Engineer reports he was improperly given access to classified documents. Whistleblower. $1.5M. Los Angeles County.
Plaintiff provided engineering support in fulfillment of the NASA Jet Propulsion Laboratory and Caltech RESS contract. While he was helping design the spacecraft's power supply, plaintiff received a classified/proprietary engineering math software that he should not have been given. He reported it. Later terminated.
- Case Name: David Lillie v. ManTech International Corporation
- Court and Case Number: U.S. District Court, CD of California, Los Angeles / 2:17-cv-02538-CAS-SS.
- Date of Verdict or Judgment: Thursday, February 28, 2019
- Date Action was Filed: Monday, April 03, 2017
- Type of Action: Whistleblower
- Judge or Arbitrator(s): Hon. Christina A. Snyder
- Plaintiffs: David Lillie, 68, reliability engineer analyst.
- Defendants: ManTech International Corporation
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,505,561
- Economic Damages:
Past lost earnings: $521,983.00
Future lost earnings: $339,828.00
- Non-Economic Damages:
- Trial or Arbitration Time: 6 days.
- Jury Deliberation Time: Approximately 14 hours.
- Jury Polls: 8-0
- Post Trial Motions & Post-Verdict Settlements: Defendant ManTech plans to file a motion for judgment as a matter of law. Plaintiff plans to file a motion for attorney's fees, and a motion to request double back pay and interest under the False Claims Act.
- Attorney for the Plaintiff:
The Law Office of Jan T. Aune by Jan T. Aune, Arcadia.
- Attorney for the Defendant:
Littler Mendelson, P.C. by Alison N. Davis (Pro Hac Vice from Littler’s Washington D.C. office) and Jina Lee, Los Angeles.
- Plaintiff’s Medical Expert(s):
Leslie Michelle Daugherty, psychiatric social worker, therapy
- Defendant's Medical Expert(s):
Mark A. Kalish, M.D., psychiatry, San Diego.
Facts and Background
- Facts and Background:
On Feb. 6, 2015, plaintiff David Lillie, then age 64, an engineer, was terminated from his position at ManTech International Corp., in Montrose.
ManTech was a third-party contractor on a robotic lander designed to study the deep interior of the planet Mars, as part of the Mars InSight Mission. ManTech contracted with the California Institute of Technology Jet Propulsion Laboratory to provide support for the National Aeronautics and Space Administration (NASA) Jet Propulsion Laboratory and the California Institute of Technology Reliability Engineering Support Services (“RESS Contract”). Funds from NASA were used for the RESS Contract and also to pay ManTech for plaintiff's services.
Plaintiff provided engineering support in fulfillment of the NASA Jet Propulsion Laboratory and Caltech RESS Contract. While he was helping design the spacecraft's power supply, plaintiff received a classified/proprietary engineering math software, known as the MathCAD files, of which contractors, such as ManTech, were prohibited from gaining access. Plaintiff reported to ManTech, and Jet Propulsion Laboratory’s (“JPL”) Ethic’s Department that he had received unauthorized access to classified/proprietary software during his work on the project. Shortly thereafter, plaintiff was placed on indefinite furlough and then terminated.
Plaintiff sued ManTech Int'l. Corp, alleging that ManTech's actions constituted whistleblower retaliation and wrongful termination.
- Plaintiff's Contentions:
Plaintiff claimed that JPL and ManTech obtained the classified/proprietary software, failed to provide him with any evidence that they were allowed to view and/or use the classified/proprietary software, and then attempted to cover it up by having him remove information about the classified/proprietary software from the interoffice memorandum he was completing for his work on the project. Plaintiff also claimed that ManTech fired him in retaliation for reporting that he had received unauthorized access to classified/proprietary software during his work on the project.
- Defendant's Contentions:
ManTech contracted with the California Institute of Technology which had a contract with the National Aeronautics and Space Administration (NASA) to manage the Jet Propulsion Laboratory. ManTech and the California Institute of Technology entered into a contract for reliability engineering support services (“RESS Contract”).
Plaintiff did not help design the spacecraft's power supply. Rather, Mr. Lillie was involved in testing circuits to ensure that they performed as the designer represented they would. Mr. Lillie never alleged that he received a classified/proprietary engineering math software, known as the MathCAD files. Rather, Mr. Lillie alleged that an employee of the NASA Jet Propulsion Laboratory provided him with unauthorized access to confidential information of a third-party contractor in violation of a nondisclosure agreement. Mr. Lillie did not disclose to ManTech that he had received unauthorized access to classified/proprietary software during his work on the project.
Finally, ManTech contended that: (1) it offered Mr. Lillie part-time on call work which he rejected, (2) Mr. Lillie was furloughed and then laid off because of lack of work; and (3) the RESS Contract was awarded to another contractor in 2016. Further Mr. Lillie violated his nondisclosure agreement with ManTech by retaining confidential business information of ManTech and JPL after his termination.
Injuries and Other Damages
Plaintiff suffered severe emotional distress.
- Special Damages Claimed - Past Medical: $321,875
- Special Damages Claimed - Future Medical: $321,875
- Special Damages Claimed - Past Lost Earnings: $521,983
- Special Damages Claimed - Future Lost Earnings: $339,828
Demands and Offers
- Plaintiff Final Demand before Trial: $5,000,000 in a structured payout.
- Plaintiff Demand during Trial: $1,000,000
- Defendant Final Offer before Trial: $500,000