Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Velez v. Awning Windows, Inc.

United States Court of Appeals for the First Circuit
375 F.3d 35 (1st Cir. 2004)


Velez (plaintiff) brought an employment discrimination lawsuit against Awning Windows, Inc. (AWI) (defendant). Throughout the pre-trial phase of the proceeding, AWI repeatedly filed for extensions, missed court-imposed deadlines, and “dragged their feet from the very inception of the action.” Specifically, after Velez filed a motion for summary judgment, AWI missed its deadline for filing an opposition, got another deadline from the district court, and instead of filing its opposition on the new deadline, filed a motion for another extension. The motion merely provided reasons why the extension should be granted and otherwise did not contain the elements of a proper motion under Rule 56(f) of the Federal Rules of Civil Procedure. The district court, after being fairly lenient with AWI throughout the proceeding, disregarded AWI’s late opposition to the motion for summary judgment and took Velez’s statements of facts in the motion as true. In addition, after AWI also failed to respond to the district court’s request for a legal memorandum on a hearsay issue, the court precluded the testimony as a sanction for the failure to respond. AWI appealed.

Rule of Law


Holding and Reasoning (Selya, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 373,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial