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Judicial Watch • Stamped Complaint 2

Stamped Complaint 2

Stamped Complaint 2

Page 1: Stamped Complaint 2

Category:General

Number of Pages:5

Date Created:June 21, 2013

Date Uploaded to the Library:February 20, 2014

Tags:appeal, Pursuant, Attorney, responsive, justice, defendant, plaintiff, watch, request, records, department, office, states, Washington, united, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
 
JUDICIAL WATCH, INC., 
425 Third Street, SW, Suite 800 
Washington, D.C. 20024, 
 Plaintiff,  Civil Action No. 
UNITED STATES DEPARTMENT JUSTICE, 
950 Pennsylvania Ave, 
Washington, D.C. 20530-0001,       
 Defendant. 
___________________________________ 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Justice 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 Judicial Watch, Inc. not-for-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance 
its public interest mission, Judicial Watch regularly requests access public records federal, state, and local government agencies and officials and disseminates its findings the public. Defendant United States Department Justice agency the United States Government and headquartered United States Department Justice, 950 Pennsylvania Ave, NW, Washington, 20530-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access.   
STATEMENT FACTS August 27, 2012, Plaintiff submitted FOIA request the Office Information Policy (OIP) within Defendant U.S. Department Justice seeking records relating annual legal conference.  Specifically, Plaintiff sought access All records concerning, referring, relating the National LGBT Bar Associations 2012 Lavender Law Conference Career Fair. letter dated September 26, 2012, OIP acknowledged receiving Plaintiffs FOIA request August 27, 2012 and asserted that the request fell within the unusual circumstances provision U.S.C.  552(a)(6)(B)(i)-(iii).  Despite invoking the unusual circumstance provision, the letter failed provide date which determination expected dispatched, required the provision. After receiving further communication from OIP about the request, Plaintiff sent email the agency March 18, 2013 asking that responsive records provided without further delay. telephone conversation with representative OIP later that same day, Plaintiff was advised that search for responsive records the Office the Attorney General was still ongoing. Plaintiff subsequently received letter from OIP dated March 19, 2013, made behalf the Office the Attorney General, asserting that the search the Office the Attorney General had been completed and that OIP was reviewing the records that had been located.  The letter also asserted that, because the records contain information interest other offices, OIP could respond only after consulting with those offices and that would respond Plaintiff again once these consultations had been completed.  The letter also advised Plaintiff that, Plaintiff was not satisfied with OIPs response behalf the Office the Attorney General, Plaintiff had the right take administrative appeal. reference was made the status any searches for responsive records other agency offices. Plaintiff filed administrative appeal March 22, 2013.  OIP subsequently sent Plaintiff undated letter acknowledging receipt Plaintiffs administrative appeal March 22, 2013. date, Plaintiff has received further communication from the agency regarding the status the appeal. 
   10. Pursuant U.S.C.  552(a)(6)(A)(i), OIP was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request.  Pursuant this same provision, OIP also was required notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Pursuant U.S.C.  552(a)(6)(A)(ii), OIP was required make determination with respect Plaintiffs administrative appeal within twenty (20) working days after receipt the appeal.   
 11. the date this Complaint, OIP has failed to: (i) determine whether comply with Plaintiffs request; (ii) notify Plaintiff any such determination the reasons therefor; (iii) produce the requested record otherwise demonstrate that the requested records 
are exempt from production.  Also the date this Complaint, OIP has failed make determination with respect Plaintiffs administrative appeal. 
 12. Because OIP has failed comply with the time limits set forth U.S.C.  522(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its request, pursuant U.S.C.  552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 
 
 13. Plaintiff realleges paragraphs through fully stated herein. 
 14. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
 15. Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public 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 records responsive 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 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:  June 21, 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



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