues in controversy)
  • Garrett v. Sulser, No. 6:17-cv-00310 (E.D. Tex. Feb. 5, 2020).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Spence v. Taylor, No. 4:19-cv-00139 (E.D. Tex. Dec. 26, 2019).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Green v. Kessington, No. 6:18-cv-00643 (E.D. Tex. Oct. 29, 2019).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Pierce v. Collier, No. 6:17-cv-00632 (E.D. Tex. Oct. 12, 2019).
    (explaining that an objecting party must put forth more than “TcJonclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Greenough v. Fletcher, No. 6:19-cv-00382 (E.D. Tex. Oct. 11, 2019).
    (explaining that an objecting party must put forth more than “[c]onclusory objections that do not direct the reviewing court to the issues in controversy)
  • Green v. Davis Dir. TDCJ-CID, No. 6:16-cv-01261 (E.D. Tex. Aug. 27, 2019).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
At page 31 “conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with rule 72(b)”3 citing cases16 citing courts quote it
  • White v. Nooth, 322 F. Supp. 3d 1077 (D. Or. 2018).published
    (Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b))
  • Hennington v. Gorsuch, No. 6:20-cv-00302 (E.D. Tex. Sept. 21, 2020).
    (explaining that an objecting party must put forth more than “[c]onclusory allegations that do not direct the reviewing court to the issues in controversy.)
  • Schweitzer, No. 4:24-cv-00440 (D. Ariz. Mar. 27, 2026).
    “Conclusory objections that do not direct the reviewing court to the 7 issues in controversy do not comply with Rule 72(b).”
Retrieving the full opinion text from the archive…
José VÉLEZ-PADRO, Plaintiff, Appellant,
v.
THERMO KING DE PUERTO RICO, INC., Defendant, Appellee
05-2661.
Court of Appeals for the First Circuit.
Sep 29, 2006.
Published opinion
465 F.3d 31
2006 U.S. App. LEXIS 24580
2006 WL 2789235
Carlos M. Yergne Vargas with whom Carlos M. Vergne Law Office was on brief for appellant., Edwin J. Seda-Fernández with whom Martel Y. Haack and Adsuar Múniz Goyco & Resosa, P.S.C. were on brief for appel-lee.
Boudin, Selya, Schwarzer.
Cited by 52 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 58%
Citer courts: D. Arizona (1) · D. Oregon (1)
SCHWARZER, Senior District Judge.

José Vélez-Padro (“Vélez”) appeals the summary judgment dismissing his action against Thermo King de Puerto Rico, Inc., for violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, (ADEA) and dismissing supplemental claims. The district court referred Thermo King’s summary judgment motion to a magistrate judge who recommended that it be granted. Vélez filed timely objections to the report with the district judge. The court considered that the objections “merely echo the arguments already raised in [plaintiffs] opposition to summary judgment” and that plaintiff had therefore failed to comply with Federal Rule of Civil Procedure 72(b) and Local Rule 72(d). It held that it would not consider the objections and would not perform a de novo review of the portions of the Report and Recommendation objected to. Having found “no clear error of law or fact,” the court adopted the Report and Recommendation and dismissed the ADEA claims with prejudice and the supplemental claims without prejudice.

Rule 72(b) provides that a party may serve and file “specific, written objections to the proposed findings and recommendations.” Local Rule 72(d) further provides that such objections “shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection.” Vélez contends that his objections complied with both rules and that the court erred in refusing to perform de novo review. The objections were fourteen pages in length and presented a detailed challenge of the Report’s factual and legal analysis of Vélez’s claims.

Conclusory objections that do not direct the reviewing court to the issues in controversy do not comply with Rule 72(b). See Sackall v. Heckler, 104 F.R.D. 401, 403 (D.R.I.1984); see also Miller v. Currie, 50 F.3d 373, 380 (6th Cir.1995) (“general objections” insufficient); Howard v. Secretary of HHS, 932 F.2d 505, 508-09 (6th Cir.1991)(same); cf. Johnson v. Zema Sys. Corp., 170 F.3d 734, 741 (7th Cir.1999) (party seeking review must specify the issue for which review is sought but not the legal or factual basis.) Vélez’s objections were detailed and gave specific notice of his grievance. By any measure, his objections pass muster under the rules. That they may be read as echoing arguments made before the magistrate judge does not alter that conclusion. The district court erred in failing to perform the[*33] required de novo review. [1]

CONCLUSION

For the reasons stated, we vacate the judgment and remand the matter to the district court for de novo review.

Vacated and Remanded. Each party will bear his/its own costs.

1

. 28 U.S.C. § 636(b)(1) provides that upon the filing of objections to a recommendation on a dispositive motion (like a motion for summary judgment) by a magistrate judge, the district judge "shall make a de novo determination of those portions of the ,.. recommendations to which objection is made.”