Yameogo v. Macaron Paris, LLC
CourtCourt of Appeals for the Second Circuit
Date FiledOctober 20, 2026
Docket25-636
StatusUnpublished
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Full Opinion
25-636
Yameogo v. Macaron Paris, LLC
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.
CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS
PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE
32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE
FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION
“SUMMARY ORDER“). A PARTY CITING A SUMMARY ORDER MUST SERVE A
COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit,
held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the
City of New York, on the 20th day of October, two thousand twenty-six.
PRESENT:
PIERRE N. LEVAL,
RICHARD J. SULLIVAN,
JOSEPH F. BIANCO,
Circuit Judges.
_____________________________________
PATRICE YAMEOGO,
Plaintiff-Appellant,
v. No. 25-636
MACARON PARIS, LLC, MACARON CAFE, LLC,
MACARON, LLC,
Defendants-Appellees.
_____________________________________
For Plaintiff-Appellant: PATRICE YAMEOGO, pro
se, Queens, NY.
For Defendants-Appellees: Christopher R. Travis,
Travis Law PLLC, New
York, NY.
Appeal from a judgment of the United States District Court for the Southern
District of New York (Analisa Torres, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the February 19, 2025 judgment of the district
court is AFFIRMED.
Patrice Yameogo, proceeding pro se, appeals from the district court’s order
granting summary judgment in favor of his former employer – Macaron Paris,
LLC; Macaron Cafe, LLC; and Macaron, LLC (collectively, “Macaron”) – on his
claims of discrimination on the basis of race, color, and national origin in violation
of federal and state law, which the court found were resolved by a previously
executed settlement agreement between the parties. We assume the parties’
familiarity with the remaining facts, procedural history, and issues on appeal, to
which we refer only as necessary to explain our decision.
“We review de novo a district court’s grant of summary judgment after
construing all evidence, and drawing all reasonable inferences, in favor of the non-
moving party.” Sotomayor v. City of New York, 713 F.3d 163, 164 (2d Cir. 2013).
“Summary judgment is appropriate only when ‘there is no genuine dispute as to
any material fact and the movant is entitled to judgment as a matter of law.’” Id.
(quoting Fed. R. Civ. P. 56(a)). “We review a district court’s factual conclusions
related to a settlement agreement, such as whether an agreement exists or whether
a party assented to the agreement, under the clearly erroneous standard of
review,” and “review de novo a district court’s legal conclusions with respect to its
interpretation of the terms of a settlement agreement, and its interpretation of state
law.” Omega Eng’g, Inc. v. Omega, S.A., 432 F.3d 437, 443 (2d Cir. 2005) (internal
citations omitted). Finally, “[t]his court construes appellate briefs submitted by
pro se litigants liberally and reads such submissions to raise the strongest
arguments they suggest.” Ortiz v. McBride, 323 F.3d 191, 194 (2d Cir. 2003).
As a threshold matter, Yameogo appears to challenge the district court’s
conversion of Macaron’s motion to dismiss into one for summary judgment.
When “matters outside the pleadings are presented to and not excluded by the
court, [a] motion must be treated as one for summary judgment under Rule 56,”
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and “[a]ll parties must be given a reasonable opportunity to present all the
material that is pertinent to the motion.” Fed. R. Civ. P. 12(d). In particular, “pro
se parties must have unequivocal notice of the meaning and consequences of
conversion to summary judgment.” Hernandez v. Coffey, 582 F.3d 303, 307–08 (2d
Cir. 2009) (internal quotation marks omitted).
Here, Yameogo received precisely the notice contemplated by Rule 12(d).
When the magistrate judge determined that Macaron’s motion should be
converted to one for summary judgment, he ordered Macaron to provide notice to
Yameogo in compliance with Rule 12(d). As reflected on the district court’s
docket, Macaron provided such notice to Yameogo on August 9, 2024. That
notice expressly advised Yameogo that he could not “oppose the defendant’s
motion simply by relying upon the allegations in [his] complaint” and that he had
to “submit evidence, such as witness statements or documents, countering the
facts asserted by the defendant.” Yameogo v. Macaron Paris, LLC, No. 23-cv-8981
(AT) (HJR), Doc. No. 34 at 1 (S.D.N.Y. Aug. 9, 2024). The district court gave
Yameogo ample opportunity to respond with his own materials, and Yameogo in
fact submitted an affidavit and fifteen exhibits alongside his opposition to
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Macaron’s motion. We therefore discern no procedural error in the district
court’s treatment of Macaron’s motions.
As to the merits of Yameogo’s claims, the district court correctly concluded
that Macaron was entitled to summary judgment. Prior to the initiation of this
lawsuit, the parties entered a settlement agreement to resolve a separate
trademark infringement action brought by Macaron against Yameogo. See
Yameogo, No. 23-cv-8981, Doc. No. 12-2 at ¶ 5b. As part of that agreement,
Yameogo released Macaron from “any and all claims, rights, . . . actions, and
causes of action of every nature, known or unknown, matured or unmatured,
whether at law or in equity, from the beginning of time to the date of this release,”
which was November 23, 2021. Id. The plain language of that release clearly
encompasses all claims of any kind arising during the period in which Yameogo
was working for Macaron. Yameogo’s argument that the release only
extinguished the trademark claims asserted against him is therefore baseless.
Yameogo counters that his execution of the agreement was not knowing and
voluntary, but the record makes clear that Yameogo was counseled during the
proceedings that culminated in the settlement agreement and that he specifically
conferred with his attorney about the scope of the release. And though he claims,
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in conclusory fashion, that the general release in the settlement agreement was
contrary to public policy, he cites no authority for that proposition. 1 In fact, New
York courts have recognized that “[s]trong policy considerations favor the
enforcement of settlement agreements.” Denburg v. Parker Chapin Flattau &
Klimpl, 82 N.Y.2d 375, 383 (1993); see also Smith v. City of New York, 45 N.Y.3d 1025,
1026–27 (2025) (enforcing release of “any and all state and federal tort claims . . .
whatsoever, known or unknown,” to bar a claim based on an incident separate
from the settled lawsuit); Stevens v. Town of Chenango, 89 N.Y.S.3d 418, 419–20 (3d
Dep’t 2018) (enforcing general release of “all manner of . . . claims and demands
. . . in law or in equity that against [defendant]” the plaintiff “ever had” to bar a
claim unrelated to settled litigation); Ortiz v. City of New York, 8 N.Y.S.3d 306, 306
(1st Dep’t 2015) (“The general release executed by plaintiff contained no limiting
language from which it could be inferred that it was only meant to apply to the
specific claims made in the original action.”).
1 The settlement agreement contained a choice-of-law provision providing New York law as the
governing substantive law. See Yameogo, No. 23-cv-8981, Doc. No. 12-2 at ¶ 12. The parties are
also domiciled in New York, and by all indications the negotiations of the settlement agreement
occurred in New York. Yameogo does not dispute that New York law governs the agreement.
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For all these reasons, the district court correctly concluded that Yameogo’s
employment discrimination claims were extinguished by the release contained in
the November 2021 settlement agreement.
* * *
We have considered all of Yameogo’s remaining arguments and find them
to be without merit. Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk of Court
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