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Judicial Watch • Jw v Hhs Complaint 12302010

Jw v Hhs Complaint 12302010

Jw v Hhs Complaint 12302010

Page 1: Jw v Hhs Complaint 12302010

Category:General

Number of Pages:4

Date Created:January 4, 2011

Date Uploaded to the Library:February 20, 2014

Tags:12302010, complaint, HHS


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 Washington, 20024, Plaintiff, 
Civil Action No. 1:1O-cv-02328
Case 
Assigned To: Sullivan, Emmet GDEPARTMENT HEALTH Date 12/30/2010
ription: FONPrivacy Act
HUMAN SERVICES 
200 Independence Avenue, S.W. 
Washington, 20201, 
Defendant. 

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 
Plaintiff Judicial Watch, Inc. brings this action against Defendant Department Health Human Services 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 non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest 
mission, Plaintiff regularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 200 Independence Avenue, S.W., Washington, 20201. Defendant has possession, custody, and control records which Plaintiff seeks access. 

STATEMENT FACTS October 2010, Plaintiff sent FOIA request Defendant seeking access the following: 	All records concerning the decision grant waivers the Annual Limits Requirements PHS Act Section 2711; and 	All communications between McDonald's Corp. and HHS concerning Annual Limits Requirements. 
The time frame for this request from March 2010 the present. 
Defendant acknowledged receipt Plaintiffs FOIA request letter dated October 2010. 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond Plaintiffs FOIA request within twenty (20) working days, November 2010. the date this Complaint, Defendant has failed produce any records responsive the request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. short, Defendant has failed respond the request any manner. 
Because Defendant 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 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 

10. Plaintiff rnalleges paragraphs through fully stated herein. 
11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

12. 
Plaintiff being irreparably harmed reason Defendant's unlawful withholding requested records, 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 search for any and all responsive records Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff's 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's FOIA request; 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 30, 2010 Respectfully submitted, JUDICIAL WATCH, INC. 

Attorneys for Plaintiff