Geneva Rock Products, Inc. v. United States

100 Fed. Cl. 778, 2011 U.S. Claims LEXIS 1881, 2011 WL 4099150
CourtUnited States Court of Federal Claims
DecidedSeptember 15, 2011
DocketNo. 08-920L
StatusPublished
Cited by22 cases

This text of 100 Fed. Cl. 778 (Geneva Rock Products, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geneva Rock Products, Inc. v. United States, 100 Fed. Cl. 778, 2011 U.S. Claims LEXIS 1881, 2011 WL 4099150 (uscfc 2011).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Before the court is 'the plaintiffs motion to certify a class action pursuant to Rule 23 of the Rules of the Court of Federal Claims (“RCFC”) in this “rails-to-trails” case focused on a relatively short, now-abandoned 3.23-mile “Provo Industrial Lead” rail line in Salt Lake and Utah Counties, Utah. Plaintiff, Geneva Rock Products, Inc. (“Geneva Rock”), alleges that it owns land subject to the rail easement and consequently that the trails designation caused a taking of its property under Section 208 of the National Trails System Act Amendments of 1983, Pub.L. No. 98-11, § 208, 97 Stat. 42, 48 (codified at 16 U.S.C. § 1247(d)) (“Trails Act”). The proposed class would consist of the named plaintiff and other landowners who own reversionary rights to the line previously used as a railroad. Compl. ¶¶ 14-15; PL’s Mem. in Support of Mot. to Certify Class Action at 3 (“PL’s Mem.”). The government opposes the motion, arguing that (1) the statute of limitation bars the claims of all putative class members, excepting the named plaintiff, Geneva Rock, and (2) the proposed class does not satisfy the prerequisites of RCFC 23. Def.’s Resp. to Pl.’s Mot. to Certify Class Action at 1 (“Def.’s Opp’n”).1

BACKGROUND2

Geneva Rock owns real estate that underlies or abuts the abandoned railroad right-of-way. Compl. ¶ 4. Built in the 1870s, this railway eventually came under the ownership of the Union Pacific Railroad Company (“Union Pacific”). On January 17, 2002, Union Pacific sold the physical assets of the railway to the Utah Transit Authority (“Utah Transit”), retaining an easement to conduct freight rail operations on the line. PL’s Mem. Ex. A, at 00005. In November 2002, Union Pacific filed a notice of exemption with the Surface Transportation Board (“STB” or “Board”), to allow Union Pacific to abandon [781]*781its remaining interest in the rail line. Id. at 00003. In December of the same year, Utah Transit requested the issuance of a Notification of Interim Trail Use (“NITU”) from the Board, so that it could negotiate with Union Pacific to acquire its interest in the rail line. Pl.’s Mem. Ex. B, at 1-2. The Board issued the NITU on December 31, 2002,3 Compl. ¶ 6, and on or about March 13, 2003, Union Pacific and Utah Transit reached an agreement for trail use of the rail line, Compl. ¶ 7.

Just short of six years later, on December 30, 2008, Geneva Rock filed suit, alleging an uncompensated taking of its property contravening the Fifth Amendment. The complaint’s caption identifies the named plaintiff as acting “For [Itself] and As Representative[] of a Class of Similarly Situated Persons.” Compl. at 1. The complaint contains two counts. In the first count, Geneva Rock alleges that the government effected a taking by issuing a NITU for a railway that lay across its property. Compl. ¶¶ 3-13. In the second count, Geneva Rock requests certification of a class consisting of adversely affected residuary landowners, claiming that the proposed class meets all of the requirements of Rule 23 of the Federal Rules of Civil Procedure. Compl. ¶¶ 14-16 and the prayer.4 In neither count, however, did Geneva Rock indicate the number or identity of the putative class members.

On May 7, 2009, the parties jointly requested that the case be stayed pending the appeal of Fauvergue v. United States, 86 Fed.Cl. 82 (2009), in the Federal Circuit. The trial court in Fauvergue had held that putative class members were barred from opting into a class after the statute of limitations ran on their claim, even if the pertinent class-action complaint was filed before the statute of limitations expired. Id. at 93. The parties recognized that the Federal Circuit’s decision in that case could prove to be dispositive of Geneva Rock’s request for class certification. A stay accordingly was entered on June 16, 2009. Subsequently, on May 3, 2010, the Federal Circuit reversed the Fau-vergue trial court’s dismissal of the class action claims, sub nom. Bright v. United States, 603 F.3d 1273 (Fed.Cir.2010), holding that when a class action complaint is filed that seeks class certification prior to the expiration of the limitations period, that “period is tolled during the [time] the court allows potential class members to opt in to the class.” Id. at 1274.

Promptly thereafter, on May 14, 2010, the court lifted the stay in this ease and ordered Geneva Rock to file a motion for class certification. Such a motion was filed on June 2, 2011, and was opposed by the government primarily on the grounds that Geneva Rock’s motion was not supported by sufficient evidence, that the putative class is not so numerous that joinder is impractical, and that Geneva Rock did not establish that its claim would be common or typical of the class. Def.’s Opp’n at 10, 20. The government secondarily contended that the claims of the putative class members were time barred because class certification was not sought prior to the expiration of the limitations period. Id. at 22. The court held a hearing on the motion for class certification on August 8, 2011. At the hearing, the government contended that the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes, — U.S. —, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), requires this court to address the merits of the takings claim in considering the plaintiffs motion for class certification and especially in resolving the dispute over tolling of the limitations period. In light of that argument, the court requested supplemental briefing from the parties to consider the government’s contentions based on Wab-[782]*782Mart in more detail. Illumined by the parties’ supplemental briefs, the question of class certification is ripe for disposition.

STANDARDS FOR DECISION

In this court, class actions are governed by RCFC 23. This rule closely tracks the language of its analogue in the Federal Rules of Civil Procedure, and consequently this court has often looked to cases applying Fed. R.Civ.P. 23 to interpret RCFC 23. See, e.g., Barnes v. United States, 68 Fed.Cl. 492, 494 n. 1 (2005). Despite the general symmetry between the two rules, they differ in several critical respects. These distinctions will be addressed infra in some detail.

Under RCFC 23, the criteria for a class action are as follows:

(a) Prerequisites. One or more members of a class may sue as representative parties on behalf of all members only if:
(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

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Bluebook (online)
100 Fed. Cl. 778, 2011 U.S. Claims LEXIS 1881, 2011 WL 4099150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geneva-rock-products-inc-v-united-states-uscfc-2011.