Okocha v. Brigham & Woman ( 1996 )

USCA1 Opinion

          April 4, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 95-1977



                                   BROWN N. OKOCHA,



                                Plaintiff, Appellant,



                                          v.



                             BRIGHAM & WOMEN'S HOSPITAL,



                                 Defendant, Appellee.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. Robert E. Keeton, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                            Cyr and Stahl, Circuit Judges.
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            Brown N. Okocha on brief pro se.
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            Richard P. Ward, Bonnie  B. Edwards and Ropes  & Gray on brief for
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        appellee.





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                 Per  Curiam.   We have  carefully reviewed  the parties'
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            briefs  and  district  court record  and  find  no reason  to



            disturb the  summary judgment entered in  favor of defendant.



                 Contrary to  plaintiff's contention, the  district court



            properly  struck plaintiff's  statement of  undisputed facts,



            because  it  contained  no   references  to  any   supporting



            documents and it was not responsive to defendant's statement.



            District  Court Loc.  R. 56.1;  see, e.g.,  Rand  v. M/A-Com,
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            Inc., 824 F. Supp. 242,  266 (D.Mass. 1992).  As a result, the
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            facts in defendant's statement were deemed admitted.



                 It  follows  that  summary  judgment  for  defendant was



            appropriate  because there  was no  genuine  issue as  to any



            material fact  and defendant  was entitled  to judgment  as a



            matter of law.  Fed. R. Civ. P. 56(c).  Specifically,  as the



            district court found, plaintiff did not sustain his burden to



            present a  prima facie case of  discrimination, whether under



            the  federal  standard  or  the  less rigorous  Massachusetts



            standard.    He presented  no  admissible  evidence that  his



            failure  to fulfill  the off-shifts  requirement was  not the



            real reason for his termination or  that other employees were



            treated  more  favorably.   See  McDonnell  Douglas Corp.  v.
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            Green,  411  U.S.  792,  802-05 (1973);  Mesnick  v.  General
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            Electric  Co., 950  F.2d  816,  823  (1st Cir.  1991),  cert.
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            denied, 504 U.S. 985 (1992); Blare v. Husky Injection Molding
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            Systems Boston, Inc., 419 Mass. 437, 443, 646 N.E.2d 111, 116
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                                         -3-



























            (1995).  Plaintiff's contrary theories about the cause of his



            termination were not supported by any admissible evidence.



                 Affirmed.  Loc. R. 27.1.
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