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Pages v. Feingold, 96-1879 (1997)

Court: Court of Appeals for the First Circuit Number: 96-1879 Visitors: 2
Filed: May 08, 1997
Latest Update: Mar. 02, 2020
Summary:  UNITED STATES COURT OF APPEALS, FOR THE FIRST CIRCUIT, ____________________ HECTOR PAGES, ET AL. Plaintiffs, Appellees ____________________ May 8, 1996, order, the district court acted within its other orders justified that sanction, of which defendant had sanctions is granted in part.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1879

HECTOR PAGES, ET AL.,

Plaintiffs, Appellees,

v.

MANUEL FEINGOLD,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Jose Antonio Fuste, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Harry Hertzberg on brief for appellant. _______________
Jesus E. Cuza, Ina M. Berlingeri-Vincenty and Goldman Antonetti & _____________ __________________________ ___________________
Cordova on brief for appellees. _______


____________________

May 6, 1997
____________________


















Per Curiam. Upon careful review of the briefs and ___________

record, we conclude that this appeal clearly presents no

substantial question and that summary disposition is

appropriate. See 1st Cir. Loc. R. 27.1. ___

We further conclude that, for the reasons stated in the

May 8, 1996, order, the district court acted within its

discretion in entering default against defendant.

Defendant's repeated failures to comply with discovery and

other orders justified that sanction, of which defendant had

been warned. See Fed. R. Civ. P. 37(b)(2)(C). _____

Further, for the reasons stated in the opinion and order

dated June 7, 1996, Pages v. Feingold, 928 F. Supp. 148 _____ ________

(D.P.R. 1996), the district court properly entered judgment

for plaintiff. The district court's findings that the

letters written by defendant were false and maliciously

published, that plaintiff suffered damages thereby, and that

plaintiff was a private figure, were amply supported by the

evidence presented at trial and consistent with applicable

Puerto Rico law as cited by the district court. And, we find

no factual or legal basis for defendant's assertion of a

qualified immunity defense, particularly in light of the

default.

The district court did not abuse its discretion in

denying defendant's motion to recuse. The various remarks

about which defendant complains do not create a reasonable



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doubt concerning the district judge's impartiality. See ___

United States v. Lopez, 944 F.2d 33, 37 (1st Cir. 1991). _____________ _____

Plaintiff's motion to dismiss this appeal and for

sanctions is granted in part. In light of the numerous ________________

violations of the appellate rules regarding the form and

content of the brief and appendix, we are persuaded that an

award of sanctions is appropriate. See Fed. R. App. P. 28 & ___

30; Reyes-Garcia v. Rodriguez & Del Valle, Inc., 82 F.3d 11, ____________ ___________________________

14-16 (1st Cir. 1996). Therefore, we award double costs to ___________________

plaintiff, to be taxed jointly and severally against

defendant and his attorney. See Fed. R. App. P. 38. ___

Affirmed. ________





























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Source:  CourtListener

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