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United States ex rel. Barko v. Halliburton Co.

United States District Court, D. Columbia.

March 6, 2014

UNITED STATES OF AMERICA ex rel. HARRY BARKO, Plaintiff-Relator,
v.
HALLIBURTON COMPANY, et al., Defendants

For HARRY BARKO, United States of America ex rel, Plaintiff: Anthony C. Munter, LEAD ATTORNEY, PRICE BENOWITZ, LLP, Washington, DC; David K. Colapinto, Michael David Kohn, Stephen M. Kohn, LEAD ATTORNEYS, KOHN, KOHN & COLAPINTO, LLP, Washington, DC.

For HALLIBURTON COMPANY, KELLOG BROWN & ROOT, KELLOGG BROWN & ROOT ENGINEERING CORPORATION, KBR TECHNICAL SERVICES INC, KELLOGG BROWN & ROOT SERVICES, INC., Defendants: Craig D. Margolis, LEAD ATTORNEY, Alden Lewis Atkins, VINSON & ELKINS, LLP, Washington, DC; John Martin Faust, LEAD ATTORNEY, LAW OFFICES OF JOHN M. FAUST, PLLC, Washington, DC; John Randall Warden, U.S. DEPARTMENT OF JUSTICE, Criminal Division, Washington, DC; Tirzah S. Lollar, VINSON & ELKINS, L.L.P., Washington, DC.

For KELLOGG BROWN & ROOT INTERNATIONAL, INC., Defendant: A Delaware Corporation, LEAD ATTORNEY, Craig D. Margolis; John Martin Faust, LEAD ATTORNEY, LAW OFFICES OF JOHN M. FAUST, PLLC, Washington, DC; Alden Lewis Atkins, VINSON & ELKINS, LLP, Washington, DC; John Randall Warden, U.S. DEPARTMENT OF JUSTICE, Criminal Division, Washington, DC; Tirzah S. Lollar, VINSON & ELKINS, L.L.P., Washington, DC.

For KELLOGG BROWN & ROOT INTERNATIONAL, INC., Defendant: A Panamanian Corporation; And any other entities doing business under the name Kellogg Brown and Root, LEAD ATTORNEY, Craig D. Margolis; John Martin Faust, LEAD ATTORNEY, LAW OFFICES OF JOHN M. FAUST, PLLC, Washington, DC; Alden Lewis Atkins, VINSON & ELKINS, LLP, Washington, DC; John Randall Warden, U.S. DEPARTMENT OF JUSTICE, Criminal Division, Washington, DC; Tirzah S. Lollar, VINSON & ELKINS, L.L.P., Washington, DC.

For DAOUD & PARNTERS INC., Defendant: Daniel H. Bromberg, LEAD ATTORNEY, QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP, Redwood Shores, CA; Christine H. Chung, PRO HAC VICE, QUINN EMANUEL URQUHART & SULLIVAN LLP, San Francisco, CA; Christopher Tayback, Scott L. Watson, PRO HAC VICE, QUINN EMANUEL URQUHART & SULLIVAN LLP, Los Angeles, CA.

For UNITED STATES OF AMERICA, Movant: Beverly Maria Russell, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Civil Division, Washington, DC.

Page 2

OPINION & ORDER Resolving Docs. [135, 139, 143, 144, and 145]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE.

In this qui tam case, Plaintiff-Relator Harry Barko moves for an order compelling Defendants Kellogg Brown & Root Services, Inc., KBR Technical Services, Inc., Kellogg, Brown & Root Engineering Corporation, Kellogg, Brown & Root International, Inc., and Halliburton Company (collectively " KBR Defendants" ) to produce certain documents relating to KBR's Code of Business Conduct (" COBC" ) investigations.[1]

Page 3

The KBR Defendants oppose the motion.[2] The motion is ripe.

I. Background

A. Discovery Requests

On November 14, 2013, Plaintiff-Relator Barko served his First Request for Production of Documents to the KBR Defendants requesting documents relating to internal audits and investigations of the subject matter of the First Amended Complaint.[3] Plaintiff-Relator Barko's further discovery requests asked for more information regarding KBR's investigations into the alleged misconduct.[4]

On December 23 and 24, 2013, the KBR Defendants filed their written responses to Plaintiff-Relator's discovery requests [5] and later confirmed documents responsive to Plaintiff-Relator's requests were being withheld. Defendants based their non-production on ...


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