Case Detail

FOIA Project Annotation: Judge Ricardo Urbina has ruled that the Department of the Army properly withheld documents concerning Iraq reconstruction contracts awarded to Kellogg Brown & Root, a subsidiary of Halliburton under Exemption 5 (deliberative process privilege). He also allowed KBR to intervene in the action to argue that some of the information it provided to the Army was protected by Exemption 4 (confidential business information). In upholding the Exemption 5 claims, Urbina noted on one document that "although the document has the appearance of a final copy and contains signatures of military officials, it includes a page with a blank space to be signed by a military official and also an e-mail on the first page indicating that it is a draft that still requires the signature of that military official." Saying that "the interests of justice weigh in favor of reconsidering the court's prior order," Urbina reviewed arguments from KBR that some of the material submitted was protected under Exemption 4. In an interesting splitting of hairs over whether its submissions were voluntary or mandatory, Urbina found that the disputed information was submitted voluntarily. He observed that "the intervenor provided the information in these documents not in an effort to bid for or obtain a contract but to negotiate the administration of the contract. The intervenor provided this information after it had been awarded a contract by the defendant, and the discussion contained in these documents concerns ongoing contract implementation, not bid proposals or contract procurement." Having examined an affidavit submitted by KBR indicating that the information was sensitive commercial and financial information about selecting subcontractors and having further conducted an in camera review of the information, Urbina indicated that he was satisfied that the information qualified for protection under Exemption 4.
Issues: Exemption 4 - Competitive harm, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2004-02-25	1	COMPLAINT against DEPARTMENT OF THE ARMY (Filing fee $ 150.) , filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(cp, ) (Entered: 02/27/2004)
2004-02-25	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (cp, ) (Entered: 02/27/2004)
2004-02-25		SUMMONS Issued (3) as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (cp, ) (Entered: 02/27/2004)
2004-03-25	3	STANDING ORDER. Signed by Judge Ricardo M. Urbina on 3/25/04. (Entered: 03/25/2004)
2004-03-26	4	ANSWER to Complaint by DEPARTMENT OF THE ARMY.(Diller, Paul) (Entered: 03/26/2004)
2004-03-30	5	MOTION to Intervene by KELLOGG BROWN & ROOT, INC.. (Attachments: # 1 Points & Authorities# 2 Certificate of Service# 3 Exhibit ANSWER to complaint# 4 Text of Proposed Order)(cp, ) (Entered: 03/31/2004)
2004-04-23	7	NOTICE of Appearance by Elizabeth B. McCallum on behalf of KELLOGG BROWN & ROOT, INC. (McCallum, Elizabeth) (Entered: 04/23/2004)
2004-06-22	6	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KELLOGG BROWN & ROOT, INC. (cp, ) (Entered: 03/31/2004)
2004-06-22		MINUTE ORDER granting 5 Consent Motion to Intervene. Signed by Judge Ricardo M. Urbina on 6/22/04. (Entered: 06/22/2004)
2004-06-22		MINUTE ORDER Setting Initial Status Conference for August 19, 2004 at 11:15 am in Courtroom 12. Signed by Judge Ricardo M. Urbina on 6/22/04. (Entered: 06/22/2004)
2004-06-22	8	ANSWER to Complaint by KELLOGG BROWN & ROOT, INC..(rje, ) (Entered: 06/23/2004)
2004-08-13	9	Unopposed MOTION to Continue Initial Status Conference by DEPARTMENT OF THE ARMY. (Diller, Paul) (Entered: 08/13/2004)
