Sanchez-Valdes v. Baco

August 11, 1993 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

No. 93-1332

JESUS SANCHEZ-VALDES,

Plaintiff, Appellant,

v.

ALBERTO O. BACO, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Gilberto Gierbolini, U.S. District Judge]

Before

Cyr, Boudin and Stahl,
Circuit Judges.

Hector Rivera Cruz, Secretary of Justice, Antonio Fiol

Matta, Director, Federal Litigation Division, Rosalinda Pesquera,

Victor E. Baez, and Sigfredo Rodriguez Isaac, on brief for

appellant.
Carlos Lugo Fiol, Acting Solicitor General, Department of

Justice, on brief for appellees.

Per Curiam. The district court dismissed this action

after determining that plaintiff had orally agreed upon a

settlement. Plaintiff has appealed.

Plaintiff's brief does not clearly explain plaintiff's

challenge. If plaintiff's argument is that the terms of the

settlement as represented by defendants were not the terms

the parties actually agreed upon at the settlement

conference, we conclude plaintiff has waived that argument.

Plaintiff neither timely opposed defendants' June 3, 1992

motion (which asked the court, among other things, to enforce

the settlement agreement attached to defendants' motion),

requested an evidentiary hearing, nor sought reconsideration

of the court's June 22, 1992 order which concluded that the

agreed upon settlement terms were as stated by defendants.

If plaintiff's argument is that counsel was not authorized to

settle the case, this argument, too, has been waived by

plaintiff's failure to present it below. In view of

plaintiff's silence below, coupled with his vaguely phrased

appellate brief, we see no basis for disturbing the district

court's judgment.

Affirmed.

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