Dalkilic v. Titan Corp.
| Decision Date | 29 August 2007 |
| Docket Number | Civil No. 05CV0916 JAH (AJB). |
| Citation | 516 F.Supp.2d 1177 |
| Parties | Savas DALKILIC and Tuncay Celik, Plaintiffs, v. TITAN CORP. and SOS International, Ltd., Defendants. |
| Court | U.S. District Court — Southern District of California |
Paul L. Hoffman, Schonbrun Desimone Seplow Harris and Hoffman, Venice, CA, for Plaintiffs.
Ari S. Zymelman, F. Whitten Peters, Williams and Connolly, LLP, Alison L. Doyle, McKenna Long and Aldridge, Washington, DC, Cheryl Lynn Barr, L-3 Communications Titan Corporation, Koji F. Fukumura, Cooley Godward Kronish, Robert S. Brewer, Jr., McKenna Long and Aldridge, Timothy Man Horton, Latham and Watkins, San Diego, CA, for Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' JOINT MOTION FOR JUDGMENT ON THE PLEADINGS
Now before this Court is Defendants The Titan Corporation and SOS International Ltd.'s (collectively "Defendants") joint motion for judgment on the pleadings. Doc. No. 75. Plaintiffs Savas Dalkilic and Tuncay Celik (collectively "Plaintiffs") and Defendants fully briefed the issues. Oral argument was heard on June 7, 2007, with appearances by Michael Morrison for Plaintiffs, and Ari Zymelman and Timothy Horton for Defendants. This Court, after hearing the oral argument of counsel, took the matters under submission. After a thorough consideration of the pleadings, files and records in this case, as well as the oral argument of counsel, and for the reasons stated below, this Court hereby GRANTS IN PART and DENIES IN PART motion for judgment on the pleadings.
Plaintiffs, both citizens of Turkey, are former employees of Defendants. Defendants contracted with the military to provide linguistic and interpretive services in Turkey, and later during the Iraq War in 2003. Plaintiffs were recruited by Defendants in Turkey after responding to advertisements seeking interpreters. After personal interviews and a written examination, both Plaintiffs were extended offers to work with Defendant Titan Corporation ("Titan") in Mardin, Turkey. Plaintiffs worked in Turkey for a short period of time. After their work in Turkey both Plaintiffs were subsequently extended offers to work in Iraq.
Plaintiffs were concerned with potential legal problems of entering Iraq as Turkish citizens, and voiced their concerns to Defendants. Plaintiffs were assured by Defendants that the proper documents would be secured from the Turkish Foreign Office in order for Plaintiffs to legally enter Iraq, and that the Turkish government would have full and official knowledge of Plaintiffs' role in Iraq. Plaintiffs were also allegedly promised compensation of at least $6000 a month, not inclusive of hazard pay, plus social security payments under Turkish law, per diem allowances and medical benefits and training. Defendants allegedly represented to Plaintiff Celik that "defendants would protect the interpreters in Iraq and that their Job duties would exclusively take place within the confines of the United States military bases." Cplt. at ¶ 26. Plaintiffs specifically allege that Defendants explicitly promised Plaintiffs that they would receive the same treatment as other Titan employees employed in the same position.
Plaintiffs were first flown to Germany by Defendants prior to entering Iraq. Upon their arrival, Plaintiffs alleged that they did not receive the proper survival training, unlike other Titan employees. Plaintiffs also assert, that while in Iraq, they were allegedly "required to travel outside of the military base and without any sort of security protection." Cplt. at ¶ 30. Plaintiffs further allege that they were denied the same access to medical care that their American counterparts received, and were also not paid the salaries and benefits they were allegedly promised. In addition, Plaintiffs state that their passports and visas were taken from them while employed by Defendants, which took away any means of Plaintiffs challenging their treatment. Plaintiffs further contend that in May 2003, Turkish military officers informed them that they were illegally present in Iraq because of Defendants' failure to secure the proper authorization from the Turkish government.
Plaintiffs further allege that they were placed in danger after Defendants instructed Plaintiff Dalkilic to provide translation services for the U.S. military during the interrogation of Turkish special forces officers regarding an assassination attempt on the Mayor of Kirkuk. Plaintiff Celik was also allegedly interrogated by Turkish intelligence officers who were attempting to locate the captured Turkish special forces officers. Defendants allegedly recognized the danger in which Plaintiffs were placed, and agreed to house Plaintiffs in safe houses in the Baghdad area. During this period, Plaintiffs could not perform interpreter services, and were forced instead to act as drivers for Defendant Titan and carry weapons to protect themselves. As a result of Defendants' actions, Plaintiffs allege that they were forced to seek asylum in the United States, and could not return to Turkey to be with their families.
