UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 99-30976
Summary Calender
LOUIS NELSON,
Plaintiff-Appellant,
VERSUS
STAR ENTERPRISE,
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(98-CV-1557-T)
June 15, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Louis Nelson appeals the district court’s grant of summary
judgment for Star Enterprise dismissing Nelson’s claims of race
discrimination and retaliation. The claims arose out of Nelson’s
employment with Star Enterprise and its decisions to not promote
Nelson. Star Enterprise points to legitimate non-discriminatory
*
Pursuant to 5TH Cir. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH Cir. R. 47.5.4.
reasons for the failure to promote in the record. Nelson contends
that evidence introduced in an untimely opposition to summary
judgment demonstrates that Star Enterprise’s proffered reasons were
pretextual and that the district court erred by failing to consider
this evidence. District courts have broad discretion to consider
untimely oppositions to motions for summary judgment. See Hetzel
v. Bethlehem Steel Corp., 50 F.3d 360, 367 (5th Cir. 1995); Lowndes
v. Global Marine Drilling Co., 909 F.2d 818 (5th Cir. 1990). It is
undisputed that Nelson’s opposition was untimely filed. We hold
that the district court did not abuse its discretion in treating
Star Enterprise’s motion for summary judgment as unopposed in that
the opposition was untimely filed. The evidence submitted in the
untimely motion is thus not properly part of the record on appeal.
See Figgie Intl. Inc. v. Bailey, 25 F.3d 1267, 1273 n.21 (5th Cir.
1994).
Having carefully reviewed the record properly before this
court and studied the briefs of counsel, we AFFIRM for essentially
the reasons set forth by the district court in its Memorandum Order
dated August 5, 1999.