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Judicial Watch • JW v DOJ DATTO Clinton email backup 02369

JW v DOJ DATTO Clinton email backup 02369

JW v DOJ DATTO Clinton email backup 02369

Page 1: JW v DOJ DATTO Clinton email backup 02369

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Number of Pages:4

Date Created:December 5, 2016

Date Uploaded to the Library:January 23, 2017

Tags:backup, DATTO, 02369, ROTHSTEIN, produce, Pennsylvania, requested, email, responsive, justice, defendant, filed, clinton, plaintiff, request, FBI, document, records, DOJ, FOIA, Washington


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Case 1:16-cv-02369 Document Filed 12/05/16 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 JUSTICE,
950 Pennsylvania Avenue, N.W.
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendant U.S.
Department Justice Defendant 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
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:16-cv-02369 Document Filed 12/05/16 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue, NW, Washington, 205300001.
STATEMENT FACTS October 12, 2016, Plaintiff submitted FOIA request, certified mail, the
Federal Bureau Investigation, component Defendant, seeking the following:
Any and all records, including but not limited emails text messages (SMSs, MMSs, BBMs, iMessages, etc.),
discovered, recovered, retrieved from, found any
Datto device, equipment, hardware connected
used backup support former U.S. Secretary
State Hillary Rodham Clinton clintonemail.com email
system.
Any and all records concerning relating the FBI
efforts discover, recover, retrieve, find emails
text messages stored the Datto device, equipment,
hardware referenced Request No.
According U.S. Postal Service Records, Defendant received Plaintiff request October 17, 2016. October 26, 2016 letter, Defendant acknowledged receiving Plaintiff
FOIA request and assigned the request FOIPA Request No. 1360145-000. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
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Case 1:16-cv-02369 Document Filed 12/05/16 Page
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within the time limits set
FOIA. Accordingly, Defendant determination was due about November 30, 2016.
minimum, Defendant was obligated to: (i) gather and review the requested documents; (ii)
determine and communicate Plaintiff the scope any responsive records Defendant intended produce withhold and the reasons for any withholdings; and (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination. See, e.g., Citizens for Responsibility and
Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff request
and/or determine whether comply with Plaintiff appeal within the time required FOIA,
Plaintiff deemed have exhausted its administrative appeal remedies. U.S.C.
552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive 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 non-3-
Case 1:16-cv-02369 Document Filed 12/05/16 Page
exempt 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.
Dated: December 2016
Respectfully submitted,
/s/David Rothstein
David Rothstein
D.C. Bar No. 450035
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: (202) 646-5172
Email: drothstein@judicialwatch.org
Counsel for Plaintiff
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