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Judicial Watch • STAMPED Complaint 2 25

STAMPED Complaint 2 25

STAMPED Complaint 2 25

Page 1: STAMPED Complaint 2 25

Category:General

Number of Pages:10

Date Created:February 12, 2013

Date Uploaded to the Library:February 20, 2014

Tags:Studies, Holland, Intelligence, Times, determination, press, Wilson, Pursuant, complaint, responsive, college, defendant, National, plaintiff, request, records, university, Washington, court, EPA, IRS, CIA


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THE UNITED STATES DISTRICT COURT
 FOR THE DISTRICT COLUMBIA
 
MAX HOLLAND  
9208 Wooden Bridge Road  
Potomac,  20854,  
Plaintiff,  
U.S. NATIONAL ARCHIVES AND  
RECORDS ADMINISTRATION  
8601 Adelphi Road  
College Park,  20740,  
Defendant.  

____________________________________) 
COMPLAINT 
Plaintiff Max Holland brings this action against Defendant U.S. National Archives and Records Administration 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 Max Holland private citizen residing Potomac, Maryland. journalist, author, and editor Washington Decoded, online publication. 1972 graduate Antioch College, contributing editor The Nation and the Wilson Quarterly, and sits the editorial advisory board the International Journal Intelligence and CounterIntelligence. addition, the author, editor, co-author six books, most recently Leak: Why Mark Felt Became Deep Throat (University Press Kansas, March 2012) and Blind over Cuba: The Photo Gap and the Missile Crisis (Texas AM University Press, September 2012). His articles have appeared variety general and scholarly publications, including the Atlantic Monthly, American Heritage, the New York Times, the Washington Post, Los Angeles Times, Boston Globe, Baltimore Sun, Studies Intelligence, the Journal Cold War Studies, Reviews American History, and online History News Network. has also received numerous grants support his research and writing, including fellowships from the Woodrow Wilson International Center for Scholars, National Endowment for the Humanities, German Marshall Fund, and the Guggenheim Foundation. 2001, Mr. Holland won the Anthony Lukas Work-in-Progress Award, bestowed jointly Harvard University's Nieman Foundation and the Columbia University School Journalism, for forthcoming narrative history the Warren Commission, published Alfred Knopf. That same year won Studies Intelligence Award from the Central Intelligence Agency, the first writer working outside the government recognized. 1989, Business Week named his first book, When the Machine Stopped, one the top ten business books the year. Defendant agency the United States Government and headquartered 
U.S. National Archives and Records Administration, 8601 Adelphi Road, College Park, 20740. Defendant has possession, custody, and control records which Plaintiff seeks access. 

STATEMENT FACTS December 2012, Plaintiff sent FOIA request Defendant certified mail, return receipt requested, seeking access the following: 
Copies the seven records identified the enclosed Documents from the Robert Kennedy Papers: Attorney Generals Confidential 
File which have been identified the JFK Assassination Records 
Review Board Assassination Records. 
See Exhibit Complaint. 
Plaintiff received signed, certified mail receipt indicating that Defendant received Plaintiffs FOIA request December 10, 2012. See Exhibit Complaint. 
Defendant was required determine whether comply Plaintiffs request within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C.  552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff immediately the determination, the reasons therefor, and the right appeal any adverse determination the head the agency. Excluding weekends and the intervening Christmas holiday (December 25, 2012) and New Years Day holiday (January 2013), Defendant was required make its determination and provide Plaintiff with the requisite notifications January 2013. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiffs request, notify Plaintiff any determination, notify Plaintiff his right appeal any adverse determination the head the agency. Nor has Defendant produced any records responsive the request, indicated when any responsive records will produced, demonstrated that responsive records are exempt from production. 
Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, 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 Defendants unlawful 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 Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff's 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 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: February 12, 2013 Respectfully submitted, 
JUDICIAL WATCH, INC. 
/S/ Paul Orfanedes 
D.C. Bar No. 429716
 425 Third Street, S.W., Suite 800
 Washington, 20024
 
(202) 646-5172
 
Attorneys for Plaintiff