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Judicial Watch • JW v HHS Family planning 01697

JW v HHS Family planning 01697

JW v HHS Family planning 01697

Page 1: JW v HHS Family planning 01697

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Number of Pages:5

Date Created:October 16, 2015

Date Uploaded to the Library:October 20, 2015

Tags:01697, Nucatola, Planning, family, Deborah, Plaintiffs, defendants, requests, Services, HHS, responsive, defendant, filed, plaintiff, request, document, records, FOIA, Washington, court


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Case 1:15-cv-01697 Document Filed 10/16/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, D.C. 20024,
Plaintiff,
U.S. DEPARTMENT HEALTH HUMAN SERVICES,
200 Independence Avenue,
Washington, D.C. 20201,
Defendant.
~~~~~~~~~-
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Health and 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 Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street SW,
Suite 800, Washington, D.C. 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
Case 1:15-cv-01697 Document Filed 10/16/15 Page
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 U.S. Department Health and Human Services agency the U.S.
Government and headquartered 200 Independence Avenue SW, Washington, D.C. 20201.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS August 10, 2015, Plaintiff submitted FOIA request Defendants FOIA
Services Office (the HHS Request), certified mail, seeking access the following:
Any and all records concerning, regarding, related contracts and/or
consultancy agreement between the HHS Office Population Affairs and Dr.
Deborah Nucatola regarding her work the 2014 report Providing Quality
Family Planning Services.
The timeframe for this request January 2010 May 2014
Also August 10, 2015, Plaintiff submitted FOIA request the Centers for
Disease Control and Prevention (the CDC Request), component Defendant, certified
mail, seeking access the following:
Any and all records concerning, regarding, related
contracts and/or consultancy agreement between the CDC
and Dr. Deborah Nucatola regarding her work the report
Providing Quality Family Planning Services, released
April 25, 2014;
11.
Any and all records concerning, regarding, related
contracts and/or consultancy agreement between the CDC
and Dr. Deborah Nucatola regarding her work the report
Sexually Transmitted Diseases Treatment Guidelines,
released June 2015;
ui.
Any and all records concerning, regarding, related
contracts and/or consultancy agreement between the CDC
and Dr. Deborah Nucatola regarding her work the U.S.
Case 1:15-cv-01697 Document Filed 10/16/15 Page
Selected Practice Recommendations for Contraceptive Use
released 2013;
1v.
Any and all records concerning, regarding, related
contracts and/or consultancy agreement between the CDC
and Dr. Deborah Nucatola regarding her work the
updated guidelines for contraception for HIV-infected
women released 2012; and
Any and all records concerning, regarding, related
contracts and/or consultancy agreement between the CDC
and Dr. Deborah Nucatola regarding her work the
updated guidelines for contraception for post-partum
women released 2011.
According U.S. Postal Service records, the CDC Request was received
August 14, 2015. letter dated August 19, 2015, Defendant acknowledged receiving the HHS
Request August 19, 2015 and notified Plaintiff that the request had been assigned File No.
2015-0956-FOIA-OS. letter dated August 27, 2015, Defendant acknowledged receipt the CDC
Request, but did not confirm the date that the request had been received. The August 27, 2015
letter also notified Plaintiff that the CDC Request had been assigned Request No. 15-00923-FOIA.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiffs requests within twenty (20) working days and notify Plaintiff
immediately its determinations, the reasons therefor, and the right appeal any adverse
determination. Defendants determinations and notifications Plaintiff were due later than
September 18, 2015.
10. the date this complaint, Defendant has failed to: (i) determine whether
comply with the requests; (ii) notify Plaintiff any such determinations the reasons therefor;
Case 1:15-cv-01697 Document Filed 10/16/15 Page
(iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested
records otherwise demonstrate that the requested records are exempt from production.
11.
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 pursuant U.S.C. 552(a)(6)(C).
COUNTl
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs 1through11 fully stated herein.
13.
Defendant unlawfully withholding records requested Plaintiff under FOIA.
14.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding records responsive Plaintiffs FOIA requests, 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 search
for any and all records responsive Plaintiffs FOIA requests and demonstrate that employed
search methods reasonably likely lead the discovery ofrecords responsive Plaintiffs FOIA
requests; (2) order Defendant produce, date certain, any and all non-exempt records
responsive Plaintiffs 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
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 1:15-cv-01697 Document Filed 10/16/15 Page
Dated October 16, 2015
Respectfully submitted,
Isl Paul Or(anedes
Paul Orfanedes Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel:
(202) 646-5172
porfanedes@judicialwatch.org
Counsel for Plaintiff