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Judicial Watch • 2011 frc-v-doj-complaint-08292011

2011 frc-v-doj-complaint-08292011

2011 frc-v-doj-complaint-08292011

Page 1: 2011 frc-v-doj-complaint-08292011

Category:Obtained Document

Number of Pages:5

Date Created:August 29, 2011

Date Uploaded to the Library:July 30, 2013

Tags:withhold, respect, seeks, research, dated, family, PAGES, Division, statement, Civil, search, Street, requested, public, Pursuant, letter, Attorney, Congress, responsive, policy, justice, defendant, plaintiff, request, records, department, states, Washington, united, court, EPA, ICE


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FAMILY RESEARCH COUNCIL, INC.,  
801 Street, N.W.,  
Washington,  20001  
Plaintiff,  
Case: 11-cv-01550  Assigned To: Howell, Beryl  
Assign. Date 8/29/2011  
U.S. DEPARTMENT JUSTICE,  Description: FOIA/Privacy Act  
950 Pennsylvania Ave., N.W.  
Washington, 20530-0001,  
Defendant.  

Plaintiff Family Research Council, Inc. ("FRC") brings this action against Defendant United States Department Justice compel compliance with the Freedom oflnformation Act, 
U.S.C.  552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e). 
PARTIES FRC non-profit corporation organized under the laws the District Columbia. Its principal place business 801 Street, N.W., Washington, 20001. FRC seeks advance faith, family, and freedom public policy and public opinion through policy research, public education, and grassroots mobilization. addition, FRC has been involved briefs well educating the public through the media. Defendant agency the United States Government and headquartered 
U.S. Department Justice, 950 Pennsylvania Ave., N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS February 23, 2011, Attorney General Eric Holder issued statement announcing that Defendant would not defend the constitutionality Sectiun the Defense Maniage Act ("DOMA") applied same-sex manied couples two recently-filed cases, Pederson Office Personnel Management, Case No. 201 O-cv-1750 pending the U.S. District Court for the District Connecticut, and Windsor United States, Case No. 2010-cv-8435, pending the U.S. District Comi for the Southern District New York. Attorney General Holder also aimounced that Defendant would not defend the constitutionality Section DOMA applied same-sex married couples any other pending future litigation the issue. Finally, Attorney General Holder sent letter members the Congress announcing his decision. 
Moreover, less than three hours after Attorney General Holder's am1ouncement, litigants seeking strike down California's traditional marriage definition filed motion vacate the stay its case with the U.S. Court Appeals for the Ninth Circuit. its motion, the litigants cited to, and quoted from, Attorney General Holder's letter the Congress. 
Following Attorney General Holder's announcement and the litigai1ts filing their motion with the U.S. Comi Appeals for the Ninth Circuit, February 28, 2011, Plaintiff sent 

records communications regarding any same-sex marriage 
litigation policy discussion between the employees the 
Department Justice and employees the following: the law firm 
Boies, Schiller Flexner, LLP; the law firm Gibson, Dunn 
Crutcher, LLP; and, any public interest organization involved 
political legal opposition either Proposition the Defense 
Marriage Act that might include but not limited the American 
Civil Liberties Union, Lambda Legal Defense and Education Fund, 
Gay Lesbian Alliance Against Defamation (GLAAD), and Gay 
Lesbian Advocates and Defenders. time limit our request communications made after February 2011. letter dated June 2011, the Civil Division informed Plaintiff that had made determination its FOIA request. Specifically, the Civil Division notified Plaintiff that the Civil Division had searched for and identified 357 pages email chains responsive Plaintiffs FOIA request. Moreover, the Civil Division informed Plaintiff that the Civil Division was withholding pages responsive records part and pages responsive records their entirety, pursuant FOIA Exemption All non-exempt records were produced with Defendant's letter. letter dated June 27, 2011, Plaintiff administratively appealed Defendant's June 2011 adverse determination withhold pages responsive records either part their entirety. 

10. letter dated July 28, 2011, Defendant acknowledged receiving Plaintiffs administrative appeal July 18, 2011. 

11. 
Pursuant U.S.C.  552(a)(6)(A)(ii), Defendant was required make determination with respect Plaintiffs administrative appeal within twenty working days July 18, 2011, August 15, 2011. 

12. the date this Complaint, Defendant has failed ma:.e determination with 

13. Because Defendant has failed comply with the time limit set forth U.S.C.  552(a)(6)(A)(ii), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request. U.S.C.  552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 

14. Plaintiff realleges paragraphs through fully stated herein. 
15. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

16. 
Plaintiff being irreparably harmed reason Defendant's unlawful withholding requested records, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all responsive records Plaintiff's FOIA request and demonstrate that employed search method reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff's FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiff's 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. 

425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Counsel for Plaintiff



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