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  • Sanchez-Valdes v. Baco, 1st Cir. (1993)

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    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's action based on an agreed upon settlement. The appellate court found that the plaintiff waived any argument that the terms of the settlement as presented by the defendants were incorrect, as the plaintiff did not oppose the defendant's motion to enforce the settlement or request an evidentiary hearing. The appellate court also determined the plaintiff waived any argument that his counsel was not authorized to settle the case, as this argument was not presented to the lower court. Given the plaintiff's silence and failure to clearly explain his challenge, the appellate court found no reason to disturb the district court's judgment.

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    Filed: 1993-08-11 Precedential Status: Precedential Docket: 93-1332

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    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's action based on an agreed upon settlement. The appellate court found that the plaintiff waived any argument that the terms of the settlement as presented by the defendants were incorrect, as the plaintiff did not oppose the defendant's motion to enforce the settlement or request an evidentiary hearing. The appellate court also determined the plaintiff waived any argument that his counsel was not authorized to settle the case, as this argument was not presented to the lower court. Given the plaintiff's silence and failure to clearly explain his challenge, the appellate court found no reason to disturb the district court's judgment.

    Copyright:

    Public Domain
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    2 views3 pages

    Sanchez-Valdes v. Baco, 1st Cir. (1993)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirmed the district court's dismissal of the plaintiff's action based on an agreed upon settlement. The appellate court found that the plaintiff waived any argument that the terms of the settlement as presented by the defendants were incorrect, as the plaintiff did not oppose the defendant's motion to enforce the settlement or request an evidentiary hearing. The appellate court also determined the plaintiff waived any argument that his counsel was not authorized to settle the case, as this argument was not presented to the lower court. Given the plaintiff's silence and failure to clearly explain his challenge, the appellate court found no reason to disturb the district court's judgment.

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    of 3

    USCA1 Opinion

    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.
    __________
    after

    The

    district court dismissed

    determining that

    settlement.

    plaintiff had

    orally agreed

    upon a

    Plaintiff has appealed.

    Plaintiff's brief does


    challenge.

    this action

    not clearly explain

    plaintiff's

    If plaintiff's argument is that the terms of the

    settlement as

    represented by

    the

    actually

    parties

    conference, we conclude
    Plaintiff neither

    timely

    defendants were not

    agreed

    upon

    at

    the

    settlement

    plaintiff has waived that


    opposed defendants'

    the terms

    argument.

    June 3,

    1992

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


    the settlement

    agreement

    attached to

    defendants'

    motion),

    requested an evidentiary
    of the court's June

    hearing, nor sought reconsideration

    22, 1992 order which concluded

    agreed upon settlement

    terms were as stated

    that the

    by defendants.

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


    settle

    the

    plaintiff's

    case, this
    failure

    argument,

    to

    plaintiff's silence below,

    present

    too, has
    it

    below.

    coupled with his

    appellate brief, we see no basis


    court's judgment.
    Affirmed.
    ________

    -2-

    been
    In

    waived by
    view

    of

    vaguely phrased

    for disturbing the district

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