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Judicial Watch • 2011 jw-v-doj-complaint-08192011

2011 jw-v-doj-complaint-08192011

2011 jw-v-doj-complaint-08192011

Page 1: 2011 jw-v-doj-complaint-08192011


Number of Pages:4

Date Created:August 19, 2011

Date Uploaded to the Library:July 30, 2013

Tags:conduct, seeks, jurisdiction, failed, produce, grant, access, Street, working, public, Pursuant, search, requests, requested, responsive, justice, government, watch, defendant, plaintiff, judicial, request, records, DOJ, department, states, Washington, court, united, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800 Washington, 20024, 
U.S. DEPARTMENT JUSTICE, 950 Pennsylvania Ave., N.W. Washington, 20530-0001, 
Civil Action No. 

Case: 11-cv-01497 
Assigned Huvelle, Ellens. 
Assign. Date: 8/19/2011 
Description: FOINPrivacy Act 

Plaintiff Judicial Watch, Inc. brings this action against Defendant Department Justice ("DOJ") compel compliance with the Freedom oflnformation 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). 
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 
950 Pennsylvania Avenue, NW, Washington, 20530-0001. Defendant has possession, 
custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 23, 2011, Plaintiff submitted FOIA request Defendant, facsimile 
and certified mail, seeking access the following: 
All records communications between the Department Justice and Estelle Rogers, Director Advocacy for Project Vote. The timeframe for this request January 20, 2009 June 23, 2011; Pursuant U.S.C.  552(a)(6)(A), Defendant's response Plaintiff's June 23, 
2011 FOIA request was due within thirty working days June 23, 2011, August 2011. According U.S. Postal Service records, Plaintiff's FOIA request was received 
Defendant June 28, 2011. the date this Complaint, Defendant has failed produce any records 
responsive Plaintiff's June 23, 2011 FOIA request demonstrate that responsive records are 
exempt from production. Nor has indicated whether when any responsive records will 
produced. fact, Defendant has failed respond Plaintiff's FOIA request any substantive 
manner. 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 June 23, 2011 FOIA request. 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. 
12. Plaintiff being irreparably harmed reason Defendant's 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 June 23, 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 
Dated: August 19, 2011 Respectfully submitted, 

425 Third Street, W., Suite 800 Washington, 20024 
(202) 646-5172 
AtLorneys for Plcrintiff