Cossette v. U.S. Department of Agriculture , 297 F. App'x 13 ( 2008 )


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  •                Not for Publication in West's Federal Reporter
    United States Court of Appeals
    For the First Circuit
    No. 08-1245
    PAUL H. COSSETTE,
    Plaintiff, Appellant,
    v.
    U.S. DEPARTMENT OF AGRICULTURE,
    Defendant, Appellee.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF NEW HAMPSHIRE
    [Hon. Paul J. Barbadoro,         U.S. District Judge]
    Before
    Lynch, Chief Judge,
    Torruella and Boudin, Circuit Judges.
    Paul H. Cossette on brief pro se.
    T. David Plourde, Assistant U.S. Attorney, and Thomas P.
    Colantuono, United States Attorney, on brief for appellee.
    October 27, 2008
    Per Curiam.    Appellant Paul H. Cossette has appealed the
    grant of summary judgment in favor of the U.S. Dept. of Agriculture
    (USDA) on Cossette's claim that the USDA failed to hire him due to
    age discrimination in violation of the Age Discrimination in
    Employment Act, 
    29 U.S.C. § 621
     et seq.             We review, de novo, the
    district court's grant of summary judgment.               Arroyo-Audifred v.
    Verizon Wireless, Inc., 
    527 F.3d 215
    , 217 (1st Cir. 2008) (reciting
    standard of review).
    Upon de novo review, we affirm, essentially for the
    reasons stated in the district court's opinion.                   Cossette v.
    Johanns, 
    525 F.2d 242
     (D. N.H. 2007).           We need only briefly address
    here Cossette's appellate claims.             Despite Cossette's insistence
    that   the   "specialized    experience"       required   was   restricted   to
    financially-based experience, the record supports the legitimacy of
    the    USDA's   interpretation     of     its     "specialized     experience"
    qualification to require the particular knowledge, skills, and
    abilities that is typically in or related to the natural resources
    associated with the position sought.            As Cossette did not possess
    this specialized experience, he was not qualified for the position
    and,   thus,    did   not   make   out    a     prima   facie    case   of   age
    discrimination. See Arroyo-Audifred v. Verizon Wireless, Inc., 
    527 F.3d at 219
     (setting out what constitutes a prima facie case).
    And, since Cossette did not make out a prima facie case of age
    discrimination, Cossette's complaint that the district court failed
    -2-
    to address his argument of disparate treatment is misplaced.                  See
    Prescott v. Higgins, 
    538 F.3d 32
    , 40-41 (1st Cir. 2008) (a claim of
    disparate treatment is legally insufficient if claimant not able to
    meet prima facie burden of showing that he is qualified for the
    position).
    Finally, the district court did not abuse its discretion
    in denying either Cossette's motion for reconsideration or his
    motion to amend that motion for reconsideration.                Ruiz Rivera v.
    Pfizer Pharmaceuticals, LLC, 
    521 F.3d 76
    , 81 (1st Cir.) (reciting
    standard of review), petition for cert. filed, 
    77 U.S.L.W. 3001
    (Jun. 19, 2008).            In seeking reconsideration, Cossette simply
    restated arguments that the court had already properly rejected and
    in   seeking    to    amend    that   motion     Cossette   sought    to   proffer
    documents that were neither newly discovered nor, in any event,
    created a genuine issue of material fact as to whether Cossette was
    qualified for the position.           See U.S. Steel v. M. DeMatteo Const.
    Co.,   
    315 F.3d 43
    ,     52   (1st   Cir.   2002)   (documents    in   one's
    possession, even if unreviewed, do not constitute newly discovered
    evidence).
    The judgment of the district court entered on December 4,
    2007 is affirmed.
    -3-
    

Document Info

Docket Number: 08-1245

Citation Numbers: 297 F. App'x 13

Judges: Boudin, Lynch, Per Curiam, Torruella

Filed Date: 10/27/2008

Precedential Status: Precedential

Modified Date: 8/3/2023