2004-08-16		MINUTE ORDER granting 9 Motion to Continue. The status conference is rescheduled for September 14, 2004, at 2:30pm.. Signed by Judge Ricardo M. Urbina on 8/16/04. (Entered: 08/16/2004)
2004-08-16		Set Deadlines/Hearings: Status Conference set for 9/14/2004 02:30 PM in Courtroom 12 before Judge Ricardo M. Urbina. (jwd) (Entered: 08/16/2004)
2004-09-09	10	Unopposed MOTION for Leave to Appear Pro Hac Vice by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 09/09/2004)
2004-09-09		MINUTE ORDER granting 10 Motion for Leave to Appear. Signed by Judge Ricardo M. Urbina on 9/9/04. (Entered: 09/09/2004)
2004-09-14		Minute Entry for proceedings held before Judge Ricardo M. Urbina: Status Conference held on 9/14/2004. Production of documents deadline is 11/14/2004. A further Status Conference set for 11/29/2004 11:00 AM in Courtroom 12 before Judge Ricardo M. Urbina. (Court Reporter William D. McAllister.) (jwd (Entered: 09/14/2004)
2004-11-23	11	Unopposed MOTION to Continue Nov. 29 Status Conference by DEPARTMENT OF THE ARMY. (Diller, Paul) (Entered: 11/23/2004)
2004-11-23		MINUTE ORDER granting 11 Motion to Continue. The hearing is rescheduled for 2:15pm on 12/13/04. Signed by Judge Ricardo M. Urbina on 11/23/04. (jp, ) (Entered: 11/23/2004)
2004-12-02		Set Deadlines/Hearings: Status Conference set for 12/13/2004 at 2:15 PM in Courtroom 12 before Judge Ricardo M. Urbina. (jwd) (Entered: 12/02/2004)
2004-12-13		Minute Entry for proceedings held before Judge Ricardo M. Urbina: Status Conference held on 12/13/2004. A Further Status Conference is set for 1/24/2005 at 2:00 P.M. in Courtroom 12 before Judge Ricardo M. Urbina. (Court Reporter William D. McAllister.) (jwd) (Entered: 12/13/2004)
2005-01-24		MINUTE ORDER. Status hearing set for 3/31/05 at 9:45 am. Motions to amend pleadings or join parties due on or before 2/24/05; oppositions thereto on or before 3/10/05; replies thereto on or before 3/17/05 . Signed by Judge Ricardo M. Urbina on 1/24/05. (jp, ) (Entered: 01/24/2005)
2005-01-24		Set Deadlines/Hearings: Motions to Amend Pleadings or Join Parties due by 2/24/2005. Oppositions due by 3/10/2005. Replies due by 3/17/2005. (jwd) (Entered: 01/24/2005)
2005-01-24		Minute Entry for proceedings held before Judge Ricardo M. Urbina Status Conference held on 1/24/2005. (Court Reporter William D. McAllister.) (jwd) (Entered: 01/24/2005)
2005-03-30	12	NOTICE of Appearance by Meredith Cavallo on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) Modified on 3/31/2005 (nmw, ). (Entered: 03/30/2005)
2005-03-31		Minute Entry for proceedings held before Judge Ricardo M. Urbina : Status Conference held on 3/31/2005. Parties are to submit a proposed stipulated schedule for the Court's consideration by the close of busniess, Wednesday, April 6, 2005. (Court Reporter William D. McAllister.) (jwd) (Entered: 03/31/2005)
2005-04-06	13	STIPULATION by KELLOGG BROWN & ROOT, INC., JUDICIAL WATCH, INC., DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 04/06/2005)
2005-04-07	14	ORDER Signed by Judge Ricardo M. Urbina on April 7, 2005, as to joint stipulation submitted by parties regarding plaintiff's claims arising under Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552.. (jwd) (Entered: 04/07/2005)
2005-04-25	15	TRANSCRIPT of Status Hearing held on March 31, 2005 before Judge RicardO M. Urbina. Court Reporter: William D. McAllister. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 04/27/2005)
2005-04-25	16	TRANSCRIPT of Status Hearing held on January 24, 2005 before Judge Ricardo M. Urbina. Court Reporter: William D. McAllister. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 04/27/2005)
