United States First Circuit

In a suit against the Puerto Rico Department of Education for discrimination and retaliation under Title VII based on its failure to hire plaintiff for a teaching position and its failure to issue her a teaching certification for which she claims she was qualified, summary judgment for defendant is affirmed where: 1) there was no evidence of any discrimination or retaliation; 2) the district court did not abuse its discretion in denying plaintiff's Rule 60(b)(2) motion, since plaintiff was in possession of her proffered "new" information prior to summary judgment but was not diligent in bringing it to the court's attention; and 3) summary judgment was appropriate even considering plaintiff's opposition, which the district court refused to consider as untimely.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and LYNCH, Circuit Judges, and DiCLERICO, JR., District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Diana Lynn Pagán-Rosado, with whom Brown & Ubarri was on brief, for appellant.


• For Appellees:
  
• Irene S. Soroeta-Kodesh, Assistant Solicitor General, with whom Salvador J. Antonetti-Stutts, Solicitor General, and Mariana D. Negrón-Vargas, Deputy Solicitor General, were on brief, for appellee.