Vallier v. Jet Propulsion Laboratory

• Decision Date: 02 August 2000
• Docket Number: No. CV 97-01171 CAS.,CV 97-01171 CAS.
• Citation: 120 F.Supp.2d 887
• Parties: Tamara VALLIER, et al., Plaintiffs, v. JET PROPULSION LABORATORY; California Institute of Technology; United States of America, Defendants.
• Court: U.S. District Court — Central District of California

120 F.Supp.2d 887

Tamara VALLIER, et al., Plaintiffs, v. JET PROPULSION LABORATORY; California Institute of Technology; United States of America, Defendants.

No. CV 97-01171 CAS.

United States District Court, C.D. California, Western Division.

August 2, 2000.

COPYRIGHT MATERIAL OMITTED

Clifford H. Pearson, Wasserman Comden & Casselman, Tarzana, CA, Stan Blumenfeld, Gordon E. Krischer, James R. Asperger, O'Melveny & Myers, Thomas V. Girardi, Girardi & Keese, Los Angeles, CA, for Plaintiffs.

Stan Blumenfeld, Gordon E. Krischer, James R. Asperger, O'Melveny & Myers, Gwendolyn Millicent Gamble, Nora M. Manella, Asst. U.S. Attorney, Office of U.S. Attorney Civil Div., Los Angeles, CA, J. Patrick Glynn, Department of Justice Civil Division, Washington, DC, David S. Fishback, Steven Talson, Department of Justice Civil Division, Washington, DC, for Defendants.

ORDER DENYING CALIFORNIA INSTITUTE OF TECHNOLOGY'S PETITION FOR CERTIFICATION AND GRANTING UNITED STATES' MOTION FOR SUMMARY JUDGMENT

SNYDER, District Judge.

I. INTRODUCTION

Plaintiffs¹ filed this action against defendant and third-party plaintiff Jet Propulsion Laboratory ("JPL"), and defendant California Institute of Technology ("Caltech") on January 10, 1997 in Los Angeles County Superior Court. Thereafter, Caltech filed a third party claim against the United States that is described below. On February 24, 1997, Caltech removed this action to this Court pursuant to 28 U.S.C. §§ 1331, 1441, 1442, and 2679.

II. PROCEDURAL HISTORY

Caltech, which operates JPL, filed its third-party complaint for indemnity and declaratory relief against the United States under the Federal Torts Claims Act ("FTCA").² The third-party complaint alleges four claims for relief: (1) comparative equitable indemnity (proximate cause); (2) comparative equitable indemnity (vicarious liability); (3) implied contractual indemnity; and (4) declaratory relief.

On December 24, 1997, following removal of this action to this Court, the United States filed a motion to dismiss Caltech's claims pursuant to Fed.R.Civ.P. 12(b)(1) or, in the alternative, for summary judgment, based upon its defense of governmental immunity. On February 17, 1998, Caltech filed a motion pursuant to Fed. R.Civ.P. 56(f) seeking deferral of consideration of the government's motion until such time as further discovery could be conducted.

Thereafter, on April 17, 1998, plaintiffs filed the Second Amended Complaint against Caltech and the United States. By order dated April 20, 1998, the Court granted in part Caltech's Rule 56(f) motion, providing the parties additional time to conduct discovery relevant to the United States' claim of governmental immunity. On July 10, 1998, the United States filed a motion to dismiss plaintiffs' claims pursuant to Fed.R.Civ.P. 12(b)(1) or, in the alternative, for summary judgment. The parties thereafter stipulated to have this motion heard concurrently with the United States' motion to dismiss or for summary judgment with regard to Caltech's claims.

Plaintiffs filed the Third Amended Complaint ("TAC") against Caltech and the United States on December 14, 1998. The TAC alleges claims for: (1) battery; (2) wrongful death; (3) survival action; (4) negligence; (5) strict liability; (6) intentional infliction of emotional distress; (7) negligent infliction of emotional distress; and (8) public nuisance against all defendants.

On April 30, 1999, Caltech filed a Motion to Estop the Government from Denying Extensive Supervision and Control over JPL Facilities. Also on April 30, 1999, Caltech filed a Petition for certification as a government employee pursuant to 28 U.S.C. § 2679(d). On May 3, 1999, the government renoticed its motions to dismiss or for summary judgment against plaintiffs and Caltech.

On August 13, 1999, the parties presented oral argument on all three pending motions, i.e., Caltech's motion to estop, Caltech's petition for certification, and the United States' motion to dismiss or for summary judgment. Following oral argument, these motions were taken under submission to enable the Court to consider the voluminous record presented by the parties. By order dated August 18, 1999, the Court denied Caltech's motion to estop. Because the jurisdictional issues in this case involve consideration of evidentiary materials going beyond the face of the pleadings, the Court finds the government's motion appropriate for decision on summary judgment. See, e.g., Redmon By and Through Redmon v. United States, 934 F.2d 1151 (10th Cir.1991). Moreover, at the August 13, 1999 hearing, the parties stipulated that the Court should treat the motion to dismiss as one for summary judgment pursuant to Fed.R.Civ.P. 56. The parties further stipulated at the August 18, 1999 hearing that Caltech's petition for certification should be decided on the record before the Court without further evidentiary hearings or trial.