2005-04-25	17	TRANSCRIPT of Status Hearing held on December 13, 2004 before Judge Ricardo M. Urbina. Court Reporter: William D. McAllister. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 04/27/2005)
2005-06-06	18	MOTION for Summary Judgment by DEPARTMENT OF THE ARMY. (Attachments: # 1 # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Statement of Facts # 9 Text of Proposed Order)(Zimmerman, Jonathan) (Entered: 06/06/2005)
2005-07-01	19	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment of Defendant by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/01/2005)
2005-07-05		MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment Responses due by 7/20/2005 Replies due by 8/4/2005. Signed by Judge Ricardo M. Urbina on 7/5/05. (jp, ) (Entered: 07/05/2005)
2005-07-05		Set/Reset Deadlines: Responses due by 7/20/2005 Replies due by 8/4/2005. (tth, ) (Entered: 07/06/2005)
2005-07-14		Set Deadlines/Hearings: Response to Motion for Summary Judgment due by 7/20/2005. Reply to Motion for Summary Judgment due by 8/4/2005. (jwd) (Entered: 07/14/2005)
2005-07-20	20	Unopposed MOTION for Extension of Time to File Response/Reply /Opposition to Defendant's Motion for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/20/2005)
2005-07-21		MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. Opposition due 7/25/05 and reply due 8/9/05 . Signed by Judge Ricardo M. Urbina on 7/21/05. (lcrmu1, ) (Entered: 07/21/2005)
2005-07-22		Set/Reset Deadlines: Responses due by 7/25/2005 Replies due by 8/9/2005. (tth, ) (Entered: 07/22/2005)
2005-07-25	21	Memorandum in opposition to motion re 18 /Defendant's Motion for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Text of Proposed Order)(Orfanedes, Paul) (Entered: 07/25/2005)
2005-08-04	22	First MOTION for Extension of Time to File Response/Reply to plaintiff's Opposition to Defendant's Motion For Summary Judgment by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Zimmerman, Jonathan) (Entered: 08/04/2005)
2005-08-08		MINUTE ORDER granting 22 First MOTION for Extension of Time to File Response/Reply. Reply due on or before August 16, 2005. Signed by Judge Ricardo M. Urbina on 8/8/05. (djr) (Entered: 08/08/2005)
2005-08-08		Set Deadlines/Hearings: Reply to Opposition to Motion for Summary Judgment due by 8/16/2005. (jwd) (Entered: 08/08/2005)
2005-08-16	23	REPLY to opposition to motion re 18 for summary judgment filed by DEPARTMENT OF THE ARMY. (Attachments: # 1 Supplemental Declaration)(Zimmerman, Jonathan) (Entered: 08/16/2005)
2005-08-17	24	ERRATA by DEPARTMENT OF THE ARMY. (Attachments: # 1 )(Zimmerman, Jonathan) (Entered: 08/17/2005)
2005-11-17	25	ORDER granting in part and deferring ruling in part 18 Motion for Summary Judgment. Signed by Judge Ricardo M. Urbina on 11/17/05. (djr) (Entered: 11/17/2005)
2005-11-17	26	MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 11/17/05. (djr) Additional attachment(s) added on 11/17/2005 (lcrmu1, ). (Entered: 11/17/2005)
2005-12-29	27	NOTICE of In Camera Filing by DEPARTMENT OF THE ARMY (Attachments: # 1 Declaration# 2 Exhibit TAB A to Declaration# 3 Exhibit TAB B to Declaration# 4 Exhibit TAB C to Declaration# 5 Exhibit TAB D to Declaration# 6 Exhibit TAB E to Declaration)(Zimmerman, Jonathan) (Entered: 12/29/2005)
2006-05-31	28	ORDER GRANTING IN PART and DENYING IN PART the Defendant's motion for summary judgment. Signed by Judge Ricardo M. Urbina on 5/31/06. (djr) (Entered: 05/31/2006)
2006-05-31	29	MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 5/31/06. (djr) (Entered: 05/31/2006)
