Federal Circuits, 1st Cir. (April 04, 2007)
Docket number: 06-1771.01A
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U.S. Court of Appeals for the 1st Cir. - Rivera-Torres v. Rey-Hernandez (1st Cir. 2007)
Julio Cesar Alejandro Serrano, with whom Roberto Sanchez Ramos, Secretary of Justice, Salvador Antonetti Stutts, Solicitor General, Leticia Casalduc, Auxiliary Solicitor General, Landrón & Vera, LLP, Eileen Landrón Guardiola, Eduardo Vera Ramírez, and Luis A. Rodríguez Muñoz were on brief, for appellants.
Jenyfer García-Soto, with whom Delgado & Fernandez, L.L.P. was on brief, for appellees.Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.SELYA, Senior Circuit Judge.In this case, the district court eschewed any evaluation of the merits of a potentially dispositive pretrial motion asserting sovereign and qualified immunity, instead denying the motion because it had been filed beyond a clearly communicated deadline. This interlocutory appeal ensued. After careful consideration, we conclude that we have jurisdiction to entertain this appeal but that the district court acted within the encincture of its discretion in denying the belated motion on temporal grounds. The tale follows.I. BACKGROUNDIn December of 2002, the plaintiffs (Digno E. Torres, his wife Betzaida Flores, and their daughter Joelly Torres-Flores) filed a civil action in the United States District Court for the District of Puerto Rico, in which they alleged that Torres-Flores, while attending high school, had been sexually harassed by the head of the school, Reynaldo Burgos. Because the high school operates under the aegis of the Puerto Rico Department of Education (the Department), the plaintiffs couched their claims against Burgos in terms of 42 U.S.C. 1983. They also named the Commonwealth of Puerto Rico as a defendant. Building on the fact that the high school receives federal funds, they couched their claims against the Commonwealth in terms of Title IX of the Education Amendments of 1972. See 20 U.S.C. 1681-1688. In that regard, they alleged that the Department had not taken appropriate action to rectify the situation following its receipt of an administrative complaint.1The litigation has proceeded in fits and starts, primarily because the parties have waged a number of pitched battles on a wide variety of procedural fronts. We recount here only as much of this chiaroscuro history as is needed to put this appeal into perspective.In May of 2004, the district court denied the defendants' motions for dismissal of the section 1983 claims and for summary judgment on the Title IX claims. Torres v. Puerto Rico, No. 02-2769, slip op. at 13 (D.P.R. May 5, 2004) (unpublished). Because this case rejected the defendants' asserted qualified immunity and Eleventh Amendment defenses, the defendants prosecuted an interlocutory appeal. They simultaneously requested a stay of the district court proceedings pending resolution of the appeal.Neither the appeal nor the related stay request fared well in this court. Insofar as the Eleventh Amendment defense was concerned, we dismissed the appeal without prejudice because the issue required further factual development and, thus, was not ripe for interim appellate review. See, e.g., Diaz v. Martinez, 112 F.3d 1, 3 (1st Cir.1997); Stella v. Kelley, 63 F.3d 71, 74 (1st Cir.1995). We allowed Burgos's appeal to proceed on the qualified immunity issue but refused to stay the district court proceedings since his appeal seemed unlikely to succeed. Shortly thereafter, Burgos dropped what remained of the appeal.Meanwhile, the district court was struggling to keep the case on track. The court certified the defendants' appeal as "a frivolous one which is interposed solely for the purpose of delay" and sanctioned the defendants for their dilatory tactics.2 These tactics rendered the original discovery deadline impracticable and forced the district court to vacate the trial date. The court proceeded to set new deadlines: September 10, 2004, for completion of discovery and October 8 of the same year for the filing of dispositive motions. The court unequivocally warned the parties that "[a]ny further delays or refusals to engage in discovery will result in the imposition of further sanctions."Despite this admonition, the parties sought a further extension of the discovery deadline. Stating that its "patience [was] at an end," the district court imposed monetary sanctions on both sides. The record makes it perfectly plain, however, that the court placed the primary onus on the defendants; it sanctioned them "[f]or their recalcitrant, defiant, and stubborn attitude and