Patton v. United States

64 Fed. Cl. 768, 2005 U.S. Claims LEXIS 75, 2005 WL 681241
CourtUnited States Court of Federal Claims
DecidedMarch 23, 2005
DocketNo. 01-161 C
StatusPublished
Cited by50 cases

This text of 64 Fed. Cl. 768 (Patton 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
Patton v. United States, 64 Fed. Cl. 768, 2005 U.S. Claims LEXIS 75, 2005 WL 681241 (uscfc 2005).

Opinion

OPINION AND ORDER

GEORGE W. MILLER, Judge.

This matter is before the Court on Plaintiffs Motion for Partial Summary Judgment and Defendant’s Motion to Dismiss, or in the Alternative, for Partial Summary Judgment. Oral argument was deemed unnecessary. For the reasons set forth below, Defendant’s Motion to Dismiss is GRANTED, and Defendant’s Motion for Partial Summary Judgment and Plaintiffs Motion for Partial Summary Judgment are DENIED AS MOOT.

BACKGROUND1

Plaintiff, Thomas Patton, is asserting, inter alia, a claim for breach of an alleged implied-in-fact contract between plaintiff and the Federal Bureau of Investigation (“FBI”). According to plaintiff, the FBI promised Mr. Patton that it would pay the rental fee for two storage units in which Patton was storing his personal belongings. The FBI failed to pay the monthly storage fees and Patton’s personal property was auctioned to satisfy the arrears. Plaintiff is seeking damages in the amount of $182,000.

On or about June 20, 1989, Mr. Patton, along with other persons, was arrested by the FBI for criminal activities. Compl. ¶ 14. In late December 1989, Mr. Patton met with FBI Special Agents (“SAs”) Richard Leahy and Malynda Irby of the FBI’s Miami, Florida Division, to discuss the possibility of Mr. Patton’s cooperating with the FBI by serving as a witness against those persons arrested with him on June 20, 1989. See Compl. ¶ 15.

On March 23, 1990, Mr. Patton signed a Plea Agreement with the United States in the case of United States v. Sam Frank Urbana, et al., Case No. 89-360-Cr-Davis (S.D.Fla.). App. to Def.’s Mot. to Dismiss (“Def.App.”) at 9-10, 12. The Plea Agreement provided, inter alia, that Mr. Patton freely and voluntarily agreed:

C. To cooperate fully and completely with the United States concerning his knowledge of and participation in all criminal activities, including the activities set forth [771]*771in this indictment. Full and complete cooperation specifically means that Thomas Patton -will consent to be interviewed and debriefed by attorneys and investigators for the United States who are working on this and other criminal matters as often as the attorneys and investigators may deem necessary and at the times and places convenient to them.
D. To testify truthfully and completely at any debriefing(s), grand jury proceeding^), trial(s) and other proceedings as the United States may require.

The Plea Agreement further provided:

5. This agreement represents the complete understanding between the United States and Thomas Patton and no other promises or agreements have been made or will be made unless set forth in writing and signed by the parties and counsel.

Id.

Later in 1990, the parties entered into a written agreement that required that, in return for Mr. Patton’s assisting the FBI in certain criminal investigations, the agency would pay him the sum of $3,000 per month (“1990 Agreement”). Def.App. at 14-19. The 1990 Agreement provided that “[tjhis document constitutes the full and complete agreement between Mr. Patton and the FBI. Modifications to this agreement will have no force and effect unless and until such modification is reduced to writing and signed by all parties thereto.” Def.App. at 17. There were no written modifications made to the 1990 Agreement regarding payment of storage fees.

In February or March 1991, FBI SAs Leahy and Irby were made aware by Mr. Patton that a storage facility in which Mr. Patton had stored his family’s personal property was about to auction off that property as a result of non-payment of storage fees. The storage fees were not incurred in connection with Mr. Patton’s work as a cooperative witness for the FBI. Rather, the Pattons had rented space in the storage facility on April 29, 1987, well before Mr. Patton had any relationship with the FBI.App. to Def.’s Partial Mot. to Dismiss and Def.’s Mot. for Summ. J. filed August 29, 2001 (“Def.2001 App.”) at 15-17. By February 6, 1991, the account at Self Storage had lapsed for nonpayment and accrued an outstanding balance of $2,593.84. Def.2001 App. at 17; Compl. 1123.

Mr. Patton sought SA Leahy’s assistance to prevent the imminent loss of the property. In an effort to assist Mr. Patton, SA Leahy negotiated with the manager of the storage facility, who agreed to accept a payment from SA Leahy of $1,000 in lieu of the $2,593.84 amount due in arrears. Def.2001 App. at 18. The parties agree that SA Leahy purchased a lock and secured the contents in the storage bays, though there is a dispute as to why he took such action. Compl. 1127.

According to a March 8, 1991 letter from the storage facility, it agreed to remove the Pattons’ two storage units from the auction list in reliance upon SA Leahy’s promise to pay the $1,000 to the storage facility before April 8, 1991. Def.2001 App. at 18. The letter also stated that the storage facility agreed to transfer the two units from Mr. Patton to SA Leahy, individually, contingent on an assignment from Mr. Patton and upon payment of $1,000 to the storage facility on or before April 8,1991. Id.

In a written communication from the FBI’s Miami Division to the Criminal Informant Unit at FBI Headquarters dated March 22, 1991, SA Leahy stated:

Prior to entering into a plea agreement with the United States and commencing his cooperation with the FBI this witness stored all of his personal property in a self-storage warehouse in Ft. Lauderdale, Florida. This property has been in storage for approximately two and a half years. This witness has been unable to make timely payments for this storage and as a result the storage facility was prepared to auction off all of his personal property to cover its fee. Based on the interceding of Miami, the property was removed from the impending auction. Actual fees owed the storage facility were $2,750.00 however, they will accept $1000.00 as full payment of the debt. Witness [redacted] has requested that $1,000.00 be paid to the Federal Self-Stor[772]*772age to cover this expense. [Redacted] has also indicted a desire to repay this one thousand dollars via anticipated cash advance following completion of his cooperation. Bureau is requested to consider this proposal and provide Miami with its response.

Def.App. at 24. SA Leahy made the payment of $1,000 to Federal Self Storage on April 16, 1991. SA Leahy advised Mr. Patton of the $1,000 payment. SA Leahy made no further payments on the storage facility. Shortly thereafter, on or about May 28, 1991, the parties entered into a written agreement that required that, in return for Mr. Patton’s assisting the FBI in certain criminal investigations, the agency would pay Mr. Patton the sum of $3,000 per month (“1991 Agreement”). Compl. Ex. A. The 1991 Agreement, which did not reference any agreement to pay storage fees, stated:

This document constitutes the full and complete agreement between Mr. Patton and the FBI. Modifications to this agreement will have no force and effect unless and until such modification is reduced to writing and signed by all parties thereto.

Compl. Ex. A If 13.

Prior to the trial in the matter of United States v. Sam Frank Urbana, et al, Case No. 89-360-Cr-Davis (S.D.Fla.), which was originally scheduled for July 29, 1991, the other persons arrested with Mr.

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Bluebook (online)
64 Fed. Cl. 768, 2005 U.S. Claims LEXIS 75, 2005 WL 681241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-united-states-uscfc-2005.