McCurdy v. Auburn University et al
Filing
78
OPINION AND ORDER, it is the ORDER, JUDGMENT, and DECREE of the court as follows:(1) The 63 judgment of dismissal is vacated and this case is reopened; (2) the defs' 65 motion to enforce settlement is granted; (3) All parties are enjoined an d restrained from failing to comply with the 76 settlement agreement and said settlement agreement is adopted as the order of the court; (4) Pursuant to the 76 settlement agreement, it is declared that defs are released and discharged from all of plfs claims as set forth in the settlement agreement; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed again. Signed by Honorable Judge Myron H. Thompson on 12/30/15. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
DOROTHY McCURDY,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
AUBURN UNIVERSITY,
et al.,
Defendants.
CIVIL ACTION NO.
3:14cv226-MHT
(WO)
OPINION AND ORDER
Plaintiff Dorothy McCurdy names Auburn University
and
several
of
its
employees
as
defendants.
She
charges that, on account of her race, the defendants
paid her less than other employees doing comparable
work, denied her a promotion, and subjected her to a
hostile-work environment, all in violation of Title VII
of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 1981a and 2000e through 2000e-17), and the Civil
Rights Act of 1866, as amended (42 U.S.C. § 1981).
This
court
has
jurisdiction
under
42
U.S.C.
§ 2000e-5(f)(3) (Title VII) and 28 U.S.C. § 1343(a)(3)
(civil rights).
The
cause
is
now
before
the
court
defendants’ motion to enforce settlement.
on
the
McCurdy, who
is now representing herself, opposes the motion.
For
the reasons below, the motion will be granted.
I. BACKGROUND
Seeking
assistance
McCurdy’s
then-counsel,
in
reaching
along
with
settlement,
counsel
for
defendants, made the court aware that they wanted to
participate
October
in
29,
the
2015,
court’s
a
mediation
United
States
program.
On
Magistrate
Judge
convened a settlement conference, and, after several
hours of mediation, the parties
settlement agreement.
reached an apparent
The magistrate judge then went
on the record to confirm the agreement.
McCurdy, her
then-counsel, and defense counsel were present in this
hearing.
Defense counsel explained the terms of the
settlement,
which
then-attorney
$ 60,000
and
included
would
that,
that
McCurdy
and
two
amounts
totaling
receive
in
turn,
the
defendants
receive a full and general release from McCurdy.
2
her
would
The
magistrate judge asked McCurdy if she agreed to those
terms, and she answered affirmatively.
judge
also
asked
McCurdy
if
The magistrate
she
felt
that
the
settlement agreement was in her best interests, and she
agreed.
On October 30, 2015, the
court then entered
an
order dismissing this case, albeit “with leave to any
party to file, within 49 days, a motion to have the
dismissal
settlement
set
aside
enforced,
and
the
should
case
the
consummated.” Order (doc. no. 63).
has
not
signed
the
settlement
reinstated
or
not
settlement
the
be
However, McCurdy
agreement
and
now
disputes that she agreed to it.
On
December
3,
2015,
within
the
49-day
period
allowed by the dismissal order, the defendants filed a
motion to enforce the settlement agreement.
At a hearing on the enforcement motion on December
9,
2015,
the
court
allowed
McCurdy’s
counsel
to
withdraw, and McCurdy proceeded to represent herself.
McCurdy and defense counsel then presented evidence and
argument to the court.
3
II. DISCUSSION
A
district
enforce
a
court
ordinarily
settlement
agreement
has
the
entered
litigation is pending before that court.
power
into
to
while
Stoudmire v.
U.S. Xpress, Inc., 2013 WL 1363484, at *2 (M.D. Ala.
2013)
(Thompson,
J.).
If
the
parties
reach
a
settlement and voluntarily dismiss the lawsuit, but a
subsequent
dispute
court
adjudicate
may
over
the
the
settlement
matter
only
arises,
if
the
the
prior
dismissal order expressly retained jurisdiction to do
so.
Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375,
381-82
(1994).
Here,
the
court’s
dismissal
order
expressly retained jurisdiction to set aside dismissal
and
resolve
any
motion
to
enforce
settlement
filed
within 49 days. The defendants’ motion was filed within
this time-frame.
In
determining
whether
a
valid,
enforceable
settlement has been reached by the parties, federal
courts have differed on the source of law to apply.
Courts have decided on some occasions that federal law
4
governs
and,
governs.
on
See
Paroles,
2013
other
Jowers
WL
occasions,
v.
Ala.
424726,
at
that
state
law
of
Pardons,
and
(M.D.
Ala.
Bd.
*1
2013)
(Thompson, J) (citing cases taking both approaches);
see also Gamewell Mfg., Inc. v. HVAC Supply, Inc., 715
F.2d 112, 113-16 (4th Cir. 1983) (same).
In this case,
“the court need not resolve which body of law applies”
because
the
settlement
between
McCurdy
and
the
defendants is enforceable under both federal law and
Alabama law. Jowers, 2013 WL 424726, at *1 (quotation
marks and citation omitted).
ALABAMA LAW: Under Alabama law, an attorney has the
authority to bind his client by a settlement agreement
if it is reduced to writing or put on the minutes of a
court proceeding.
