Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. Dalton

United States District Court, D. Columbia

December 7, 2015

Victor Ivy Brown, Plaintiff,
v.
John H. Dalton, Secretary of the Navy, Defendant

          VICTOR IVY BROWN, Plaintiff, Pro se, Wilmington, DE.

         For JOHN DALTON, Defendant: Scott Sutherland Harris, LEAD ATTORNEY, U.S. SUPREME COURT, Washington, DC; William Mark Nebeker, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC; Mary Lou Leary, U.S. ATTORNEY'S OFFICE, Washington, DC.

Page 240

         MEMORANDUM OPINION

         COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.

         Presently before the Court is pro se Plaintiff's [25] Motion to Amend Settlement Agreement. Upon consideration of the pleadings,[1] the relevant legal authorities, and the record as a whole, the Court DENIES Plaintiff's [25] Motion to Amend Settlement Agreement.

         I. BACKGROUND

         In May 1997, Plaintiff, Victor I. Brown filed the above-entitled action against Defendant, the Secretary of the Navy, alleging

Page 241

employment discrimination with regard to his non-selection for a position advertised by the Department of the Navy in 1989. Pl.'s Mot. at 8. In April 1998, Plaintiff and Defendant agreed to settle the above-entitled action. See Stipulation for Compromise Settlement, ECF No. [24]; Pl.'s Mot, ECF No. [25], at Appendix 1 (the " Settlement Agreement" ). Under the Settlement Agreement, Defendant agreed to promote Plaintiff to the level of GS-12 as of February 24, 1991, and pay $3,765.00 to Plaintiff as back pay. See id. ¶ 2. In return, Plaintiff accepted that the promotion and payment of back pay constituted the " full settlement and satisfaction of any and all claims, demands, and causes of action of whatsoever kind and nature based upon his former employment with the Department of the Navy, including but not limited to the claims asserted in this cause of action." Id. ¶ 3. Judge Ricardo M. Urbina approved the Settlement Agreement in a Stipulated Order dated April 30, 1998. See Stipulation for Compromise Settlement, ECF No. [24]; Pl.'s Mot, ECF No. [25], at Appendix 1.

         On June 8, 2015, Plaintiff filed the present [25] Motion to Amend Settlement Agreement under Fed.R.Civ.P. 60(b). Plaintiff's motion is the first activity in this case since Judge Urbina approved the Settlement Agreement in April of 1998.

         On July 27, 2015, the case was reassigned to the undersigned Judge from Judge Ricardo M. Urbina. On October 13, 2015, the Court entered an Order, noting that it had appeared that Court no longer had correct contact information for the attorneys who were to be noticed on behalf of Defendant. See Order (Oct. 13, 2015), ECF No. [28], at 1. The Court ordered that the Clerk of the Court mail a copy of Plaintiff's motion to the Chief of the Civil Division in the U.S. Attorney's Office for the District of Columbia. Id. at 2. The Court further ordered that Defendant file a response to Plaintiff's motion within 30 days, on or before, November 12, 2015. Id.

         In accordance with the Court's order, Defendant filed its opposition on November 12, 2015. See Def.'s Mem. in Opp'n to Pl.'s Motion, ECF No. [29].[2] Plaintiff filed his reply on November 23, 2015. See Pl.'s Repl, ECF No. [30]. Plaintiff's motion is now ripe for adjudication.

         II. LEGAL STANDARD

         Plaintiff requests relief under Rule 60(b)(3), (5), and (6). These provisions provide in relevant part as follows:

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.