Dupree v. Ultramar Diamond, et al

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 6, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 02-21327
Summary Calendar
DWYN LLORENCE DUPREE; ET AL,
Plaintiffs,
DWYN LLORENCE DUPREE,
Plaintiff-Appellant,
VERSUS
ULTRAMAR DIAMOND SHAMROCK CORP; SAM TIOLETTE;
SANDRA CONTRESAS; UDS SERVICES INC,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
(02-CV-1424)
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Dwyn Llorence Dupree (hereinafter “Dupree”) filed suit in the
United States District Court for the Western District of Louisiana,
Lafayette/Opelousas Division, in December, 2001, alleging that UDS

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his employer, terminated his employment in violation of Title VII
of the Civil Rights Act of 1964 and the Americans with Disabilities
Act of 1990. UDS filed a pre-answer motion to compel arbitration
in February, 2002, asking the Court to compel the parties to submit
to arbitration pursuant to a signed arbitration agreement and to
transfer the case to the Southern District of Texas where venue was
more convenient. In March of 2002, Dupree filed his own motion to
compel arbitration. On April 10, 2002, the Louisiana District
Court ordered the lawsuit stayed pending arbitration before the
American Arbitration Association and also ordered that the case be
transferred to the United States District Court for the Southern
District of Texas pursuant to 28 U.S.C. §406(a). The Houston
District Court administratively closed the case pending a ruling on
arbitration. An evidentiary hearing was conducted by the
arbitrator on August 21, 2002, at which both parties were given the
opportunity to present evidence to support their claims. Following
this hearing the arbitrator rendered an award on September 20,
2002, which denied all of Dupree’s claims and dismissed them with
prejudice. On October 2, 2002, Dupree filed both a motion for a
jury trial and a separate request for trial de novo without making
any reference to the fact that a final result had been achieved in
the arbitration. The District Court in Houston denied both motions
on October 23, 2002. In a separate appeal under Cause No. 02-
21227, Dupree appealed the denial by the district court of his

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motions for jury trial or trial de novo; and on May 30, 2003, this
Court issued a ruling affirming those orders. UDS filed a motion
for the district court to confirm the arbitration award and on
November 13, 2002, the district court issued an order confirming
the arbitrator’s award. Dupree filed another notice of appeal on
November 11, 2002, which is now before us.
We have carefully reviewed the briefs, the reply briefs, the
record excerpts, and relevant portions of the record itself. We
find no error of any kind whatsoever in the decision of the
district court to affirm the arbitrator’s award in this case.
AFFIRMED.

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