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Judicial Watch • Filed Complaint7 12

Filed Complaint7 12

Filed Complaint7 12

Page 1: Filed Complaint7 12

Category:General

Number of Pages:5

Date Created:June 7, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Cordray, determination, Department of the Treasury, cfpb, defendants, Pursuant, White, responsive, defendant, president, Obama, watch, plaintiff, request, White House, records, Richard, Washington, court, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT
 FOR THE DISTRICT COLUMBIA
 
JUDICIAL WATCH, INC. 425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Plaintiff, Civil Action No. CONSUMER FINANCIAL PROTECTION BUREAU 1700 St., Washington, 20220
 Defendant.
 ___________________________________
 

COMPLAINT 
Plaintiff Judicial Watch, Inc. 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 Judicial Watch, Inc. (Plaintiff) non-profit, educational foundation organized 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 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 Consumer Financial Protection Bureau (CFPB) agency the 
U.S. Government and headquartered 1700 Street, NW, Washington 20220. CFPB 
has possession, custody, and control certain public records which Plaintiff seeks access. 

STATEMENT FACTS January 12, 2012, Plaintiff submitted FOIA request CFPB, facsimile and 
certified mail, seeking access the following public records: All records communications between the CFPB and the 
White House concerning President Obamas January 2012 visit 
the CFPB, reported the enclosed Politico article [Joseph Williams, Obama takes victory lap CFPB, Politico (Jan. 2012)]. All records communications between the CFPB and the 
following entities concerning President Obamas recess 
appointment Richard Cordray director the CFPB: 
The White House; 
The Executive Office the President; 
The Department the Treasury; 
The United States Congress. January 25, 2012, Plaintiff submitted another FOIA request CFPB, 
facsimile and certified mail, seeking access the following public records: All communications concerning, referring, relating 
Richard Cordrays appointment director the CFPB; All reimbursements, reservations, vouchers and any other documentation reflecting travel and lodging for Mr. Cordray, his family, any additional guests, and the Ohio judge who January 2012 accepted Mr. Cordrays Oath Office Washington, D.C. 
The time frame for this request December 2011 through the present. 
Pursuant U.S.C.  552(a)(6)(A)(i), CFPB was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt each request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Accordingly, CFPBs determination the January request was due February 10, 2012 the latest, and CFPBs determination the January request was due February 23, 2012 the latest. the date this Complaint, CFPB has failed to: (i) determine whether comply with Plaintiffs January FOIA request; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 
Because CFPB failed comply with the time limit set forth U.S.C.  552(a)(6)(A) with respect the January request, Plaintiff deemed have exhausted any and all administrative remedies with respect that request, pursuant U.S.C.  552(a)(6)(C). 

10. 
CFPB sent interim response Plaintiffs January request letter dated March 30, 2012 and made partial production responsive records. CFPBs letter stated, Your appeal rights will provided our final response your FOIA request. date time estimate was provided for when Plaintiff could expect receive final response. 

11. the date this Complaint, CFPB failed to: (i) determine whether fully comply with Plaintiffs January FOIA request; (ii) notify Plaintiff any such final determination the reasons therefor; (iii) provide Plaintiff with full production documents responsive its January FOIA request otherwise demonstrate the requested records are 

exempt from production; (iv) advise Plaintiff the right appeal any adverse determination; 
(v) indicate when any remaining responsive records will produced. 
12. Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A) with respect the January request, Plaintiff deemed have exhausted any and all administrative remedies with respect that request, pursuant U.S.C.  552(a)(6)(C). 

COUNT
 (Violation FOIA, U.S.C.  552)
 
13. Plaintiff realleges paragraphs through fully stated herein. 
14. 
Defendants are 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 Defendants are compelled conform their conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct search for any and all records responsive Plaintiffs FOIA requests and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendants produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA requests and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendants from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA requests; (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: June 2012 Respectfully submitted, 
JUDICIAL WATCH, INC. 
/S/ Paul Orfanedes 
D.C. Bar No. 429716
 425 Third Street, S.W., Suite 800
 Washington, 20024
 
(202) 646-5172
 
Attorneys for Plaintiff



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