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Judicial Watch • JW v Commerce NOAA 02088

JW v Commerce NOAA 02088

JW v Commerce NOAA 02088

Page 1: JW v Commerce NOAA 02088

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Number of Pages:4

Date Created:December 2, 2015

Date Uploaded to the Library:December 09, 2015

Tags:NOAA, 02088, Commerce, determination, responsive, filed, defendant, document, plaintiff, request, records, FOIA, states, Washington, court, united


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Case 1:15-cv-02088 Document Filed 12/02/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES DEPARTMENT COMMERCE,
1401 Constitution Avenue,
Washington, 20230,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Commerce 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, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:15-cv-02088 Document Filed 12/02/15 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant United States Department Commerce agency the United
States Government and headquartered 1401 Constitution Avenue, NW, Washington, D.C.
20230. Defendant has possession, custody, and control records which Plaintiff seeks
access.
STATEMENT FACTS October 30, 2015, Plaintiff submitted FOIA request the National
Oceanographic and Atmospheric Administration, component Defendant, seeking access to: Any and all documents and records communications sent from NOAA officials, employees and contractors regarding,
concerning relating the methodology and utilization
Night Marine Air Temperatures adjust ship and buoy
temperature data. Any and all documents and records communications sent from NOAA officials, employees and contractors regarding,
concerning relating the use other global temperature
datasets for both NOAA in-house dataset improvements and
monthly press releases conveying information the public
about global temperatures. Any and all documents and records communications sent from NOAA officials, employees and contractors regarding,
concerning relating the utilization and consideration
satellite bulk atmospheric temperature readings for use
global temperature datasets. Any and all documents and records communications sent from NOAA officials, employees and contractors regarding,
concerning relating subpoena issued for the
aforementioned information Congressman Lamar smith
October 13, 2015.
The time frame for the requested records October 30, 2014
through October 30, 2015.
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Case 1:15-cv-02088 Document Filed 12/02/15 Page
Plaintiff sent its request via U.S. Postal Service USPS Certified Mail, Receipt
No. 70150640000798544253. USPS provided Plaintiff Domestic Return Receipt signed
showing that Defendant received the request certified mail November 2015.
Defendant has failed acknowledge Plaintiff request and has provided
information concerning the status the request.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiff request within twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination. Accordingly, Defendant determination was due
November 23, 2015. the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiff 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.
10.
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 request, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Additionally, Defendant violating FOIA failing search for and produce all
records responsive Plaintiff request that are not lawfully exempt from production.
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Case 1:15-cv-02088 Document Filed 12/02/15 Page
13.
Plaintiff being irreparably harmed reason Defendant violations FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
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.
Dated: December 2015
Respectfully submitted,
/s/ Lauren Burke
Lauren Burke
D.C. Bar No. 1028811
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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