International Air Response, Inc. v. United States

80 Fed. Cl. 460, 2008 U.S. Claims LEXIS 35, 2008 WL 451732
CourtUnited States Court of Federal Claims
DecidedFebruary 15, 2008
DocketNo. 00-428C
StatusPublished
Cited by1 cases

This text of 80 Fed. Cl. 460 (International Air Response, 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
International Air Response, Inc. v. United States, 80 Fed. Cl. 460, 2008 U.S. Claims LEXIS 35, 2008 WL 451732 (uscfc 2008).

Opinion

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

The Application for Attorneys’ Fees of International Air Response, Inc. (“plaintiff’), is before the court after trial and entry of judgment in plaintiffs favor. Plaintiff asserts that it is a prevailing party in a civil action brought against the United States and entitled to attorneys’ fees, costs, and other expenses incurred during the course of the civil action. Plaintiff argues that the position of the Government, through the United States Forest Service (the “Forest Service”) and the Department of Justice, both before suit was filed and diming litigation, was not “substantially justified” pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (2000) (“the EAJA”). The travails associated with plaintiffs recovery in this case reflect poorly on the Government; now the Government has compounded them by trumpeting the reasonableness of its litigation position on the merits of plaintiffs claim. Argument is deemed unnecessary.

BACKGROUND AND PROCEDURAL HISTORY

Plaintiffs EAJA application is the culmination of litigation that has spanned nearly fourteen years; hopefully, it is also its conclusion. The court issued its trial opinion and judgment for plaintiff on March 12, 2007. Int’l Air Response, Inc. v. United States, 75 Fed.Cl. 604 (2007) (“Int’l Air IV’). Familiarity with the background facts described in that opinion is presumed; the portions material to the EAJA application follow.

[462]*462Plaintiffs predecessor entered into an agreement with the Forest Service to provide three historic aircraft to museums designated by the Forest Service. In exchange plaintiff was to receive three C-180A military transport planes, which plaintiff could modify for use as air tankers in its firefighting operations. The Forest Service, during the relevant time frame, entered into numerous such exchange agreements with a variety of aviation companies. Following criminal charges levied against an independent airplane broker and a Forest Service official responsible for most agreements, although not plaintiffs agreement, the United States Department of Agriculture, which has authority over the Forest Service, began in 1989 to scrutinize these exchange agreements.

In 1994 an action under the False Claims Act, 31 U.S.C. § 3729 (1994), was brought against all of the aviation companies involved in these exchanges, including plaintiff. See United States ex rel. Eitel v. Reagan, 898 F.Supp. 734 (D.Or.1995). After a series of appeals and remands, the case was transferred to the United States District Court for the District of Arizona. On April 29, 1998, plaintiff responded with a motion for summary judgment. On November 28, 1998, while plaintiffs motion for summary judgment was pending before the federal court in Arizona, the contracting officer issued a decision: (1) declaring the agreement between the Forest Service and plaintiff illegal and (2) determining that the Government was entitled to the return of the C-130A aircraft. On February 1,1999, the district court issued an order staying the enforcement of the action by the contracting officer and staying any deadlines pertinent to that order for appeal or review. On October 13,1999, after granting plaintiffs motion for summary judgment, the district court lifted the stay. See United States ex rel. Eitel v. Reagan, No. 97-169 (D.Ariz. Oct. 13,1999).

On July 21, 2000, plaintiff filed its complaint in the United States Court of Federal Claims. On June 1, 2001, this court granted defendant’s motion to dismiss for lack of jurisdiction and directed dismissal of the complaint without prejudice, ruling that the district court’s stay did not toll the deadline for filing an action under the Contract Disputes Act, 41 U.S.C. § 609 (2000) (the “CDA”). See Int’l Air Response, Inc. v. United States, 49 Fed.Cl. 509 (2001) (“Int’l Air /”). The United States Court of Appeals for the Federal Circuit reversed, holding that defendant was foreclosed from collaterally attacking the district court’s authority to enter the stay. See Int’l Air Response, Inc. v. United States, 302 F.3d 1363 (Fed.Cir.2002) (“Int’l Air II”). The Federal Circuit denied rehearing and rehearing en banc. See Int’l Air Response Inc. v. United States, 324 F.3d 1376 (Fed.Cir.2003) (“Int’l Air III”).

As explained more fully in the discussion section of this opinion, the Government is responsible for years of fruitless settlement discussions and rescheduled trial dates. Following the completion of a one-day, two-witness trial, the court concluded that plaintiff proved that it was a bona fide purchaser for value of the subject aircraft, thereby qualifying for the safe harbor provided by 40 U.S.C. § 544 (2000), and that defendant did not discharge its burden of proof on its counterclaim for the value of the aircraft. Int’l Air IV, 75 Fed.Cl. at 604; see 40 U.S.C. § 544 (2000) (“A deed, bill of sale, lease, or other instrument executed by or on behalf of an executive agency purporting to transfer title or other interest in surplus property under this chapter is conclusive evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee for value and without notice of lack of compliance.”).

Plaintiffs EAJA application was filed on September 14, 2007, following dismissal of defendant’s appeal of the merits decision to the Federal Circuit. Plaintiff asserts that it was the prevailing party in a civil action against the Government, both with respect to its claim for relief and defendant’s counterclaim, and that the Government’s position was not substantially justified. Originally, plaintiffs application sought $153,212.40 in attorneys’ fees and costs totaling $20,649.39.1 [463]*463In its reply brief, plaintiff reduced the amount of attorneys’ fees to $92,350.00.

DISCUSSION

1. Fees and costs under the EAJA

The EAJA directs that courts

shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs ... incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.

28 U.S.C. § 2412(d)(1)(A).

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Related

International Air Response Inc. v. United States
81 Fed. Cl. 364 (Federal Claims, 2008)

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Bluebook (online)
80 Fed. Cl. 460, 2008 U.S. Claims LEXIS 35, 2008 WL 451732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-air-response-inc-v-united-states-uscfc-2008.