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Judicial Watch • JW v Labor Department

JW v Labor Department

JW v Labor Department

Page 1: JW v Labor Department

Category:General

Number of Pages:4

Date Created:March 14, 2013

Date Uploaded to the Library:February 20, 2014

Tags:Solis, determination, maryland, Pursuant, responsive, Secretary, defendant, watch, plaintiff, request, records, judicial, states, Washington, court, united, EPA, ICE, CIA


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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. 
U.S. DEPARTMENT LABOR, 
200 Constitution Ave., N.W. 
Washington, 20210, 
Defendant. 
___________________________________ 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Labor 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 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 Constitution Ave, N.W., Washington, 20210.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 2012, Plaintiff sent FOIA request Defendant certified mail, return receipt requested, seeking access the following:  Documentation funding Casa Maryland, directly through its affiliation with Prince Georges and Montgomery County Colleges;  Talking points, briefing books, any other internal memoranda (in any language) developed preparation for Secretary Soliss visit Casa Maryland this week;  Documentation transportation, meals, and security associated with Secretary Soliss visit Casa Maryland this week, including invoices, reimbursement authorizations, and check requisitions; and,  Notes, agendas, minutes, and any other communications relating Secretary Soliss visit Casa Maryland this week, including video, audio and e-mail contact with the press and third-party organizations before and after the event. 
 
The time frame the request was identified being March 15, 2010 through the present, meaning through June 2012. Defendant was required determine whether comply with Plaintiffs request within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C.  552(a)(6)(A).  Pursuant this same provision, Defendant also was required notify Plaintiff immediately the determination, the reasons therefor, and the right appeal any adverse determination the head the agency.  Excluding weekends, Defendant was required make 
its determination and provide Plaintiff with the requisite notifications June 29, 2012, the latest. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiffs request, notify Plaintiff any determination, notify Plaintiff his right appeal any adverse determination the head the agency.  Nor has Defendant produced any records responsive the request, indicated when any responsive records will produced, demonstrated that responsive records are exempt from production. 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) Plaintiff realleges paragraphs through fully stated herein. 
 10. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552.   
 11. Plaintiff being irreparably harmed reason Defendants 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 Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiffs 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 Plaintiffs 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: March 14, 2013.     Respectfully submitted, 
        JUDICIAL WATCH, INC. 
  
        /S/ Paul Orfanedes   
        D.C. Bar No. 429716 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
 
        Attorneys for Plaintiff