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Judicial Watch • 2011 jw-v-dhs-complaint-04142011

2011 jw-v-dhs-complaint-04142011

2011 jw-v-dhs-complaint-04142011

Page 1: 2011 jw-v-dhs-complaint-04142011


Number of Pages:4

Date Created:April 14, 2011

Date Uploaded to the Library:July 30, 2013

Tags:period, related, seeks, jurisdiction, failed, Memorandum, Janet, access, Street, public, Pursuant, search, requests, requested, south, security, responsive, government, watch, Secretary, defendant, plaintiff, request, records, department, states, Washington, court, united, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800  
Washington,  20024,  
601 South 12th Street  
Arlington, 22202,  

Case: 11-cv-00725 
Assigned To: Kennedy, Henry Assign. Date 4/14/2011 
Description: FOIA/Privacy Act 

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Homeland Security 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 United States Government and headquartered 
United States Department Homeland Security, 601 South 12th Street, Arlington, 22202. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS February 16, 2011, Plaintiff sent FOIA request Defendant seeking access 
the following: 
Any and all records communications, contacts, correspondence with the White House and/or Executive Office the President concerning report/memorandum prepared the direction the United States Secretary Homeland Security Janet Napolitano related Carlos Marinelly-Mantano, unlawfully present alien charged with killing Benedictine nun and injuring two others August 2010 drunk driving incident Prince William County, Virginia for the period October 2010 through February 15, 2011. 
Any and all records communications, contacts, correspondence within the Department Homeland Security concerning report/memorandum prepared the direction the United States Secretary for Homeland Security Janet Napolitano related Carlos Marinelly-Mantano for the period October 2010 through February 15, 2011. letter dated February 24, 2011, Defendant acknowledged receipt Plaintiff's 
FOIA request February 17, 2011. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiff's February 16, 2011 FOIA request within twenty (20) working days March 17, 
2011. the date this Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than acknowledge receipt the request, Defendant has failed respond the request any 
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). 
COUNTl (Violation FOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant 

Plaintiffis being irreparably harmed reason Defendant's unlawful U.S.C.  552. 
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 FOIA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive 

Respectfully submitted, 

D.C. Bar No. 429716