The Centech Group, Inc. v. United States
19-1752
| Fed. Cl. | Jul 16, 2021Background:
- CENTECH contracted with the USAF to provide communications infrastructure; it subcontracted material procurement to Iron Bow, which placed an order with Communications Supply Corporation (CSC).
- USAF canceled the material order, refused reimbursement, CENTECH withheld payment to Iron Bow, and CSC sued Iron Bow; CENTECH pursued a sponsored breach-of-contract claim against USAF.
- The court authorized limited discovery pending resolution of CSC v. Iron Bow; CENTECH served nine RFPs, including RFP No. 6 (labor review/approval) and RFP No. 7 (budget/funding).
- The government agreed to produce most unobjected-to documents but objected to portions of RFPs 6 and 7 as irrelevant and disproportionate, produced documents piecemeal, and sought a protective order before further production.
- CENTECH moved to compel overruling of objections, completion/supplementation of production by a date certain, and recovery of fees; the court held a discovery hearing, directed the parties to narrow RFPs 6 and 7, and ordered a full discovery schedule.
- Decision: the court granted in part and denied in part CENTECH’s motion to compel (rejecting the government’s relevance objections but preserving proportionality tailoring), denied the request to compel a date-certain completion or supplementation order, and denied CENTECH’s request for expenses and fees.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relevance/proportionality of RFP Nos. 6 & 7 | RFPs seek information relevant to breach and should be produced; overrule objections | RFPs are overbroad, not proportional, and some aspects not relevant to CENTECH’s breach claim | Court rejected government relevance objections but instructed parties to narrowly tailor RFPs for proportionality; denied plaintiff’s request to overrule proportionality objections |
| Compel production of unobjected-to documents and require supplementation/by date certain | Government has delayed, produced piecemeal; court should order complete production by a date certain and supplement missing docs | Government timely responded to RFPs, produced many docs, and needed time for agency/DOJ review; no specified production deadline in requests | Court denied order compelling date-certain completion or mandatory supplementation given limited-discovery context and ongoing productions; adopted parties’ proposed schedule instead |
| Award of expenses and attorney’s fees under RCFC 37(a)(5) | Plaintiff seeks fees for bringing the motion due to government’s lack of responsiveness | Government opposes fee award; argues partial success and reasonable objections justify denial | Court exercised discretion, denied fees: government partially complied, objections were reasonable in part, and awarding fees would be counterproductive to case resolution |
Key Cases Cited
- Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978) (defines broad scope of relevance for discovery)
- Schism v. United States, 316 F.3d 1259 (Fed. Cir. 2002) (courts exercise broad discretion in discovery rulings)
- New Orleans Reg'l Physician Hosp. Org., Inc. v. United States, 122 Fed. Cl. 807 (2015) (discussing court discretion under discovery rules)
- Council for Tribal Employment Rights v. United States, 110 Fed. Cl. 244 (2013) (RCFC 37 aims to secure compliance, not reward movants)
- Confidential Informant 59-05071 v. United States, 121 Fed. Cl. 36 (2015) (discretion to apportion fees when motion is partly granted)
- Fairholme Funds, Inc. v. United States, 132 Fed. Cl. 391 (2017) (declining fee awards when not advancing case resolution)
- Jicarilla Apache Nation v. United States, 88 Fed. Cl. 1 (2009) (declining to apportion expenses when neither party fully prevailed)
- Herrmann v. United States, 127 Fed. Cl. 22 (2016) (relevant discovery need not be admissible if reasonably calculated to lead to admissible evidence)
- Allogonac Mfg. Co. v. United States, 458 F.2d 1372 (Ct. Cl. 1972) (treating FRCP and RCFC discovery parallels)
