Lanterman v. United States

75 Fed. Cl. 731, 2007 U.S. Claims LEXIS 82, 2007 WL 861093
CourtUnited States Court of Federal Claims
DecidedMarch 20, 2007
DocketNo. 06-302C
StatusPublished
Cited by10 cases

This text of 75 Fed. Cl. 731 (Lanterman 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
Lanterman v. United States, 75 Fed. Cl. 731, 2007 U.S. Claims LEXIS 82, 2007 WL 861093 (uscfc 2007).

Opinion

OPINION

BRUGGINK, Judge.

This is a pro se action brought by plaintiff, George Richard Lanterman, Jr. He claims that the United States Postal Service’s termination for default of his contract for postal box delivery services was a breach of contract. Plaintiff filed suit in this court for damages for the alleged breach in the amount of $500,000. Pending now is defendant’s motion for summary judgment.

Plaintiff has not responded to defendant’s motion. The court contacted plaintiff by email to inform him that his response to the motion was overdue and that he should file his response as soon as possible. Because plaintiff did not respond, we must assume that the allegations in Defendant’s Proposed Findings of Uncontroverted Fact, to the extent grounded in defendant’s supporting materials, are correct. For the reasons set out below, we grant defendant’s motion and dismiss the complaint.

BACKGROUND

On May 12, 2003, plaintiff was awarded contract number 923A6 (“contract”) for postal box delivery services for the term May 17, 2003 through June 30, 2006. The contract required plaintiff to perform daily service, with the exception of Sundays and holidays, from Mentone, California to Angelus Oaks, California.

Within three months after the commencement of the contract term, the Postal Service issued “Contract Route Irregularity Report” Postal Service Forms 5500 (“irregularity reports”) regarding asserted deficiencies in plaintiffs performance. The Postal Service continued to issue irregularity reports to plaintiff through February 2005, the month prior to contract termination. Because plaintiff failed to respond to the numerous irregularity reports and problems persisted, the Postal Service convened a conference with plaintiff on January 26, 2005 to discuss his performance. Among the problems addressed were: plaintiffs failure to provide service on two days in October 2004, three days in November 2004, and one day in January 2005; plaintiffs various failures to screen employees as required by the contract; plaintiffs failure to wear proper uniform while performing duties under the contract; and plaintiffs permitting access to mail by unauthorized individuals. Plaintiff was present at the conference and was represented by counsel, Roger L. Heaton. The Postal Service issued three more irregularity reports after the conference.

The Postal Service also raised behavioral problems which occurred during the term of the contract. On September 28, 2004, plaintiff received a letter from Mr. Robert J. Saxton, Manager of Transportation Contracts of the Postal Service, informing plaintiff that he would be denied access to mail due to his disruptive behavior. The letter based the denial of access on plaintiffs “past angry outbursts with postal officials” at two post offices and “extremely inappropriate and unwanted behavior” toward Ms. Rose Chaney, a postal employee. Letter from Robert J. Saxton, Manager, Transp. Contracts, United States Postal Service, to George Lanterman, Jr. (Sept. 28, 2004). The letter stated that plaintiffs actions were “disturbing” and that they caused concern about “the safety and welfare of all involved.” Id. On October 20, 2004, plaintiff, in a phone call to the Contract Specialist, Ms. Barbara Avila, “became so rude and loud that [she] was forced to end the conversation with him.” Decl. of Barbara Avila at II7. After the first phone conversation ended, plaintiff called back and “began to yell at [her] in the same rude manner,” and Ms. Avila once again ended the conversation. Id. [733]*733at 118. Plaintiff continued to “verbally harass [Ms. Avila,] making a myriad of accusations in a loud, aggressive manner.” Id. at 1110.

On March 3, 2005, Ms. Janet Arizaga, a postmaster, discussed a potential safety issue with plaintiffs wife about a pile of parcels she had stacked too high. Shortly after-wards, plaintiff called Ms. Arizaga and accused her of harassing his wife in a “rude, angry tone” and twice said “I’m going to take you down.” Arizaga Aff. 111110, 12. The postmaster was “so shaken” by this event, that she requested to leave work early that day and to be temporarily placed in a different facility to “ensure [her] safety.” Id. at 111115-17.

On March 4, 2005, based on concerns over the foregoing conduct, the contracting officer temporarily suspended plaintiff’s contract. The letter informing plaintiff of the suspension noted that even after the denial of access to mail on September 28 because of his “abusive and disruptive behavior toward postal personnel,” plaintiff continued such behavior and “directly threatened the Postmaster” on March 3, 2005. Letter from Karen L. Devine, Acting Manager, Transp. Contracts, United States Postal Services, to George R. Lanterman, Jr. (Mar. 4, 2005). The contracting officer issued a final decision on April 20, 2005, terminating the contract for default effective March 4, 2005. The bases for the termination were Section H.5.g(c) of the contract, which requires maintenance of good character, and Section H.5.b, which provides that violation of Postal laws and regulations constitutes a default, subjecting the contract to termination.

On April 17, 2006, plaintiff filed suit here, claiming that defendant breached the contract by terminating his right to perform service under the contract. Plaintiff alleges that he fulfilled all the tasks required under the contract except when “he was prevented from performing by Defendant.” Compl. at II6. In view of plaintiffs failure to respond to the motion for summary judgment, oral argument is deemed unnecessary.

DISCUSSION

A motion for summary judgment is granted when, “examined in a light most favorable to the non-movant, the record indicates ‘that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’” Flexfab, L.L.C. v. United States, 424 F.3d 1254, 1259 (Fed.Cir.2005) (quoting Rules of the United States Court of Federal Claims 56(c)). The moving party bears the burden of demonstrating “an absence of evidence to support the non-moving party’s ease.” Sweats Fashions, Inc. v. Pannill Knitting Co., Inc., 833 F.2d 1560, 1563 (Fed.Cir.1987) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Moreover, this burden on the moving party is not to produce evidence showing such an absence, but rather, to point out “that there is an absence of evidence to support the non-moving party’s case.” Sweats Fashions, 833 F.2d at 1563. “Where a movant has supported its motion with affidavits or other evidence which, unopposed, would establish its right to judgment, the non-movant may not rest upon general denials in its pleadings or otherwise, but must proffer countering evidence sufficient to create a genuine factual dispute.” Id. at 1562. The underlying question here is whether defendant breached the contract by terminating plaintiffs contract for default.

“[A] contracting officer has broad discretion to determine whether to terminate a contract for default.” Consol. Indus., Inc. v. United States, 195 F.3d 1341, 1343 (Fed.Cir.1999).

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75 Fed. Cl. 731, 2007 U.S. Claims LEXIS 82, 2007 WL 861093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanterman-v-united-states-uscfc-2007.