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Judicial Watch • 3 25 14 JW v HHS 1 14_cv_00429

3 25 14 JW v HHS 1 14_cv_00429

3 25 14 JW v HHS 1 14_cv_00429

Page 1: 3 25 14 JW v HHS 1 14_cv_00429

Category:Lawsuit

Number of Pages:4

Date Created:March 19, 2014

Date Uploaded to the Library:March 25, 2014

Tags:Human, Plaintiffs, requests, health, Services, responsive, filed, defendant, document, plaintiff, records, department, Washington, court, EPA, ICE, CIA


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  • demand_answers

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TJIE UNITED STATES DISTRICT COURT 
'OR TIIE DISTRICT COLUMilJA 
nJDIClAL WATCH, !NC.,  
425 Third Street, S.W., Suite 800  
Washington, 20024,  
Plaintiff,  Civil Action No. 
U.S. DEPARTMENT HEALTH HOMAN SERVICES 200 Independence Avenue, S.W. Washington, 20201, 
Defendant. 

COMPLAINT 
PlaintiffJudicial Watch, Inc. brings this action against Defendant U.S. Department 
Health Human Services compel compliance with the Freedom ofinformation Act, U.S.C. 
 552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE 
The Court has jurisdiction over this action pursuant U.8.C.  552(a)(4)(13) 
and U.S.C. 1331. 
Venue proper this district pursuant LJ.S.C.  1391(e). 
PARTIES PlaintiffJudicial Watch, Inc. non-profit, educational foundation organiz:ed 
under the laws the District Columbia and having its principal place business 425 Third
Street, SW., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, 
transparency, and accountability government and fidelity the rule oflaw. 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 U.S. Department Health and Human Services agency the 
U.S. Government and headquartered 200 Independence Avenue, S.W., Washington, 
20201. Defendant has possession, custody, and control records which Plaintiff seeks 
access. 
STATEMENT FACTS December 20, 2013, Plaintiff sent FOTA request the Centers for Medicare Medicaid Services, component Defendant U.S. Department Health and Human 
Services, seeking access to: 
Any and all records communications including, but not limited to, electronic communications (e-mails), between any officer employee the Centers for Medicare Medicaid Services (including, but not limited to, the Center for 
Consumer Information and Insurance Oversight (CCIIO)), and any other 
employee officer CMS, the Departmen Health and Human Servkes, and/or the Executive Office the President, regarding the December 19, 2013 policy guidance issued the CClTO. For purposes clarification, this policy guidance establishes hardship exemption for consumers whose health insurance policies have been cancelled and allows those consumers purchase 
"catastrophic" health insurance policies. 
Defendant acknowledged receipt Plaintiff's request December 27, 2013, and 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required respond 

assigned the request "Control Number 122020137051." 
Plaintiff's request within twenty (20) working days ofDeccmber 23, 2013, January 23, 
2014. ofthe date this Complaint, Defendant has failed produce any records 
responsive Plaintiffs requests demonstrate that responsive records arc exempt from 
production. Nor have they indicated whether when any responsive records will produced. Because Defendant has failed comply with the time limit set forth U.S.C.  
552(a)(6)(A)(i), Plaintiff deemed have exhausted any and all administrative remedies with 
respect its requests. U.S.C.  552(a)(6)(C). 
COUNT 
(Violation ofFOIA, U.S.C.  552) 
10. 
Plaintiff reallcgcs 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: (1) ord Defendant 
conduct search for any and all responsive records Plaintiffs FOTA requests and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive Plaintiffs requests; (2) order Defendant produce, date certain, any and all non
exempt records responsive Plaintiff's FOlA requests and Vaughn index any responsive 
records withheld under claim exemption; (3) enjoin Defendant from continuing withhold 
any and all non-exempt records responsive Plaintifrs FOIA requests; (4) grant Plaintiff 
award attorneys' fees and other litigation costs reasonably incurred this action pursuant 
U.S.C.  552(a)( 4)(E); und (5) grant Plaintiff such other relief the Court deems just and 
proper. 
Dated: March 18, 2014 Respectfully Submiued, 
Isl Jason 3. Aldrich 
D.C. Bur No. 495488 
JUD1CIAL WATCJl, INC. 

425 Third Street, SW, Suite 800 
Washington, 20024 

(202) 646-5172 

Allorneys.fin Plaintiff