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Judicial Watch • 1:12-cv-01182 101138988-FILED-Complaint

1:12-cv-01182 101138988-FILED-Complaint

1:12-cv-01182 101138988-FILED-Complaint

Page 1: 1:12-cv-01182 101138988-FILED-Complaint

Category:Legal Document

Number of Pages:4

Date Created:July 18, 2012

Date Uploaded to the Library:July 14, 2015

Tags:101138988, Osama, laden, determination, requested, complaint, Pentagon, responsive, defendant, filed, plaintiff, request, document, records, department, FOIA, Washington, court

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Case 1:12-cv-01182 Document Filed 07/18/12 Page THE UNITED STATES DISTRICT COURT
425 Third Street, S.W., Suite 800
Washington, 20024,
2000 Navy Pentagon
Washington, 20350-2000,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action against Defendant Department the Navy compel compliance with the Freedom Information Act, U.S.C. 552 FOIA
grounds therefor, Plaintiff alleges follows:
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).
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
Case 1:12-cv-01182 Document Filed 07/18/12 Page
mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and offices, and disseminates its findings the public.
Defendant Department the Navy agency the U.S. Government and
headquartered Department the Navy, 2000 Navy Pentagon, Washington, 20350-2000.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS March 20, 2012, Plaintiff sent FOIA request Defendant seeking access
the following:
Any and all records utilized, referenced, relied upon
during the preparation and execution any funeral ceremony, rite ritual for Osama bin Laden the USS Carl Vinson prior his
burial sea. This request includes, but not limited to, the text
any prepared remarks prayers, any instructions provided those attendance, any instructions guidance regarding the
handling bin Laden remains.
Any and all records communication between any official employee the Department the Navy and any official
employee any other government department, agency office
regarding any funeral ceremony, rite, ritual for Osama bin Laden
prior his burial sea.
Defendant acknowledged receipt Plaintiff FOIA request email dated March
22, 2012 and assigned the request Case File No. DON2012F030859.
Plaintiff subsequently received letter dated April 2012 and email dated April 2012, both from Defendant, stating that Plaintiff request had been redirected the
Commander, Naval Air Forces and assigned FOIA Nos. 21-12 and 0732. According the
April 2012 letter, the Commander, Naval Air Forces received Plaintiff request March 27,
Case 1:12-cv-01182 Document Filed 07/18/12 Page
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiff 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. Accordingly, Defendant determination was due April
24, 2012 the latest. the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiff 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 with
respect its request, pursuant U.S.C. 552(a)(6)(C).
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding the 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 records responsive Plaintiff FOIA request and demonstrate
Case 1:12-cv-01182 Document Filed 07/18/12 Page
that employed search methods reasonably likely lead the discovery records responsive
Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all non-exempt
records responsive Plaintiff 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 Plaintiff 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
Dated: July 18, 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