April 4, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1977
BROWN N. OKOCHA,
Plaintiff, Appellant,
v.
BRIGHAM & WOMEN'S HOSPITAL,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Robert E. Keeton, U.S. District Judge]
Before
Torruella, Chief Judge,
Cyr and Stahl, Circuit Judges.
Brown N. Okocha on brief pro se.
Richard P. Ward, Bonnie B. Edwards and Ropes & Gray on brief for
appellee.
Per Curiam. We have carefully reviewed the parties'
briefs and district court record and find no reason to
disturb the summary judgment entered in favor of defendant.
Contrary to plaintiff's contention, the district court
properly struck plaintiff's statement of undisputed facts,
because it contained no references to any supporting
documents and it was not responsive to defendant's statement.
District Court Loc. R. 56.1; see, e.g., Rand v. M/A-Com,
Inc., 824 F.Supp. 242, 266 (D.Mass. 1992). As a result, the
facts in defendant's statement were deemed admitted.
It follows that summary judgment for defendant was
appropriate because there was no genuine issue as to any
material fact and defendant was entitled to judgment as a
matter of law. Fed. R. Civ. P. 56(c). Specifically, as the
district court found, plaintiff did not sustain his burden to
present a prima facie case of discrimination, whether under
the federal standard or the less rigorous Massachusetts
standard. He presented no admissible evidence that his
failure to fulfill the off-shifts requirement was not the
real reason for his termination or that other employees were
treated more favorably. See McDonnell Douglas Corp. v.
Green, 411 U.S. 792, 802-05 (1973); Mesnick v. General
Electric Co., 950 F.2d 816, 823 (1st Cir. 1991), cert.
denied, 504 U.S. 985 (1992); Blare v. Husky Injection Molding
Systems Boston, Inc., 419 Mass. 437, 443, 646 N.E.2d 111, 116
-3-
(1995). Plaintiff's contrary theories about the cause of his
termination were not supported by any admissible evidence.
Affirmed. Loc. R. 27.1.
-4-