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Judicial Watch • Pajamas Media v DOD Complaint 6272011

Pajamas Media v DOD Complaint 6272011

Pajamas Media v DOD Complaint 6272011

Page 1: Pajamas Media v DOD Complaint 6272011

Category:General

Number of Pages:5

Date Created:June 22, 2011

Date Uploaded to the Library:February 20, 2014

Tags:Pajamas, 6272011, Dod, complaint


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

COMPLAINT 
Plaintiff OSM Media, LLC, d/b/a Pajamas Media and PJTV, brings this action against 
Defendant U.S. Department Defense 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).  
PARTTES  Plaintiff OSM Media, LLC Delaware limited liability company headquartered  

and qualified business California. Plaintiff does business m1der the name Pajamas Media 
and PJTV. Plaintiff Internet-based news organization and "representative the news 
media" within the meaning U.S.C.  552(a)(4)(A)(ii). 
OSM MEDIA, LLC, d/b/a 
PAJAMAS MEDIA AND PJTV, 
100 North Sepulveda Blvd., Suite 225 Segundo, 90245, 
Plaintiff, 
U.S. DEPARTMENT DEFENSE, 
1600 Defense Pentagon Washington, 20301-1 600, 
Defendant. 
Case: 11-cv-01151 
Assigned To: Kollar-Kotelly, Colleen Assign. Date 6122/2011 
Description: FOINPrivacy Act Defendant agency the United States Government and headquartered 
1600 Defense Pentagon, Washington, 20301-1600. Defendant has possession, custody, and 
control records which Plaintiff seeks access. 
STATEMENT FACTS December 23, 2009, Plaintiff sent FOIA request the U.S. Air Force, 
component Defendant, seeking: 
All releasable documents relating the costs expended the 89th Airlift Wing 
the United States Air Force fleet for the transportation all United States 
Government officials, including elected officials Copenhagen, Denmark for the United Nations Climate Change Conference December 2009. Email dated December 23, 2009, the U.S. Air Force acknowledged receipt 
Plaintiff's FOIA request. February 2010, the U.S. Air force sought clarification Plaintiff's FOIA 
request. the same day, Plaintiff clarified: are requesting reasonable records that would created and maintained any air transp01tation entity regarding the ferrying people and baggage. This request restricted the United States Air Force transportation USG officials, congressional elected officials, staff, families and guests who traveled and from the United Nations Climate Change Conference Copenhagen. clarify, are interested in: 
 
Manifests listing the number passengers that were board each USAF flight from the United States the U.N. Climate Change Conference Copenhagen via each U.S. military aircraft. 
 
Manifests listing the number passengers tl1at were board each USAF flight from points outside the United States the U.N. Climate Change Conference via each U.S. military aircraft. 
 
The number USG officials and elected officials each flight and the 
number non-governmental passengers each flight. Governmental 
and congressional staffs are identified. 
 consider Air Force One included this request. Security details and national security aspects this flight can exempted. 

 	
The identification USG officials and elected officials including names, titles and agency congressional affiliation should disclosed. Congressional staff and guests are disclosed. 

 they are travelling taxpayer expense, request the disclosure ofthc names and relationships each non-USG passenger each flight. believe Privacy Act exemptions apply this request. 

 	
The number baggage stored each USAF craft for each trip. This can attached each flight manifest. arc not interested personal carry-on bags. 

 	
The number total number USAF fligh1s deployed feny USG and non-governmental passengers and from the U.N. Climate Change Conference Copenhagen. Origin and destinations each flight should listed. The type aircraft for each flight should identified. 

 	
The costs each flight deployed and from Copenhagen. 'Ibis can reported per flight leg. 

 	
The amount jet fuel consumed the deployed aircraft for each flight. 

This can reported per flight leg per round trip. 
 	The type aircraft used each flight. 
 	The number USAF personnel involved support the entire operation transport USG officials, elected officials, staff, guests and families and from Copenhagen. This includes pilots, stewards, navigators, ground service personnel, etc. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiff's FOIA request within twenty (20) working days February 2010 March 
2010. June 28, 2010, the U.S. Air Force notified Plaintiff that had referred the 
portion Plaintiffs FOIA request concerning the flight manifests the Office the Secretary, 
another component Defendant. 
10. May 17, 2011, the Office Secretary responded Plaintiffs FOJA Request. 
'The Office the Secretary produced four pages almost entirely redacted material and informed 
Plaintiff that had referred the withheld material the U.S. Secret Service. 
11. Moreover, its May 17, 2011 letter, the Office the Secretary stated: 
This final response your February 2010, (sic) Freedom oflnformation Act (FOIA) request the United States Air Force (USAF), referred this office 
June 28, 2010 for information regarding USAF supported flights lhe 
Copenhagen climate change meeting. The USAF referred only the manifest 
pmtion your request this office. Please advised that the USAf still 
processing additional documents associated with the remainder your request. 
12. 
The Office the Secretary's May 17, 2011 lcttcr failed notify Plaintiff any right file administrative appeal with respect the withheld material responsive Plaintiffs f01A request. 

13. the date this Complaint, the Air Force has failed produce any records responsive the remainder Plaintiffs FOIA request demonstrate that responsive records arc exempt from production. Nor has indicated whether when any additional responsive records will produced identified. short, the Air Force has failed respond the remainder Plaintiffs FOIA request any substantive manner. 

14. 
Because the Office the Secretary has failed notify Plaintiff any right file administrative appeal with respect its May 17, 2011 determination and the Air Force has Defendant has failed comply with the time limit set fo1th U.S.C.  552(a)(6)(A)(i) with respect the remainder Plaintiffs FOIA request, Plaintiff deemed have exhausted any and all administrative remedies with respect its POii request. U.S.C.  552(a)(6)(C). 

COUNT (Violation FOIA, U.S.C.  552) 
15. 
Plaintiff rcalleges paragraphs 1through fully stated herein. 

16. 
Defendant unlawfully withholding records requested Plaintiff pursuant u.s.c.  552. Plaintiff being irreparably haimed reason Defendant's tmlawful 
withholding requested records, 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's FOTA request and demonstrate that employed search methods reasonably likely lead the discovery ofrecords responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff's FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing vtthhold any and all non-exempt records responsive Plaintiff's FOIA request; (4) grant Plaintiff award attorneys' fees and other litigation costs reasonably incuned this action pursuant U.S.C.  552(a)( 4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. Dated: June 21, 2011 Respectfully submitted, 
JUDrClAL WATCH, INC. 

D.C. Bar No. 429716 425 Third Street, W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff