Case Detail

FOIA Project Annotation: A federal court in Arizona has ruled that the Energy Department properly withheld information about the wages paid by a contractor to individual employees for work on an Energy Systems Integration Facility construction project in Golden, Colorado under Exemption 4 (confidential business information). Responding to a request from Torres Consulting and Law Group, DOE redacted personal information under Exemption 6 (invasion of privacy) and individual wage information under Exemption 4. While accepting the redactions made under Exemption 6, Torres challenged those made under Exemption 4. The agency argued that discourse of individual wage data "would be a competitive disadvantage because the hourly labor rate for the ESIF project is set by the government, meaning the subcontractors' labor production costs could be calculated by multiplying the government's labor rate by the hours worked" and that disclosing the data "would allow competitors to underbid the contractors when competing for work because labor production rates are a significant element of a contractor's price." Torres argued disclosure of the wage data was not enough to allow competitors to underbid other contractors. The court, however, disagreed, noting that Torres' affidavits "fail to specifically contradict the central role labor production rates play in bid estimates." The court added that "that the DOE has released substantial information to Torres that is useful in evaluating whether Davis-Bacon [the federal prevailing wage statute] was complied with is also significant." Finding the agency had met its burden to show potential competitive harm, the court observed that "while the exact extent of that competitive harm is debatable, the precise amount need not be determined in this action. Additionally, disclosing the requested wage and hour information could hurt the DOE by impacting the type and amount of bids received in the future and harm the contractors' employees by altering the wages offered on future contracts."
Issues: Exemption 4 - Competitive harm, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2013-04-26	1	COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-8310645, filed by Torres Consulting and Law Group LLC. (submitted by James Barton) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REK) (Entered: 04/26/2013)
2013-04-26	2	SUMMONS Submitted by Torres Consulting and Law Group LLC. (submitted by James Barton) (REK) (Entered: 04/26/2013)
2013-04-26	3	Corporate Disclosure Statement by Torres Consulting and Law Group LLC. (submitted by James Barton) (REK) (Entered: 04/26/2013)
2013-04-26	4	Filing fee paid, receipt number PHX 0970-8310645. This case has been assigned to the Honorable Lawrence O. Anderson. All future pleadings or documents should bear the correct case number: CV-13-00858-PHX-LOA. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 04/26/2013)
2013-04-26	5	Summons Issued as to United States Department of Energy. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/26/2013)
2013-04-29	6	ORDER That Plaintiff must file its written election to either consent to magistrate-judge jurisdiction or elect to proceed before a United States district judge on or before Friday, May 10, 2013. See Order for Details. Signed by Magistrate Judge Lawrence O Anderson on 4/29/13. (MAP) (Entered: 04/29/2013)
2013-05-07	7	Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/08/2013)
2013-05-08	8	Minute Order: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV-13-858-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/08/2013)
2013-05-08	9	ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff serve a copy of this Order upon Defendants and file notice of service. See order for details. Signed by Judge Neil V. Wake on 5-8-13. (NRB) (Entered: 05/08/2013)
2013-05-09	10	First MOTION for Extension of Time to File Answer (Joint) by United States Department of Energy. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 05/09/2013)
2013-05-09	11	ORDER granting the parties' Joint Motion for Extension of Time to Answer Plaintiff's Complaint (Doc. 10 ). FURTHER ORDERED Defendant's shall have until and including 7/1/2013 to file an answer or otherwise respond to Plaintiff's Complaint. See order for details. Signed by Judge Neil V. Wake on 5-9-13.(NRB) (Entered: 05/09/2013)
2013-06-20	12	AMENDED COMPLAINT Torres Consulting & Law Group, LLC against United States Department of Energy, filed by Torres Consulting and Law Group LLC. (Attachments: # 1 Exhibit)(Barton, James) (Entered: 06/20/2013)
2013-06-20	13	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Torres Consulting and Law Group LLC . (Attachments: # 1 Exhibit Amended Pleading Indicating Changes)(Barton, James) (Entered: 06/20/2013)
2013-07-01	14	Second MOTION for Extension of Time to File Answer re 12 Amended Complaint (Stipulated) by United States Department of Energy. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 07/01/2013)
2013-07-01	15	TEXT ONLY ORDER: As to the parties' Joint Motion for Extension of Time for Defendant to Answer Plaintiff's Amended Complaint Doc. 14 , ORDERED granting the Motion. Defendant shall have until and including 7/19/13 to file an answer or otherwise respond to Plaintiff's Amended Complaint. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, nb) (Entered: 07/01/2013)
2013-07-11	16	MOTION for Summary Judgment by United States Department of Energy. (Harwood, Ann) (Entered: 07/11/2013)
2013-07-11	17	STATEMENT of Facts re 16 MOTION for Summary Judgment by Defendant United States Department of Energy. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Harwood, Ann) (Entered: 07/11/2013)
2013-08-07	18	*First MOTION for Summary Judgment and RESPONSE to Motion re 16 Motion for Summary Judgment by Torres Consulting and Law Group LLC. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D)(Barton, James) *Modified to correct event type and to add document number on 8/7/2013 (LSP). (Entered: 08/07/2013)
2013-08-07	19	STATEMENT of Facts re 18 First MOTION for Summary Judgment by Plaintiff Torres Consulting and Law Group LLC. (Barton, James) (Entered: 08/07/2013)
2013-09-06	20	*RESPONSE to Motion re 18 First MOTION for Summary Judgment , REPLY to Response to Motion re 16 MOTION for Summary Judgment filed by United States Department of Energy. (Harwood, Ann) *Modified to correct event type on 9/6/2013 (LSP). (Entered: 09/06/2013)
2013-09-06	21	STATEMENT of Facts in Support of Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment re 20 Response to Motion for Summary Judgment, Reply to Response to Motion by Defendant United States Department of Energy. (Harwood, Ann) (Entered: 09/06/2013)
2013-09-20	22	REPLY to Response to Motion re 18 First MOTION for Summary Judgment filed by Torres Consulting and Law Group LLC. (Barton, James) (Entered: 09/20/2013)
2013-09-20	23	*REPLY re 21 Defendant's Objections to Plaintiff's Separate Statement of Facts by Plaintiff Torres Consulting and Law Group LLC. (Barton, James) *Modified to correct event type and to correct document number on 9/20/2013 (LSP). (Entered: 09/20/2013)
2013-11-27	24	ORDER that Defendant's 16 Motion for Summary Judgment is granted, and Plaintiff's 18 Cross-Motion for Summary Judgment is denied. ORDERED that the Clerk enter judgment in favor of Defendant and against Plaintiff and that Plaintiff take nothing. The Clerk shall terminate this case. Signed by Judge Neil V Wake on 11/27/2013.(LFIG) (Entered: 11/27/2013)
2013-11-27	25	CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed November 27, 2013, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing and this action is hereby terminated. (LFIG) (Entered: 11/27/2013)
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