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Judicial Watch • Judicial Watch v. HUD (Mt. Holly and Magner requests)

Judicial Watch v. HUD (Mt. Holly and Magner requests)

Judicial Watch v. HUD (Mt. Holly and Magner requests)

Page 1: Judicial Watch v. HUD (Mt. Holly and Magner requests)

Category:Lawsuit

Number of Pages:5

Date Created:September 23, 2013

Date Uploaded to the Library:October 07, 2013

Tags:Mt. Holly v. Mt. Holly Gardens Citizens in Action, magner v. gallagher, hud


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  • demand_answers

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Case 1:13-cv-01451 Document Filed 09/24/13 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT HOUSING
AND URBAN DEVELOPMENT,
451 Seventh Street, S.W.
Washington, 20410,
Defendant.
___________________________________
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc., and through its undersigned counsel, brings this action
against Defendant United States Department Housing and Urban Development 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, S.W., Suite
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and
accountability government and fidelity the rule law. furtherance its public interest
Case 1:13-cv-01451 Document Filed 09/24/13 Page
mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and offices, and disseminates its findings the public.
Defendant United States Department Housing and Urban Development HUD agency the United States and headquartered 451 Seventh Street, S.W.,
Washington, 20410. Defendant HUD has possession, custody, and control public records which Plaintiff seeks access.
STATEMENT FACTS July 22, 2013, Plaintiff sent two FOIA requests HUD via certified mail and
facsimile. The first FOIA request (the Mt. Holly request sought access the following public
records:
Any and all records regarding the case pending the
Supreme Court the date this request Township
Mt. Holly Mt. Holly Gardens Citizens Action, Inc.,
including but not limited communications regarding the
possibility settlement between the parties. This request
applies records regarding this case during any state its
proceedings.
The time frame the Mt. Holly request was identified being from January 2011 until the date the request, July 22, 2013.
The second FOIA request (the Magner request sought access the following
public records:
Any and all records regarding the case dismissed from the
Supreme Court February 14, 2012 Magner
Gallagher, including but not limited communications
regarding the dismissal the case.
The time frame the Magner request was identified being from September 2010 the date the request, July 22, 2013.
-2-
Case 1:13-cv-01451 Document Filed 09/24/13 Page August 2013, representative HUD, Deena Jih, contacted Plaintiff
telephone asking for clarification the Magner request, mistakenily believing that the Magner
request duplicated another FOIA request sent Plaintiff April 2012. Plaintiff informed the
HUD representative that the time frames the two requests were different, and, particular, that
the prior request had sought records and including April 2012 and that the Magner request
sought records from April 2012 July 22, 2013. The HUD representative advised Plaintiff
that, response the Magner request, HUD would search for and produce any responsive records
from the April 2012 July 22, 2013 time period. August 2013, HUD sent separate letters acknowledgment separately
acknowledging receipt both the Mt. Holly request and the Magner request.
Defendant HUD was required determine whether comply with Plaintiff
requests within twenty (20) working days after receipt the requests, pursuant U.S.C. 
552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff
immediately the determination, the reasons therefor, and the right appeal any adverse
determination the head the agency.
10. the date this Complaint, Defendant HUD has failed make
determination about whether will comply with either the Mt. Holly request the Magner
request, notify Plaintiff any determination, notify Plaintiff its right appeal any adverse
determination the head the agency. Moreover, Defendant HUD has failed produce any
records responsive either request, indicate when any responsive records will produced,
demonstrate that responsive records are exempt from production.
-3-
Case 1:13-cv-01451 Document Filed 09/24/13 Page
11.
Because Defendant failed comply with the time limit set forth U.S.C. 
552(a)(6)(A)-(B), Plaintiff deemed have exhausted any and all administrative remedies with
respect the Mt. Holly request and the Magner request, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
14.
Plaintiff being irreparably harmed reason Defendant 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 this Honorable Court: (1) order
Defendant conduct search for any and all responsive records Plaintiff FOIA requests, and
demonstrate that employed search methods reasonably likely lead the discovery records
responsive Plaintiff FOIA requests; (2) order Defendant produce, date certain, any and
all non-exempt records responsive Plaintiff FOIA requests, 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 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 under the circumstances herein.
-4-
Case 1:13-cv-01451 Document Filed 09/24/13 Page
Dated: September 23, 2013
Respectfully submitted,
JUDICIAL WATCH, INC.
/S/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
(202) 646-5199, facsimile
porfanedes@judicialwatch.org
Attorneys for Plaintiff
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