Berrospi v. Aldine ISD

── Berrospi v. Aldine ISD ── Court: Court of Appeals for the Fifth Circuit Date: June 08, 2026 Category: Civil Rights Case: 25-20533 Document: 32-1 Page: 1 Date Filed: 06/08/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-20533 Summary Calendar FILED ____________ June 8, 2026 Lyle W. Cayce Violet Berrospi, Clerk Plaintiff—Appellant, versus Aldine Independent School District, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-4928 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges. Per Curiam: * Pro se Plaintiff-Appellant Violet Berrospi appeals the district court’s order granting in part Aldine Independent School District’s (AISD) motion to enforce a settlement agreement. Because the challenged order is not a final decision under 28 U.S.C. § 1291, we dismiss this appeal for lack of jurisdiction. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-20533 Document: 32-1 Page: 2 Date Filed: 06/08/2026 No. 25-20533 Berrospi sued AISD in state court, asserting employment discrimination and retaliation claims under federal law. AISD timely removed the case to the United State District Court for the Southern District of Texas. The district court then referred the case to mediation before a magistrate judge. Following mediation, the magistrate judge sent an email to the parties to confirm that the case had been resolved on four terms: AISD would pay Berrospi $7,000; AISD would restore seven days of sick leave; Berrospi would dismiss her claims with prejudice; and the parties would execute a written settlement agreement. The magistrate judge concluded the email with a request: If this email accurately sets forth the parties’ agreement, please send me back an email saying “Yes.” To be clear, if both sides send me a “yes” email, we will have a binding and enforceable settlement. Each side promptly responded, “Yes.” Berrospi later sought “clarification” of several terms, apparently backtracking from her earlier assent. After the magistrate judge explained that the settlement agreement would not be amended, Berrospi sought relief from the district court. AISD then quickly moved to enforce the settlement. After an evidentiary hearing, the district court granted AISD’s motion in part. The court ordered Berrospi to provide AISD with a W-9 form, ordered AISD to restore seven days’ sick leave and tender $7,000 to Berrospi, and stated that once AISD demonstrated payment and restoration of leave, the court would dismiss the case with prejudice. The court also stated that it would retain jurisdiction to enforce the settlement and would include that provision in its final order of dismissal. However, before any final dismissal order had been issued, Berrospi filed this appeal. Berrospi also moved for reconsideration, which the district court denied. 2 Case: 25-20533 Document: 32-1 Page: 3 Date Filed: 06/08/2026