Grajales v. Puerto Rico Ports Authority
Grajales v. Puerto Rico Ports Authority
Opinion of the Court
OPINION AND ORDER
■ Before the Court is defendant Puerto Rico Ports Authority’s motion for summary judgment on res judicata grounds. (Docket No. 184.) Having considered the motion and plaintiffs’ response, (Docket No. 200), the Court DENIES defendant PRPA’s motion.
DISCUSSION
I. Procedural Background
On October 16, 2009, plaintiff Daniel Grajales (“Grajales”), his wife Wanda Gonzalez (“Gonzalez”), and their conjugal partnership
On November 30, 2012, defendant PRPA filed a motion for summary judgment. (Docket No. 184.) It argues that the doctrines of res judicata,
II. Factual Background
On May 20, 2011, plaintiff Grajales received a termination letter which dismissed him from his employment at defendant PRPA. (Docket No. 184-2.) At the time, he was a security supervisor at the Aguadilla airport. Id. On March 13, 2012, plaintiffs attorney wrote an extrajudicial letter to defendant PRPA, which had a tolling effect on the one-year statute of limitations for plaintiffs cause of action. (See Docket Nos. 142-1, 145, & 184-2.)
On April 12, 2012, plaintiff Grajales filed a complaint in the Puerto Rico Court of First Instance, Aguadilla Superior Division against defendant PRPA, claiming that he was wrongfully fired from his job pursuant to Puerto Rico Law 115, P.R. Laws Ann. tit. 29, § 194 (“Law 115”). Id. at pp. 5-9. (“Law 115 case”). (See Docket No. 184-3 at p. 5.) On May 25, 2012, the Secretary of Labor and Human Resources of Puerto Rico (“Secretary of Labor”) filed a complaint on behalf of plaintiff Grajales also in the Puerto Rico Court of First Instance, Aguadilla Superior Division against defendant PRPA (“Law 115 case”). (See Docket No. 184-6 at p. 5.) In that complaint, the
In August 2012, within two days of each other, the Secretary of Labor and plaintiff Grajales submitted motions to dismiss the Law 16 and the Law 115 cases without prejudice. (Docket No. 184r-4 at p. 2; 184-7 at p. 2).
III. Summary Judgment Standard
The Court may grant a motion for summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(a). A fact is “material” if it has the potential to “affect the outcome of the suit under the governing law.” Id. A dispute is “genuine” when it “could be resolved in favor of either party.” Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 19 (1st Cir. 2004).
The party moving for summary judgment has the initial burden of “demonstratfing] the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party must demonstrate this through definite and competent evidence. See Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir. 1994). It must identify “portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any’ ” which support its motion. Id. (citing Fed. R.Civ.P. 56(c)). Once a properly supported motion has been presented, the burden shifts to the non-moving party “to demonstrate that a trier of fact reasonably could find in [its] favor.” Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir. 2000) (internal citation omitted).
If the non-moving party establishes uncertainty as to the “true state of any material fact, the movant’s efforts should be deemed unavailing.” See Lopez & Medina Corp. v. Marsh USA, Inc., 694 F.Supp.2d. 119, 123 (D.P.R. 2010) (citing Suarez v. Pueblo Int’l, 229 F.3d 49, 53 (1st Cir. 2000)). It is well-settled that “[t]he mere existence of a scintilla of evidence” is insufficient to defeat a properly supported motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). It is therefore necessary that “a party opposing summary judgment must ‘present definite, competent evidence to rebut the motion.’ ” Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir. 1994) (internal citation omitted). Otherwise, summary judgment is appropriate if the non-moving party’s case rests merely upon “eonclusory allegations, improbable references, and unsupported speculation.” Forestier Fradera v. Municipality of Mayagüez, 440 F.3d 17, 21 (1st Cir. 2006).
IV. Defendant’s Motion for Summary Judgment
The Court denies defendant PRPA’s motion for summary judgment. Neither the defendant nor the plaintiff has put the Court in a position to decide the merits of the motion; the filings of both parties are insufficient. While defendant PRPA provides a certified translation of one Supreme Court of Puerto Rico case on which it relies, (see Docket No. 184-9 at p. 1), it cites to several other cases repeatedly and discusses them in detail without providing the Court with any certified translation, (see Docket No. 184). Plaintiffs response to defendant’s motion to summary judgment fares no better: he also discusses several Puerto Rico cases in
CONCLUSION
For the reasons expressed, the Court DENIES defendant PRPA’s motion for summary judgment on res judicata grounds.
IT IS SO ORDERED.
. Because the claims of Grajales’ wife are wholly derivative, the Court will refer to Grajales as if he were the only plaintiff.
. Res Judicata is an affirmative defense that must stated when a party responds to a pleading. Fed.R.Civ.P. 8(c)(1). In its answer to plaintiff’s third amended complaint, defendant PRPA states that plaintiff's claims are precluded by the doctrine of res judicata. (Docket No. 173 at pp. 8-9.) It reiterates these claims in its motion for summary judgment. (Docket No. 184.)
. Defendant PRPA’s "fragmentation estoppel” argument is, in essence, a restatement of his claim preclusion argument.
Reference
- Full Case Name
- Daniel GRAJALES, Wanda Gonzalez and Conjugal Partnership Grajales-Gonzalez v. PUERTO RICO PORTS AUTHORITY
- Cited By
- 2 cases
- Status
- Published