869 F. Supp. 2d 231
D.P.R.2012Background
- This case concerns plaintiffs’ motions for reconsideration under Rule 59(e) and related relief, which the court denies.
- The defendant University of Puerto Rico and related defendants previously moved for summary judgment, which the court granted in Amended Opinion and Order Nunc Pro Tunc and Judgment.
- Plaintiff Alberti challenged various court rulings, arguing manifest error of law, abuse of discretion, inadequate consideration of translated exhibits, and new hostile-work-environment theories.
- The court reviews the standard for Rule 59(e) reconsideration, emphasizing it should not be used to relitigate previously decided issues or introduce new arguments.
- The record shows extensive hearings, numerous extensions of time, and late translation filings that affected the proceedings and the court’s evaluation of uncontested material facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Rule 59(e) motion for reconsideration was properly denied | Alberti contends the court erred in reconsidering manifest errors of law | Court correctly found no manifest error, no new evidence | Denied; no manifest error or new evidence shown |
| Whether Alberti properly raised a new Title VII hostile-work-environment claim | Alberti raised a new hostile-work-environment theory | New argument waived / not raised in pleadings | Denied; new argument late and unsupported by record |
| Whether the court properly considered translation timing and anti-Ferret rule issues | Translations were late but should be considered; anti-Ferret rule violated | Late translations and noncompliance with Local Rules; not reversible error | Denied; record shows late translations and noncompliance did not create reversible error |
| Whether the court correctly sustained summary judgment against Alberti | Dispositive factual disputes remained unresolved | Record supports grant of summary judgment against claims | Affirmed; no genuine dispute precluded judgment |
Key Cases Cited
- Pérez-Pérez v. Popular Leasing Rental, Inc., 993 F.2d 281 (1st Cir.1993) (motion for reconsideration standards and procedural limits)
- Marks 3-Zet-Ernst Marks GmBh & Co. KG v. Presstek, Inc., 455 F.3d 7 (1st Cir.2006) (reconsideration may not relitigate rejected arguments)
- Soto-Padró v. Public Buildings Authority, et al., 675 F.3d 1 (1st Cir.2012) (new arguments at reconsideration are generally barred)
- Morales-Cruz v. University of Puerto Rico, 676 F.3d 220 (1st Cir.2012) (Title VII hostile environment considerations; stray remarks context)