On April 29, 2005, Plaintiffs filed their complaint seeking damages for fraud and deceit (Claim 1), negligent misrepresentation (Claim 2), promissary estoppel (Claim 3), breach of oral contract (Claim 4), breach of the covenant of good faith and fair dealing (Claim 5), intentional infliction of emotional distress (Claim 6) and negligence (Claim 7) causes of action.
Defendant Titan filed a motion to dismiss for improper venue on December 8, 2005.2 See Doc. No. 28. Defendant SOSI filed a limited joinder with Defendant Titan's motion, joining only as to the motion to dismiss for improper venue, and declining to join in the motion to transfer. Doe. No. 34. Plaintiffs filed under seal an opposition to Defendant Titan's motion on February 3, 2006. Doc. No. 40. Defendant Titan filed a reply on March 1, 2006. See Doe. No. 45. Defendant SOSI filed a reply in support of its joinder motion to Defendant Titan's motion to dismiss. Doc. No. 46.
On December 9, 2005, Defendant SOSI filed a motion to dismiss for lack of personal jurisdiction. Doc. No. 31. Plaintiffs filed an opposition on February 3, 2006. Doc. No. 36. On March 2, 2006, the parties stipulated to an extension of time for Defendant SOSI to file a reply brief. Doc. No. 44. Defendants filed a reply brief on March 3, 2006. See Doc. No. 47. On March 9, 2006, Plaintiffs filed an ex parte application to file supplemental briefing. Doc. No. 50. Defendant SOSI filed a response to Plaintiff's ex parte application and accompanying supplemental briefing. Doc. No. 51. On March 10, 2006, Defendant SOSI filed an ex parte application with this Court for leave to file a first amended reply memorandum and a first amended declaration from SOSI's declarant, Julian Setian. Doc. No. 52. On March 14, 2006, this Court granted Defendant SOSI's leave to file a first amended reply and declaration. Doc. No. 54. The Court also granted Plaintiffs' ex parte request to file supplemental briefing to Defendant SOSI's motion to dismiss. Doc. No. 57. Plaintiffs filed supplemental briefing on March 14, 2006. Doc. No. 58. On March 13, 2006, this Court took both motions to dismiss under submission pursuant to CivLR 7.1(d.1). Doc. No. 53. On May 30, 2006, this Court denied the motions to dismiss in its entirety. Doc. No. 59. Both parties filed answers to the complaint on July 13, 2006.
On December 21, 2006, Magistrate Judge Anthony Battaglia issued an Order following the parties' settlement conference, and indicated that the parties could not settle the case because they "need to proceed with a motion for judgment on the pleadings to help identify the issues that will be ultimately litigated." Doc. No. 72 at 1. Judge Battaglia indicated that such a motion "may help bring the case back into a settlement posture." Id Judge Battaglia set forth a briefing schedule for the motion for judgment on the pleadings, and set a hearing date of June 7, 2007.
On February 28, 2007, Defendants filed a joint motion for judgment on, the pleadings. Doc. No. 75. Plaintiffs filed a response in opposition on April 30, 2007. Doc. No. 81. Defendants filed a reply on May 21, 2007. Doc. No. 83. Oral argument was held on June 7, 2007. The Court subsequently took the matter under submission pursuant to Civ.LR 7.1(d.1).
Under Federal Rule of Civil Procedure 12(c), a party may move for judgment on the pleadings "[a]fter the pleadings are closed but within such time as not to delay the trial." Fed.R.Civ.P. 12(c). Judgment on the pleadings is proper only when there is no unresolved issue of fact and no question remains that the moving party is entitled to a judgment as a matter of law. Torbet v. United Airlines, Inc., 298 F.3d 1087, 1089 (9th Cir.2002); Honey v. Distelrath, 195 F.3d 531, 532-33 (9th Cir.1999). The standard applied on a Rule 12(c) motion is essentially the same as that applied on Rule 12(b)(6) motions. See Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1550 (9th Cir.1989). Thus, the allegations of the nonmoving party are accepted as true, and all inferences reasonably drawn from those facts must be construed in favor of the responding party. Id. If matters outside of the pleadings are presented to and not excluded by the court, a motion for judgment on the pleadings shall be treated as one for summary judgment pursuant to Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. Id.
Judgment on the pleadings is not appropriate where the complaint alleges facts which, if proved, would permit recovery. See General Conference Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church, 887 F.2d 228,...
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