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Kelly A. Green v. American Federation of Labor and Congress of Industrial Organizations et al

September 12, 2011

KELLY A. GREEN, PLAINTIFF,
v.
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Re Document No.: 30

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S MOTION FOR RELIEF UPON RECONSIDERATION

I. INTRODUCTION

This matter comes before the court on the pro se plaintiff's motion for relief upon reconsideration of this court's order granting summary judgment to the defendants. The plaintiff now claims that the defendants made false representations constituting fraud under Federal Rule of Civil Procedure 60(b)(3). Because the plaintiff fails to provide any evidence to support his claim, and does not address how these alleged misrepresentations interfered with his ability to present his case fully and fairly, the court denies his motion.

II. FACTUAL & PROCEDURAL BACKGROUND

In May 2005, the plaintiff filed a formal complaint with the D.C. Office of Human Rights asserting that his employer, the American Federation of Labor and Congress of Industrial Organizations ("AFL-CIO"), had wrongfully discharged him from his job as a cook/server. Compl. 2, 6, 40. The administrative complaint alleged discrimination and retaliation by the AFL-CIO and Mark Zobrisky, the plaintiff's supervisor, pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq., and the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq. Compl. ¶ 6.

According to the defendants, the plaintiff was terminated from his position for allegedly failing to comply with the AFL-CIO's absence reporting requirements. Defs.' Statement of Material Facts Not In Dispute ("Defs.' Statement") ¶ 12. The plaintiff, however, maintains that he complied with all relevant absence reporting guidelines. See generally Compl.; Pl.'s Mot. for Summ. J.; Pl.'s Resp. to Defs.' Statement Parts I & II.

The plaintiff's employment was covered by a collective bargaining agreement ("CBA") between the AFL-CIO and Local 25, a local union.*fn1 Defs.' Statement ¶ 4. The CBA provided for a grievance procedure culminating in final and binding arbitration as the exclusive method for resolving disputes between the AFL-CIO and members of Local 25. Defs.' Mot. for Summ.

J., Decl. of Karla Garland, AFL-CIO Executive Assistant to the Secretary-Treasurer ("Garland Decl."), Ex. 1. Thus, along with filing a formal complaint with the D.C. Office of Human Rights, the plaintiff also filed a grievance under the CBA, which gave rise to an arbitration proceeding. Defs.' Statement ¶ 13; see generally Pl.'s Compl.

During the arbitration, the parties entered into a settlement agreement in October 2005, which awarded the plaintiff $10,365 in exchange for his releasing the AFL-CIO and its employees "from all claims of any nature -- including but not limited to such for loss of wages, gratuities or fringe benefits -- that relate to or arise out of his employment with or separation from the [AFL-CIO]." Defs.' Statement ¶ 14; Garland Decl., Ex. 5 ("settlement agreement"). The settlement agreement further stated that it constituted the "full and complete settlement of all claims which were or could have been brought pursuant to any statutory or common law with regard to the [plaintiff's] separation from employment with the [AFL-CIO] or that could have been brought under the [CBA]." Id. ¶ 4.

Despite entering into this agreement, the plaintiff subsequently filed a complaint in this court alleging that the defendants violated Title VII and the ADA, breached their employment contract with the plaintiff and Local 25, negligently and intentionally inflicted emotional distress on the plaintiff and wrongfully terminated him. See Compl. ¶¶ 36-60. The parties then filed cross-motions for summary judgment. See Defs.' Mot. for Summ. J.; Pl.'s Mot. for Summ. J. In its September 2009 memorandum opinion, the court concluded that under the terms of the settlement agreement, the plaintiff had "validly waived his right to bring the claims in his complaint." Mem. Op. (Sept. 28, 2009) at 8. The court thus granted summary judgment to the defendants, and denied the plaintiff's summary judgment motion. Id. at 10. The plaintiff appealed this holding in May 2010, but the Circuit affirmed this court. Green v. Am. Fed'n of Labor and Cong. of Indus. Org. et al., 2010 WL 2160003, at *1 (D.C. Cir. 2010).

In September 2010, the plaintiff filed a motion seeking relief from judgment under Federal Rule of Civil Procedure 60(b)(3). See generally Pl.'s Mot. With that motion now ripe for review, the court turns to the ...


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