United States Court of Appeals
For the First Circuit
No. 09-1804
ROBERT MELÉNDEZ,
Plaintiff, Appellant,
v.
AUTOGERMANA, INC.,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Justo Arenas, U.S. Magistrate Judge]
Before
Torruella, Lipez, Circuit Judges,
and Barbadoro,* District Judge.
Peter John Porrata, with whom Law Offices of Peter John
Porrata, was on brief for appellant.
Eduardo M. Veray-López, with whom Jesús R. Rabell-Méndez,
Rabell-Méndez C.S.P., Phillip A. Escoriaza, and Zorrilla &
Escoriaza Law Offices, were on brief for appellee.
October 12, 2010
*
Of the District of New Hampshire, sitting by designation.
TORRUELLA, Circuit Judge. In this age discrimination in
employment action, Plaintiff-Appellant, Robert Meléndez (Meléndez),
a former BMW car salesman at the Autogermana dealership in Puerto
Rico, appeals the district court's dismissal of his claim of
discriminatory discharge in violation of the Age Discrimination in
Employment Act, 29 U.S.C. § 623 (ADEA). Meléndez also challenges
the district court's denial of his motions for reconsideration. In
dismissing Meléndez's claim at the summary judgment stage, the
district court found that Meléndez successfully established a prima
facie case of discrimination, but ultimately concluded that
Meléndez failed to show that Autogermana's proffered non-
discriminatory reasons for dismissing him were pretexts that masked
age discrimination. After careful review of the record, we affirm
the district court's dismissal of Meléndez's age discrimination
claim and find no abuse of discretion in the district court's
denial of Meléndez's motions for reconsideration.
I. Facts and Procedural History
Meléndez worked as a BMW car salesman for Defendant,
Autogermana, Inc., over the course of approximately 10 years until
Autogermana discharged him on July 7, 2006. Meléndez was 50 years
of age at the time of his dismissal.
Throughout the course of his employment at Autogermana,
Meléndez received several sales performance awards. For example,
Meléndez received the Profiles in Achievement Award from BMW of
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North America in 2001, 2002, 2003, 2004, and 2005. From 2004 to
2005, however, Meléndez also received several performance memoranda
regarding his failure to meet the required sales quotas for
particular months. On June 22, 2004, Meléndez received a
performance warning which stated that Meléndez had failed to meet
the used car sales quota of two vehicles. A second memorandum
dated August 10, 2004 informed Meléndez that he had not sold the
required thirteen new cars in the month of July 2004, and that he
had one of the poorest sales records of the sales department staff.
In 2005, Meléndez received performance warnings because he failed
to meet the monthly sales quota in the months of March and April.
In March 2006, and prior to dismissing Meléndez,
Autogermana adopted and implemented a new monthly sales quota. In
a memorandum dated February 25, 2006, Autogermana informed its
sales staff that a new monthly sales quota and payment structure
would be adopted on March 1, 2006, requiring all salespersons to
sell twelve new cars and one used car each month. The memorandum
also informed employees that they would be required to sell at
least 85% of their new car sales monthly quota, and that those who
did not meet this threshold would be "subject to immediate
dismissal." Autogermana was to perform quarterly evaluations
beginning on July 7, 2006.1
1
The memorandum stated:
There will be a quarterly evaluation in which the
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Shortly after the new sales quota was adopted,
Autogermana discharged Meléndez. The letter of dismissal stated
that after evaluating Meléndez's sales performance in light of the
new sales quota, Autogermana had determined that Meléndez had not
met the quota and was thus subject to dismissal. The letter also
explained that Autogermana had evaluated Meléndez's sales
performance during the prior eighteen months. On that same day,
Autogermana discharged Carlos Palmero, a fellow salesperson who was
approximately 32 years of age.2
On November 16, 2007, Meléndez filed the present suit in
the United States District Court for the District of Puerto Rico,
claiming that he was terminated because of his age in violation of
the ADEA and Puerto Rico Law 100. Autogermana moved for summary
judgment. On March 17, 2009, the district court granted summary
salesperson's individual sales will be taken year to
date, and it will be compared with the quota accrued to
the corresponding period. Every salesperson that meets
less than 85% of his quota of new cars is subject to
immediate dismissal from his job at the Company. If
meeting [sic] between 85% and 99% of their [sic]
quarterly quota, the salesperson will receive a
performance memorandum. If the salesperson receives
three memoranda within a period of 12 months, he will be
subject to dismissal from his job at the Company.
