Streit v. Amdocs, Inc.

307 F. App'x 505
Court of Appeals for the Second Circuit·Decided January 20, 2009·No. No. 07-3760-cv·Published·Cited by 3 cases

Opinion

SUMMARY ORDER

Plaintiff Craig Streit appeals from a July 30, 2007 judgment entered by the District Court, granting a motion for summary judgment made by defendant Am-docs, Inc. (“Amdocs”), and dismissing plaintiffs complaint, which sought damages for Amdocs’s alleged breach of a stock option agreement. We assume the parties’ familiarity with the factual and procedural history of the case, though we revisit key portions of that history here.

In July 1999, Streit signed an employment agreement with International Telecommunication Data Systems, Inc. (“ITDS”), Amdocs’s predecessor company. The agreement set a term of employment from August 1999 to August 2001. Additionally, Streit entered into a stock option agreement that entitled him to purchase at a pre-speeified price 12,500 shares of ITDS stock a year for four years, on each anniversary date of his employment. The stock option agreement further stipulated that Streit had to be employed by Amdocs to exercise his stock options, and that if ITDS terminated him for cause, his right to exercise his options would “terminate immediately upon the effective date of such discharge.” Streit alleges that ITDS also agreed to the immediate vesting of all of his stock options (a total of 50,000 shares) upon a change of ownership of ITDS — a claim Amdocs disputes. After Streit began his employment with ITDS, the company was sold to Amdocs. Streit called for the immediate vesting of all of his stock options, but Amdocs did not hon- or his request. For its part, Amdocs alleges that Streit presented his stock option agreement with a handwritten provision regarding the immediate vestment of the 50,000 shares, and that the company believed that Streit had written in this provi[507] sion himself, without any authority to do so. Soon after this event, and shortly after Streit’s first anniversary with the company, Amdocs terminated Streit.

On May 1, 2001, Streit filed a Demand for Arbitration with the American Arbitration Association (“AAA”), pursuant to the terms of his employment agreement. Streit alleged that Amdocs had violated both his employment and stock option agreement, and sought “[m]onetary damages based on the losses suffered by [Streit] as a result of [Amdocs’s] repudiation of the terms of the Employment Agreement and the Incentive Stock Option Agreement,” including, inter alia, “failure to vest stock options originally granted [Streit] at [the] commencement of his employment” and “loss of stock options granted to [Streit] during [the] course of his employment.” After proceedings before Arbitrator James F. Stapleton (“Arbitrator”), including briefing and a hearing, the Arbitrator issued an award on July 17, 2002. He stated that Streit had been terminated without just cause, and awarded him $48,615.38 for lost compensation. The award further stated that “[i]n all other respects the demands of [Streit] are denied,” and concluded that “[t]his [a]ward is in full and final settlement of all claims and counterclaims submitted to this arbitration.”

On October 11, 2005 — more than three years after the Arbitrator issued his award — Streit commenced the instant action. The complaint alleges, in pertinent part, that “[t]he defendant breached the express terms of the Stock Incentive Plan when it refused to allow the plaintiff to exercise his right to purchase 12,500 shares of the defendant’s stock on August 2, 2001.” A joint status report of the parties to the District Court dated April 27, 2006 indicates that Amdocs intended to file a summary judgment motion in the case, based on res judicata and collateral estoppel defenses. The joint status report also states that “plaintiff concurs with the defendant’s request that the Court establish a bifurcated schedule that contemplates briefing and decision on the claim preclusion and issue preclusion defenses before proceeding to the merits of the plaintiffs claim.”

On May 18, 2006, the District Court held a pre-filing conference by telephone.2 The District Court began the conference by stating: “I’ve looked at your papers and I take it that both sides are in agreement that a motion for summary judgment should be filed as reflected in the joint status report, and that’s fine with me.” Amdocs’s counsel responded:

I had corresponded with plaintiffs counsel about this and told them that we saw no basis in fact or law for the claim and he has indicated that he’s prepared to have the case dismissed. We in turn have said we have had to spend a lot of time and money pulling up the arbitration file, going through it again, preparing preliminarily for summary judgment so that we could present it at least in preliminary form to Your Honor. And [plaintiffs counsel] acknowledges that. And ... co-counsel ... tells me that the client is prepared to forego a motion for fees and costs provided we receive a general release from Mr. Streit. And I understand from [plaintiffs counsel] thai he thinks that would be forthcoming.

Streit’s counsel then stated, “I think that’s very possible, Your Honor. I can’t guarantee it at this moment, but I’m assured [508] that that should not be a problem.” The parties then told the District Court that they would soon report back on the status of their settlement negotiations.

On June 23, 2006, Streit filed a motion for voluntary dismissal without prejudice, pursuant to Fed.R.Civ.P. 41(a)(2).3 The motion stated that Streit had filed a new claim for arbitration on June 23, 2006. The District Court granted the motion on June 27, 2006. Amdocs, which claims it received no notice of Streit’s motion to dismiss and had no knowledge of the second arbitration, filed a motion to reopen the dismissal on July 7, 2006. The District Court held a conference by telephone on August 21, 2006 to discuss the matter. During the conference, the District Court stated: “As I recall our discussion and based on my review of the papers, it seems to me that I granted the withdrawal in the mistaken belief that the case had been settled.” The District Court then noted that Amdocs had originally wanted to seek a dispositive ruling from the Court, and concluded that it should reopen the matter in order to give Amdocs the opportunity to do so. Amdocs filed a motion for summary judgment on October 2, 2006. The District Court granted the motion on June 30, 2007, concluding that Streit’s current claim “was raised — or, at a minimum, could have been raised — in the arbitration,” and accordingly was barred. Streit filed a timely appeal.

On appeal, Streit makes two central arguments: (1) that the District Court abused its discretion when it granted the defendant’s motion to reopen the voluntary dismissal without prejudice, and (2) the District Court erred when it granted Am-docs’s motion for summary judgment on the ground that the claim had been raised or could have been raised in the arbitration.

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Streit v. Amdocs, Inc., 307 F. App'x 505 (2d Cir. 2009).

307 F. App'x 505 (Streit v. Amdocs, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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