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Judicial Watch • Stamped Complaint – 00511

Stamped Complaint – 00511

Stamped Complaint – 00511

Page 1: Stamped Complaint – 00511

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Number of Pages:4

Date Created:March 27, 2014

Date Uploaded to the Library:April 18, 2014

Tags:requested, Plaintiffs, Services, responsive, defendant, filed, document, plaintiff, request, records, Washington, court


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Case 1:14-cv-00511 Document Filed 03/27/14 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH.
425 Third Street S.W.. Suite 800
Plaintiff. Civil Action No.
US. DEPAR M_ENT HEAL HUMAN SERVICES
200 Independence Avenue, S.W.
Washington, D.C. 20201,
Defendant.
MPLAINT
Plaintiff Judicial Watch. Inc brings this action against ndant Federal Bureau
Investigation compel compliance with the Freedom Information Act U.S.C 552 FOIA). grounds therefor, Plaintiff alleges follows:
JURISDIC AND VENUE
Tl1e Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(_B) and
 1331.
Venue proper this district pursuant U.S.C. l39l(e).
PARTIES Plaintiff Judicial Watch, Inc. not-for pro educational foundation organized
under the laws the District Columbia and having its principal place business 425 Third
Street SW, Suite 800. Washington, D.( 20024. part ofits educational mission, Plaintiff
regularly requests records under FOIA shed light the operations the federal government
Case 1:14 cv-00511 Document Filed 03/27/14 Page
andt educate the public about these operations, Plaintiff then analyzes the agency records and
disseminates the results its analysis, well the records themselves, the public. Defendant US. Department Health and Human Services agency ofthe US.
Government and headquartered 200 Independence Avenue, S.W., ashington. D.C. 20201.
Defendant has possession, custody. and control records which Plaintiff seeks access.
ATEMENT FACTS December 20. 20] Plaintiff submitted OIA request, via certified mail,
the enters for Medicare Medicaid Services. component Defendant seeking access
the following public records: Any and all documents and communications generated
after April 2013 rcgarding the timing and procedures for
testing the back end systems that are responsible for
ensuring the accuracy Form 834 transactions
Healthcaregov;
Any and all documents and communications generated
alter April 201 regarding reports instances potential
instances inaccuracies. discrepancies, and/or missing
information Form 834 trans tions; and
Any and all documents and communications generated
alter April 2013 regarding the establishment and
operation official mechanism report and/or remedy
instances inaccuracie discrepancies, and/or missing
information Form 834 transactions. Defendant acknowledged receipt Plaintiffs FOIA request Januz
and assigned the request Control Number 010920147035. Pursuant U.S 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiffs request wit twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor. and the right
Case 1:14-cv-00511 Document Filed 03/27/14 Page appeal any adverse detennination. Accordingly. Defendant determination was due
February 18, 2014 the latest. the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiffs reque notify Plaint any such detennination the reasons
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from production. Because Defendant has failed comply with the time limit set forth U.S.
552 )t6)(A), Plaintiff deemed have exhausted any and all administrative remedies with
respect its request, pursuant U.S.c. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant withholding public records requested Plaintiff pursuant U.S.C.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding the requested public records, and Plaintiff will continue irreparably harmed
unless Defendant compelled conform its conduct the requirements the law.
VVHEREFORE, Plaintiff resp tfully requests that the Court: (1) order Defendant
conduct search for any and all records responsive Plaintiffs FOIA request and demonstrate
that employed search methods reasonably likely lead the very records responsive
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt
records responsive Plaintiffs FOIA request and Vaughn index any responsive records
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all
Case 1:14-cv OO511 Document Filed 03/27/14 Page
non-exempt records responsive Plaintiffs FOIA request; (4) grant Plaintiff award
attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: March 27, 2014 Respect xlly submined,
JUDICIAL WATCH. INC.
/s/ David Rothstein
D.C. Bar No. 450035
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Attomeys Plaintg