Bell-Atlantic-Washington, DC v. Zaidi

10 F. Supp. 2d 575, 1997 WL 907919
CourtDistrict Court, E.D. Virginia
DecidedDecember 10, 1997
DocketCivil Action 97-467-A
StatusPublished
Cited by1 cases

This text of 10 F. Supp. 2d 575 (Bell-Atlantic-Washington, DC v. Zaidi) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell-Atlantic-Washington, DC v. Zaidi, 10 F. Supp. 2d 575, 1997 WL 907919 (E.D. Va. 1997).

Opinion

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter comes before the Court on Plaintiff Bell-Atlantic-Washington, DC’s (“Bell Atlantic”) Motion for Summary Judgment. For the reasons set forth below, Plaintiffs Motion is GRANTED.

I.

On April 26, 1994, Bell .Atlantic entered into a Settlement Agreement and General Release (the “Settlement Agreement”) with Zaidi, a former Bell Atlantic employee who had made claims of national origin and disability discrimination and personal injury against Bell Atlantic. Under the Settlement Agreement, Bell Atlantic paid to Zaidi the sum of ■ $150,000.00 in exchange for a full release of any and all claims that Zaidi had or could have had against Bell Atlantic arising out of his employment with Bell Atlantic, the termination of his employment and “all circumstances related thereto” or any other *576 matter up to the date on which he executed the Settlement Agreement. Zaidi signed the Settlement Agreement and accepted and retained the consideration paid to him.

During the time leading up to the negotiation of the Settlement Agreement, Zaidi wrote many threatening letters and made many threatening phone calls to Bell Atlantic officers and directors. Bell Atlantic thus included Paragraph THIRD in the Settlement Agreement which prohibits Zaidi from writing to Bell Atlantic officers and directors or to third parties about matters concerning Bell Atlantic. The Settlement Agreement specifically requires Zaidi to return the consideration paid to him under the Settlement Agreement if he breaches Paragraph THIRD of the Settlement Agreement.

Three years after signing the Settlement Agreement and accepting the $150,000.00 check from Bell, Zaidi sent a letter to the Chairman and CEO of Bell Atlantic Corporation, Raymond W. Smith, among others, in which he tried to resurrect his “settled” claims and extort more money out of Bell Atlantic. Bell Atlantic brought the current suit, claiming that Zaidi breached Paragraph THIRD of the Settlement Agreement, and seeking recovery of the $150,000.00 that Bell Atlantic paid to him. In response, Zaidi filed eight counterclaims against Bell Atlantic: retaliatory discharge (Count 1); fraud and deceit in procurement of resignation (Count 2); solicitation to participate in a conspiracy to defraud U.S. Government (Count 3); conspiracy to induce behavior that would then be made the basis of harassment (Count 4); breach of contract and failure to honor contractual commitment to protect Zaidi (Count 5); intentional infliction of emotional distress (Count 6); breach of commitment to pay for forced extra work done at leisure time (Count 7); and negligence in adhering to and willful violations of Rule- 11(b) (Count 8).

Bell Atlantic argues that it is entitled to summary judgment on its breach of contract claim against Zaidi because Zaidi knowingly sent letters to three people in clear violation of the terms of the Settlement Agreement. In addition, Bell Atlantic argues that it is entitled to summary judgment on all of Zai-di’s counterclaims because, with the exception of Count 8, Zaidi’s counterclaims are nothing more than an attempt to resurrect the very claims that led to the Settlement Agreement. Bell Atlantic argues that in addition to the fact that Count 8 fails to state a claim upon which relief can be granted, the Court has already ruled against Zaidi on his various motions to dismiss and motions for sanctions.

II.

Summary Judgment is proper when, viewed in a light most favorable to the non-moving party, “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Runnebaum v. NationsBank of Maryland, N.A., 95 F.3d 1285, 1287 (4th Cir.1996). The essence of the inquiry made by the'court is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III.

A. Bell Atlantic’s Claims

An agreement to settle a legal dispute is a contract. Village of Kaktovik v. Watt, 689 F.2d 222, 230 (D.C.Cir.1982). The applicable law in this case is District of Columbia state law. A complete enforceable agreement exists, under District of Columbia law, when there is an agreement as to all material terms and the parties have the intention to be bound by the agreement. Qui jano v. Eagle Maintenance Services, Inc., 952 F.Supp. 1, 3 (D.D.C.1997). It is undisputed that Zaidi is the party who initiated the settlement discussions. It is also undisputed that, after the Settlement Agreement was drafted, Zaidi was given twenty-one days to decide whether to sign the Settlement Agreement and then seven additional days after signing in which to rescind- Before signing the Settlement Agreement, Zaidi asked that *577 two changes be made to the contract. The parties agreed that Zaidi’s date of discharge be delayed for two additional weeks and also that the $150,000.00 paid to Zaidi would not be taxable. Only after these negotiations did Zaidi sign the contract. Given these undisputed facts, the Court finds that a complete enforceable agreement between Bell Atlantic and Zaidi exists under the Settlement Agreement.

Upon one party’s breach of a settlement contract, the other party may obtain damages or specific performance as appropriate. Village of Kaktovik, 689 F.2d at 230. “Each party agrees to extinguish those legal rights it sought to enforce through litigation in exchange for those rights., secured by the contract.” Id. When Zaidi assented to the settlement with Bell Atlantic, he gave up his legal right to a determination on the merits of any claims that he had or could have had against Bell Atlantic arising out of his employment with Bell Atlantic, the termination of his employment, and “all circumstances related thereto” or any other matter up to the date on which he executed the Settlement Agreement. In exchange, he received a check in the amount of $150,000.00. Paragraph THIRD of the Settlement Agreement states:

Zaidi agrees that neither he nor anyone acting on his behalf will write to, telephone, or otherwise contact any third party concerning any matter involving the Company or its parent or affiliates, or their successors or assigns, or the current or former directors, officers, employees or agents of any of them, on any subject whatsoever, except as provided in paragraph FIFTH 1 of this SETTLEMENT AGREEMENT AND GENERAL RELEASE.

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Bluebook (online)
10 F. Supp. 2d 575, 1997 WL 907919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-atlantic-washington-dc-v-zaidi-vaed-1997.