Skip to content

Judicial Watch • JW v. DOJ Yates complaint 00832

JW v. DOJ Yates complaint 00832

JW v. DOJ Yates complaint 00832

Page 1: JW v. DOJ Yates complaint 00832

Category:

Number of Pages:4

Date Created:May 5, 2017

Date Uploaded to the Library:May 08, 2017

Tags:Yates, 00832, orfanedes, produce, Pennsylvania, requested, complaint, responsive, justice, defendant, filed, plaintiff, request, document, DOJ, records, FOIA, department, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-00832 Document Filed 05/05/17 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 JUSTICE,
950 Pennsylvania Avenue
Washington, 20530,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Justice 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 submits FOIA requests federal agencies seeking access agency records. Plaintiff
Case 1:17-cv-00832 Document Filed 05/05/17 Page
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 Justice DOJ agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue NW, Washington, 20530.
STATEMENT FACTS February 2017, Plaintiff submitted FOIA request Defendant seeking
access all emails sent received Acting Attorney General Sally Yates her U.S.
Department Justice email account between January 21, 2017 and January 31, 2017. letter dated March 2017, Defendant acknowledged receiving Plaintiff
request February 2017. Defendant letter indicated that the request had been assigned
FOIA/File No. DOJ-2017-002048 (AG). 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
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.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
Case 1:17-cv-00832 Document Filed 05/05/17 Page
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within ten (20) working days
receiving the request the latest. Accordingly, Defendant determination was due about
March 2017. minimum, Defendant was required 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).
11.
Because Defendant failed determine whether comply with Plaintiff request
within the time period 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 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 1:17-cv-00832 Document Filed 05/05/17 Page
Dated: May 2017
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
porfanedes@judicialwatch.org
Counsel for Plaintiff