See 1975 Ala. Code § 34-3-21; see
also Mays v. Julian LeCraw and Co., Inc., 807 So. 2d
551, 554 (Ala. Civ. App. 2001) (stating that “Section
34-3-21,
Ala.
enforcement
the
parties
undisputed
Code
of
1975,
settlement
at
that
the
a
governs
the
agreements
validity
reached
trial-court
level.”).
settlement
between
5
and
between
It
is
McCurdy’s
then-counsel and defense counsel
was entered on the
minutes
on-the-record
of
the
court
during
an
court
proceeding before the magistrate judge.
However, admittedly, if there was no meeting of the
minds before agreeing to the settlement agreement, that
is, if the parties did not “assent to the same thing
and in the same sense,” it could be argued that the
settlement agreement is not valid and therefore cannot
be enforced.
Allen v. Allen, 903 So. 2d 835, 840 (Ala.
Civ. App. 2004) (quoting Lilly v. Gonzalez, 417 So. 2d.
161, 163 (Ala. 1982).
Whether there was a meeting of
the minds “is determined by reference to the reasonable
meaning
actions.”
of
the
parties’
external
and
objective
Id. (quoting SGB Constr. Servs, Inc. v. Ray
Sumlin Constr. Co., 644 So. 2d. 892, 895 (Ala. 1994)).
Here, McCurdy contends that the settlement was only
a partial one, that is, that it did not cover all her
claims. She further maintains that, if her then-counsel
he did agree to settle all the claims, he failed to
notify her of that.
evidence,
and
so
The court is convinced from the
finds,
that
6
McCurdy
herself
fully
understood that all her claims were being resolved and
that she knowingly and voluntarily entered into the
agreement resolving all her claims.
was
a
full
meeting
of
the
minds
In short, there
not
only
between
McCurdy’s then-attorney and defense counsel but between
McCurdy herself and defense counsel.
During the proceeding before the magistrate judge,
defense counsel announced the settlement terms in the
presence of McCurdy.
The announcement did not include
any indication that the parties settled only some of
their claims and not all of them.
Defense counsel
stated,
“We’ve reached a settlement, Your
Honor. The dollar amount is $ 60,000.
$ 31,804 of that is designated as back
pay wages. Our agreement includes the
usual and standard terms, including a
full and general release, an agreement
not to rehire, and our usual terms.”
McCurdy Settlement Conference Tr. (doc. no. 64) at 2:22
thru
3:1.
After
defense
counsel
made
this
representation, the magistrate judge said to McCurdy,
“And Ms. McCurdy, you’ve heard the terms that [defense
counsel] has said.
You agree those are the terms of
7
the
settlement
agreement?”
responded, “Yes, sir.”
judge
then
said
to
Id.
at
3:6-8.
Id. at 3:6-9.
her,
“And
you
McCurdy
The magistrate
agree
that
this
settlement is in your best interest?” Id. at 3:10-11.
McCurdy replied, “Yes, sir.”
Id. at 3:12.
Then, at the conclusion of the hearing, and still
in
the
presence
magistrate
judge
of
McCurdy
instructed
and
the
all
counsel,
parties
to
ask
the
the
trial judge “to suspend any further action” in the case
and to notify the trial judge of the settlement and
“dismissal of the case.” McCurdy Settlement Conference
Tr. (doc. no. 64) at 3:20-25.
McCurdy did not object
when she heard that.
The
only
McCurdy’s
actions
is
reasonable
and
that
her
they
meaning
one
then-attorney’s
fully
can
draw
from
statements
and
understood
that
she
was
entering into a settlement agreement on all claims.
This notion of a partial settlement is nowhere to be
found in the recorded proceedings before the magistrate
judge; it is nothing more than a belated effort by
McCurdy to get out of the settlement to which she and
8
her
then-attorney
fully,
voluntarily,
and
knowingly
agreed.
McCurdy is therefore required to comply with the
settlement by not only her then-attorney’s actions but
her own.
FEDERAL
LAW:
The
settlement
is
also
enforceable
under federal law, which requires only that settlement
agreements “be entered into voluntarily and knowingly”
by the plaintiff.”
Fulgence v. J. Ray McDermott & Co.,
662 F.2d 1207, 1209 (5th Cir. Dec. 7, 1981).*
voluntariness,
McCurdy
was
there
coerced
is
into
no
evidence
settling
whatsoever
this
case.
As to
that
And,
while McCurdy contends that she did not know that she
was settling the entire case, the court is convinced
otherwise for the reasons set forth above.
*
The Eleventh Circuit has adopted as precedent
all decisions of the former Fifth Circuit rendered
prior to October 1, 1981, and all Former Fifth Circuit
Unit B and non-unit decisions rendered after October 1,
1981. See Stein v. Reynolds Secur., Inc., 667 F.2d 33,
34 (11th Cir. 1982); Bonner v. City of Prichard, 661
F.2d 1206, 1207 (11th Cir. 1981) (en banc).
9
* * *
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court as follows:
(1) The
judgment
of
dismissal
(doc.
no.
63)
is
vacated and this case is reopened.
(2) The defendants’ motion to enforce settlement
(doc. no. 65) is granted.
(3) All parties are enjoined and restrained from
failing to comply with the settlement agreement (doc.
no. 76) and said settlement agreement is adopted as the
order of the court.
(4) Pursuant to the settlement agreement (doc. no.
76), it is declared that defendants are released and
discharged from all of plaintiff’s claims as set forth
in the settlement agreement (doc. no. 76).
The clerk of the court is DIRECTED to enter this
document
on
the
civil
pursuant
to
Rule
58
of
docket
the
Procedure.
10
as
a
Federal
final
Rules
judgment
of
Civil
This case is closed again.
DONE, this the 30th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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