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Judicial Watch • JW v. State Department 00646

JW v. State Department 00646

JW v. State Department 00646

Page 1: JW v. State Department 00646

Category:Legal Document

Number of Pages:4

Date Created:April 29, 2015

Date Uploaded to the Library:August 29, 2015

Tags:00646, Plaintiffs, Secretary, defendant, filed, plaintiff, document, request, State Department, records, FOIA, department, office, Washington

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Case 1:15-cv-00646-CKK Document Filed 04/28/15 Page 1of4 THE UNITED ATES DISTRICT COURT
425 Third Street, S.W., Suite 800
Washington, 20024,
Civil Action No.
The Executive Office
Office ofthe Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S Department
State compel compliance with the Freedom oflnformation Act, U.S .C. 552 (FOIA).
grounds therefor, Plaintiff alleges follows
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. 139l(e).
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,
accountability, and integrity government and fidelity the rule oflaw. part its mission,
Case 1:15-cv-00646-CKK Document Filed 04/28/15 Page
Plaintiff 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 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 10, 2015, Plaintiff submitted FOIA request Defendant,
facsimile and certified mail, seeking access the following:
Any and all records requests former Secretary State Hillary
Rodham Clinton her staff the State Department Office Security
Technology seeking approval for the use iPad iPhone for official
government business; and
Any all communications within between the Office the Secretary
State, the Executive Secretariat, and the Office the Secretary and the
Office Security Technology concerning, regarding, related the use unauthorized electronic devices for official government business.
The time frame for this request January 2009 January 31, 2013
According the facsimile report sheet, Defendant received the FOIA request
facsimile March 10, 2015 2:58 p.m. According U.S. Postal Service records, Defendant
received the request certified mail March 17, 2015 letter dated April 10, 2015, Defendant acknowledged receipt the request
dated March 10, 2015 and assigned the request Case Control Number F-2015-05028.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the request within twenty (20) working days receipt and notify
Case 1:15-cv-00646-CKK Document Filed 04/28/15 Page
Plaintiff immediately its determination, the reasons therefor, and the right appeal any
adverse determination. Defendants determination was due April 2015 the date this complaint, Defendant has failed to: (i) determine whether
comply with the request; (ii) notify Plaintiff any such determination the reasons therefor;
(iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
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).
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant .S.C. 552.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding records responsive Plaintiffs FOIA request, 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 nonexempt records Plaintiffs FOIA request and Vaughn index any responsive records
Case 1:15-cv-00646-CKK Document Filed 04/28/15 Page
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: April 28, 2015
Respectfully submitted,
Ramona Cotca .C. Bar No. 501159
Judicial Watch, Inc.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff