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Fehrman v. Loomis, Fargo & Co.

Citation: 44 F. App'x 270Docket: No. 01-15889; D.C. No. CV-98-01170-PMP/LRL

Court: Court of Appeals for the Ninth Circuit; August 16, 2002; Federal Appellate Court

Narrative Opinion Summary

Kenneth L. Fehrman appeals pro se the district court’s order that granted the defendants' motion to enforce a settlement agreement in his Title VII action. The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the case for abuse of discretion. The court affirmed the district court's ruling, determining that an enforceable settlement agreement had been reached by the parties, citing relevant case law. Fehrman’s additional arguments were deemed meritless. The appellees' motion to dismiss the appeal was denied as moot. The decision is affirmed, and the disposition is not suitable for publication or citation in this circuit, except as allowed by Ninth Circuit Rule 36-3.

Legal Issues Addressed

Enforcement of Settlement Agreements

Application: The court affirms that a settlement agreement is enforceable, supporting the district court's decision based on the agreement reached by the parties.

Reasoning: The court affirmed the district court's ruling, determining that an enforceable settlement agreement had been reached by the parties, citing relevant case law.

Jurisdiction of Appellate Courts

Application: The appellate court has the authority to review district court decisions under 28 U.S.C. § 1291.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the case for abuse of discretion.

Mootness of Motions in Appellate Proceedings

Application: The appellees' motion to dismiss the appeal is considered moot due to the affirmation of the district court's decision.

Reasoning: The appellees' motion to dismiss the appeal was denied as moot.

Publication and Citation Restrictions

Application: The court's decision is not appropriate for publication or citation within the circuit, adhering to specific rules regarding unpublished dispositions.

Reasoning: The decision is affirmed, and the disposition is not suitable for publication or citation in this circuit, except as allowed by Ninth Circuit Rule 36-3.

Standard of Review - Abuse of Discretion

Application: The appellate court reviews the district court's decision for abuse of discretion and finds no such abuse in enforcing the settlement agreement.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the case for abuse of discretion.