III. BACKGROUND FACTS

JPL is a research and development facility located on 176 acres in Pasadena, California. United States Appendix, p. 1.³ JPL is presently owned by the United States, under sponsorship by NASA, and operated by Caltech. Id.; Caltech Appendix, Exh. 24, pp. 1165-66.⁴ Since its inception, JPL has performed research and development in aeronautics, space technology and space transportation. U.S.App., pp. 37, 78, 304-08. Since 1959, JPL has been designated as a federally funded research and development center ("FFRDC") as defined in 41 U.S.C. § 405(a), 48 C.F.R. § 35.017, and Federal Acquisition Regulation ("FAR") § 35.017. Caltech App., Exh 24, p. 1165. FAR § 35.017(a)(2) defines the role of an FFRDC as follows: "FFRDC's enable agencies to use private sector resources to accomplish tasks that are integral to the mission and operation of the sponsoring agency." Id.

JPL began as a privately-funded facility testing rocket engines in 1936.⁵ Caltech App., Exh. 1, pp. 12-13; U.S.App., p. 2. In 1939, shortly after the outbreak of World War II, the United States Army Air Corps became interested in JPL's rocket research and decided to sponsor military research contracts at JPL. Caltech App., Exh. 1, p. 18, Exh. 9, pp. 434-436; U.S.App., pp. 2, 24. Thereafter, the Army Ordnance Department took over the role of sponsoring military research at JPL. Caltech App., Exh. 9, pp. 446-450; U.S.App., pp. 2-3. On June 22, 1944, Caltech and the Army Ordnance Department entered into Letter Order Contract No. W-04-200-Ord-455, an agreement to execute a contract for the research and development of rocket missile and launching equipment. Caltech App., Exh. 9, p. 447, Exh. 11, pp. 501-03; U.S.App. p. 248. The terms of that contract are contained in Supplement No. 9 to the Letter Order, entered into on January 15, 1945. Caltech App., Exh. 11, pp. 525-569; U.S.App., 249-251. Pursuant to the terms of Supplement No. 9, Caltech agreed to provide scientific, technical, engineering and other personnel, labor and services for the management and operation of JPL. Id.; U.S.App., pp. 79, 249-251.

Caltech remained under contract with the Army to operate JPL until January 1, 1959. At that time, NASA succeeded to ownership of JPL, and JPL's mission changed from weapons development to space exploration. Caltech App., Exh. 20, pp. 1072-73; U.S.App., pp. 27-30, 79. Despite the transfer of ownership of JPL, Caltech remained under contract with the Army, and NASA administered the contracts. In 1961, NASA initiated its own new contract with Caltech.⁶ This contract between Caltech and NASA has been renewed periodically since 1961. U.S.App., p. 38.

IV. EVIDENTIARY OBJECTIONS

Caltech has raised evidentiary objections to certain evidence submitted by the United States and by plaintiffs in conjunction with the United States' present motions. Similarly, plaintiffs have objected to certain evidence submitted by Caltech and the United States. Because this Court does not rely on the specific evidence objected to in rendering its decision herein, it does not deem it necessary to address these objections in this order. Furthermore, plaintiffs object to the evidentiary appendices submitted by Caltech and the United States in connection with the reply briefs supporting their respective motions, as being beyond the scope of those motions in violation of Local Rule 6.2. The Court, however, declines to exercise its discretion to strike these appendices, which appear to be supplemental and explanatory of the government's and Caltech's respective positions set forth in their moving papers.

V. PETITION FOR CERTIFICATION

Caltech seeks certification as a government employee pursuant to 28 U.S.C. § 2679(d)(3). The United States and plaintiffs oppose the petition, claiming that Caltech does not qualify as a government employee but, rather, is an independent contractor. It is thus apparent that plaintiffs do not seek to hold the government liable for any conduct allegedly done by Caltech.

A. Standard for Certification

A party may bring a suit against the federal government only to the extent that the government waives its sovereign immunity. United States v. Orleans, 425 U.S. 807, 814, 96 S.Ct. 1971, 48 L.Ed.2d 390 (1976). The FTCA waives sovereign immunity for some tort claims arising out of the conduct of government employees acting within the scope of their employment. The FTCA also provides that the United States shall, under certain limited circumstances, defend suits brought against its employees. More specifically, § 2679 of the FTCA provides that "[t]he Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate" for damage or injury resulting from the negligence of a government employee acting within the scope of his office or employment. 28 U.S.C. § 2679(c).

A party named as a defendant in a lawsuit may petition the Attorney General for certification that he was an employee "acting within the scope of his office or employment at the time...