USCA1 Opinion

[NOT FOR PUBLICATION]

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS
______________________________
FOR THE FIRST CIRCUIT
FOR THE FIRST CIRCUIT
_____________________
____________________
No. 92-2423
TERESA J. ROBLETO,
Plaintiff, Appellee,
v.
GUILLERMO BUCH RODRIGUEZ, ET AL.,
Defendants, Appellants.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Anthony J. Castellanos, U.S. Magistrate Judge]
_____________________
_____________________

Before
Torruella, Selya and Cyr, Circuit Judges.
______________
_____________________
Ciro A. Betancourt and Eduardo A. Betancourt on
___________________
______________________
appellants.

brief for

Juan A. Lopez-Conway
_____________________
appellee.

brief for

and Calvesbert & Brown on

___________________

____________________
June 11, 1993
____________________

Per Curiam.
Per Curiam.
__________
this

debt-collection

thereafter held
consent
hearing.

of

the
The

The district

action,

an evidentiary
parties,

Fed.

R.

hearing to

a magistrate

magistrate made

judgment accordingly.

see
___

court entered a

extensive

Defendants appeal.

Civ.

default in

55,

and

assess damages.

By

judge

P.

presided

findings and

at the

entered

Defendants do not challenge either the district court's

jurisdiction or
never

the entry

asked the

default or

district court

set it aside.

appeal relate to damages.

Int'l, Inc.,
___________

of the

982 F.2d

default; and,
to

vacate the

moreover, they
final entry

Thus, the only matters

of

cognizable on

See Goldman, Antonetti, Etc. v. Medfit

___ ________________________
______

686, 693 (1st

Cir. 1993)

(holding that,

upon an entry of default, the well-pleaded facts contained in the

complaint are

considered to have been proved and the defendants'

liability is deemed conclusively established); Brockton Sav. Bank

__________________
v. Peat, Marwick, Mitchell & Co., 771 F.2d 5, 13 (1st
_____________________________
(similar),

cert.
_____

denied, 475
______

U.S.

1018

Cir. 1985)

(1986); see
___

Charles A. Wright et al., Federal Practice & Procedure

____________________________

also
____

9A

2688 (2d

ed. 1983).

We have carefully reviewed the record, the magistrate's

findings,
principle.

and

the

parties'

in

light

of

this

basic

Doing so, we conclude that issues I and III represent

thinly-veiled attempts
that arises

briefs

from the

to undermine the confession

entry of default.1

Since

of liability

appellants, by

____________________
1For ease in reference, we adopt appellants'
the issues on appeal.
2

numbering

of

defaulting, allowed the clock to expire and forfeited their right

to contest liability,
consequences of

we cannot allow them to

an entry

of default by

skirt the condign

undertaking an

end run

after the final whistle.

Turning to appellants' evidentiary issues, we find them

meritless.

As to issue II, we

appellants'
States v.
______

right

of

Boylan, 898
______

cross-examination.
F.2d 230,

trial court's

broad discretion

examination),

cert.
_____

denied,
______

magistrate's circumscription of
examination

of

can see no improper limitation of

Robleto

could

See,
___

254-55 (1st
in

United
______

Cir.) (discussing

respect to

scope of

cross-

(1990).

The

the scope of appellants'

cross-

498

U.S.

not

849

have

created

unfairness because no liability issues were in

the default.

e.g.,
____

cognizable

contention due to

The truth was not open to cross-questioning but had

previously been established as a matter of law.

As to issue V, we do not think the testimony concerning

the check drawn to the order of Aquiles Marin violated the
evidence rule.
808 (1st Cir.
evidence

to

parol

See, e.g., Brennan v. Carvel Corp., 929 F.2d 801,

___ ____ _______
____________
1991) (holding that a court
elucidate

the significance,

may receive extrinsic

rather

than

vary or

contradict the
Rule

terms, of a

written instrument).

69(B) of the Puerto Rico

tit. 32,

App. IV

control in

any event,

Rules of Evidence, P.R. Laws Ann.

(1983), upon which

a federal court.

In

appellants rely,

See Ricciardi v.
___ _________

does not

Children's Hosp.
________________

Medical Center, 811 F.2d 18, 21 (1st Cir. 1987) ("In general, the
______________
Federal Rules [of

Evidence] apply to all cases

in the [federal]

district courts, including diversity cases.").

