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Judicial Watch • Hartley v DOS Complaint 9162011

Hartley v DOS Complaint 9162011

Hartley v DOS Complaint 9162011

Page 1: Hartley v DOS Complaint 9162011

Category:General

Number of Pages:4

Date Created:September 15, 2011

Date Uploaded to the Library:February 20, 2014

Tags:reservoir, hartley, Mexican, Plaintiffs, September, filed, defendant, document, plaintiff, request, records, david, court, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

TIFF ANY HARTLEY,  
c/o Judicial Watch, Inc.  
425 Third Street, Suite 800  
Washington, 20024,  
Plaintiff,  Civil Action No.  
U.S. DEPARTMENT STATE,  
2201 Street  
Washington, 20520,  
Defendant.  

Plaintiff Tiffany Hartley brings this action against Defendant U.S. Department State ("State Department") compel compliance with the Freedom oflnformation 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 Tiffany Hartley individual and resident the state Colorado. Plaintiffs husband, David Hartley, was shot September 30, 2010 while Plaintiff and her husband were jet-skiing Falcon International Reservoir, which located between Texas and the Mexican state Tamaulipas. Plaintiffs husband fell into the reservoir after being shot. has never been found and presumed dead. Law enforcement authorities repo11edly believe that drug cartel gunmen killed Plaintiffs husband. suspected that Plaintiff seeking records about the U.S. Government's response her husband's death. Defendant agency the U.S. Government and headquartered 2201 Street NW, Washington, 20520. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 2011, Plaintiff submitted FOIA request Defendant, facsimile and certified mail, seeking access the following public records: 
(a) 
Any and all records concerning, regarding, relating the September 30, 2010 shooting and presumed death David Hartley Falcon International Reservoir ("Falcon Lake") hereafter "September 30, 2010 incident") located between Texas and the Mexican state Tamaulipas; 

(b) 
Any and all records any investigation( conducted the Department Justice concerning, regarding, relating the September 30, 2010 incident; Any and all records communications, contacts, correspondence concerning, regarding, relating the September 30, 2010 incident any investigation(s) the September 30, 2010 incident between the Department Justice and any the following: Any employees, officials representatives the U.S. Government; 
ii. Any employees, officials representatives the Mexican Government; 

111. Any employees, officials representatives the state Texas; 
iv. Any employees, officials, representatives the state 
Colorado; Tiffany Hartley, widow David Hartley, any representatives Ms. Hartley; 

vi. Any other entity, organization, individual not specifically described above. 
The timeframe for the request was identified September 30, 2010 June 2011. letter dated June 21, 2011, Defendant acknowledged receipt Plaintiff's request and assigned Case Control Number 201104567. 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant's response Plaintiff's June 2011 FOIA request was due, the latest, within twenty working days June 21, 2011, July 20, 2011. the date this Complaint, Defendant has failed produce any records responsive Plaintiff's June 2011 FOIA request demonstrate that responsive records are exempt from production. 
Because Defendant has failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its June 2011 FOIA request pursuant U.S.C.  552(a)(6)(C). 

COUNTl 
(Violation FOIA, U.S.C.  552) 

10. Plaintiff realleges paragraphs through fully stated herein. 
11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

12. 
Plaintiff being irreparably haimed 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) order Defendant conduct search for any and all responsive records Plaintiff's June 2011 FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date ce1iain, any and all non-exempt records responsive Plaintiff's 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's FOIA request; 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: September 15, 2011 Respectfully submitted, 
JUDICIAL WATCH, INC. 

D.C. Bar No.10011557 425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorney for Plaintiff