Quarterly evaluations will be performed in the following
dates: April 7[,] July 7[,] October 7[,] [and] January
7[.] Only three quarters will be evaluated during [the]
2006 fiscal year, beginning on July 7, 2006.
2
In his deposition, Meléndez admitted that Autogermana was
planning to dismiss at least four other employees who had not met
the new monthly quota.
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judgment in Autogermana's favor on the age discrimination claim and
dismissed Meléndez's supplemental state law claim under Puerto Rico
Law 100, P.R. Laws Ann. tit. 29, §§ 146-51. The district court
found that Meléndez had established a prima facie case of
discrimination, but ultimately concluded that Meléndez failed to
show that Autogermana's proffered non-discriminatory reason for
discharging Meléndez was a pretext for age discrimination.
On March 30, 2009, Meléndez filed a motion for
reconsideration of the judgment in which he also requested a stay
of the judgment pending final resolution of a parallel state case,
Meléndez v. Autogermana, Inc., Civil No. KPE 2007-1402 (807) (P.R.
Ct. of First Instance March 30, 2009), in which Meléndez claimed he
was entitled to severance pay under Puerto Rico Law No. 80.3 On
April 4, 2009, Meléndez submitted a second motion for
reconsideration in which he explained that the Commonwealth of
Puerto Rico's trial court had issued a judgment granting him relief
under Puerto Rico Law 80. Arguing that once the state-court
judgment became final it would have preclusive effect on the
present ADEA litigation, Meléndez requested a stay of the district
court proceedings and/or judgment. Meléndez also requested leave
3
"Law 80 imposes a monetary penalty on employers who dismiss
employees without just cause." Otero-Burgos v. Inter Am. Univ.,
558 F.3d 1, 7 (1st Cir. 2009). If the employee is discharged
without just cause, he is entitled to severance pay known as a
"'mesada,' which is calculated using a formula provided by the
statute." Id.
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to file an English translation of the state-court judgment. The
district court denied the two motions for reconsideration on
April 23, 2009. Subsequent to the district court's denial of
Meléndez's first two motions for reconsideration, he filed a motion
for reconsideration of the district court's April 23rd order, and
requested leave to file an English translation of the state-court
judgment granting him severance pay under Puerto Rico Law 80. The
district court denied this third motion. Meléndez subsequently
filed this timely appeal, challenging both the dismissal of his
ADEA claim and the district court's denial of his motions for
reconsideration.
II. Standard of Review
"We review the district court's grant of summary judgment
de novo, viewing the facts in the light most favorable to the non-
moving party." Roman v. Potter, 604 F.3d 34, 38 (1st Cir. 2010).
Summary judgment is appropriate "if the pleadings, the discovery
and disclosure materials on file, and any affidavits show that
there is no genuine issue as to any material fact and that the
movant is entitled to judgment as a matter of law." Fed. R. Civ.
P. 56(c).
III. Discussion
A. ADEA claim
The ADEA makes it unlawful for an employer to take an
adverse employment action against an employee who is forty years of
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age or older on the basis of his age. 29 U.S.C. §§ 623(a), 631(a).
In an ADEA claim, the employee "shoulder[s] the ultimate 'burden of
proving that his years were the determinative factor in his
discharge, that is, that he would not have been fired but for his
age.'" Torrech-Hernández v. Gen. Elec. Co., 519 F.3d 41, 48 (1st
Cir. 2008).
Absent direct evidence of discrimination, a plaintiff-
employee may avail himself of the McDonnell Douglas burden-shifting
framework to "prove that he would not have been fired but for his
age." Velázquez-Fernández v. NCE Foods, Inc., 476 F.3d 6, 11 (1st
Cir. 2007) (citation omitted). Under this framework, the
plaintiff-employee must show: (1) that he was at least forty years
old when he was fired; (2) that his job performance met the
employer's legitimate expectations; (3) that he suffered an adverse
employment action such as a firing; and (4) that the employer
filled the position, thereby showing a continuing need for the
services that he had been rendering.4 See Vélez v. Thermo King de
P.R., 585 F.3d 441, 447 (1st Cir. 2009); Suárez v. Pueblo Int'l
Inc., 229 F.3d 49, 53 (1st Cir. 2000). This "prima facie showing
is not especially burdensome, and once established, gives rise to
a rebuttable presumption that the employer engaged in intentional
4
The parties have characterized this as a firing and replacement
case and the district court assumed it was. We thus abide by this
characterization.
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age-based discrimination." Woodman v. Haemonetics Corp., 51 F.3d
1087, 1091 (1st Cir. 1995) (citations omitted).
Once the plaintiff-employee establishes a prima facie
case for discrimination, the burden of production shifts to the
defendant-employer to produce sufficient competent evidence to
allow a rational fact-finder to conclude that a legitimate non-
discriminatory reason existed for the termination. See id.; see
also Vélez, 585 F.3d at 448. If the employer articulates such a
non-discriminatory reason, the plaintiff-employee must then prove
"that the employer's given reason 'was pretextual' and that the
record evidence would permit a reasonable jury to infer that the
real reason was 'discriminatory animus' based on his age."
Cordero-Soto v. Island Finance, Inc., 418 F.3d 114, 119 (1st Cir.
2005).
1. First stage: the prima facie case
The district court concluded that Meléndez successfully
mounted a prima facie case of age discrimination. On appeal, the
parties agree that Meléndez satisfies the first, third, and fourth
prongs of the prima facie case. Meléndez was 50 years old at the
time he parted company with his former employer, he was discharged,
and Autogermana admitted it had a continuing need for Meléndez's
services.5 Autogermana claims, however, that Meléndez has failed
5
Meléndez argues that in assessing whether a plaintiff-employee
established a prima facie case of discrimination under the ADEA,
this court should not require evidence that the plaintiff's duties
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to satisfy the second prong of the prima facie case as he was not
meeting the company's legitimate expectations at the time of his
dismissal. To support this claim, Autogermana points to Meléndez's
sub-par sales performance during the eighteen months prior to his
dismissal, and to his failure to meet the new sales quota during
the April-June 2006 quarter. Autogermana's argument regarding the
prima facie case is unavailing.
First, we cannot "consider the employer's alleged
nondiscriminatory reason for taking an adverse employment action
when analyzing the prima facie case." Wexler v. White's Fine
Furniture, Inc., 317 F.3d 564, 574 (6th Cir. 2003); see also Vélez,
585 F.3d at 448 (same). Thus, because Autogermana invoked
Meléndez's failure to meet the sales quota in arguing that Meléndez
was dismissed for non-discriminatory reasons, we cannot rely on
Meléndez's poor sales performance in assessing whether he satisfied
were assigned to a person outside the age group protected by the
ADEA (someone under the age of 40). First, in holding that
Meléndez had not provided sufficient evidence to show that he was
dismissed because of his age, the district court did not require
Meléndez to show that he was replaced by someone outside the
protected class. Secondly, and more importantly, the Supreme Court
rejected this contention in O'Connor v. Consol. Coin Caterers
Corp., 517 U.S. 308, 312 (1996), holding that "[b]ecause it lacks
probative value, the fact that an ADEA plaintiff was replaced by
someone outside the protected class [someone under the age of 40]
is not a proper element of the McDonnell Douglas prima facie case."
Because the touchstone of the ADEA inquiry is whether plaintiff
suffered discrimination because of his age, plaintiff may make his
prima facie case by showing that he was replaced by a much younger
person, regardless of whether the younger person was within the
protected class. See id., at 313.
