Hygienics Direct Co. v. Medline Industries, Inc.

33 F. App'x 621
CourtCourt of Appeals for the Third Circuit
DecidedApril 8, 2002
Docket00-4391
StatusUnknown
Cited by9 cases

This text of 33 F. App'x 621 (Hygienics Direct Co. v. Medline Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hygienics Direct Co. v. Medline Industries, Inc., 33 F. App'x 621 (3d Cir. 2002).

Opinion

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Defendant Medline Industries, Inc., appeals the District Court order denying its Motion for Assessment of Costs and Attorneys’ Fees and Expenses against plaintiffs Hygienics Direct Company, Hygienics Telemarketing, Inc., and Hygienics Consolidated, Inc. We will affirm.

I.

Hygienics Direct Company (“HDC”), Hygienics Telemarketing, Inc. (“HTI”), and Hygienics Consolidated, Inc. (“HCI”), filed suit on July 24, 1998, against Medline Industries, Inc. (“Medline”), Child Home-care Corporation of America (“CHCA”), and The Alliance for Children’s Hospitals, Inc. (“the Alliance”), in the United States District Court for the Eastern District of Pennsylvania to recover damages for breach of contract, misappropriation of trade secrets, and other claims arising under state law. HTI and HCI are Pennsylvania corporations and general partners of HDC (collectively “Hygienics”). Medline is an Illinois corporation, CHCA is a Delaware corporation, and the Alliance is a Kansas corporation. The complaint asserted diversity of citizenship jurisdiction pursuant to 28 U.S.C. § 1332.

Hygienics, a marketing and distribution company, entered into confidentiality agreements with Medline and the Alliance to develop its plan of marketing pediatric medical supplies to discharged hospital patients. Hygienics alleges that after disclosing . its trade secrets to defendants, the defendants implemented Hygienics’ business plan without including Hygienics in the venture. Hygienics claims that in doing so, defendants breached the confidentiality agreements, misappropriated Hygienics’ business plan, and deprived Hygienics of the financial benefits of implementing the plan.

Hygienics sought injunctive relief and monetary damages. It provided a report from an expert that approximated damages at $500 million. However, on September 22, 1998, HDC voluntarily withdrew its Motion for Preliminary Injunction because it believed there was insufficient evidence to support the irreparable harm element necessary for a preliminary injunction.

After extensive discovery, defendants moved to exclude Hygienics’ expert witness and also moved for summary judgment. On April 6, 2000, while these motions were pending, defendants filed a Suggestion of Lack of Subject Matter Jurisdiction, disputing diversity. The defendants based their Suggestion on a current Pennsylvania fictitious name registration statement for HDC that disclosed Interactive Marketing Venture, Inc. (“IMV”), a Delaware corporation, as a partner when the complaint was filed. Defendants contended that because CHCA was also a Delaware corporation there was a lack of complete diversity between plaintiffs and defendants.

On August 10, 2000, the action was reassigned from one district judge to another. Hygienics asserted that IMV had withdrawn from HDC more than two years before the litigation was initiated and that *624 IMV had transferred all of its interests to HCI. However, the District Court was not convinced that IMV’s partnership interest in HDC was terminated when the action commenced. The court noted that the alleged Withdrawal Agreement proffered by Hygienics was facially unreliable because it did not indicate IMV as the withdrawing partner and that Hygienics’ tax records provided no evidence that IMV had clearly withdrawn.

On September 27, 2000, the District Court ruled that Hygienics had failed to carry its burden of proving complete diversity and dismissed the action for lack of subject matter jurisdiction, effective October 4, 2000. Although the court noted that there was evidence that supported a finding of diversity, it held that Hygienics failed to show by a preponderance of the evidence that IMV had completely withdrawn from the partnership by the time the action was commenced. The District Court allowed HDC the opportunity to submit additional jurisdictional evidence, but HDC declined and opted to continue the action in the Pennsylvania Court of Common Pleas. The court’s order became final on October 10, 2000. Hygienics did not appeal the dismissal.

On October 12, 2000, Medline, CHCA, and the Alliance filed a Bill of Costs with the Clerk of the District Court and moved to assess costs, fees and expenses pursuant to Federal Rule of Civil Procedure 54(d), 28 U.S.C. §§ 1919, 1920, 1927, and the court’s inherent power. The defendants sought assessment of reporter’s costs, witness fees, copy expenses, and attorneys’ fees totaling $346,093.46. The defendants contended that costs should be awarded because Hygienics knowingly continued an action without subject matter jurisdiction, made an unsubstantiated motion for a preliminary injunction, and fabricated a $500 million expert damage report.

On November 28, 2000, the District Court issued an Order denying the requested assessment. The order in full reads:

AND NOW, this 28th day of November, 2000, upon consideration of Defendant Medline, Inc.’s Motion for Assessment of Costs and Attorneys’ Fees and Expenses (Docket # 162), Defendants Child Health Corporation of America and The Alliance for Children’s Hospitals, Inc.’s Motion for Attorneys’ Fees and Costs (Docket # 163), and the responses and replies thereto, as Plaintiffs had plausible grounds for asserting the existence of federal jurisdiction, notwithstanding the fact that Plaintiffs Complaint was ultimately dismissed after an intensive review demonstrated that Plaintiffs had fallen short of meeting their burden to demonstrate the existence of jurisdiction, and as Plaintiffs’ procedural motions and practice before this Court during the pendency of this action prior to dismissal had a reasonable basis and were not vexatious or frivolous, IT IS HEREBY ORDERED that Defendants’ Motions are DENIED.

App. I at 24. Only Medline appeals the November 28, 2000 Order.

II.

A. Federal Rule of Civil Procedure 54(d) and 28 U.S.C. § 1920

We need spend little time on Med-line’s argument that we should remand this matter to the District Court for the taxation of ordinary costs awardable under Rule 54(d) and 28 U.S.C. § 1920.

Rule 54(d)(1) provides:
Except when express provision therefor is made either in a statute of the United States or in these rules, costs other than attorneys’ fees shall be al *625 lowed as of course to the prevailing party unless the court otherwise directs ...

Because there is a statute, 28 U.S.C. § 1919, that expressly covers the situation here, i.e., dismissal for lack of subject matter jurisdiction, Rule 54(d)(Z) is not applicable.

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Bluebook (online)
33 F. App'x 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hygienics-direct-co-v-medline-industries-inc-ca3-2002.