Badaiki v. Schlumberger Holdings

CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 8, 2023
Docket22-20071
StatusUnpublished

This text of Badaiki v. Schlumberger Holdings (Badaiki v. Schlumberger Holdings) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Badaiki v. Schlumberger Holdings, (5th Cir. 2023).

Opinion

Case: 21-20628 Document: 00516995600 Page: 1 Date Filed: 12/08/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 8, 2023 No. 21-20628 Lyle W. Cayce ____________ Clerk

Fidelis Johnson Badaiki,

Plaintiff—Appellant,

versus

Cameron International Corporation,

Defendant—Appellee,

consolidated with _____________

No. 22-20071 _____________

Schlumberger Holdings Corporation; Schlumberger Limited; Schlumberger Technology Corporation; Cameron International Corporation; Paal Kibsgaard; Olivier Le Peuch; Steve McKenzie; Jamilah Cummings; Marisa Henning; John Corkhill; Nathan Cooper; Ray Arbor; Jay Jurena; Ed Gaude; Henry Weissenborn,

Defendants—Appellees. Case: 21-20628 Document: 00516995600 Page: 2 Date Filed: 12/08/2023

______________________________

Appeal from the United States District Court for the Southern District of Texas USDC Nos. 4:19-CV-371, 4:20-CV-2216 ______________________________

Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:* Appellant Fidelis Johnson Badaiki worked for Appellee Cameron International Corporation, a wholly owned subsidiary of Appellee Schlumberger Holdings Corporation, from 2007 to 2016. After Badaiki was laid off, he initiated three lawsuits in state court against Cameron, Schlumberger, and individuals associated with the company. Appellees removed two of the cases to federal court. The district court dismissed both suits after determining that the parties entered into a binding settlement agreement under which Badaiki agreed to dismiss “all claims” against Cameron and Schlumberger in “all cases” in exchange for defendants’ agreement to forgo attorneys’ fees in those actions. Badaiki, proceeding pro se, now appeals the district court’s dismissal of these cases. We find that the parties entered into a binding settlement agreement which moots all issues on appeal. We dismiss the cases for lack of Article III jurisdiction. I. Appellee Cameron International Corporation is an oil and gas company that is wholly owned by Appellee Schlumberger Holdings Corporation. In 2007, Cameron hired Appellant Badaiki as a senior designer

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

2 Case: 21-20628 Document: 00516995600 Page: 3 Date Filed: 12/08/2023

No. 21-20628 c/w No. 22-20071

for its Drilling Systems unit out of Houston, Texas, but Badaiki was laid off on March 3, 2016. A. On December 12, 2018, Badaiki sued Cameron in Texas state court, asserting claims of unlawful retaliation and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 (“Badaiki I”).1 Cameron removed the case to federal court. Cameron and Badaiki later filed cross motions for summary judgment. The motions were referred to a magistrate judge who recommended the district court grant Appellees’ motion for summary judgment. On November 26, 2021, the district court adopted the magistrate judge’s recommendations and granted summary judgment to Cameron. Badaiki appealed the order on November 30, 2021 but also filed a motion to amend the judgment pursuant to Federal Rule of Civil Procedure 59 on December 10, 2021. B. While Badaiki I was pending, Badaiki filed a second suit in state court on February 28, 2020, which was removed to federal court (“Badaiki II”).2 After Appellees moved to dismiss Badaiki’s amended complaint, the magistrate judge recommend the district court grant Appellees’ motion. The

_____________________ 1 Badaiki’s original complaint named Cameron International Corporation and Schlumberger Company as defendants. Cameron moved to dismiss Badaiki’s complaint on the basis that his claims were time-barred. The district court granted the motion in part and dismissed all claims “concerning acts or omissions committed by Cameron that precede February 25, 2016,” as well as all claims against defendant Schlumberger Company. 2 Badaiki amended his petition on or around June 8, 2020, and again on July 21, 2020. As amended, Badaiki asserted claims against fourteen defendants, including: (1) Schlumberger Holdings Corporation; (2) Schlumberger Limited; (3) Schlumberger Technology Corporation; (4) Cameron; and (5) ten individuals associated with the companies.

3 Case: 21-20628 Document: 00516995600 Page: 4 Date Filed: 12/08/2023

district court adopted the recommendations and dismissed Badaiki’s claims with prejudice on November 26, 2021. On December 23, 2021, Badaiki moved to amend the judgment. Before the district court could rule on his motion, Badaiki appealed the dismissal order. C. While both of Badaiki’s motions to amend were pending before the district court, the parties settled their dispute. On December 21, 2023, Appellees’ counsel sent Badaiki the following email with subject line, “Cameron-Badaiki: Settlement Offer made pursuant to TRE 408 and FRE 408”: I have talked with my clients, and in exchange for a complete release on all claims in all cases you have filed, my clients will agree to forego pursuing their award of attorneys’ fees in the state court action and two federal court actions. As you are aware, the state court has already awarded some fees, and we are confident that the federal courts will also grant our requests for fees, which are in excess of $200,000. Should you not accept this offer, we will move forward with executing on all judgments. I hope you give this offer serious consideration. This offer will expire if not accepted by December 25, 2021. On December 25, 2021, Badaiki responded via email: “Accepted. We could discourse later.” The parties each filed notices of settlement. In his notice, Badaiki stated that “[t]he Defendant and Plaintiff Badaiki reach a settle [sic] by email,” attached the December 21 email from opposing counsel, and concluded “[o]n December 25, 2021 email, Badaiki ACCEPTED the above Settlement Offer.” After receiving the notices of settlement, the court stayed all deadlines until the parties filed their Rule 41 dismissals.3

_____________________ 3 The trial judge was the same in both cases.

4 Case: 21-20628 Document: 00516995600 Page: 5 Date Filed: 12/08/2023

Trouble shortly ensued. In January, Badaiki contacted Appellees and sought severance pay as part of the settlement agreement. Appellees refused on the basis that the severance pay was “never part of the settlement offer.” That same month, Badaiki filed a motion in the district court and argued that it lacked jurisdiction to stay deadlines in the case.4 Shortly thereafter, Appellees notified the district court that Badaiki “has agreed to resolve all litigation but has refused to sign a more detailed settlement agreement.” In response, the district court ordered the parties to file their settlement paperwork by April 18, 2022. When the parties did not comply, the district court ordered the parties to appear for a hearing on May 9, 2022. At the May 9, 2022, hearing, the trial court first found that it had jurisdiction to determine the validity of the settlement. Then, the court determined Appellees’ December 21, 2021, email was a valid settlement offer and Badaiki accepted that offer in his December 25, 2022 response. The district court concluded that the settlement terms obligated Appellees to

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Bluebook (online)
Badaiki v. Schlumberger Holdings, Counsel Stack Legal Research, https://law.counselstack.com/opinion/badaiki-v-schlumberger-holdings-ca5-2023.