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Judicial Watch • JW v Defense Congress escorts-transport 02236

JW v Defense Congress escorts-transport 02236

JW v Defense Congress escorts-transport 02236

Page 1: JW v Defense Congress escorts-transport 02236

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Number of Pages:4

Date Created:December 22, 2015

Date Uploaded to the Library:January 13, 2016

Tags:escorts, 02236, TRANSPORT, determination, Defense, Plaintiffs, Congress, responsive, September, Pentagon, defendant, filed, plaintiff, request, document, records, FOIA, Washington


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Case 1:15-cv-02236-APM Document Filed 12/22/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
Defendant.
Civil Action No.
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COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Defense 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 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-02236-APM Document Filed 12/22/15 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Defense agency the United States
Government and headquartered 1400 Defense Pentagon, Washington, 20301.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS August 14, 2015, Plaintiff submitted FOIA request the Air Force,
component Defendant, seeking the following: Any and all records concerning mission taskings flights escorting members Congress; Any and all records concerning transportation costs for transporting members Congress; Any and all passenger manifests (DD-2131) for transporting members
Congress; Any and all weekly travel reports for members Congress.
The time frame for this request runs from July 2015 the present. letter dated September 2015, Defendant acknowledged receiving Plaintiffs
request and advised Plaintiff that the request had been assigned Case# 2015-05709-F.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiffs 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, Defendants determination was due
September 21, 2015 the latest.
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Case 1:15-cv-02236-APM Document Filed 12/22/15 Page the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiffs 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.
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)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiffs request that are not lawfully exempt from production.
13.
Plaintiff being irreparably harmed reason Defendants violations ofFOIA,
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 Plaintiffs 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
Plaintiffs 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 FOIA request; (4) grant Plaintiff award attorneys fees and other
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Case 1:15-cv-02236-APM Document Filed 12/22/15 Page
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 22, 2015
Respectfully submitted,
Isl 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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