In re: Herman Brewer, No. 15-8009 (D.C. Cir. 2017)Annotate this Case
The district court denied certification for a class consisting of African-American deputy U.S. Marshals alleging racial discrimination by the United States Marshals Service (USMS). The lead plaintiff, Herman Brewer, petitioned for interlocutory review, but while his petition was pending, he settled his individual claims with the Government. The parties then stipulated to dismissal of the action under Fed. R. Civ. P. 41(a)(1)(A)(ii), which allowed the parties voluntarily to dismiss a suit without a court order by filing a jointly signed stipulation with the court. Four current and former deputy U.S. Marshals moved to intervene upon notice of the stipulation. The DC Circuit granted the motion to intervene but declined the petition for review as presenting no question that falls within the court's discretion to hear an interlocutory appeal under the framework announced in Lorazepam & Clorazepate Antitrust Litigation, 289 F.3d 98 (D.C. Cir. 2002). The court remanded for the district court to consider motions to substitute absent class members as plaintiffs and for further proceedings.