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Judicial Watch • 2011 jw-v-doe-complaint-12012011

2011 jw-v-doe-complaint-12012011

2011 jw-v-doe-complaint-12012011

Page 1: 2011 jw-v-doe-complaint-12012011

Category:Lawsuit

Number of Pages:4

Date Created:December 2, 2011

Date Uploaded to the Library:July 30, 2013

Tags:receive, related, dated, official, access, Street, officer, public, Pursuant, letter, response, responsive, September, defendant, government, watch, plaintiff, request, records, State, judicial, department, states, Washington, united, court, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
425 Third Street, S.W., Suite 800  
Washington, 20024,  
Plaintiff,  Case: 11-cv-02140  Assigned Sullivan, Emmet  Assign. Date 12/1 /2011  Description: FOIA/Privacy Act  
U.S. DEPARTMENT ENERGY,  
1000 Independence Ave., S.W.  
Washington, 20585,  
Defendant.  

) 
COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Energy 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 Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest mission, Plaintiff regularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government headqumiered United 
States Department Energy, 1000 Independence Ave., S.W., Washington, 20585. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS September 2011, Plaintiff sent request Defendant, seeking access the following: 
Any and all records regarding, concerning related the issuance loan guarantees Solyndra LLC, Solyndra Inc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc. 
Any and all records communication between any official, officer, employee the Department Energy and any official, officer employee any other government agency, department office regarding concerning related Solyndra LLC, Solyndra Inc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc. 
Any and all records communications between any official, officer employee the Department Energy and any official, officer employee the following entities regarding concerning related Solyndra LLC, Solyndralnc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc.: 
Argonaut Private Equity LLC 
Madrone Capital Partners LLC 
U.S. Venture Partners (USVP) LLC 
Rockport Capital Partners LLC. Defendant acknowledged receipt Plaintiff's FOIA request letter dated 
September 12, 2011. However, Defendant's acknowledgment letter did not state when Plaintiff 
could expect receive substantive response its request. Plaintiff subsequently received second letter from Defendant dated September 13, 2011 stating that Plaintiffs request had been assigned Defendant's Loan Programs Office. However, Defendant's September 13, 2011 letter also did not state when Plaintiff could expect receive substantive response its request. 
Plaintiff subsequently received third letter from Defendant dated October 2011. Included with this letter were (two) compact discs containing partial response Plaintiffs September 2011 FOIA request. Defendant's October letter stated that "[a]dditional responsive documents exist and are being reviewed preparation for public release." However, Defendant's October letter did not state when Plaintiff could expect receive complete 

response its September 2011 FOIA request. 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond Plaintiffs FOIA request within twenty (20) working days October 19, 2011. 

10. the date this Complaint, Defendant has failed provide Plaintiff with full production documents responsive its September 2011 FOIA request. Nor has indicated when any remaining responsive records will produced. 

11. 
Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 

COUNTl (Violation FOIA, U.S.C.  552) 
12. Plaintiff realleges paragraphs through fully stated herein. 
13. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

14. 
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 Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery 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 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: December 2011 Respectfully submitted, 
JUDICIAL WATCH, INC.



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