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Judicial Watch • 3 25 14 Judicial Watch v HHS (1 14_cv_00430)

3 25 14 Judicial Watch v HHS (1 14_cv_00430)

3 25 14 Judicial Watch v HHS (1 14_cv_00430)

Page 1: 3 25 14 Judicial Watch v HHS (1 14_cv_00430)

Category:Lawsuit

Number of Pages:3

Date Created:March 19, 2014

Date Uploaded to the Library:March 25, 2014

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


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  • demand_answers

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Case 1:14-cv-00430-KBJ Document Filed 03/18/14 Page THE UNITED STATl:S DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
425 Third Street> S.W Suite 800  
Washington, 20024,  
Plaintiff,  Civil Action No.  
U.S. DEPARTMENT HEALTH HUMAN SERVICES  
200 Independence venue, S.W.  
Washington> 20201,  
Defendant.  

COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Health Human Services compel compliance with the Freedom Information Act, U.S.C.  552 ("FOTA'} grounds therefor, Plaintiff alleges follows: 
JURISDICTLON 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 Judicial Watch, Inc. 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 govemment and fidelity the rule oflaw. furtherance its public interest mission, Plaintiff regularly requests access the public records federal, 

Case 1:14-cv-00430-KBJ Document Filed 03/18/14 Page 
state, and local goverrunent agencies, entities, and offices, and disseminates its findings the public. Defendant ll.8. 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 acces. 
STATEMENT FACTS December 20, 2013, Plaintiff sent FOIA request the Centers for Medicare Medicaid Services, component ofDefondant U.S. Department Health and Human 
Services, seeking access to: 
Any and all records related to, regarding connection with the security the healthcare.gov web po1tal including, but not limited to, studies, memoranda, conespondence, electronic communications (e-mails), and slide presentations from January 2012 the present date. 
According U.S. Postal Service records, Defendant received Plaintiffs FOlA 
request December 26, 2013. 
Pursuant U.S.C.  552(a)(6)(A)(i). Defendant was required respond Plaintiffs request within twenty (20) working days December 26, 2013, January 27, 2014. the date this Complaint, Defendant has failed produce any records responsive Plaintiffs requests demonstrate that responsive records are 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 
Case 1:14-cv-00430-KBJ 
respect its requests. U.S.C.  552(a)(6)(C). 

10. Plaintiff realleges paragraphs through fully stated herein. 
11. 
Defendant unlawfully withholding records requested Plaintiffpmsuant u.s.c.  552. 

12. 
Plaintiff being irreparably harmed reason Defendant's wtlawful withholding ofrequested 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 requests and demonstrate that employed search methods reasonably Hke1y lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiff's FOIA requests and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all nonexempt records responsive Plaintiffs FOIA requests; (4) grant Plaintiff award attorneys' foes and other litigation costs reasonably incurred this action pursuant 
U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such olher relief the Comt deems just and 
proper. 
Dated: March 18, 2014 Respectfully Submitted, 

Isl Jason Aldrich 
D.C. Rar No. 495488 JUDICIAL WATCH, lNC. 425 Third Street, SW, Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff