Joseph v. Worldwide Flight Services, Inc.

Second Circuit

Joseph v. Worldwide Flight Services, Inc.

170 F. App'x 771

CourtCourt of Appeals for the Second Circuit

DecidedMarch 16, 2006

DocketNo. 05-4077-CV

StatusPublished

This text of 170 F. App'x 771 (Joseph v. Worldwide Flight Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joseph v. Worldwide Flight Services, Inc., 170 F. App'x 771 (2d Cir. 2006).

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Opinion

SUMMARY ORDER

We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal. In cases where parties have consented to entry of a judgment, they typically lack standing to appeal. See 15A Charles Alan Wright et. al., Federal Practice & Procedure § 3902 (2d ed.1992). Here, we cannot consider appellant’s arguments because the parties appear to have consented to the dismissal. Therefore, on the current record, there is no genuine case or controversy. See Druhan v. Am. Mut. Life, 166 F.3d 1324, 1326 (11th Cir.1999). Further, this Court is unable to evaluate Joseph’s allegation because the issue depends on evidence not reflected in the record before us. The district court is in the best position to develop a factual record. See Creatore v. Town of Trumbull, 68 F.3d 59, 61 (2d Cir.1995).

We therefore remand the case to the district court so that the record may be developed. On remand, Joseph may offer appropriate challenges to the stipulation of discontinuance and/or the “confidential settlement agreement” and the court may consider the validity of the documents. See Fed. R. Civ. P. 60(b). This reasoning also applies to Joseph’s claim against his attorney, which is also based on facts that do not appear in the record. See Blondin v. Dubois, 189 F.3d 240, 244 (2d Cir.1999).

Accordingly, for the reasons set forth above, the appeal is REMANDED.

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SUMMARY ORDER

We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal. In cases where parties have consented to entry of a judgment, they typically lack standing to appeal. See 15A Charles Alan Wright et. al., Federal Practice & Procedure § 3902 (2d ed.1992). Here, we cannot consider appellant’s arguments because the parties appear to have consented to the dismissal. Therefore, on the current record, there is no genuine case or controversy. See Druhan v. Am. Mut. Life, 166 F.3d 1324, 1326 (11th Cir.1999). Further, this Court is unable to evaluate Joseph’s allegation because the issue depends on evidence not reflected in the record before us. The district court is in the best position to develop a factual record. See Creatore v. Town of Trumbull, 68 F.3d 59, 61 (2d Cir.1995).

We therefore remand the case to the district court so that the record may be developed. On remand, Joseph may offer appropriate challenges to the stipulation of discontinuance and/or the “confidential settlement agreement” and the court may consider the validity of the documents. See Fed. R. Civ. P. 60(b). This reasoning also applies to Joseph’s claim against his attorney, which is also based on facts that do not appear in the record. See Blondin v. Dubois, 189 F.3d 240, 244 (2d Cir.1999).

Accordingly, for the reasons set forth above, the appeal is REMANDED.

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