Opinion

Brown v. NexTier Completion Solutions

Court
Court of Appeals for the Fifth Circuit
Filed
Apr 20, 2023
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 23.1%

The opinion

Case: 22-20501 Document: 00516719767 Page: 1 Date Filed: 04/20/2023

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

April 20, 2023

No. 22-20501

Lyle W. Cayce

Clerk

Kelvin D. Brown,

Plaintiff—Appellant,

versus

NexTier Completion Solutions Incorporated,

Defendant—Appellee.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:21-CV-2892

Before Jolly, Jones, and Ho, Circuit Judges.

Per Curiam:*

Plaintiff-Appellant Kelvin D. Brown appeals the district court’s order

dismissing his case with prejudice. The dismissal was entered pursuant to his

signed and executed settlement agreement and release. Because Brown

voluntarily settled his case, we dismiss this appeal for lack of jurisdiction.

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-20501 Document: 00516719767 Page: 2 Date Filed: 04/20/2023

No. 22-20501

I.

In March of 2021, Brown brought this action pro se in Texas state

court. He challenged his employment termination by Defendant-Appellant

NexTier, claiming race discrimination under Title VII of the Civil Rights Act

of 1964. NexTier removed the case to federal court, asserting federal

question jurisdiction. Soon thereafter, the parties began protracted

settlement discussions.

After several months of negotiations, the parties reached a settlement

agreement. The settlement agreement provided: (1) that Brown agreed to a

full and final release of all claims against NexTier; (2) that in exchange for

Brown’s release, NexTier would pay Brown $30,000; (3) that the agreement

was executed knowingly and voluntarily by both parties; (4) that Brown made

the knowing and voluntary choice to proceed pro se; and (5) that the parties

would stipulate to dismissal of Brown’s claims with prejudice.

Brown signed and returned the settlement agreement to NexTier.

NexTier notified the district court of the settlement, and of a joint stipulation

of dismissal that the parties intended to file. The district court entered an

order dismissing the lawsuit without prejudice to the right of counsel to move

for reinstatement of the case within ninety days if the terms of the settlement

were not fulfilled. NexTier then paid Brown the $30,000 as promised, which

Brown accepted. Brown, however, refused to stipulate to a dismissal.

Nevertheless, having found that the settlement agreement resolved the

dispute between the parties, the district court dismissed Brown’s claims with

prejudice as fully settled on the merits.

Brown appealed the dismissal of this case, contending that he did not

voluntarily execute the settlement agreement and release but did so under

duress.

2

Case: 22-20501 Document: 00516719767 Page: 3 Date Filed: 04/20/2023

No. 22-20501

II.

We can dispose of this appeal rather quickly. “Generally[,] settlement

of a dispute between two parties renders moot any case between them

growing out of that dispute.” John Doe # 1 v. Veneman, 380 F.3d 807, 814 (5th

Cir. 2004) (quoting ITT Rayonier Inc. v. United States, 651 F.2d 343, 345 (5th

Cir. Unit B July 1981)). In the appeal before us, all disputes between the

parties to the underlying litigation have been settled. NexTier has tendered

its consideration ($30,000) in exchange for Brown’s release and waiver of all

claims related to his employment at NexTier. Brown accepted, as

consideration, the $30,000 payment. Brown, however, failed to honor his

obligations under the agreement by refusing to stipulate to dismissal.

Nevertheless, it was within the district court’s inherent power to enforce the

satisfied settlement agreement by dismissing Brown’s claims. Seattle-First

Nat’l Bank v. Manges, 900 F.2d 795, 800 (5th Cir. 1990). Accordingly, the

settlement agreement, including the acceptance of the $30,000 by Brown

(which has not been returned) ended the dispute and thus this appeal is moot.

In re S. L. E., Inc., 674 F.2d 359, 364 (5th Cir. 1982).

To be sure, Brown argues that he did not voluntarily execute the

settlement agreement, thereby rendering the agreement invalid. But “[e]ven

if a release is tainted by misrepresentation or duress, it is ratified if the

releasor retains the consideration after learning that the release is voidable.”

Williams v. Phillips Petroleum Co., 23 F.3d 930, 937 (5th Cir. 1994). Here, as

noted, Brown has retained the consideration he received from NexTier.

Thus, Brown has ratified the release and has no basis to support that the

settlement agreement was executed involuntarily. See id.; Jarallah v. Sodexo,

Inc., 452 F. App’x. 465, 468 (5th Cir. 2011) (per curiam).

3

Case: 22-20501 Document: 00516719767 Page: 4 Date Filed: 04/20/2023

No. 22-20501

As there is no justiciable dispute between the parties to this appeal,

this court lacks jurisdiction to entertain the appeal. Accordingly, the appeal

is

DISMISSED.

4

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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