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Judicial Watch • STAMPED Complaint6 18

STAMPED Complaint6 18

STAMPED Complaint6 18

Page 1: STAMPED Complaint6 18


Number of Pages:4

Date Created:June 6, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Explosives, Tobacco, Firearms, determination, bureau, requests, Pursuant, responsive, defendant, watch, plaintiff, request, records, judicial, Washington, district, court, EPA, IRS, ICE, CIA

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425 Third Street, SW, Suite 800 
Washington, D.C. 20024, 
Plaintiff,  Civil Action No. 
Washington, 20226, 
 Plaintiff, Judicial Watch, Inc., brings this action against Defendant Bureau Alcohol, Tobacco, Firearms and Explosives 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 non-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, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the U.S. Government and headquartered New York Ave., NE, Washington, 20226.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS July 22, 2011, Plaintiff submitted FOIA request Defendant, facsimile and certified mail, seeking access the following public records: 
All records communication between any official, officer employee the Bureau Alcohol, Tobacco, Firearms and Explosives and Kevin OReilly, current former employee the U.S. Department State currently previously serving Director North American Affairs the U.S. National Security Council. 
The timeframe for the request was identified January 2009 through July 27, 2011.  Defendant acknowledged receipt Plaintiffs FOIA request August 2011 and assigned the request case number 11-1049.  The acknowledgement letter stated that Plaintiff could expect receive answer August 26, 2011. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Because Plaintiff sent its request the component Defendant designated Defendant receive FOIA requests, pursuant U.S.C.  552(a)(6)(A) this twenty (20) working day time period did not commence until ten (10) working days after Defendants receipt the request August 2011.  Accordingly, Defendants determination was due September 14, 2011 the latest. the date this Complaint, Defendant has failed to: (i) determine whether comply with Plaintiffs requests; (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 with respect its requests, pursuant U.S.C.  552(a)(6)(C). 
(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 July 22, 2011 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 2012     Respectfully submitted, 
/S/ Paul Orfanedes   
D.C. Bar No. 429716 
425 Third Street, S.W., Suite 800 
Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff