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Judicial Watch • JW v FCC 01728 media monitoring

JW v FCC 01728 media monitoring

JW v FCC 01728 media monitoring

Page 1: JW v FCC 01728 media monitoring

Category:Lawsuit

Number of Pages:4

Date Created:October 21, 2014

Date Uploaded to the Library:November 14, 2014

Tags:01728, FCC


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

WDICIAL WATCH, INC., 
425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Plaintiff, 
FEDERAL COMMUNICATIONS 
COMMISSION, 
445 12th Street, SW, 
Washington, D.C. 20554, 

Defendant. Civil Action No. 
COMPLAINT 

Plaintiff Judicial Watch, Inc. brings this action against Defendant Federal Communications Commission 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 .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, D.C. 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 responses and disseminates its findings and the requested records the American public 
inform them about "what their government to." Defendant Federal Communications Commission agency the United 
States Government and headquartered 445 12th Street, SW, Washington, D.C. 20554. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS February 12, 2014, Plaintiff submitted FOIA request Defendant, 
certified mail, seeking access the following: 
Any and all records the possession the Federal Communications Commission (FCC) relating the Multi-Market Critical Information Needs study conducted the FCC, including, but not limited to, studies, memoranda and communications between FCC Commissioners and/or staff members related the Multi-Market Critical Information Needs study. February 14, 2014, Defendant acknowledged receipt Plaintiff's request and assigned the request FOIA control number 2014-244. Defendant also informed Plaintiff that Defendant had invoked 10-day extension time process the request, authorized 
U.S.C.  552(a)(6)(B). Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine 
whether comply with the request within thirty (30) working days receipt and notify Plaintiff 
immediately its determination, the reasons therefor, and the right appeal any adverse 
determination. Accordingly, Defendant's determination was due March 17, 2014. the date this complaint, Defendant has failed to: (i) determine whether 
comply with the request; (ii) notify Plaintiff any such determination the reasons therefor; 

(iii) advise Plaintiff the right appeal any adverse determination; and/or (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. Because the 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). 
COUNTl 
Violation FOIA, U.S.C.  552  
IO.  Plaintiffrealleges paragraphs through9 fully stated herein.  Defendant unlawfully withholding records requested Plaintiff under FOIA.  
I2.  Plaintiff being irreparably harmed reason Defendant's unlawful  

withholding records responsive Plaintiff's 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 searches for any and all records responsive Plaintiff's FOIA requests and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records responsive FOIA requests 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 requests; (4) grant Plaintiff award attorney's 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: October 2014 
Respectfully submitted, hrfa Fedeli 
Chris Fedeli Bar No. 472919 
JUDICIAL WATCH, INC. 

425 Third Street,  Suite 800 
Washington, 20024 

Tel: (202) 646-5172 
cfedeli@judicialwatch.org 
A-rtorney for Plainfi.ff