Cianbro Corp. v. GEORGE H. DEAN, INC.
749 F. Supp. 2d 1
D. Me.2010Background
- Cianbro sued under 46 U.S.C. § 31343(c)(2) for a declaratory judgment that two vessels were not subject to maritime liens.
- A declaratory judgment was entered in Cianbro's favor, and Cianbro also was awarded attorney fees totaling $54,790.50.
- Dean Steel appealed the attorney-fees award to the First Circuit; the underlying judgment remained in Maine.
- Cianbro moved to register the attorney-fees award in the District of Rhode Island under 28 U.S.C. § 1963.
- Dean Steel argued § 1963 registration is unavailable for a fee award tied to a declaratory judgment and that good cause is not shown.
- The court held the attorney-fees award is a registrable judgment in a different district and that good cause exists to register.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the attorney-fees award a registrable judgment under §1963? | Cianbro argues the fee award constitutes money recovery and is a final order. | Dean Steel contends the fee award is ancillary to the merits and not registrable. | Yes; the fee award is a registrable judgment. |
| Can the attorney-fees award be registered even though ancillary to the underlying action? | Cianbro contends the order is final and severable, warranting registration. | Dean Steel asserts it cannot be registered if tied to the declaratory judgment. | Yes; the award is final and independently registrable. |
| Does good cause exist to register the judgment in Rhode Island? | Cianbro shows absence of Dean Steel’s assets in Maine and presence of assets in Rhode Island. | Dean Steel argues insufficient showing of enforceability or asset transfer concerns. | Yes; substantial assets are in the registration forum and none in the rendering district. |
Key Cases Cited
- Stiller v. Hardman, 324 F.2d 626 (2d Cir. 1963) (nature of recovery governs §1963 registration)
- Garcia-Goyco v. Law Envtl. Consultants, Inc., 428 F.3d 14 (1st Cir. 2005) (attorney-fee awards may be separately appealable and registrable)
- In re Nineteen Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litig., 982 F.2d 603 (1st Cir. 1992) (fee-and-expense orders can be final and severable from merits)
- Columbia Pictures Television, Inc. v. Krypton Broad. of Birmingham, Inc., 259 F.3d 1186 (9th Cir. 2001) (good-cause standard for §1963 supported by asset distribution)
- Chicago Downs Assoc., Inc. v. Chase, 944 F.2d 366 (7th Cir. 1991) (absence of assets in rendering district supports §1963)