Dora L. Bonner v. Triple S Management Corporation, et al.

Introduction The Court of Appeals upheld grant of summary judgment for Respondents on Plaintiff ’s claims for RICO violations and state law claims of Breach of Contract, Fraud and Breach of Fiduciary Duty. The court erred in upholding the district court’s grant of summary judgment on Respondents merits defense based on affidavits only. The appeals court also erred in upholding the district court’s denial of Motion to Compel answers to discovery and Motions for additional time for discovery from both Plaintiff and Respondents. Under U.S. Supreme Court’s authority, summary judgment does not permit weighing of evidence and Plaintiff must have an adequate time for discovery. I. Did the First Circuit Court of Appeals error in granting summary judgment to both Triple-S Management Corporation and Triple-S Vida based solely on a single merits defense claim? II. Did the First Circuit Court of Appeals error by deciding on the admissibility of nonmovants’ evidence before determining if there was a genuine issue of material fact, and subsequently, weighing the evidence thus causing a conflict in the Circuit Courts? III. Did the Circuit Court of Appeals error in failing to consider whether Bonner had enough time to complete discovery before it upheld the District Court’s grant of summary judgment, despite incomplete discovery and requests from all parties to extend the discovery period evidencing a split between the circuit courts.