Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Department of Energy has shown that the number of hours claimed by individual workers on a DOE-financed solar energy project is protected under Exemption 4 (confidential business information) because disclosure would cause competitive harm to the contractor. The Laborers' International Union of North America Pacific Southwest Region requested the payroll records to check the contractor's compliance with the Davis-Bacon Act, which requires federal contractors to pay the prevailing local wage. DOE redacted everything except for each employee's work classification and the rate of pay, claiming the disclosure of any other information would cause competitive harm by revealing the contractor's labor costs. The union argued that "each solar project varies and that the payroll information from one project would not provide competitors with enough information to undercut [the contractor] in future bidding processes." The court responded that "it is true that substantial competitive harm is less likely to be found when the information redacted provides insight into only one of several variables a competitor needs to gain an advantage. However, [the union] has not provided sufficient evidence to convince the Court that such is the case here. [The union's] declarations are from individuals with no experience with the bidding process for large-scale solar utility projects. Those declarants cannot say, based on their personal knowledge, that labor costs and labor efficiency are not the distinguishing factors in the bidding process for large-scale solar utility projects." Finding DOE had met its burden, the court observed that the union's declarations "from individuals who are unfamiliar with the bidding process on large scale solar utility projects are not enough to survive summary judgment."
Issues: Exemption 4 - Competitive harm

Date Filed	Doc #	Docket Text
2013-10-22	1	COMPLAINT against U.S. Department of Energy by Laborers International Union of North America Pacific Soutohwest Region. Attorney Perkins, Roberta D. added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Perkins, Roberta) (Entered: 10/22/2013)
2013-10-22		RECEIPT number #CAE200056002 $400.00 fbo Laborers International Union by Roberta D. Perkins on 10/22/2013. (Mena-Sanchez, L) (Entered: 10/22/2013)
2013-10-22	3	SUMMONS ISSUED as to *U.S. Department of Energy* with answer to complaint due within *60* days. Attorney *Roberta D. Perkins* *Weinberg Roger and Rosenfeld* *1001 Marina Village Parkway, Suite 200* *Alameda, CA 94501*. (Mena-Sanchez, L) (Entered: 10/22/2013)
2013-10-22	4	CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent to Magistrate Judge, # 2 VDRP) (Mena-Sanchez, L) (Entered: 10/22/2013)
2013-11-22	5	SUMMONS RETURNED EXECUTED by Laborers International Union of North America Pacific Soutohwest Region. U.S. Department of Energy served on 11/8/2013, answer due 1/7/2014. (Perkins, Roberta) (Entered: 11/22/2013)
2014-01-07	6	JOINT STATUS REPORT filed by all parties. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) Modified on 1/8/2014 (Marciel, M) (Entered: 01/07/2014)
2014-02-06	7	STIPULATION and PROPOSED ORDER for Limiting Issues To Be Decided by U.S. Department of Energy. (Himel, Yoshinori) (Entered: 02/06/2014)
2014-02-11	8	STIPULATION and ORDER limiting issues to be decided signed by Chief Judge Morrison C. England, Jr on 2/10/14. (Manzer, C) (Entered: 02/11/2014)
2014-03-05	9	SUMMONS RETURNED EXECUTED by Laborers International Union of North America Pacific Soutohwest Region. U.S. Department of Energy served on 1/7/2014. (Perkins, Roberta) Modified on 3/6/2014 (Zignago, K.). (Entered: 03/05/2014)
2014-03-19	10	STIPULATION and PROPOSED ORDER for Further Limiting Issues To Be Decided by U.S. Department of Energy. (Himel, Yoshinori) (Entered: 03/19/2014)
