Case: 19-20285 Document: 00515371079 Page: 1 Date Filed: 04/03/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-20285 April 3, 2020 Lyle W. Cayce Consolidated with 19-20467 Clerk SAMUEL GONZALES, Plaintiff - Appellant v. CONOCOPHILLIPS COMPANY; FRANK ALEXANDER; DAN MECHAM; CONOCOPHILLIPS SEVERANCE PAY PLAN, Defendants - Appellees Appeals from the United States District Court for the Southern District of Texas USDC No. 4:17-CV-2374 Before DAVIS, JONES, and ENGELHARDT, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Samuel Gonzales brought suit against Defendants- Appellees ConocoPhillips, its Severance Pay Plan, and two Plan administrators. In his complaint, Gonzales asserted claims against Defendants for employment discrimination on the basis of national origin * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 19-20285 Document: 00515371079 Page: 2 Date Filed: 04/03/2020 No. 19-20285 under Title VII and § 1981, as well as claims for wrongful denial of severance benefits, failure to timely provide plan documents, and breach of fiduciary duty under ERISA Sections 502(a)(1)(B), 502(c), and 503. The district court granted summary judgment in favor of Defendants on all claims and dismissed Gonzales’ suit in its entirety. The court awarded Defendants $186,000 in attorneys’ fees. Gonzales appeals the court’s final judgment and award of attorneys’ fees. We AFFIRM. I. Samuel Gonzales was first employed by ConocoPhillips in 2002 as a petroleum engineer. In 2011, Gonzales accepted an international assignment as a senior drilling engineer based in Australia. To be eligible to work in Australia, Gonzales was required to obtain a temporary work visa (457 visa), which includes certain character and fitness requirements. Gonzales applied for and successfully obtained a 457 visa permitting him to work in Australia from January 2012 to January 2016. 1 While in Australia, Gonzales was convicted of several criminal offenses, including a July 2014 conviction for aggravated assault against his wife for which he was sentenced to one year probation. On January 7, 2016, Gonzales disclosed these convictions to the Australian Department of Immigration (the Department) in his application to renew his 457 visa, and Gonzales obtained a bridging visa while his 457 visa application was being reviewed and processed. On March 1, 2016, the Department cancelled Gonzales’ bridging visa on character grounds, and Gonzales was detained in an immigration detention facility. After learning that Gonzales would not be available to work for the foreseeable future, ConocoPhillips put Gonzales on a paid leave of absence. 1 Gonzales 457 visa was set to expire on January 11, 2016. 2 Case: 19-20285 Document: 00515371079 Page: 3 Date Filed: 04/03/2020 No. 19-20285 Gonzales remained on paid leave until April 1, 2016, when he had exhausted all of his paid time off. On June 24, 2016, Gonzales was released from the immigration detention facility and returned to the United States. On June 27, 2016, ConocoPhillips terminated Gonzales for cause, citing ...
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