Skip to content

Judicial Watch • Kawa v State 81560

Kawa v State 81560

Kawa v State 81560

Page 1: Kawa v State 81560

Category:

Number of Pages:4

Date Created:November 12, 2015

Date Uploaded to the Library:November 23, 2015

Tags:Mihet, 81560, Entered, Docket, Kawa, liberty, telephone, Orlando, determination, Larry, ROGER, responsive, Hillary Clinton, September, Florida, defendant, plaintiff, request, document, records, FOIA, court


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 9:15-cv-81560-WPD Document Entered FLSD Docket 11/13/2015 Page THE U.S. DISTRICT COURT
FOR THE SOUTHERN DISTRICT FLORIDA
WEST PALM BEACH DIVISION
LARRY KAWA,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Larry Kawa brings this action 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 private citizen residing Boca Raton, Florida. Plaintiff submitted
the FOIA request issue this case.
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.
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 11/13/2015 Page
STATEMENT FACTS November 29, 2014, Plaintiff submitted FOIA request Defendant seeking
access all communications between then-Secretary State Hillary Clinton and the White
House from and including September 11, 2012 through and including September 18, 2012. letter dated December 2014, Defendant acknowledged receipt Plaintiff
FOIA request and assigned the request Case Control Number 2014-21579.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the FOIA request within twenty (20) working days receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination.
Defendant determination regarding Plaintiff FOIA request was due January 2015 the latest. September 2015, Defendant stated that the FOIA request still open and
continues processed.
10. the date this complaint, Defendant has failed to: (i) determine whether
comply with the FOIA 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
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).
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 11/13/2015 Page
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
14.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff 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 records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiff 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 Plaintiff 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.
Case 9:15-cv-81560-WPD Document Entered FLSD Docket 11/13/2015 Page
Dated: November 12, 2015
Respectfully submitted,
/s/ Horatio Mihet
Horatio Mihet
Florida Bar No. 0026581
LIBERTY COUNSEL
P.O. Box 540774
Orlando, 32854-0774
800-671-1776 Telephone
407-875-0770 Facsimile
court@lc.org Roger Gannam
Roger Gannam
Florida Bar No. 240450
LIBERTY COUNSEL
P.O. Box 540774
Orlando, 32854-0774
800-671-1776 Telephone
407-875-0770 Facsimile
court@lc.org
Attorneys for Plaintiff Larry Kawa