2014-03-20	11	SUPPLEMENT to 6 Joint Status Report by U.S. Department of Energy. (Himel, Yoshinori) Modified on 3/20/2014 (Meuleman, A). (Entered: 03/20/2014)
2014-03-26	12	STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/25/14 ORDERING the parties hereby stipulate and agree that information regarding the three Power Equipment Operators, groups 3, 9, and 11, can be redacted from the certified payroll records at issue and will not be an issue to be determined in this litigation. (Becknal, R) (Entered: 03/26/2014)
2014-04-08	13	MINUTE ORDER (Text Only) by Judicial Assistant to Chief Judge Morrison C. England, Jr on 4/8/2014: The Court has reviewed the parties' Joint Status Report. While Defendant states that it will not file an answer because it will file a motion for summary judgment, Defendant has failed to file a responsive pleading within the time allotted by the Federal Rules, nor has Defendant obtained an extension of time from the Court to do so. The Court therefore orders Plaintiff to obtain an Entry of Default against the Defendant not later than 5/8/2014. If the Defendant files an answer or other responsive pleading during said thirty (30)-day period in which to obtain an Entry of Default, a Joint Status Report shall be filed, with all parties participating, within twenty (20) days of the filing of its response.(Espana-Purpur, A) (Entered: 04/08/2014)
2014-04-15	14	STIPULATION and PROPOSED ORDER for Setting Schedule by U.S. Department of Energy. (Himel, Yoshinori) (Entered: 04/15/2014)
2014-04-15	15	ANSWER by U.S. Department of Energy.(Himel, Yoshinori) (Entered: 04/15/2014)
2014-04-17	16	STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/16/14: Defendant's answer to the complaint shall be filed by April 15, 2014. Defendant's motion for summary judgment shall be filed by April 30, 2014. The parties' Joint Status Report shall be filed by May 1, 2014. Plaintiff's opposition to defendant's motion for summary judgment shall be filed by May 21, 2014. Defendant's reply shall be filed by June 18, 2014. Hearing before Judge England shall be held June 26, 2014, at 2:00 p.m. (Kaminski, H) (Entered: 04/17/2014)
2014-04-25	17	STIPULATION and PROPOSED ORDER for Resetting Schedule re 16 Stipulation and Order,,, Set/Reset Deadlines and Hearings,, by U.S. Department of Energy. (Himel, Yoshinori) (Entered: 04/25/2014)
2014-05-01	18	STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 4/29/2014 SUBSTITUTING this stipulation for the Joint Status Report due 5/1/2014; ORDERING that the defendant's Motion for Summary Judgment be filed by 7/31/2014; ORDERING that the plaintiff's opposition be filed by 8/22/2014; ORDERING that the defendant's reply be filed by 9/8/2014: ORDERING that the Motion for Summary Judgment be noticed to be heard on 9/18/2014 at 02:00 PM before Chief Judge Morrison C. England, Jr. (Michel, G) (Entered: 05/01/2014)
2014-07-31	19	MOTION for SUMMARY JUDGMENT by U.S. Department of Energy. Motion Hearing set for 9/18/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Statement of Undisputed Facts, # 2 Points and Authorities, # 3 Declaration of Brennan Bentley, # 4 Exhibit 1 to Bentley Decl.: Certified Payroll Records, # 5 Exhibit 2 to Bentley Decl.: Vaughn Index, # 6 Declaration of Dana Diller, # 7 Declaration of David Postma, # 8 Declaration of Wendy Pulliam, # 9 Declaration of Janelle Jordan)(Himel, Yoshinori) Modified on 8/1/2014 (Zignago, K.). (Entered: 07/31/2014)
2014-08-12	20	STIPULATION and PROPOSED ORDER re-setting 18 Motion Schedule by Laborers International Union of North America Pacific Soutohwest Region. (Perkins, Roberta) Modified on 8/13/2014 (Marciel, M) (Entered: 08/12/2014)
2014-08-20	21	STIPULATION and PROPOSED ORDER for Resetting Schedule re 18 Stipulation and Order, by Laborers International Union of North America Pacific Soutohwest Region. (Perkins, Roberta) Modified on 8/28/2014 (Kastilahn, A). (Entered: 08/20/2014)
