Hancock Industries v. Schaeffer
| Decision Date | 06 February 1987 |
| Docket Number | No. 86-1266,86-1266 |
| Citation | 811 F.2d 225 |
| Parties | , 55 USLW 2454, 1987-1 Trade Cases 67,429, 6 Fed.R.Serv.3d 1238, 17 Envtl. L. Rep. 20,728 HANCOCK INDUSTRIES and Ace Service Corp. and Eastern Waste Removal and Charles Crumbley, Inc. and Edward Lawrenson, Inc. v. SCHAEFFER, Erik J., individually and in his official capacity as Executive Director of Chester County Solid Waste Authority, and Chester County Solid Waste Authority and County of Chester and Petaccio, Victor, individually and in his official capacity as Executive Director of Delaware County Incinerator (Solid Waste) Authority, and Delaware County Incinerator (Solid Waste) Authority and County of Delaware Appeal of HANCOCK INDUSTRIES, Ace Service Corporation, Eastern Waste Removal and Edward Lawrenson, Inc. |
| Court | U.S. Court of Appeals — Third Circuit |
Nolan N. Atkinson, Jr., Mark Lipowicz (argued), Atkinson & Archie, Philadelphia, Pa., for appellants.
Joseph A. Tate (argued), Stephen D. Brown, Alison M. Benders, Schnader, Harrison, Segal & Lewis, Jon A. Baughman, Jonathan A. Broder, Pepper, Hamilton & Scheetz, Philadelphia, Pa., James E. McErlane, Lamb, Windle & McErlane, West Chester, Pa., for appellees J. Erik Schaeffer, Chester County Solid Waste Authority, and County of Chester.
Before SLOVITER and STAPLETON, Circuit Judges, and FARNAN, District Judge. *
The Chester County Solid Waste Authority ("Chester Authority") owns and operates the Lanchester Landfill. The Delaware County Incinerator (Solid Waste) Authority ("Delaware Authority") owns and operates the Colebrookdale Landfill. This lawsuit by private haulers of Philadelphia solid waste was precipitated by the closing of these landfills to waste originating outside of the respective counties other than that which the Authorities were required to accept by contract. The haulers, who sought access to the landfills through this suit, appeal a grant of summary judgment in favor of the defendants. Because the haulers challenge the procedure followed by the district court, we first trace the course of the proceedings in the district court.
On June 4, 1985, the haulers filed suit against the Chester Authority, its executive director, J. Erik Schaeffer, and Chester County for closing the Lanchester Landfill to out-of-county waste not contracted for, and against the Delaware Authority, its executive director, Victor Petaccio, and Delaware County for closing the Colebrookdale Landfill to out-of-county waste. The haulers alleged that the closings violated their rights under the equal protection clause, the due process clause, and the federal antitrust laws.
Also on June 4, the haulers moved ex parte for a temporary restraining order and accelerated discovery. The district court denied the motion for a temporary restraining order, stating that if the haulers were unable to reach an accommodation with the defendants before June 30, 1985, the date that out-of-county waste would be excluded from the Lanchester Landfill, the court would schedule a hearing on the haulers' motion for a preliminary injunction. The court did not rule on the motion to accelerate discovery and the haulers did not pursue the matter. On June 26, 1985, the haulers renewed their motion for a preliminary injunction.
On June 28, 1985, defendants Petaccio, the Delaware Authority, and Delaware County filed a motion to dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. On July 1, 1985, defendants Schaeffer and the Chester Authority filed a motion to dismiss for failure to state a claim. Also on July 1, the district court entered an order setting a "preliminary injunction hearing" for July 5 and requiring submission of proposed facts and conclusions of law by July 3. At a conference with the parties on July 1, the district court advised that the other pending motions might also be considered at the July 5 hearing. On July 3, defendant Chester County filed a motion to dismiss for failure to state a claim or, in the alternative, for summary judgment.
