Nicholas Trobovic v. General Services Administration

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3088
NICHOLAS TROBOVIC,
Petitioner,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Petition for review of the Merit Systems Protection Board in consolidated case nos.
NY0353080118-1-1, NY0353080130-1-1, NY0752080012-1-2, and PH3443080242-1-1.
ON MOTION
Before MICHEL, Chief Judge, LOURIE and BRYSON, Circuit Judges.
PER CURIAM.
ORDER
The General Services Administration moves to summarily affirm the September
19, 2008 decision of the Merit Systems Protection Board dismissing Nicholas Trobovic's
appeals for lack of jurisdiction. Trobovic has not responded. Trobovic moves to reform
the official caption to designate the Merit Systems Protection Board the respondent.
GSA opposes.
In Trobovic I, Trobovic filed five appeals which the Board consolidated into one
case. Trobovic alleged constructive suspension and failure to restore. Trobovic and
GSA entered into a settlement agreement encompassing all the issues in the
consolidated case. Pursuant to the agreement, Trobovic agreed to withdraw with
prejudice all the pending appeals and waived the right to file any future claims involving

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the same issues. Trobovic petitioned this court for review in Trobovic I and that case
was docketed as Trobovic v. General Services Admin., 2008-3229. On April 16, 2009,
this court affirmed the Board's decision in that case, determining that the Board
correctly determined that Trobovic voluntarily withdrew his appeals and agreed not to
seek reemployment with GSA.
Trobovic filed additional appeals and sought to rescind the agreement, arguing
that the agreement was invalid. In Trobovic II the Board consolidated those related
appeals and determined that it did not have jurisdiction over certain refiled claims
because the settlement agreement was valid and that the settlement agreement barred
other claims. In this case, 2009-3088, Trobovic now petitions this court for review of the
Board's decision dismissing the recently filed appeals in Trobovic II. GSA moves to
summarily affirm the Board's decision in Trobovic II.
Summary affirmance of a case is appropriate "when the position of one party is
so clearly correct as a matter of law that no substantial question regarding the outcome
of the appeal exists.") Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). For
the reasons that we stated in our decision in Trobovic I, we agree that no substantial
question regarding the outcome of this petition for review exists. The prior appeal
resolved Trobovic's challenge to the validity of the settlement agreement. The finding in
that litigation that the settlement agreement is valid and binding on Trobovic has
become final and is binding as a matter of collateral estoppel in this appeal. Because
Trobovic's position in this appeal depends on his contention that the settlement
agreement is invalid, the collateral estoppel effect of the prior decision renders his
position in this appeal frivolous. Therefore, summary affirmance is appropriate.
Accordingly,
IT IS ORDERED THAT:
2009-3088 2

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GSA's motion for summary affirmance is granted.
The motion to reform the official caption is denied.
(3) Each side shall bear its own costs.
FOR THE COURT
JUL 0 2 2009 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Nicholas S. Trobovic
Joan Stentiford Swyers, Esq.
s20 US. SODRTParAt3 poft
THE FED RAL CIRCUIT
JUL 0 2 2009
JAN HORBALY
CLERK
2009-3088 3

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