2014-09-09	22	STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/4/2014 ORDERING 21 Plaintiff's opposition to Defendant's motion for summary judgment 19 shall be filed by 10/3/2014; Defendant's reply to Plaintiff's opposition shall be filed by 10/31/2014; Hearing before Judge England shall be held on 11/13/2014 at 2:00 p.m. (Reader, L) (Entered: 09/09/2014)
2014-10-03	23	OPPOSITION by Laborers International Union of North America Pacific Soutohwest Region to 19 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Response to Defendant's Statement of Undisputed Facts , # 2 Response (Objection) to Evidence, # 3 Declaration of Counsel , # 4 Declaration of Izzak Valez , # 5 Declaration of Michael Hulett)(Perkins, Roberta) Modified on 10/7/2014 (Kastilahn, A). (Entered: 10/03/2014)
2014-10-23	24	STIPULATION and PROPOSED ORDER for Resetting Schedule by U.S. Department of Energy. (Himel, Yoshinori) (Entered: 10/23/2014)
2014-10-29	25	STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 10/29/2014 CONTINUING the Motion Hearing on 19 Motion for Summary Judgment to 12/4/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.; ORDERING the defendant to file its reply by 11/18/2014. (Michel, G) (Entered: 10/29/2014)
2014-11-17	26	STIPULATION and PROPOSED ORDER allowing oversize Reply by U.S. Department of Energy. (Himel, Yoshinori) Modified on 11/21/2014 (Marciel, M) (Entered: 11/17/2014)
2014-11-18	27	REPLY by U.S. Department of Energy to RESPONSE to 19 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Supplement al Declaration of David Postma, # 2 Response to Plaintiff's Additional Undisputed Facts, # 3 Reply to Plaintiff's Response to Undisputed Facts, # 4 Response to Plaintiff's Evidentiary Objections)(Himel, Yoshinori) (Entered: 11/18/2014)
2014-11-21	28	STIPULATION and ORDER 26 to allow filing of oversized document signed by Chief Judge Morrison C. England, Jr on 11/20/2014. The Court will allow defendant to file Reply Brief by 11/18/2014 and to occupy up to 15 pages as an exception to 10-page limit set on Court's website. (Marciel, M) (Entered: 11/21/2014)
2014-11-24	29	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion the 12/4/2014 Defendant's Motion for Summary Judgment (ECF No. 19) is vacated and continued to 12/18/2014 at 2:00 p.m. in courtroom 7. Replies, if any, are due not later than 12/1/2014. (Deutsch, S)(Deutsch, S) (Entered: 11/24/2014)
2014-12-01	30	RESPONSE by Laborers International Union of North America Pacific Soutohwest Region to 27 Reply to Response to Motion,. (Attachments: # 1 Declaration, # 2 Exhibit D to Declaration, # 3 Exhibit E to Declaration, # 4 Exhibit F to Declaration)(Perkins, Roberta) (Entered: 12/01/2014)
2014-12-02	31	NOTICE : Defendant's Objection to Plaintiff's Rebuttal by U.S. Department of Energy re 30 Response,. (Himel, Yoshinori) (Entered: 12/02/2014)
2014-12-05	32	NOTICE of APPEARANCE by Patricia M. Gates on behalf of Laborers International Union of North America Pacific Soutohwest Region. Attorney Gates, Patricia M. added. (Gates, Patricia) (Entered: 12/05/2014)
2014-12-10	33	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendant's Motion for Summary Judgment (ECF No. 19), scheduled for hearing on 12/18/2014, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date.(Deutsch, S) (Entered: 12/10/2014)
2015-01-16	34	MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 1/15/2015 ORDERING 19 that Defendant's Motion for Summary Judgment is GRANTED; the Clerk of the Court is directed to enter judgment in favor of defendant and close the case. CASE CLOSED (Reader, L) (Entered: 01/16/2015)
2015-01-16	35	JUDGMENT dated *1/16/2015* in favor of Defendant against Plaintiff pursuant to order, signed by Chief Judge Morrison C. England, Jr. on 1/15/2015. (Reader, L) (Entered: 01/16/2015)
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