Fulcrum International, Inc. v. Prince George Center I, Inc. , 503 F. App'x 193 ( 2012 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-1695
    FULCRUM INTERNATIONAL, INCORPORATED,
    Plaintiff - Appellant,
    v.
    PRINCE   GEORGE    CENTER   I,    INCORPORATED;       WASHINGTON
    METROPOLITAN AREA TRANSIT AUTHORITY,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.     J. Frederick Motz, Senior District
    Judge. (8:11-cv-01390-JFM)
    Submitted:   November 20, 2012            Decided:   December 21, 2012
    Before WILKINSON, KING, and THACKER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Mark J. Hardcastle, Columbia, Maryland; Terry B. Blair,
    Baltimore, Maryland, for Appellant.   Carol B. O’Keeffe, General
    Counsel, Bruce P. Heppen, Deputy General Counsel, Gerard J.
    Stief, Senior Associate General Counsel, Tracie Dickerson,
    Assistant General Counsel, Washington, D.C., for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Fulcrum          International,              Incorporated            (“Fulcrum”)
    appeals from the district court’s order granting the Washington
    Metropolitan Area Transit Authority (“WMATA”)’s Fed. R. Civ. P.
    12(b)(1)     motion       to       dismiss        for     lack       of        subject-matter
    jurisdiction its claim for detrimental reliance on the basis of
    sovereign    immunity        and     the    court’s      subsequent            order    denying
    Fulcrum’s motion for clerk’s entry of default against the Prince
    George Center I, Incorporated (“PGCI”) and closing the case.
    We affirm.
    Assertions         of     governmental            immunity         are     properly
    addressed    under     Fed.     R.    Civ.    P.    12(b)(1),        which       permits      the
    assertion    of     the   defense      of     lack       of    jurisdiction           over    the
    subject matter of a claim for relief.                           Smith v. Wash. Metro.
    Area Transit Auth., 
    290 F.3d 201
    , 205 (4th Cir. 2002).                                  When an
    entity   such     as   the     WMATA       challenges         jurisdiction        under      Rule
    12(b)(1),     the      plaintiff       bears       the    burden          of    proving       the
    existence    of     subject-matter          jurisdiction.            
    Id.
            We     review    a
    district    court’s       dismissal        under     Rule      12(b)(1)         for    lack     of
    subject-matter jurisdiction de novo.                     Evans v. B.F. Perkins Co.,
    
    166 F.3d 642
    , 647 (4th Cir. 1999).
    The     WMATA     was    established         by     an   interstate         compact
    (“the Compact”) among Maryland, Virginia, and the District of
    Columbia to provide a regional transportation system for the
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    Washington, D.C., metropolitan area.                   Delon Hampton & Assocs.,
    Chartered v. Wash. Metro. Area Transit Auth., 
    943 F.2d 355
    , 357
    (4th Cir. 1991).        The signatories to the Compact conferred each
    of their respective sovereign immunities, including the immunity
    from   suit    in    federal    court       afforded    to   Maryland      under    the
    Eleventh Amendment, upon the WMATA.                    Watters v. Wash. Metro.
    Area   Transit       Auth.,     
    295 F.3d 36
    ,     39   (D.C.       Cir.   2002).
    Accordingly,        unless    the    WMATA’s    sovereign     immunity      has    been
    waived, the district court lacked jurisdiction to enter judgment
    against it.        
    Id. at 39-40
    .
    Pursuant to Section 80 of the Compact, the WMATA has
    waived its immunity in certain circumstances.                     Smith, 
    290 F.3d at 206
    .   Fulcrum contends that the terms of this section render
    the WMATA subject to suit for contractual claims like the claim
    for detrimental reliance it raised in this case.                         After review
    of the record and the parties’ briefs, we reject this argument.
    In    Maryland,        claims     premised     on      a    theory     of
    detrimental reliance sound in estoppel.                  Pavel Enters., Inc. v.
    A.S.   Johnson       Co.,    Inc.,    
    674 A.2d 521
    ,   531-33      (Md.   1996).
    Fulcrum, however, does not cite to any authority establishing
    that the WMATA expressly waived its immunity for estoppel claims
    in Section 80 of the Compact.                 We require waivers of sovereign
    immunity to be “clear and unequivocal.”                      Lizzi v. Alexander,
    
    255 F.3d 128
    , 133 (4th Cir. 2001), overruled in part on other
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    grounds by Nev. Dep’t of Human Res. v. Hibbs, 
    538 U.S. 721
    (2003).     It is, however, neither clear nor unequivocal that the
    WMATA has waived its sovereign immunity as to estoppel claims.
    Martin v. Wash. Metro. Area Transit Auth., 
    273 F. Supp. 2d 114
    ,
    119 (D.D.C. 2003).        Consequently, Section 80’s partial waiver of
    immunity does not aid Fulcrum.
    Fulcrum’s reliance on Section 12 of the Compact fares
    no better.       Although Section 12 of the Compact allows the WMATA
    to “[s]ue and be sued,” Md. Code Ann. Transp. § 10-204(12)(a),
    Fulcrum’s argument that Section 12 of the Compact operates as an
    expansive waiver of the WMATA’s sovereign immunity is foreclosed
    by our decision in Lizzi, 
    255 F.3d at 132-33
    .                   Because Section
    80 of the Compact, which “specifically and expressly delineates
    the scope of [the] WMATA’s consent to be sued,” 
    id. at 133
    (internal quotation marks omitted), does not waive the WMATA’s
    immunity for claims of detrimental reliance, the district court
    properly     dismissed     the     claim     for   lack    of    subject-matter
    jurisdiction.
    Turning to the district court’s denial of Fulcrum’s
    motion for clerk’s entry of default against the PGCI, we reject
    as meritless Fulcrum’s argument that the court erred in denying
    the motion on the basis that its complaint was not served on the
    PGCI.      The   record   before    us   simply    fails   to   establish   that
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    Fulcrum effectuated proper service of the complaint on the PGCI,
    in accordance with the provisions of Md. R. 2-124(d).
    Accordingly,       we   affirm   the   district    court’s    orders.
    We   dispense   with   oral    argument     because    the   facts   and   legal
    contentions     are   adequately    presented     in   the   materials     before
    this court and argument would not aid the decisional process.
    AFFIRMED
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