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the legitimate expectations prong of the prima facie case. If we
were to consider Autogermana's stated reason for firing Meléndez as
evidence that he was not meeting the company's expectations, we
would "bypass the burden-shifting analysis and deprive the
plaintiff of the opportunity to show that the nondiscriminatory
reason was in actuality a pretext designed to mask discrimination."
Wexler, 317 F.3d at 574.
To show that he was meeting Autogermana's legitimate
expectations at the time of his dismissal, Meléndez points to his
ten-year career at Autogermana. He relies on the awards he
received from 2001 to 2005 for his sales performance and on the
fact that at the time of his dismissal, he earned roughly the same
salary that he had received in prior years. Meléndez also contends
that his failure to meet the sales quota in 2006 was due to reasons
other than his poor or inadequate sales performance. He argues
that the economic downturn in Puerto Rico led to a reduction in
overall company sales and that as a consequence, all or most
salespersons were unable to meet the new sales quota. Mindful that
an employee's burden at the prima facie stage is not particularly
onerous, Benoit v. Technical Mfg. Corp., 331 F.3d 166, 173 (1st
Cir. 2003), we find that the evidence proffered by Meléndez is
minimally sufficient to show that there was a triable issue as to
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his ability to meet Autogermana's legitimate expectations.6 See
Woodman, 51 F.3d at 1092 ("proffer of substantial wage increases
and ten years of positive performance reviews, blemished by but one
negative performance evaluation" found sufficient to create a
triable issue as to whether employee was meeting his employer's
legitimate expectations); Vélez, 585 F.3d at 448 (legitimate
expectations prong met where plaintiff relied on his twenty-four
years of employment with defendant without being subject to
discipline due to his performance).
2. Second stage: legitimate and non-discriminatory reason for
dismissal
Having held that Meléndez successfully established a
prima facie case of age discrimination, we must determine whether
Autogermana articulated a legitimate and non-discriminatory reason
for dismissing Meléndez. We need not tarry. Autogermana claims
that it discharged Meléndez because he failed to meet the sales
quota that was implemented in March 2006. Autogermana also
explains that it decided to discharge Meléndez because his sales
record during the eighteen months prior to his dismissal revealed
that Meléndez was among the poorest performers in the company. We
6
We are cognizant that Meléndez's failure to meet the sales quota
for the April-June 2006 quarter could undermine Meléndez's
contention that he was meeting his employer's legitimate
expectations at the time of his dismissal. We will fully consider
the evidence regarding Meléndez's sales performance in examining
whether Autogermana's proffered reason for dismissing him was a
pretext masking discrimination.
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find that this is enough "to enable a rational factfinder to
conclude that there existed a nondiscriminatory reason" for
Meléndez's dismissal. Ruiz v. Posadas de San Juan Assocs., 124
F.3d 243, 248 (1st Cir. 1997); see also García v. Bristol-Myers
Squibb Co., 535 F.3d 23, 31 (1st Cir. 2008) (employer met its
burden of providing a legitimate, non-discriminatory reason by
stating that employee was discharged due to her deficient
performance).
3. Third and final stage: pretext and discriminatory animus
At the final stage of our inquiry, the burden shifts to
Meléndez, who, unaided by the presumption that was previously
raised in the prima facie case, must put forth sufficient facts for
a reasonable fact-finder to conclude that Autogermana's proffered
reason for discharging him is a pretext and that the true reason
behind the firing was discriminatory animus. See Feliciano de la
Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 6 (1st
Cir. 2000). "It is not enough for a plaintiff merely to impugn the
veracity of the employer's justification; he must 'elucidate
specific facts which would enable a jury to find that the reason
given is not only a sham, but a sham intended to cover up the
employer's real motive: age discrimination.'" Mesnick v. General
Elec. Co., 950 F.2d 816, 824 (1st Cir. 1991) (quoting Medina-Muñoz
v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 9 (1st Cir. 1990).
