Skip to content

Judicial Watch • JW v State 00690 all non-state emails

JW v State 00690 all non-state emails

JW v State 00690 all non-state emails

Page 1: JW v State 00690 all non-state emails

Category:Legal Document

Number of Pages:4

Date Created:May 5, 2015

Date Uploaded to the Library:May 06, 2015

Tags:DOS, private, email, complaint, State Department, document, records, FOIA, department, Washington, court


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:15-cv-00690 Document Filed 05/06/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department State
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 S.W., Suite 800,
Washington, 20024. Plaintiff seeks promote transparency, accountability, and integrity
government and fidelity the rule law. part its mission, Plaintiff regularly requests records
Case 1:15-cv-00690 Document Filed 05/06/15 Page
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 State agency the United States Government and
headquartered 2201 Street NW, Washington, D.C. 20520. Defendant has possession, custody, and
control records which Plaintiff seeks access.
STATEMENT FACTS March 2015, Plaintiff submitted FOIA request Defendant, facsimile and
certified mail, seeking access the following:
Any and all records that identify the number and names all current and former
officials, officers, employees the U.S. Department State from January 20, 2009
the present who used email addresses other than their assigned state.gov email
addresses conduct official State Department business.
According Plaintiff facsimile transmission report, Defendant received the FOIA
request facsimile March 2015 2:20 p.m. The U.S. Postal Service provided Plaintiff
Domestic Return Receipt signed Defendant agent showing that Defendant also received the request certified mail March 16, 2015.
Defendant subsequently acknowledged receipt the request and assigned the request
Case Control Number F-2015-05050. March 2015, Plaintiff also submitted second FOIA request Defendant,
facsimile and certified mail, seeking access the following:
Any and all records that identify the policies and/or procedures place ensure that
emails that were sent received officials, officers, employees the U.S.
Department State who used email addresses other than state.gov email addresses
conduct official State Department business were searched for responsiveness FOIA
requests.
According Plaintiff facsimile transmission report, Defendant received the FOIA
request facsimile March 2015 2:22 p.m. The U.S. Postal Service provided Plaintiff
Case 1:15-cv-00690 Document Filed 05/06/15 Page
Domestic Return Receipt signed Defendant agent showing that Defendant also received the request certified mail March 16, 2015.
10.
Defendant subsequently acknowledged receipt the request and assigned the request
Case Control Number F-2015-05054.
11.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine whether
comply with the request within twenty (20) working days and notify Plaintiff immediately its
determination, the reasons therefor, and the right appeal any adverse determination.
12.
Defendant determinations regarding Plaintiff requests were due April 13, 2015
the latest.
13. the date this complaint, Defendant has failed to: (i) determine whether comply
with the requests; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise
Plaintiff the right appeal any adverse determinations; (iv) produce the requested records
otherwise demonstrate that the requested records are exempt from production.
14.
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).
COUNT
(Violation FOIA, U.S.C. 552)
15.
Plaintiff realleges paragraphs through fully stated herein.
16.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
17.
Plaintiff being irreparably harmed reason Defendant unlawful withholding
records responsive Plaintiff FOIA requests, and Plaintiff will continue irreparably harmed
unless Defendant compelled conform its conduct the requirements the law.
Case 1:15-cv-00690 Document Filed 05/06/15 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct
search for any and all responsive records Plaintiff FOIA requests and demonstrate that employed
search methods reasonably likely lead the discovery records responsive Plaintiff FOIA
requests; (2) order Defendant produce, date certain, any and all non-exempt records Plaintiff
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 Plaintiff
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.
Dated: May 2015
Respectfully submitted,
/s/ Chris Fedeli
Chris Fedeli Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
cfedeli@judicialwatch.org
Attorney for Plaintiff