their repeated and blatant disregard" of court orders, and sanctioned the plaintiffs for having "stood idly by" while the defendants lollygagged.3Recognizing that discovery remained incomplete, the court extended the discovery deadline to October 8, 2004, and the deadline for filing dispositive motions to October 28, 2004. The court admonished, with conspicuous clarity, that (i) no further extensions of either deadline would be allowed and (ii) no dispositive motions would be entertained after the designated date.After vacating the original trial date, the district court fixed December 13, 2004, as the new trial date. At a pretrial conference held on November 30, 2004 ? after the discovery and dispositive motion deadlines had passed ? the court informed the parties that it had to vacate the anticipated trial date due to its crowded criminal calendar. Withal, the court did not resurrect or modify the expired discovery and dispositive motion deadlines. Similarly, the court did not indicate any willingness to entertain late-filed dispositive motions. And in all events, no one moved for leave to file dispositive motions out of time.Notwithstanding this state of affairs, the defendants, on January 14, 2005, filed a dispositive motion ? a motion for judgment on the pleadings. See Fed.R.Civ.P. 12(c). That filing occurred well beyond the court-appointed deadline for the filing of dispositive motions.4 The district court's response was curt and to the point: the court denied the motion, noting "that the deadline for the filing of dispositive motions ha[d] long passed." The court also propounded a second basis for denying the motion, observing that the defendants had "failed to include certified translations of their exhibits" as required by the court's local rules. This order forms the basis for the instant appeal ? the defendants' third interlocutory appeal in this case.II. APPELLATE JURISDICTIONWe start with an introspective look at our own jurisdiction. As a general rule, interlocutory orders are not immediately appealable because they lack the requisite finality. See Domegan v. Fair, 859 F.2d 1059, 1061 (1st Cir.1988); see also 28 U.S.C. 1291. Like every general rule, however, this rule admits of certain exceptions. The collateral order doctrine maps the contours of one such exception.Under that doctrine, a district court's law-based denial of a pretrial motion that asserts a qualified immunity defense is immediately appealable. See Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). This is so, in part, because the defense conveys "an entitlement not to be forced to litigate." Id. at 527, 105 S.Ct. 2806. By like token ? and for much the same reason ? the law-based denial of a pretrial motion that asserts a defense of Eleventh Amendment immunity is immediately appealable. See P.R. Aqued. & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 147, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993). The defendants contend that, under these principles, we have jurisdiction to review the challenged order now.There is, however, another way to look at the matter. Here, the district court did not deny the defendants' motion on the merits. Viewed in terms of the district court's rationale, the order seems to be a routine case-management order ? and, ordinarily, case-management orders are not amenable to immediate appellate review. See, e.g., In re Recticel Foam Corp., 859 F.2d 1000, 1003 (1st Cir.1988).The tension between these seemingly contradictory bodies of authority is more apparent than real. We have held squarely that because "an asserted right not to stand trial is lost no less by a court's refusal to entertain a pre-trial immunity claim as by an erroneous denial of it on the merits," a district court's refusal to consider the merits of a pretrial motion raising an immunity defense ? even a refusal couched as a case-management order ? is immediately appealable. Valiente v. Rivera, 966 F.2d 21, 23 (1st Cir.1992). Since we are bound to adhere to prior circuit precedent, see, e.g., United States v. Wogan, 938 F.2d 1446, 1449 (1st Cir.1991), we hold that we have jurisdiction over this interlocutory appeal to the extent the appeal raises immunity defenses.5III. ANALYSISAlthough the nature of the challenged order does not deprive us of appellate jurisdiction, it does provide the prism through which we must view the lower court's decision. Typically, we would review the disposition of a motion for judgment on the pleadings de novo. See, e.g., Mass. Nurses Ass'n v. N. Adams Reg'l Hosp.,Try vLex for FREE for 3 days
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