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Meléndez puts forth several arguments in support of his
claim that Autogermana's stated reason for dismissing him was
pretextual. First, it is Meléndez's theory that Autogermana
improperly evaluated his sales record for the April-June 2006
quarter through the lens of the new sales quota and that this
raises the inference that Autogermana's proffered reason for his
dismissal was pretextual. Secondly, Meléndez invokes his good
sales record in the company to argue that considerations other than
his sales performance led to his dismissal. Thirdly, Meléndez
claims that the fact that, due to the economic downturn, overall
company sales dropped and other salespersons were likewise unable
to meet the sales quota raises the inference that the real reason
behind his dismissal was age discrimination. Finally, Meléndez
claims that the new sales quota was "unreal" or unreasonable, and
that Autogermana's reliance on the quota was but a pretext for
illegal discrimination.
We begin by addressing Meléndez's claim that Autogermana
misapplied the February 2006 memorandum in an effort to cover the
real reasons behind his dismissal. Although the memorandum was far
from a paragon of clarity, we cannot conclude that Autogermana,
having issued a memorandum informing employees that a new sales
quota would be put into effect in March 2006, and having advised
employees that the first quarterly evaluation was to be performed
on July 7, 2006, was precluded from evaluating employee performance
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during the April-June quarter through the lens of the new sales
quota. Moreover, even if we draw the inference that Autogermana
could not evaluate Meléndez's sales performance through the lens of
the new sales quota, we would only be able to conclude that
Meléndez's dismissal was unjust or wrongful. This, however, is
insufficient for a reasonable trier of fact to conclude that
Autogermana's evaluation of Meléndez's sales performance was a
pretext masking its impermissible discriminatory animus. Cf.
Feliciano de la Cruz, 218 F.3d at 8 (finding that "even if a
rational trier of fact could infer from the evidence of pretext
that [employer's] decision to fire [plaintiff] was 'unfair'
(because she continued to perform her job well), that proof [was]
insufficient to state a claim under Title VII" for discrimination
on the basis of race). This is particularly so in light of the
evidence showing Meléndez's overall sub-par performance during the
eighteen months prior to his dismissal.
While Meléndez put forth some evidence to show that he
had a successful record as a salesperson during his ten-year tenure
at Autogermana, the record supports the conclusion that, at the
time of his dismissal, Autogermana believed that Meléndez was not
meeting the company's legitimate performance expectations. See id.
at 7 (stating that the essence of the pretext question is not
whether plaintiff "was actually performing below expectations, but
whether [the employer] believed that[]he was"). The evidence
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presented by Autogermana reveals that, even ignoring the new sales
quota, Meléndez had one of the poorest sales records in the
company.7 Meléndez's sales record from January 2006 until July
2006 reveals that he had the second poorest sales record, and sales
statistics for the year 2005 also show that Meléndez was among the
poorest performers within the company.
Meléndez simply asks us to disregard the evidence
regarding his inadequate sales performance at the time of his
dismissal and to abide by his own assessment of his sales
performance. We find that this is insufficient for a reasonable
fact-finder to conclude that Autogermana did not actually believe
that Meléndez was performing below expectations at the time of his
dismissal.
Regarding Meléndez's contention that the sales quota was
"unreal," we should clarify that Autogermana's decision to adopt a
new sales quota is a business decision that we may not question in
7
Before the district court, Meléndez lodged an objection to
Autogermana's reliance at summary judgment on statistical evidence
-- tables -- regarding employee sales records for the years 2005
and 2006. In his statement of uncontested facts, Meléndez claimed
that the tables were self-serving and that the statistics did not
include details regarding the types of cars each employee sold.
The district court rejected Meléndez's objection and relied on
these tables in granting summary judgment in Autogermana's favor.
Because Meléndez has not challenged the admissibility of the
statistical evidence on appeal, we need not examine whether the
district court abused its discretion in considering the tables
submitted by Autogermana. See Bennett v. Saint-Gobain Corp., 507
F.3d 23, 28 (1st Cir. 2007) ("abuse-of-discretion standard applies
to a district court's decision to admit or exclude evidence at the
summary judgment stage").