2006-06-09	30	RESPONSE TO 28 ORDER TO SHOW CAUSE by DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration of Linda J. Selinger# 2 Appendix #2# 3 Appendix #3)(Zimmerman, Jonathan) Modified on 6/12/2006 (nmw, ). (Entered: 06/09/2006)
2006-06-09	31	MOTION for Reconsideration of May 31, 2006 Order by KELLOGG BROWN & ROOT, INC.. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(McCallum, Elizabeth) (Entered: 06/09/2006)
2006-06-12	32	NOTICE of Partial Production of Documents to Plaintiff by DEPARTMENT OF THE ARMY (Attachments: # 1 Appendix 1# 2 Appendix 2)(Zimmerman, Jonathan) (Entered: 06/12/2006)
2006-06-19	33	Memorandum in opposition to re 31 MOTION for Reconsideration of May 31, 2006 Order filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 06/19/2006)
2006-06-28	34	REPLY to 33 Plaintiff's Opposition to Intervenor's Motion to Reconsider filed by DEPARTMENT OF THE ARMY. (Zimmerman, Jonathan) Modified on 6/29/2006 (nmw, ). (Entered: 06/28/2006)
2006-06-29	35	REPLY re 33 of Intervenor Kellogg Brown & Root to Plaintiff's Opposition to Motion for Reconsideration filed by KELLOGG BROWN & ROOT, INC.. (Attachments: # 1 Affidavit)(McCallum, Elizabeth) Modified on 6/30/2006 (nmw, ). (Entered: 06/29/2006)
2006-12-12	36	ORDER granting 31 Motion for Reconsideration. Signed by Judge Ricardo M. Urbina on 12/12/06. (djr) (Entered: 12/12/2006)
2006-12-12	37	MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 12/12/06. (djr) (Entered: 12/12/2006)
2006-12-19	38	MOTION for Extension of Time to File Motion for Attorney's Fees and Litigation Expenses by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 12/19/2006)
2006-12-19		MINUTE ORDER granting 38 Motion for Extension of Time to File. If the parties are unable to resolve the plaintiff's request for attorneys fees, the plaintiff's Motion For Attorney?s Fees and Litigation Expenses is due by Tuesday, January 9, 2007. Signed by Judge Ricardo M. Urbina on 12/19/06. (djr) (Entered: 12/19/2006)
2006-12-20		Set Deadlines/Hearings: plaintiff's Motion For Attorney?s Fees and Litigation Expenses is due by Tuesday, January 9, 2007. (jwd) (Entered: 12/20/2006)
2006-12-21	39	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF THE ARMY. Attorney Paul A. Diller terminated. (Zimmerman, Jonathan) (Entered: 12/21/2006)
2007-01-09	40	Consent MOTION for Extension of Time to File Motion for Attorney's Fees and Litigation Expenses by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/09/2007)
2007-01-09		MINUTE ORDER granting 40 Motion for Extension of Time to file a motion for attorneys fees. The court expects the parties to resolve this matter without judicial intervention. If the parties are unable, however, the plaintiff must file its motion by January 19, 2007. Signed by Judge Ricardo M. Urbina on 1/9/07. (djr) (Entered: 01/09/2007)
2007-01-09		Set Deadlines/Hearings: Plaintiff's Motion for attorney fees due by 1/19/2007. (jwd) (Entered: 01/09/2007)
2007-01-19	41	Third MOTION for Extension of Time to File Motion for Attorney's Fees and Litigation Expenses by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/19/2007)
2007-01-22		MINUTE ORDER granting 41 Motion for Extension of Time to File. The plaintiff may file its motion for attorney's fees by January 26, 2007. Signed by Judge Ricardo M. Urbina on 1/22/07. (djr) (Entered: 01/22/2007)
2007-01-22		Set Deadlines/Hearings: Plaintiff's Motions for Attorney Fees due by 1/26/2007. (jwd) (Entered: 01/22/2007)
2007-01-31	42	STIPULATION of Dismissal by JUDICIAL WATCH, INC., DEPARTMENT OF THE ARMY. (Orfanedes, Paul) (Entered: 01/31/2007)
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