Skip to content

Judicial Watch • Judicial Watch v. State Department 01128 File Stamped Complaint

Judicial Watch v. State Department 01128 File Stamped Complaint

Judicial Watch v. State Department 01128 File Stamped Complaint

Page 1: Judicial Watch v. State Department 01128 File Stamped Complaint

Category:Legal Document

Number of Pages:4

Date Created:July 15, 2015

Date Uploaded to the Library:July 15, 2015

Tags:01128, File, stamped, determination, complaint, responsive, defendant, filed, plaintiff, request, michael, document, records, FOIA, department, office, Washington, court


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:15-cv-01128 Document Filed 07/15/15 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 STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
State 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. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Case 1:15-cv-01128 Document Filed 07/15/15 Page
Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
the responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department State agency the United States
Government and headquartered 2201 Street NW, Washington, D.C. 20520. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS May 2011, Plaintiff submitted FOIA request Defendant seeking access any and all communications between the Office the Secretary State and the White
House/Executive Office the President concerning, regarding, relating the photographs
Osama bin Laden from about May 2011 letter dated May 17, 2011, Defendant acknowledged receipt the FOIA
request and assigned the request Case Control Number 2011-03524.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the FOIA request within twenty (20) working days receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination.
Defendant determination regarding Plaintiff FOIA request was due June
15, 2011 the latest. July 13, 2015, Defendant informed Plaintiff that the FOIA request still open
and continues processed.
10. the date this complaint, Defendant has failed to: (i) determine whether
comply with the FOIA request; (ii) notify Plaintiff any such determination the reasons
Case 1:15-cv-01128 Document Filed 07/15/15 Page
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.
11.
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 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 records responsive Plaintiff FOIA request, 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 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 nonexempt records 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.
Case 1:15-cv-01128 Document Filed 07/15/15 Page
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