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an employment discrimination case. Mesnick v. Gen. Elec. Co., 950
F.2d 816, 825 (1st Cir. 1991) ("Courts may not sit as super
personnel departments, assessing the merits - or even the
rationality - of employers' nondiscriminatory business
decisions."). That is, Meléndez's general averment that the sales
quota was "unreal," is insufficient to allow a reasonable fact-
finder to conclude that the quota was adopted and employed to mask
Autogermana's discriminatory animus. After all, "[t]he 'ADEA does
not stop a company from discharging an employee for any reason
(fair or unfair) or for no reason, so long as the decision to fire
does not stem from the person's age.'" Id. (citation omitted); see
also Webber v. Int'l Paper Co., 417 F.3d 229, 238 (1st Cir. 2005)
("[P]ursuant to the 'business judgment' rule[,] an employer is free
to terminate an employee for any nondiscriminatory reason even if
its business judgment seems objectively unwise.") (citation
omitted).
Further, evidence showing that Autogermana's overall
sales in 2006 were lower than its 2005 sales8 is insufficient for
a reasonable trier of fact to conclude that Autogermana discharged
Meléndez for reasons other than his sub-par sales performance.
While new car sales had declined in 2006, some of the salespersons
were indeed able to sell the requisite number of cars required by
8
For example, it is undisputed that by May 2005, Autogermana had
sold 440 new cars, while Autogermana had sold 377 new cars by May
2006.
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the quota, or fell within the 85% threshold. Furthermore, the
record supports the conclusion that Autogermana decided to dismiss
the two salespersons with the poorest sales records and that the
company also considered discharging other employees. Regardless of
whether the economic downturn may have affected Meléndez's sales
performance, the record shows that, when compared with his fellow
co-workers, Meléndez was not meeting Autogermana's expectations.
We thus find that Meléndez has failed to raise the inference that
Autogermana's proffered reason for dismissing him was pretextual.
In his attempt to support a claim of discriminatory
discharge, Meléndez states that Autogermana waged an insidious
"discrimination campaign" against him, whereby members of
Autogermana's staff regularly ostracized and mocked him because of
his age. Meléndez argues that co-workers referred to him as "el
abuelo" ("grandpa"), or "el viejo" ("the old man"), since he was a
single parent, and had his first child at the age of 45. Meléndez
also refers to other incidents in which his co-workers criticized
the way he dressed, remarking that he wore outdated suits and
shoes.9 He also claims that co-workers intentionally excluded him
from a staff picture and that, prior to his dismissal, his desk was
moved away from the lobby, thereby preventing him from greeting
potential customers.
9
Meléndez specifically points to an incident in which
Autogermana's General Manager publicly called him "la vieja" ("the
old lady") because he wore outdated shoes.
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We recognize that some of these remarks by co-workers
were related to Meléndez's age. We have explained, however, that
"'stray workplace remarks,' as well as statements made either by
non-decisionmakers or by decisionmakers not involved in the
decisional process, normally are insufficient, standing alone, to
establish either pretext or the requisite discriminatory animus."
González v. El Día, Inc., 304 F.3d 63, 69 (1st Cir. 2002). While
evidence of age-related comments may be sufficient to support an
inference of pretext and discriminatory animus, Domínguez-Cruz v.
Suttle Caribe, Inc., 202 F.3d 424, 433 (1st Cir. 2000), Meléndez
has failed to adduce sufficient evidence for a reasonable trier of
fact to conclude that the remarks were both temporally and causally
connected to Autogermana's decision to discharge him.
Rivera-Aponte v. Restaurant Metropol #3, Inc., 338 F.3d 9, 12 (1st
Cir. 2003) ("The lack of a direct connection between the words and
the employment action significantly weakens their probative
value.") (citation omitted); McMillan v. Mass. Soc'y for the
Prevention of Cruelty to Animals, 140 F.3d 288, 301 (1st Cir. 1998)
("[E]ven if [stray] remarks are relevant for the pretext inquiry,
their probativeness is circumscribed if they were made in a
situation temporally remote from the date of the employment
decision."). These remarks, even if ageist, are insufficient to
overcome the compelling evidence proffered by Autogermana showing
that Meléndez was dismissed due to poor work performance and they
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thus fail to raise the inference that the real reason for
Meléndez's termination was age discrimination.
While Meléndez steadfastly claims that he was dismissed
because of his age, it is uncontested that Meléndez -- then 50
years old -- was discharged alongside a fellow salesperson who at
the time was 32 years old. Also, Meléndez himself admitted both in
his deposition and in his opposition to Autogermana's motion for
summary judgment that Autogermana also had to dismiss four other
salespersons. There is thus insufficient evidence to draw the
inference that impermissible age discrimination was the
determinative factor in Meléndez's termination. See Torrech-
Hernández, 519 F.3d at 48 (in an ADEA case, plaintiff shoulders the
ultimate burden of proving that "his years were the determinative
factor in his discharge"). We therefore affirm the district
court's grant of summary judgment for Defendant Autogermana.
B. Denial of Meléndez's post-judgment motions
"As a general matter, a motion for reconsideration may
only be granted if the original judgment evidenced a manifest error
of law, if there is newly discovered evidence, or in certain other
narrow situations. Global Naps, Inc. v. Verizon New Eng., Inc.,
489 F.3d 13, 25 (1st Cir. 2007). We review the district court's
denial of a motion for reconsideration for abuse of discretion,
id., and will not overturn the court's determination "unless a
miscarriage of justice is in prospect or the record otherwise
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reveals a manifest abuse of discretion." Rivera v. Riley, 209 F.3d
24, 27 (1st Cir. 2000).
Following the district court's dismissal of his claims at
summary judgment, Meléndez filed two motions for reconsideration
seeking relief from the district court's judgment. After the
district court denied these motions, Meléndez filed a third motion,
seeking reconsideration of the district court's denial of his first
two Rule 59(e) motions. We will address the arguments raised by
Meléndez in these motions and review the district court's orders on
them, in turn.
In his first motion for reconsideration, Meléndez argued
that the court misinterpreted the February memorandum adopting the
new sales quota. He claimed that the district court overlooked and
misinterpreted his argument that Autogermana could not apply the
new sales quota in evaluating his sales performance prior to July
2006. He also contended that Autogermana's reliance on his sales
performance during the prior eighteen months was simply a pretext,
as he received awards for his sales performance during that same
eighteen-month period. Secondly, Meléndez urged the court to stay
the judgment pending final resolution of a parallel state-court
case in which he was seeking relief for an unjust dismissal under
Puerto Rico Law 80.
On April 4, 2009, Meléndez filed a second motion for
reconsideration which essentially renewed his request for a stay of
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the proceedings pending final resolution of his parallel unjust
dismissal case.10 In this second motion, however, Meléndez
explained that the Commonwealth's Superior Court had issued a
judgment granting him relief under Law 80. According to Meléndez,
although the judgment was subject to appeal and could not yet be
considered a final judgment for collateral estoppel purposes under
Puerto Rico law, once the judgment became final, it would have
preclusive effect in the present ADEA litigation. Meléndez also
requested leave to file an English translation of the judgment
entered by the Commonwealth's Superior Court in his Law 80 action.
In an opinion and order issued on April 23, 2009, the
district court addressed the arguments raised by Meléndez in his
first and second motions for reconsideration. Finding no manifest
error of law in its prior conclusion that Meléndez was dismissed
for failure to meet Autogermana's legitimate expectations, the
district court denied the requested relief from the judgment. The
10
We note that Meléndez's first Rule 59(e) motion was timely filed
within ten days of the final judgment. Thus, the appeal period was
tolled and began to run anew when the district court denied these
motions on April 23, 2009. Meléndez's second motion, however, was
filed outside the mandatory ten-day period to file motions for
reconsideration. If we viewed Meléndez's April 4th filing as a
separate Rule 59(e) motion, we would have to conclude that it was
untimely and that thus, the district court lacked jurisdiction to
consider it under Rule 59(e). See Fisher v. Kadant, Inc., 589 F.3d
505, 511 (1st Cir. 2009). But because Meléndez's second motion
basically informed the court that the Commonwealth's Superior Court
had issued a judgment in his Law 80 case, and expanded the
arguments raised in Meléndez's first timely motion, we find no
error in the district court's decision to address the arguments
raised by Meléndez in this second, supplemental motion.