On July 3, the haulers filed a motion to postpone consideration of summary judgment and permit discovery pursuant to Fed.R.Civ.P. 56(f). At the hearing on July 5, the haulers renewed this request. Suggesting that only legal issues were in dispute, the district court sought to determine what material facts the haulers hoped to uncover through discovery. The haulers asserted that discovery was necessary to determine whether or not a rational basis existed for the decision to close the landfills to out-of-county waste.
To "create some kind of record ... either for summary judgment argument or for a preliminary injunction hearing," and to determine therefrom "what material facts may or may not be in dispute," app. at 192, the court permitted various defense witnesses to testify and be cross-examined, admitted stipulated facts into evidence, and accepted the parties' proffers as to what their witnesses would say if they testified. Before closing arguments, the court inquired whether plaintiffs still pursued their Rule 56(f) motion and, if so, as to what facts. Plaintiffs stated that they did and that "additional testimony is required on the issue of the actions taken by the officials at the Lanchester Landfill on the overall ultimate issues as to arbitrariness or whether there was a rational basis for their actions." Id. at 278.
In a bench opinion on July 5, the district court denied the haulers' motion for a preliminary injunction, finding that they were unlikely to succeed on any of their claims. The court further granted defendants summary judgment on the due process claim, because the haulers had no property right at stake, and on the antitrust claim, because the defendants were immune under the state action exemption to the federal antitrust laws and, even if not, their actions did not violate the antitrust laws. In a written opinion filed August 7, the district court elaborated upon its reasoning and made findings of fact, some of which were based upon the testimony of the defense witnesses. The court granted the haulers thirty days discovery on the equal protection claim, but rejected the Rule 56(f) motion as to the due process and antitrust claims on the ground that no material facts were in dispute. The haulers thereafter conducted discovery directed to the issue of whether the actions of the Authorities had a rational basis.
Later in August, defendants Schaeffer, the Chester Authority, and Chester County renewed their request for summary judgment on the equal protection claim. On December 9, finding that plaintiffs failed to establish the existence of any genuine issue of material fact, the district court granted summary judgment on the equal protection claim on the ground that "the distinction between in-county and out-of-county trash drawn by the Authority bears a rational relationship to the statutory obligation imposed on the county to provide for adequate and safe disposition of solid waste generated within Chester County." Hancock Industries v. Schaeffer, 625 F.Supp. 373, 377 (E.D.Pa.1985).
The haulers appeal the orders of summary judgment on their antitrust and equal protection claims as to defendants Schaeffer, the Chester Authority, and Chester County, but do not appeal similar orders of summary judgment granted in favor of defendants Petaccio, the Delaware Authority, and Delaware County. The haulers also do not appeal the grant of summary judgment in favor of defendants on the haulers' due process claim.
The haulers first assert that the district court erred in granting summary judgment on their antitrust claim without giving the minimum notice required by Fed.R.Civ.P. 56(c) and further erred in denying the haulers' Rule 56(f) motion for a continuance of the summary judgment proceeding to permit the haulers to conduct discovery. In addition, the haulers argue that the district court improperly granted summary judgment on both the antitrust and equal protection claims based on the district court's assessment of the credibility of the witnesses at the July 5 evidentiary hearing.
Before the July 5 hearing, Schaeffer and the Chester Authority sought dismissal pursuant to Rule 12(b)(6). Rule 12(b) provides that if, on a Rule 12(b)(6) motion, "matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56." Because the Chester County defendants tendered "matters outside the pleading," the district court had the option of treating their Rule 12(b)(6) motions as motions for summary judgment. This court has held, however, that the "reasonable opportunity" provision of Rule 12(b) incorporates the minimum notice provision of Rule 56(c). "To exercise the right to oppose summary judgment, a party must have notice." Bryson v. Brand Insulations, Inc., 621 F.2d 556, 559 (3d Cir.1980). "Thus litigants are entitled to 10 days notice before a Rule 12(b)(6) motion to dismiss may be converted into a Rule 56 motion for summary judgment." Crown Central Petroleum Corp. v. Waldman, 634 F.2d 127, 129 (3d Cir.1980); accord Winkleman v. New York Stock Exchange, 445 F.2d 786, 789 (3d Cir.1971).
