Projects Management Co. v. DynCorp International, LLC
17 F. Supp. 3d 539
E.D. Va.2014Background
- PMC sued DynCorp for breach of contract; summary judgment favoring DynCorp entered March 26, 2014 and case dismissed.
- PMC moved for reconsideration under Rule 59(e), repeating prior arguments and highlighting factual quibbles.
- Court explained Rule 59(e) discretion is narrow and may not relitigate old matters, but addressed merits for completeness.
- Damages under either federal common law or Virginia law require consideration of incurred and avoided costs; both bodies of law yield the same result here.
- PMC failed to prove proper damages by excluding avoided costs and by not detailing subcontractors/payments from the Lebanon account; factual points raised were not material to the ruling.
- PMC’s untimely, new damages calculation (103,000) was improper and rejected as late and unsupported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Choice of law governing damages | PMC argued Virginia law should apply to avoided costs. | DynCorp urged federal or Virginia law yields same result on damages. | Either law yields same damages measure; no basis to change ruling. |
| Burden to prove costs avoided | PMC contends it need not prove avoided costs. | Burden lies on plaintiff to prove damages including avoided costs. | PMC failed to prove proper damages; burden not met. |
| Contested factual assertions about information disclosure | PMC did not refuse to provide information about subcontractors. | Record shows PMC consciously withheld or could not identify subcontractors and amounts. | Factual quibbles not material to summary judgment on damages. |
| Untimely damages calculation request ($103,000) | PMC sought to use Lebanon-account funds to cover expenses. | New calculation offered late, unsupported, and prejudicial to DynCorp. | Untimely and inadequate; not grounds to alter prior grant of summary judgment. |
Key Cases Cited
- Sunrise Continuing Care, LLC v. Wright, 277 Va. 148 (Va. 2009) (burden of pleading and proving avoided costs; measure of damages)
- Burton's Ex’r v. Manson, 142 Va. 500 (Va. 1925) (raised as authority for Virginia burden issues; rejected here)
- Nizan v. Wells Fargo Bank Minnesota Nat’l Ass’n, 274 Va. 481 (Va. 2007) (affirms plaintiff bears burden on damages like avoided costs)