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district court also denied Meléndez's request for a stay of the
judgment pending final resolution of his state-court action.
As we discussed in section III. A., supra, the evidence
on which Meléndez relies to support his age discrimination claim
fails to raise the inference that he was dismissed for reasons
other than his sub-par work performance, and Meléndez failed to
point to any newly discovered evidence capable of altering this
conclusion. On reconsideration, Meléndez simply restated his
argument that Autogermana was precluded from evaluating his work
performance in light of the new sales quota, claiming that the
district court misconstrued this argument. The district court,
however, explained that it had not overlooked this argument, but
that it simply found it insufficient to support the conclusion that
Meléndez was dismissed due to his age. We find no error in this
conclusion. Because Meléndez failed to point to any manifest error
of law in the district court's judgment dismissing his ADEA claim,
we find no abuse of discretion in the district court's denial of
Meléndez's motions for reconsideration.
We also fail to find any abuse of discretion in the
district court's refusal to stay the judgment in this case until
the Commonwealth courts issued a final and unappealable judgment in
Meléndez's parallel state-court action for unjust dismissal under
Puerto Rico Law 80. This argument is unavailing as Meléndez
himself admitted in his motion for reconsideration that collateral
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estoppel principles did not apply because the judgment issued by
the Commonwealth's Superior Court was not yet "final and
unappealable" as required under Puerto Rico res judicata and
collateral estoppel principles.11 See R.G. Fin. Corp. v. Vergara-
Núñez, 446 F.3d 178, 183 (1st Cir. 2006) (stating that a judgment
has preclusive effect under Puerto Rico law only if, among other
requirements, the judgment is "final and unappealable"); see also
Cruz v. Melecio, 204 F.3d 14, 20 (1st Cir. 2000) ("[A] commonwealth
court judgment cannot be accorded preclusive effect until all
available appeals have been exhausted (or the time for taking them
has expired)."). At the time Meléndez filed his motion for
reconsideration, the Commonwealth's courts had not issued a final
and unappealable judgment. This defeats any claim that collateral
estoppel or claim preclusion principles would apply under Puerto
Rico law. See Cruz, 204 F.3d at 21 (finding that appellant's
federal suit was not foreclosed by res judicata principles where
the "commonwealth court's judgment in this case was on appeal at
the time the federal district court" issued its decision dismissing
the case). We therefore find no abuse of discretion in the
11
The parties and the district court assumed that a Rule 59(e)
motion was the proper vehicle to request relief from the district
court's final judgment on the basis of collateral estoppel.
Because we find that Meléndez's collateral estoppel claim fails on
the merits, we assume, without deciding, that the issue was
properly raised before the district court in Meléndez's Rule 59(e)
motions.
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district court's denial of Meléndez's first and second motions for
reconsideration.
Finally, we find no abuse of discretion in the district
court's denial of Meléndez's request for reconsideration of the
court's denial of his first and second motions for post-judgment
relief. In this third post-judgment motion, Meléndez essentially
challenged the district court's refusal to grant him leave to file
an English translation of the state-court judgment. Because we
find no abuse of discretion in the district court's decision that
the non-final Law 80 judgment could not have any preclusive effect
on the present ADEA litigation, we cannot find any error in the
court's decision to deny Meléndez's request to file an English
translation of the state-court judgment and order.12
IV. Conclusion
For the reasons stated, we affirm the district court's
grant of summary judgment for Autogermana and affirm the court's
denial of Meléndez's motions for reconsideration.
Affirmed.
12
To the extent that Meléndez's third motion also sought relief
from the underlying judgment dismissing his ADEA claim, we find
that the district court properly denied the motion as it was filed
outside the ten-day period following the entry of the district
court's March 18, 2009 judgment dismissing Meléndez's claims.
Fisher, 589 F.3d at 511 (district court lacks authority to consider
a Rule 59(e) motion that is filed outside "the ten-day window that
opened following the entry of judgment").
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