Shirvinski v. United States Coast Guard et al, No. 1:2009cv00896 - Document 217 (E.D. Va. 2010)
Court Description: MEMORANDUM OPINION Re: 176 MOTION for Summary Judgment by Booz Allen Hamilton, Inc. and 179 MOTION for Summary Judgment by United States Coast Guard. Signed by District Judge Anthony J Trenga on 10/25/2010. (stas)
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Shirvinski v. United States Coast Guard et al Doc. 217 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ADAM SHIRVINSKI Plaintiff, Civil Action No. 1:09-cv-896 (AJT/TRJ) v. UNITED STATES COAST GUARD, et al., Defendants. MEMORANDUM OPINION Defendants Booz Allen Hamilton Inc. ("Booz Allen") and the United States Coast Guard ("Coast Guard") have each moved for summary judgment. [Doc. Nos. 176 and 179.] A hearing was held on September 20,2010, following which this Court took the motions under advisement. Upon consideration of the motions, the oppositions thereto and the arguments of counsel, the Court grants both motions. I. BACKGROUND This case arises out of conflicts between Plaintiffand Coast Guard military and civilian personnel involved in the Coast Guard's Deepwater Acquisition Program (the "Project") which ultimately led to Plaintiffs removal from the Project. PlaintiffAdam Shirvinski ("Shirvinski") is a retired Coast Guard Captain. Shirvinski entered into an at-will consulting agreement with Mohawk Information Systems and Consulting, Inc. ("MISC").1 MISC, in turn, was a subcontractor under an agreement between MISC and SFA, Inc. ("SFA") that supported the Project. Shirvinski's role was to provide advice to the Coast Guard on configuration management ("CM") 1Shirvinski's ConsultingAgreement also refers to arrangements between Shirvinski, MISC and "CAPTAIN JOSEPH F. RYAN, d/b/a THE SKIP'R." [Doc. No. 189-2.] These arrangements, however, are not germane to the issues before this Court. Dockets.Justia.com issues involved in the Project. The period covered by Shirvinski's consulting agreement with MISC was March 1, 2008 through February 28,2010, which was selected to coincide with effective dates of MISC's subcontract with SFA, although either party could terminate the agreement unilaterally on 30 days notice. [Doc. No. 189-2.] Shirvinski worked primarily from a facility in Rosslyn, Virginia. The Coast Guard officials who were assigned to manage SFA's contract with the Coast Guard, under which Shirvinski served as a consultant to the Coast Guard, were Lt. Commander Gero, who was the Contracting Officer's Technical Representative ("COTR"), Cheryl Ellis, who was the Contracting Officer ("KO"), and her assistant, Gwendolyn Scott, who was a contract specialist. [Doc. No 181-3, at 28-29.] Based in Portsmouth, Virginia, they were not, in general, substantively involved in Shirvinski's CM related work but rather managed the contract on behalf of the Coast Guard. Captain Joseph Vojvodich led the "C4ISR" portion of the Project.2 Commander Richard Fontana served under Captain Vojvodich as deputy project manager, and Lt. Commander James Espino was a senior officer based in Moorestown, New Jersey. Additional Coast Guard personnel who worked on the Project included Lt. Christopher Armstrong, and civilian Coast Guard employee Stephen Hoshowsky, who was the Software Director for C4ISR and worked in Moorestown under Lt. Commander Espino. Defendant Booz Allen had been hired by the Coast Guard to support the Project, and Booz Allen personnel included Mike Silver, who served as Booz Allen's project manager on the Project and Vik Singh, who was tasked with helping the Coast Guard develop a CM plan for the Project. 2C4ISR stands for Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance.
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