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Judicial Watch • JW v State Cheryl Mills SF forms 01817

JW v State Cheryl Mills SF forms 01817

JW v State Cheryl Mills SF forms 01817

Page 1: JW v State Cheryl Mills SF forms 01817

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Number of Pages:4

Date Created:October 26, 2015

Date Uploaded to the Library:November 19, 2015

Tags:01817, forms, cheryl, requests, Mills, service, defendant, filed, plaintiff, request, document, records, FOIA, Washington, court


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Case 1:15-cv-01817 Document Filed 10/26/15 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-01817 Document Filed 10/26/15 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 August 18, 2015, Plaintiff submitted FOIA request Defendant, certified mail,
seeking access the following:
Any and all SF-85s and/ 85Ps for Cheryl Mills;
Any and all SF-86s for Cheryl Mills;
Any and all SF-450s for Cheryl Mills;
Any and all certificates divestiture for Cheryl Mills;
Any and all individual waivers issued for Cheryl Mills pursuant U.S.C.
208(b)(I) and C.F.R. 2640.301 any other applicable ethics statutes, regulations,
guidelines agreements.
The U.S. Postal Service provided Plaintiff Domestic Return Receipt stamped
Defendant showing that Defendant received the request certified mail August 25, 2015.
Defendant subsequently acknowledged receipt the request letter dated August 18,
2015 and assigned the request Case Control Number F-2015-13193. August 19, 2015, Plaintiff also submitted FOIA request Defendant, certified
mail, seeking access the following: Any and all OF-109 forms filed for Huma Abedin; and Any and all Of-109 forms filed for Cheryl Mills.
The U.S. Postal Service provided Plaintiff Domestic Return Receipt signed
Defendant agent showing that Defendant also received the request certified mail August 25,
2015.
Case 1:15-cv-01817 Document Filed 10/26/15 Page
10.
Defendant subsequently acknowledged receipt the request letter dated August 18,
2015 and assigned the request Case Control Number F-2015-13192.
11.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine whether
comply with Plaintiff requests 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 September 28,
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.
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
Case 1:15-cv-01817 Document Filed 10/26/15 Page
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: October 26, 2015
Respectfully submitted,
/s/ James Peterson
James Peterson Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
jpeterson@judicialwatch.org
Attorney for Plaintiff