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Judicial Watch • Operation Choke Point 01510

Operation Choke Point 01510

Operation Choke Point 01510

Page 1: Operation Choke Point 01510

Category:Lawsuit

Number of Pages:4

Date Created:September 3, 2014

Date Uploaded to the Library:October 16, 2014

Tags:Choke, 01510, Operation, point


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  • demand_answers

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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 JUSTICE, 950 Pennsylvania Avenue, N.W., Washington, 20530-0001, Defendant. the responses and disseminates its findings and the requested records the American public 

inform them about "what their government to." Defendant U.S. Department Justice agency the United States 
Government and headquartered U.S. Department Justice, 950 Pennsylvania Avenue, N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS May 2014, Plaintiff submitted FOIA request Defendant email and 
certified mail, seeking access the following: 

Any and all records regarding, concerning, related the 
legal basis for the targeting legal business entities under 
Operation Choke Point. 
Any and all records depicting the criteria for businesses 
and/or industries targeted for any type scrutiny 
and/or enforcement regulatory action under Operation 
Choke Point. 
Any and all records depicting the business types and/or 
industries targeted for any type enforcement 
regulatory action under Operation Choke Point. letter dated May 17, 2014, Defendant acknowledged receipt the request and 
assigned FOIA tracking number EMRUFOIA050114-3. 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 
Plaintiff immediately its determination, the reasons therefor, and the right appeal any 
adverse determination. Defendant's determination was due, the latest, June 16, 2014. 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 
production. 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) 

10. 
Plaintiff realleges paragraphs through fully stated herein. 

11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
12. Plaintiff being irreparably harmed reason Defendant's 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 Plaintif 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 Plaintif 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: September 2014  Respectfully submitted,  
Isl Paul Orfanedes  
Paul Orfanedes  
D.C. Bar No. 429716 UOICIAL WATCH, INC.  
425 Third Street, S.W., Suite 800  
Washington, 20024  
Tel:  (202) 646-5172  
Attorneys for Plaintiff