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Sylvio Baltodano v. Merck, Sharp & Dohme (I.A

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Before Lipez, Leval, *fn1 and Thompson, Circuit Judges.

THOMPSON, Circuit Judge. Sylvio Baltodano says he was unjustly fired for minor infractions as a pretense for his supervisor’s discriminatory attitude toward non-Puerto Ricans. He also claims he was discharged without just cause and in breach of contract, even if discriminatory animus toward non-Puerto Ricans did not motivate his termination. On an incomplete record, the district court disagreed, granting summary judgment in favor of defendants Merck, Sharp, and Dohme Corporation and Nilda Vazquez, the allegedly discriminatory supervisor. Baltodano asks that we find the district court’s grant of summary judgment premature due to Merck’s failure to participate fully in the discovery process. After sifting through arguments and evidence, we agree that the case was not ripe for summary judgment and remand.

The evidence, viewed in the light most favorable to Baltodano, could support the following facts. See Galera v. Johanns, 612 F.3d 8, 10 n.2 (1st Cir. 2010).

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