Capitol Sprinkler Inspection, Inc. v. Guest Services, Inc.

630 F.3d 217, 394 U.S. App. D.C. 73, 2011 U.S. App. LEXIS 852, 2011 WL 117067
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 14, 2011
Docket09-7128
StatusPublished
Cited by181 cases

This text of 630 F.3d 217 (Capitol Sprinkler Inspection, Inc. v. Guest Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capitol Sprinkler Inspection, Inc. v. Guest Services, Inc., 630 F.3d 217, 394 U.S. App. D.C. 73, 2011 U.S. App. LEXIS 852, 2011 WL 117067 (D.C. Cir. 2011).

Opinion

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Capitol Sprinkler Inspection, Inc., the defendant in the district court, appeals the summary judgment entered for Guest Services, Inc. on Capitol’s third-party claims for negligence and breach of contract in connection with a burst pipe at a building managed by Guest. Guest argues we lack jurisdiction for want of a timely notice of appeal. We hold that we have jurisdiction of the appeal based upon Federal Rule of Appellate Procedure 4(a)(2) and affirm the district court in all respects.

I. Background

Gallaudet University hired Guest to manage the conference center building on its campus in Washington, D.C. Guest in *220 turn retained Capitol to service the fire sprinkler system in the conference center. One of Capitol’s contractual duties was “opening] condensation drains on drum drip connections and draining] low points during fall and winter inspection.”

In January 2003 two of Capitol’s inspectors came to the conference center, where they were met by someone who escorted them around the building. The record does not reveal whether their escort was an employee of Guest. While on site, the inspectors drained water from all but one of the drum drips; that one was in a locked room for which the escort was not carrying a key card. Later that month, a pipe fitting froze, burst, and discharged water, which would not have happened if Capitol’s inspectors had drained the drum drip.

Gallaudet filed a claim for the resulting damage with its property insurer, St. Paul Mercury Insurance. St. Paul, as Gallaudet’s subrogee, then filed suit against Capitol for both negligence and breach of contract. Capitol in turn filed a third-party complaint against Guest, seeking contribution or indemnity, again based upon both negligence and breach of contract.

All parties filed dispositive motions. St. Paul moved for partial summary judgment on its contract claim against Capitol, which cross-moved for summary judgment against St. Paul on both claims. Capitol and Guest filed cross-motions for summary judgment on the third-party claims. All the motions drew responses and replies except that Guest did not timely respond to Capitol’s motion for summary judgment. The district court denied Guest’s motion to file a late response but nonetheless deemed Capitol’s motion for summary judgment opposed because Guest, in the course of supporting its own motion, had briefed the relevant issues.

The district court denied Capitol’s motion for summary judgment against Guest and its motion to strike Guest’s reply in support of its motion for summary judgment. Because St. Paul had argued that Capitol could not prevail without expert testimony to explain the applicable standard of care in tort and the contractual duty Guest owed to Capitol but “the parties [had] devote[d] only scant attention to” the subject, the court was “unwilling to rule on [that] dispositive issue”; instead the court held all other motions in abeyance pending supplemental briefing on the need for expert testimony. On June 15, 2009 the district court, having determined Capitol could not prove its claims or defenses without expert testimony to explain Guest’s duty, entered an order granting Guest’s and St. Paul’s motions respectively for summary and for partial summary judgment and stating “Guest Services is dismissed from further proceedings in this case.” St. Paul’s tort claim against Capitol, which had not been a subject of St. Paul’s dispositive motion, alone remained pending.

Capitol then filed a motion pursuant to Federal Rule of Civil Procedure 54(b) asking the district court to certify an interlocutory appeal or, in the alternative, for reconsideration of its June 15 order granting summary judgment to Guest. The district court denied Capitol’s motion, holding an immediate appeal would be inappropriate because the third-party claims overlapped with St. Paul’s claims against Capitol and rejecting Capitol’s arguments in the alternative for reconsideration.

On October 16 Capitol and St. Paul informed the court they had “settled all claims between them,” would “finalize a settlement agreement” within 30 days, and would thereafter file a joint stipulation of dismissal. Later that same day Capitol filed a notice of appeal with respect to its *221 claims against Guest. Later still that day, the district court entered an order dismissing the case without prejudice based upon the impending settlement and stating the case would stand dismissed with prejudice as of October 26 unless counsel moved to extend the date or to reopen the case. On October 23 St. Paul and Capitol filed their joint stipulation of dismissal. The order dismissing the case having become final on October 26, this appeal by Capitol proceeded without further action by the district court and without Capitol having filed a notice of appeal from the final judgment.

II. Analysis

On appeal, Capitol challenges the district court’s order denying its and granting Guest’s motion for summary judgment, and the orders denying its motions (1) to supplement its expert disclosures, (2) to strike Guest’s reply, and (3) for reconsideration or for an appealable judgment under Rule 54(b). Guest defends each of those orders but first argues this court lacks appellate jurisdiction. We begin, of course, with our jurisdiction. Yousuf v. Samantar, 451 F.3d 248, 251 (D.C.Cir.2006).

A. Appellate Jurisdiction

To vest this court with appellate jurisdiction under 28 U.S.C. § 1291, the appellant must file a timely notice of appeal from a final, appealable judgment of the district court. See Budinich v. Becton Dickinson & Co., 486 U.S. 196, 203, 108 S.Ct. 1717, 100 L.Ed.2d 178 (1988) (timely notice of appeal is “mandatory and jurisdictional”); St. Marks Place Hous. Co. v. U.S. Dep’t of Hous. & Urban Dev., 610 F.3d 75, 79 (D.C.Cir.2010) (final judgment required). The district court ordinarily enters a final judgment only after it has disposed of all claims against all parties. See Fed.R.CivP. 58; Cambridge Holdings Grp., Inc. v. Federal Ins. Co., 489 F.3d 1356, 1363 (D.C.Cir.2007). The district court may, however, exercise its discretion to “direct entry of a final judgment as to one or more, but fewer than all, claims or parties.” Fed.R.Civ.P. 54(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
630 F.3d 217, 394 U.S. App. D.C. 73, 2011 U.S. App. LEXIS 852, 2011 WL 117067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capitol-sprinkler-inspection-inc-v-guest-services-inc-cadc-2011.