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Judicial Watch • Judicial Watch v Department of Energy No 12 171 Complaint 212012

Judicial Watch v Department of Energy No 12 171 Complaint 212012

Judicial Watch v Department of Energy No 12 171 Complaint 212012

Page 1: Judicial Watch v Department of Energy No 12 171 Complaint 212012


Number of Pages:3

Date Created:February 2, 2012

Date Uploaded to the Library:February 20, 2014

Tags:212012, Energy, complaint, department

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425 Third Street, S.W., Suite 800 Washington, 20024, 
U.S. DEPARTMENT ENERGY, 1000 Independence Ave., S.W. Washington, 20585, 
Defendant.  Case: :12-cv-00171  Assigned To: Boasberg, James  Assign. Date 2/1/2012  Description: FOINPrivacy Act  

Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department 
Energy 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 non-profit, educational foundation organized under the laws the 
District Columbia and having its principal place business 425 Third Street, Suite 
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and 
accountability government and fidelity the rule law. furtherance its publjc interest 
would conducted, and assigned control number HQ-2012-00319-F Plaintiffs request. 
However, Defendant's acknowledgment letters did not state when Plaintiff could expect receive substantive response its request. Pursuant U.S.C.  552(a)(6)(A)(i), the DoE was required respond 
Plaintiff's FOIA request within twenty (20) working days November 25, December 23, 
2011. the date this Complaint, Defendant has failed produce any records 
responsive Plaintiffs request demonstrate that responsive records are exempt from 
production. Nor have they indicated whether when they will produce any responsive 
10. Because Defendant 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 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) Plaintiff realleges paragraphs through fully stated herein. 
Defendant unlawfully withholding records requested Plaintiff pursuant 

Plaintiff being irreparably harmed reason Defendant's unlawful U.S.C.  552. 
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 Plaintifrs FOIA request and demonstrate 

that employed search methods reasonably likely lead the discovery records responsive 
Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and 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 Plaintiffs 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: February 2012 Respectfully submitted, 

JUDICIAL WATCH, INC. 425 Third Street> SW, Ste. 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff