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Judicial Watch • 3 19 14 CFPB suit 1 14 _cv_00444

3 19 14 CFPB suit 1 14 _cv_00444

3 19 14 CFPB suit 1 14 _cv_00444

Page 1: 3 19 14 CFPB suit 1 14 _cv_00444

Category:Lawsuit

Number of Pages:4

Date Created:March 18, 2014

Date Uploaded to the Library:March 19, 2014

Tags:EPA, ICE, CIA


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  • demand_answers

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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
    
 
THE WASHINGTON NEWSPAPER 
PUBLISHING COMPANY, LLC    
1015 15th Street, N.W., Suite 500 
Washington, 20005, 
Plaintiff, Civil Action No. 
CONSUMER FINANCIAL 
PROTECTION BUREAU 
1700 Street, N.W. 
Washington, 20220, 
Defendant.  
 
COMPLAINT 
 Plaintiff The Washington Newspaper Publishing Company, LLC brings this action against Defendant Consumer Financial Protection Bureau compel compliance with the Freedom Information 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 The Washington Newspaper Publishing Company, LLC organized under the laws the State Delaware and has its principal place business 1015 15th Street, N.W., Suite 500, Washington, 20005.  Plaintiff The Washington Newspaper 
Publishing Company, LLC the publisher The Washington Examiner, which maintains continuously updated web site and releases weekly magazine that appears times each year.  Public policy, political news and analysis are the primary topics interest for the web site and the magazine. Defendant agency the U.S. Government and headquartered 1700 Street, N.W., Washington, 20220.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS July 24, 2013, Richard Pollock, Senior Investigative Reporter the Washington Examiner and employee Plaintiff, filed FOIA request with Defendant seeking access certain records concerning the renovation Defendants headquarters. letter dated September 19, 2013, Defendant informed Plaintiff its final determination.  Defendant stated that had located 257 pages responsive its July 24, 2013 FOIA request. addition, Defendant informed Plaintiff that those 257 pages was withholding 254 pages their entirety pursuant FOIA Exemptions and letter dated September 25, 2013, Plaintiff sent timely administrative appeal Defendants final determination.  Specifically, Plaintiff appealed the withholding 254 pages their entirety well the adequacy Defendants search for responsive records. letter dated October 30, 2013, Defendant informed Plaintiff that granted part and denied part its September 25, 2013 administrative appeal.  Specifically, Defendant affirmed the determination withhold the 254 pages their entirety pursuant FOIA Exemptions and addition, Defendant determined that the original search may have failed identify all records responsive the July 24, 2013 FOIA request.  Defendant also 
informed Plaintiff that its FOIA request was being remanded Defendants FOIA office for additional review. letter dated December 19, 2013, Defendant informed Plaintiff that conducted additional search and had located additional pages responsive records. addition, Defendant informed Plaintiff was withholding those pages their entirety pursuant FOIA Exemptions and 
 10. letter dated January 10, 2014, Plaintiff sent timely administrative appeal Defendants determination withhold the additional pages their entirety. 
 11. letter dated February 10, 2014, Defendant affirmed its determination withhold the additional pages their entirety. 
 12. Because Defendant has denied Plaintiffs administrative appeals September 25, 2013 and January 10, 2014, Plaintiff has exhausted all administrative remedies with respect its July 24, 2013 FOIA request. U.S.C.  552(a)(6)(A)(ii). 
COUNT 
(Violation FOIA, U.S.C.  552) 
 13. Plaintiff realleges paragraphs through fully stated herein. 
 14. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
 15. 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. 
 WHEREFORE, Plaintiff respectfully 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 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:  March 18, 2014     Respectfully submitted, 
 
        /s/ Michael Bekesha   
        Michael Bekesha 
        D.C. Bar No. 995749 
        JUDICIAL WATCH, INC. 
        425 Third Street S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
         
        Counsel for Plaintiff