In this case, the haulers were not provided with 10 days notice that summary judgment would be considered at the July 5 hearing. Nonetheless, we find that the failure to comply with the minimum notice requirement of Rule 56(c) was harmless error in the context of this case. In Davis Elliott International, Inc. v. Pan American Container Corp., 705 F.2d 705 (3d Cir.1983), we noted that even where the 10 day notice requirement has been violated, a grant of summary judgment for a...
To continue reading
Request your trial
-
Hass v. Oregon State Bar
...decide that issue."). We are aware of one circuit court opinion in which the question has been addressed. See Hancock Industries v. Schaeffer, 811 F.2d 225, 232 n. 4 (3d Cir.1987). There, the court, albeit without extended discussion, excused both a political subdivision and an agency of th......
-
Bradley v. Pittsburgh Bd. of Educ.
...no set of facts on which plaintiff could possibly recover. See Brobst, 761 F.2d at 155; cf. Rose, 871 F.2d at 342; Hancock Indus. v. Schaeffer, 811 F.2d 225 (3d Cir.1987). We proceed to examine plaintiff's claims under this standard, looking to the permissible sources, which in this case ar......
-
Luthe v. City of Cape May
...in favor of the non-moving party. See, e.g., Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995); Hancock Indus. v. Schaeffer, 811 F.2d 225, 231 (3d Cir.1987). Under the rule, a movant must be awarded summary judgment on all properly supported issues identified in its motion,......
-
Stewart Title Guar. v. Greenlands Realty, L.L.C.
...in favor of the non-moving party. See, e.g., Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995); Hancock Indus. v. Schaeffer, 811 F.2d 225, 231 (3d Cir.1987). Under the rule, a movant must be awarded summary judgment on all properly supported issues identified in its motion,......
-
Discovery and Expert Testimony
...445 U.S. 97, 105 (1980) (quoting City of Lafayette v. La. Power & Light Co., 435 U.S. 389, 410 (1978)). 3. Hancock Indus. v. Schaeffer, 811 F.2d 225, 234 (3d Cir. 1987) (citing Hoover v. Ronwin, 466 U.S. 558, 581 n.34 (1984)); see also Buckley Const., Inc. v. Shawnee Civic & Cultural Dev. A......
-
Table of Cases
...aff’d , 46 F.3d 70 (11th Cir. 1995), 194, 199 Gulf Oil Corp. v. Copp Paving Co., 419 U.S. 186 (1974), 45 H Hancock Indus. v. Schaeffer, 811 F.2d 225 (3d Cir. 1987), 88, 189 Hardy v. City Optical, 39 F.3d 765 (7th Cir. 1994), 56, 135, 190 Harlow v. Fitzgerald, 457 U.S. 800 (1982), 186 Harris......
-
Table of Cases
...840 (9th Cir. 1982), 283 Hall v. United Air Lines, Inc., 296 F. Supp. 2d 652 (E.D.N.C. 2003), 309, 311, 312 Hancock Indus. v. Schaeffer, 811 F.2d 225 (3d Cir. 1987), 119 Hans v. Louisiana, 134 U.S. 1 (1890), 126 Hansen v. Norfolk & W. Ry. Co., 689 F.2d 707 (7th Cir. 1982), 182 Hardy v. City......
-
General Application of the Doctrine
...be respected without reference to the subjective motivations of persons implementing the state’s policy”); Hancock Indus. v. Schaeffer, 811 F.2d 225, 234 (3d Cir. 1987) (“subjective motivation of public decision makers is irrelevant to state antitrust immunity analysis”). 202. 499 U.S. at 3......