Pickens v. GLR Constructors, Inc.

196 F.R.D. 69, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20092, 2000 U.S. Dist. LEXIS 12050
CourtDistrict Court, S.D. Ohio
DecidedAugust 16, 2000
DocketNo. C-93-790
StatusPublished
Cited by9 cases

This text of 196 F.R.D. 69 (Pickens v. GLR Constructors, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pickens v. GLR Constructors, Inc., 196 F.R.D. 69, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20092, 2000 U.S. Dist. LEXIS 12050 (S.D. Ohio 2000).

Opinion

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Relator’s Motion to Review the Taxation of Costs (doc. 507); Defendant GLR’s Response (doc. 509); and Relator’s Reply (doe. 510). In addition, the Court held a hearing in this matter on March 3, 2000 (see doe. 511).

BACKGROUND

Relator Earl O. Pickens filed a two-count Complaint on behalf of the United States of America (hereinafter, the “Government”) under the False Claims Act (hereinafter, the “FCA”) against several named Defendants, including the sole Defendant to this Motion, GLR Constructors, Inc. (doc. 1). See Title 31 U.S.C. § 3729, et seq., “False Claims.” This qui tam action was filed under seal in November of 1993 (Id.). See Title 31 U.S.C. 3730(b), “Actions by private persons.”

The Complaint alleges that, three Defendants — Kanawha River Towing, Inc., G & C Towing, Inc., and GLR Constructors, Inc.— violated the FCA by dumping oily bilge slop from tow boats engaged in an Army Corps of Engineers contract to build new locks on the Ohio River at Gallipolis, Ohio (Id.). The Government investigated Relator’s claims and chose not to intervene in this action (doc. 14) . Thereafter, the Complaint was unsealed and served upon all named Defendants, including Defendant GLR, in July of 1995 (doc. 15) .

[71]*71Over the course of the next few years, two of the Defendants, Kanawha River Towing and G & C Towing settled, returning approximately $875,000 to the United States (see doc. 507). Additionally, Kanawha River Towing also entered a criminal guilty plea to violations of the Clean Water Act based on the information uncovered by Relator (see docs. 41, 162 & 320). The case against the sole remaining Defendant, GLR Constructors, Inc., proceeded to trial on December 5, 1997 (see doc. 391).

On October 13, 1999, the Sixth Circuit Court of Appeals set out the factual and procedural history of this case when it considered Relator’s direct appeal of this Court’s denial of Petitioner’s motion for a new trial (see docs. 484 & 485) that was filed subsequent to a favorable jury verdict for Defendant GLR (see docs. 462, 463, 484 & 485).1 The Court repeats the factual and procedural history as set forth in United States ex rel. Pickens v. GLR Constructors, Inc., 194 F.3d 1314, 1999 WL 970327, at *1 (6th Cir. Oct. 13, 1999) (unpublished disposition) (doc. 503):

Pickens was employed at various times by G & C Towing, Inc., and by Kanawha River Towing, Inc., as a deck hand on the companies’ tow boats involved in the construction of new locks on the Ohio River near Gallipolis, Ohio. G & C Towing and Kanawha River Towing subcontracted to provide services for GLR Constructors, the prime contractor for the massive project, which eventually resulted in payments of approximately $235 million from the United States Government to GLR Constructors beginning in 1987.
Pursuant to the contract between the United States Army Corps of Engineers and GLR, the construction company and the company’s subcontractors were required to use their “best efforts” to abide by applicable federal environmental laws and regulations “at the facility in which the contract is being performed.” Because Pickens contends that tow boats used in the construction process continuously discharged pollutants into the Ohio River, he filed suit against GLR and the towing companies under the False Claims Act, insisting that requests by the defendants for payment under the contract without complying with contractual environmental provisions amounted to fraudulent demands on the public treasury.
Pickens eventually settled his claims against the towing companies and proceeded to trial against GLR, a joint venture of S.J. Groves & Sons Co., Dillingham Construction, N.A., Inc., Harbert International, Inc., and Guy F. Atkinson Construction Co. After a protracted trial, the jury rendered judgment in favor of the defendant, finding that GLR did not knowingly submit false claims to the government for its construction work. The district court subsequently denied Pickens’s motion for a new trial, but did order the defendant to pay Pickens $41,711.35 in attorneys’ fees and costs due to the defendant’s dilatoriness in providing the relator with discoverable information prior to trial.2
On appeal, the relator contends that the defendant did not adduce sufficient evidence at trial to support the jury’s conclusion that there were no environmental violations at the construction site that were or should have been known by the defendant. Consequently, he insists that GLR’s requests for payment under the contract were fraudulent. Pickens further claims on appeal that the district court erred in denying him a new trial based [on] the defendant’s failure to provide timely discovery of certain photographs and a videotape, and that prejudicial error resulted from the district court’s decision to allow a senior Corps of Engineers official to testify as to that official’s belief that he could not withhold contractual payments for noneompliance with environmental provisions of the parties’ agreement.

Pickens, 1999 WL 970327, at *1. The Sixth Circuit ultimately held that, “based on the [72]*72extensive analysis set out in the district court’s order denying Pickens’s motion for a new trial, we affirm the judgment of the district court.” Id. at *2.

Finally, this Court notes the fact that the Sixth Circuit did not address the issue of litigation costs or attorney fees in its review of our July 24, 1998 Order (see doc. 503). Moreover, the Sixth Circuit’s Mandate that was issued on December 7, 1999, specifically stated that there would be “[n]o costs taxed” in this action (see doc. 504).

On December 15, 1999, Defendant GLR Constructors submitted a “Bill of Costs” to the Clerk of this Court requesting that the Clerk award Defendant a summarized list of its litigation costs (see doc. 505, Ex. A).3 Shortly thereafter, the Clerk granted Defendant’s Bill of Costs. That resulted in Defendant’s litigation costs being taxed against Relator in the requested amount of $34,695.38 (see doc. 506). On March 3, 2000, Relator filed a timely Motion to Review the Taxation of Costs pursuant to Rule 54(d)(1) of the Federal Rules of Civil Procedure (doc. 507), followed by Defendant’s Response (doc. 509), and Relator’s Reply (doc. 510). In addition, the Court held a hearing in this matter on May 3, 2000 (see doc. 511).

RULE 54(d) OF THE FEDERAL RULES OF CIVIL PROCEDURE4

Rule 54 of the Federal Rules of Civil Procedure provides that, “costs shall be allowed as of course to the prevailing party unless the court otherwise directs.” Fed.R.Civ.P. 54.

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196 F.R.D. 69, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20092, 2000 U.S. Dist. LEXIS 12050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickens-v-glr-constructors-inc-ohsd-2000.