Issues

IV, VII, and IX depend on appellants' assertion

that the magistrate's findings are

evidence.

We disagree with this

law that, "[o]nce the entry of a

damage, the

trial judge,

(1st

assertion.

It is black

letter

default establishes the fact of

____

sitting without a

proceeding, has considerable

of damages."

contrary to the weight of the

jury in

latitude in determining

a Rule

55

the amount
______

Jones v. Winnepesaukee Realty, Inc.,

F.2d
,
_____
__________________________ ___
___

Cir. 1993) [No. 92-2151,

slip op. at

6].

This generous

_
standard

dictates the

result we

must reach.

In

each of

the

instances

highlighted

by

appellants,

the

record

reveals

an

adequate foundation for the magistrate's findings.

It would
rationale

serve

in greater

no useful

detail.

Pilots, Inc., 870 F.2d 746,

____________
an

appellate court

parties

know

magistrate

. .

need
.

canvassed

piecing

together

set out

with

and the

the

the

out

our

v. Sheepscot
_________

facts where

the proof

care

case is

evidentiary

precedential purpose.").
hint

See, e.g., DiMillo

___ ____ _______

inferences

matters

reasoning sufficiently;

to spell

750 (1st Cir. 1989) (explaining that

not

what

purpose

and

permits;

the

elaborated

his

so fact-specific

puzzle

would

It suffices to say that

of error, clear or otherwise.

"[t]he

that

serve

no

we discern no

See generally id. at 750-51

___ _________ ___

(holding that, when there are two supportable views of the proof,
the

factfinder's

erroneous);

choice

Irons v.
_____

between

FBI, 811
___

them

F.2d

(stating that, "[w]here the conclusions

cannot

681, 684

be

(1st Cir.

clearly

1987)

of the [trier] depend on

its

election among

conflicting

facts or

its

choice of

which

competing

inferences

appellate courts

to

draw

should defer

from

undisputed

to such

basic

facts,

fact-intensive findings"

unless they are wholly unsupported by the record).

The foregoing
issue

XI.2

exposition

That issue

attorneys'

deals

clears the

with the

cases where

magistrate's award

Puerto

Rico

law

supplies the

federal court

Leon Lopez v.
__________

Corporacion Insular de Seguros, 931

______________________________

losing

1991).

party

wasting

the
time

litigants unnecessary
magistrate
moreover,

made
by

must utilize

The rule

"ha[s]

litigious, beyond
thereby

of

It is settled that, "[i]n

decision, the

(1st Cir.

for

fees to the prevailing plaintiff under P.R. Laws Ann.

tit. 32, App. III, Rule 44.1(d)(1989).

diversity

decks, save

just

been

acceptable
and

such

the

court

book

and

He

verse

delaying tactics, frustration of discovery,

or stubbornly

and
Id.
___

finding.3

De
__

finding that

the

delay."

of

F.2d 116, 126

adamant
of

and
a

by a

demands

causing

expense

elucidating

[Rule 44.1(d)]."

is triggered
unreasonably

rule

litigation,
the

other

Here,

the

documented

it,

anent

appellants'

and failure to pay a

monetary sanction earlier imposed.

We

are

constrained

to

review

this

finding

"in

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2Issues VI and VIII are not accompanied by the slightest

shred of developed argumentation and are, therefore, deemed to
have been waived.
See United States v. Zannino, 895 F.2d 1, 17
___ _____________
_______
(1st Cir.), cert. denied, 494 U.S. 1082 (1990).
_____ ______
3Indeed,

the

magistrate

went a

step

further, explicitly

finding that appellants litigated in

too, is supportable on the record.

bad faith.

This finding,

deferential manner,
at

126-27.

using an abuse-of-discretion approach."

That ends the

challenged finding

passes muster

record, a conclusion
temerity

falls

discretion.

matter.

well

with flying

colors:

that appellants acted obstinately

within

the

realm

of

the

that the
on

this

and with

magistrate's

The award of counsel fees must, therefore, stand.4

We need go no further.
substantial

We are satisfied

Id.
___

question, we

Because this appeal presents no

summarily affirm

See 1st Cir. Loc. R. 27.1.

___

Affirmed. Double costs to appellee.

Affirmed. Double costs to appellee.
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the

judgment below.

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4Appellants challenge

only the fact

____

amount awarded.
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6

of the award,

not the