Filed: Nov. 21, 2001
Latest Update: Feb. 21, 2020
Summary: , Luis A. Vivaldi-Oliver for appellants., Luis A. Oliver-Fraticelli with whom Fiddler, Gonzalez &, Rodriguez LLP was on brief for appellees Southcorp USA, Inc.;F.3d 40, 43-44 (1st Cir.court's explanation of why NAMPAC is not liable to RAC. The judgment of the district court is therefore affirmed.
[NOT FOR PUBLICATION-NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-1273
RAC ENTERPRISES, INC.,
Plaintiff,
RAFAEL A. CARBALLO-COLLAZO, JOSEFINA CARBALLO, CONJUGAL
PARTNERSHIP CARBALLO-CARBALLO, VIVIAN CARBALLO-ARROYO,
Plaintiffs, Appellants,
v.
SOUTHCORP USA, INC., PLAN ADMINISTRATOR
FOR THE SOUTHCORP, INC. PENSION PLAN FOR SALARIED
EMPLOYEES, SOUTHCORP USA, INC., 401 (K) RETIREMENT SAVINGS
PLAN FOR PUERTO RICO EMPLOYEES, AMERICAN EXPRESS
FINANCIAL ADVISOR, INC., FERNANDO HERNANDO, NORTH AMERICAN PACKAGING
OF PUERTO RICO, INC.,
Defendants, Appellees.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
Before
Boudin, Chief Judge,
and Torruella and Lynch, Circuit Judges.
Luis A. Vivaldi-Oliver for appellants.
Luis A. Oliver-Fraticelli with whom Fiddler, Gonzalez &
Rodriguez LLP was on brief for appellees Southcorp USA, Inc.; Plan
Administrator for the Southcorp, Inc. Pension Plan for Salaried
Employees; Southcorp USA, Inc., 401 (K) Retirement Savings Plan for
Puerto Rico Employees; and North American Packaging of Puerto Rico,
Inc.
November 15, 2001
Per Curiam. Rafael A. Carballo-Collazo, Josefina Carballo, their
conjugal partnership, and Vivian Carballo-Arroyo (collectively, "RAC")
appeal the district court's grant of summary judgment for North
American Packaging of Puerto Rico, Inc. ("NAMPAC") in this dispute over
pension benefits and investment advice. The other named defendants
were not served and they were properly dismissed.
The district court found that RAC had failed to provide, in
opposing summary judgment, "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." D.P.R. Loc. R. 311.12. RAC did indeed utterly fail to
provide specific record citations. As the quoted rule provides, the
court responded to RAC's omission by deeming admitted the facts as
NAMPAC gave them in its own, proper statement. It then entered summary
judgment for NAMPAC.1
We have previously upheld the application of Local Rule 311.12 to
appropriate cases. E.g., Corrada Betances v. Sea-Land Serv., Inc.,
248
F.3d 40, 43-44 (1st Cir. 2001); Ayala-Gerena v. Bristol Myers-Squibb
Co.,
95 F.3d 86, 95 (1st Cir. 1996); Laracuente v. Chase Manhattan
Bank,
891 F.2d 17, 19 (1st Cir. 1989). Our review of the record
convinces us that this is such a case. We remind counsel that
1 The district court also analyzed RAC's claims on their
merits as though there had been no failure to comply with the Local
Rules, and found them wanting on a number of grounds.
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compliance with the directives of the district courts is necessary to
the orderly conduct of litigation, and that this Court is largely
unsympathetic to noncompliant parties. See Serra-Lugo v. Mayaguez
Consortium-Las Marias, No. 01-1441, slip op. at 3-4 (1st Cir. Oct. 30,
2001) (per curiam). Accordingly, we also take the facts as set forth
by NAMPAC.
The district court thoughtfully discussed the variety of reasons
why RAC's claims failed. We have nothing to add to the district
court's explanation of why NAMPAC is not liable to RAC. 1st Cir. Loc.
R. 27(c). The judgment of the district court is therefore affirmed.
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