Vazquez-McLear v. State Insurance Fund et al

Filing 56

MEMORANDUM, OPINION AND ORDER: Denying 54 Motion to Alter Judgment. Signed by Judge Gustavo A. Gelpi on 8/7/2013. (TC) Modified on 8/8/2013 as to title (er).

Vazquez-McLear v. State Insurance Fund et al

Doc. 56

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF PUERTO RICO

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MELBA VAZQUEZ-MCLEAR,

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Plaintiff,

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v.

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STATE INSURANCE FUND, et al.,

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Defendants.

Civil No. 12-1927 (GAG)

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MEMORANDUM OPINION AND ORDER

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Melba Vazquez McLear (“Plaintiff”) filed a motion for reconsideration (Docket No. 54) after

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the court dismissed her case (Docket No. 47). Defendants opposed the motion (Docket No. 55).

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After reviewing the pleadings and the pertinent law, the court DENIES Plaintiff’s motion for

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reconsideration.

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In its prior opinion and order, the court held Plaintiff did not include sufficient factual

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allegations as to each defendant’s participation. The court stands by its prior ruling. In Soto-Torres

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v. Fraticelli, the First Circuit held that the plaintiff’s statement that the defendant “participated in

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or directed the constitutional violation . . .” was insufficient to survive a motion to dismiss because

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it “provided no facts to support either that he participated in’ or ‘directed’ the alleged violations).

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654 F.3d 153, 159 (1st Cir. 2011). In Penalbert-Rosa v. Fortuno-Burset, the First Circuit found the

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plaintiff’s allegations to be threadbare and speculative and therefore insufficient to bring a complaint

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within the realm of plausibility. 631 F.3d at 595. The only allegation against the defendants was that

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they “participated” or “approved” of the firing, but did not include factual explanation whatsoever.

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In its motion for reconsideration, Plaintiff cites to Ocasio v. Hernandez to show her

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complaint includes sufficient allegations. Unlike Soto-Torres and Penalbert-Rosa, the complaint in

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Ocasio includes “well-pleaded factual allegations that detail each of [the] defendants’ level of

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personal involvement in and familiarity with the plaintiffs’ terminations.” 640 F.3d 1, 16 (1st Cir.

Dockets.Justia.com

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Civil No. 12-1927 (GAG)

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2011). In the instant case, the court finds that Plaintiff did not include sufficient factual allegations

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as to each defendant’s participation.

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Conclusion

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For the reasons set forth above, the court DENIES Plaintiff’s motion for reconsideration.

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SO ORDERED.

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In San Juan, Puerto Rico this 7th day of August, 2013.

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s/ Gustavo A. Gelpí

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GUSTAVO A. GELPI

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United States District Judge

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