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Judicial Watch • Daily Caller v CFPB 01125 File Stamped Complaint

Daily Caller v CFPB 01125 File Stamped Complaint

Daily Caller v CFPB 01125 File Stamped Complaint

Page 1: Daily Caller v CFPB 01125 File Stamped Complaint

Category:Legal Document

Number of Pages:4

Date Created:July 15, 2015

Date Uploaded to the Library:July 15, 2015

Tags:01125, Caller, daily, File, stamped, specific, Congressional, protection, Cheney, bureau, cfpb, complaint, responsive, defendant, filed, plaintiff, michael, request, document, records, FOIA, Washington, court


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Case 1:15-cv-01125 Document Filed 07/15/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
THE DAILY CALLER NEWS FOUNDATION,
1050 17th Street, N.W., Suite 900,
Washington, 20036
Plaintiff,
CONSUMER FINANCIAL
PROTECTION BUREAU
1700 Street, N.W.
Washington, 20220,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff The Daily Caller News Foundation 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 Daily Caller News Foundation has its principal place business
1050 17th Street, N.W., Suite 900, Washington, 20036.
Founded 2011 Tucker
Carlson, 20-year veteran print and broadcast media, and Neil Patel, former chief policy
adviser Vice President Dick Cheney, Plaintiff 501(c)(3) non-profit providing original
Case 1:15-cv-01125 Document Filed 07/15/15 Page
investigative reporting from team professional reporters that operates for the public benefit.
Plaintiff website reaches approximately three million unique monthly visitors and its content,
which available without charge any eligible news publisher, published The Daily
Caller, Yahoo News, Business Insider and growing host other media outlets, reaching
combined audience estimated excess million readers.
Defendant Consumer Financial Protection Bureau 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 February 27, 2015, Plaintiff filed FOIA request with Defendant seeking
access, part1, to:
All emails from union chapter president Robert Cauldwell between
January 2014 February 27, 2015 that make reference political
parties, elected political figures, congressional committees, congressional
testimony and congressional activities including hearings, investigatory
activities subpoenas; and
All emails sent received from Bureau employee and active union
member Anthony Ramono between January 2014 February 27, 2015
that make reference political parties, elected political figures,
congressional committees, congressional testimony and congressional
activities including hearings, investigatory activities subpoenas. March 19, 2015, Plaintiff narrowed the request providing Defendant with
list specific terms searched. letter dated April 2015 Defendant informed Plaintiff its final
determination. Defendant stated:
The FOIA request consisted five parts.
issue this lawsuit.
Only parts one and five the request are
Case 1:15-cv-01125 Document Filed 07/15/15 Page
After further review items and your FOIA request and the fact that they
produced several thousand potentially responsive records, determined that
these items are too broad scope did not specifically identify the records
which you are seeking. Records must described reasonably sufficient
detail enable government employees who are familiar with the subject area
locate records without placing unreasonable burden upon the agency. For this
reason, 1070.14 the CFPB regulations (12 C.F.R. Part 1070) require that you
describe the records you are seeking with much information possible
ensure that our search can locate them with reasonable amount effort.
Whenever possible, request should include specific information about each
record sought, such the date, title name, author, recipients, and subject
matter the records, known, the CFPB office you believe created and/or
controls the record. The FOIA does not require agency create new records,
answer questions posed requesters, attempt interpret request that does
not identify specific records. You may consider submitting new FOIA request
the future with specific keywords, phrases, other details further clarify these
items. letter dated April 25, 2015, Plaintiff sent timely administrative appeal
Defendant final determination.
Specifically, Plaintiff appealed Defendant determination
that the requests were too broad and that they did not specifically identify the records which
Plaintiff was seeking. letter dated May 21, 2015, Defendant denied Plaintiff administrative appeal,
affirming Defendant final determination that the requests were insufficiently specific and
therefore unreasonably burdensome.
10.
Because Defendant has denied Plaintiff April 25, 2015 administrative appeal,
Plaintiff has exhausted all administrative remedies with respect its February 27, 2015 FOIA
request. U.S.C. 552(a)(6)(A)(ii).
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Defendant unlawfully withholding public records requested Plaintiff
pursuant U.S.C. 552.
Case 1:15-cv-01125 Document Filed 07/15/15 Page
13.
Plaintiff being irreparably harmed reason Defendant 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 Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all
non-exempt records responsive Plaintiff 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 Plaintiff 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: July 15, 2015
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