American Small Business League v. Department of Defense

Filing 23

ORDER RE REQUESTED DOCUMENT AND SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 11/6/2014. (whalc2, COURT STAFF) (Filed on 11/6/2014).

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
AMERICAN SMALL BUSINESS LEAGUE,

11
For the Northern District of California

United States District Court

10

12
13
14
15
16

Plaintiff,

No. C 14-02166 WHA

v.
DEPARTMENT OF DEFENSE,

ORDER RE REQUESTED
DOCUMENT AND
SUPPLEMENTAL BRIEFING

Defendant.
/

As discussed at today’s hearing, defendant agency Department of Defense is ORDERED

17

to lodge the requested document — i.e., the most recent Comprehensive Subcontracting Plan

18

submitted by Sikorksy Aircraft Corporation for participating in the Comprehensive

19

Subcontracting Plan Test Program for the agency — under seal for in camera review.

20

The agency will please tab and highlight every part of the requested document that the

21

agency believes would be exempt from disclosure under Section 552(b)(4) of Title Five of the

22

United States Code. Please also include an accompanying declaration by either the agency or

23

Sikorsky that specifies Sikorsky’s actual competition and the likelihood of substantial

24

competitive injury if any such tabbed and highlighted parts of the requested document were

25

disclosed. The accompanying declaration should also address the following non-exhaustive list

26

of questions: (1) how stale is the information in the requested document; (2) has any part of the

27

requested document’s content been disclosed in any other setting; (3) what steps has Sikorsky

28

taken to maintain the confidentiality of the requested document’s content, including its actions
with its own employees; and (4) how does suppression of the requested document square with

1

the Small Business Act’s mandate to encourage government contractors to subcontract to small

2

disadvantaged businesses? See 15 U.S.C. 637(a)(1)(B); and GC Micro Corp. v. Def. Logistics

3

Agency, 33 F.3d 1109, 1111 (9th Cir. 1994).

4
5
6

The agency must lodge both the requested document and the accompanying declaration
by 12 PM ON NOVEMBER 20, 2014.
Additionally, plaintiff American Small Business League may file a supplemental brief of

7

no more than TEN PAGES on the issue of exemption under Section 552(b)(4). If one is to be

8

filed, such a supplemental brief would be due by 12 PM ON NOVEMBER 20, 2014.

9
IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10

12

Dated: November 6, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2