United States Ex Rel. Coughlin v. International Business MacHines Corp.

992 F. Supp. 137, 1998 U.S. Dist. LEXIS 601, 1998 WL 24243
CourtDistrict Court, N.D. New York
DecidedJanuary 15, 1998
Docket93-CV-1408
StatusPublished
Cited by19 cases

This text of 992 F. Supp. 137 (United States Ex Rel. Coughlin v. International Business MacHines Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Ex Rel. Coughlin v. International Business MacHines Corp., 992 F. Supp. 137, 1998 U.S. Dist. LEXIS 601, 1998 WL 24243 (N.D.N.Y. 1998).

Opinion

MEMORANDUMÍ-DECISION and ORDER

MeAVOY, Chief Judge.

Following settlement of the instant action brought under the False Claims Act, Plaintiffs now move for an order unsealing Relators’ Memorandum in Opposition to the Proposed Settlement, an order pursuant to 31 U.S.C. § 3730(d)(1) awarding the Relators a twenty-five percent share of the settlement, and an order awarding costs and attorneys’ fees.

I. BACKGROUND

Plaintiff-Relator Robert Coughlin is a former receiving inspector at what was IBM’s manufacturing facility in Owego, New York. His original Complaint alleged that a prime government contractor, IBM Federal Systems Company (now Lockheed Martin Federal Systems), and one of its subcontractors, SCI Technologies, Inc., failed to test or properly inspect certain computer components manufactured for installation in computer systems for military aircraft and submarines. The Complaint also alleges that a number of the untested and improperly inspected components were defective and that IBM and SCI concealed these failures from the United States.

Upon his retirement from IBM in January, 1992, Mr. Coughlin notified the Department of Defense of his allegations. The United States conducted an extensive investigation of Relators’ claims, which confirmed only to a limited extent Relators’ allegations. As a result, the United States intervened in this action and negotiated a settlement with IBM, Loral Federal Systems, and Lockheed Martin Federal Systems (“Lockheed”). The proposed settlement agreement provided that Lockheed would pay the United States $200,-000 and perform certain warranty repair work, worth not more than $500,000, if such work become necessary before July 1, 1997.

Contemporaneous with the United States’ settlement offer, Relators’ then counsel, Phillips & Cohen, petitioned the Court to withdraw as counsel. After an in camera review of counsel’s motion to withdraw, the Court granted Phillips & Cohen’s request. Thereafter, Relators retained Dangel, Donlan & Fine for purposes of opposing the settlement and proceeding with the action should the settlement not be approved by the Court.

From October, 1996 through April, 1997, Relators’ new counsel conducted additional discovery in this matter and ultimately filed a lengthy objection to the proposed settlement. On July 1, 1997, the Court approved the Settlement Agreement and dismissed the action as to defendants Loral Corporation, Loral Federal Systems Company, and IBM.

II. DISCUSSION

A. Unsealing of Relators’ Opposition to the Proposed Settlement Agreement and Attached Documents

Relators now seek to unseal the documents they filed in opposition to the proposed settlement agreement. In support of their request, they argue that the documents should be available to the public so that *140 “inquires of the plaintiff and his counsel may be answered correctly and so that the public’s right to information about its government’s decisions, particularly court settlements, be preserved.”

Lockheed strongly opposes this request. It argues that the documents were produced under seal and are based on information provided to Relators pursuant to a confidentiality agreement.

The filing and service requirements of the False Claims Act (the “Act”), 31 U.S.C. § 3730(b)(2), were passed by Congress as part of substantial revisions to the False Claims Act in 1986. Legislative history reveals that the “overall intent in amending the qui tam section of the False Claims Act [was] to encourage more private enforcement suits.” S.Rep. No. 345, 99th Cong., 2d Sess. 23-24, reprinted in 1986 U.S.C.C.A.N. 5266, 5288-89. However, the government was concerned that qui tam claims might overlap with or tip a defendant off to pending criminal investigations. Id. at 24, reprinted in 1986 U.S.C.C.A.N. at 5289. As the Second Circuit recently noted, the sixty-day sealing period, in conjunction

with the requirement that the government, but not the defendants, be served, was “intended to allow the Government an adequate opportunity to fully evaluate the private enforcement suit and determine both if that suit involves matters the Government is already investigating and whether it is in the Government’s interest to intervene and take over the civil action.” A secondary objective was to prevent defendants from having to answer complaints without knowing whether the government or relators would pursue the litigation.

U.S. ex rel. Pilon v. Martin Marietta Corp., 60 F.3d 995, 999 (2d Cir.1995) (quoting S.Rep. No. 345, 99th Cong., 2d Sess. 23-24, reprinted in 1986 U.S.C.C.A.N. 5266, 5288-89).

These are not, however, the only interests protected by the service and sealing provisions in the Act. The Second Circuit went on to note that

[o]ther interests not addressed by this legislative history are also protected. For example, a defendant’s reputation is protected to some degree when a meritless qui tam action is filed, because the public will know that the government had an opportunity to review the claims but elected not to pursue them. In addition, when a potentially meritorious complaint is filed, a defendant may be willing to reach a speedy and valuable settlement with the government in order to avoid the unsealing.

Pilon, 60 F.3d at 999.

Section 3730 of the Act also envisions the lifting of the seal as to certain documents, particularly the relator’s complaint: “The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed.” 31 U.S.C. § 3730(b)(3). However, section 3730 only provides for the unsealing of the complaint and no other section of the False Claims Act references the unsealing of any other documents filed with the court.

Only three courts appear to have addressed the issue presented here: U.S. ex rel. O’Keefe v. McDonnell Douglas Corp., 902 F.Supp. 189, 190-92 (E.D.Mo.1995), United States v. CACI Int’l Inc., 885 F.Supp. 80, 83 (S.D.N.Y.1995), and United States ex rel. Mikes v. Straus, 846 F.Supp. 21, 23 (S.D.N.Y.1994). In each instance the court allowed limited disclosure of documents filed in camera. O’Keefe, 902 F.Supp. at 192; CACI, 885 F.Supp. at 83; Mikes, 846 F.Supp. at 23.

All three courts reasoned that because the False Claims Act permits in camera submissions, the statute necessarily gives the court discretionary authority over whether to maintain the secrecy of such submissions. O’Keefe, 902 F.Supp. at 192; CACI, 885 F.Supp. at 81;

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Bluebook (online)
992 F. Supp. 137, 1998 U.S. Dist. LEXIS 601, 1998 WL 24243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-coughlin-v-international-business-machines-corp-nynd-1998.