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STANLEY v. GEORGE WASHINGTON UNIVERSITY (2020)

United States Court of Appeals, District of Columbia Circuit.

Melissa STANLEY, individually and as representative of a class of participants and beneficiaries on behalf of The George Washington University Retirement Plan for Faculty and Staff and The George Washington University Supplemental Retirement Plan, Appellant v. GEORGE WASHINGTON UNIVERSITY, et al., Appellees

No. 19-7079

Decided: March 24, 2020

Before: Rogers, Garland, and Katsas, Circuit Judges. Nicholas A. Migliaccio, Attorney, Migliaccio & Rathod LLP, Washington, DC, Andrew W. Ferich, Attorney, Steven Schwartz, Attorney, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Haverford, PA, Paul R. Wood, Franklin D. Azar & Associates, P.C., Greenwood Village, CO, for Plaintiff - Appellant Brian David Netter, Mayer Brown LLP, Washington, DC, Nancy G. Ross, Mayer Brown LLP, Chicago, IL, for Defendants - Appellees

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of the parties. The Court has afforded the issues full consideration and has determined that they do not warrant a published opinion. See D.C. Cir. R. 36(d). It is

ORDERED AND ADJUDGED that the judgment of the district court be AFFIRMED. For the reasons set out in the district court’s opinion, see Stanley v. George Wash. Univ., 394 F. Supp. 3d 97 (D.D.C. 2019), we conclude that appellant Stanley released her ERISA claims as part of a prior settlement, see Confidential Separation Agreement and General Release at 3-4 (Sealed Appendix at 4-5). Stanley’s claims are therefore properly dismissed under Federal Rule of Civil Procedure Rule 12(b)(6).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. R. 41.

Per Curiam

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STANLEY v. GEORGE WASHINGTON UNIVERSITY (2020)

Docket No: No. 19-7079

Decided: March 24, 2020

Court: United States Court of Appeals, District of Columbia Circuit.

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