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Judicial Watch • 2011 jw-v-hhs-complaint-01032011

2011 jw-v-hhs-complaint-01032011

2011 jw-v-hhs-complaint-01032011

Page 1: 2011 jw-v-hhs-complaint-01032011

Category:Lawsuit

Number of Pages:4

Date Created:January 4, 2011

Date Uploaded to the Library:July 30, 2013

Tags:seeks, jurisdiction, dated, produce, failed, Human, access, grant, Street, search, requested, public, requests, health, Pursuant, responsive, government, defendant, watch, plaintiff, request, records, judicial, states, Washington, court, united, 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, DEPARTMENT HEALTH HUMAN SERVICES 200 Independence Avenue, S.W. Washington, 20201, Defendant. 

Civil Action No. 

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 

Plaintiff Judicial Watch, Inc. brings this action against Defendant Depmiment Health Human Services 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.  133 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 and headquartered 200 Independence Avenue, S.W., Washington, 20201. Defendant has possession, custody, and control records which Plaintiff seeks access. 

STATEMENT FACTS November 2010, Plaintiff sent FOIA request Defendant's Centers for Medicare Medicaid Services ("CMS") seeking access the following: 	All records concerning CMS's national coverage analysis the vaccine Provenge, including but not limited the criteria being used analyze Provenge. 
Defendant acknowledged receipt Plaintiffs FOIA request letter dated November 16, 10. 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond Plaintiffs FOIA request within twenty (20) working days, December 15, 2010. the date this Complaint, Defendant has failed produce any records responsive the request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. short, Defendant has failed respond the request any manner. 
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). 

COUNT 
(Violation FOIA, U.S.C.  552) 

10. Plaintiff realleges paragraphs through fully stated herein. 
11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

12. 
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: 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 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 Plaintiffs FOIA request; 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: January 2011 Respectfully submitted, JUDICIAL WATCH, INC. 

David Rothstein 
D.C. Bar No. 450035 Suite 800 425 Third Street, S.W. Washington, 20024 
(202) 646-5 172 
Attorneys for Plaintiff