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Judicial Watch • 2011 jw-v-hhs-complaint-03232011

2011 jw-v-hhs-complaint-03232011

2011 jw-v-hhs-complaint-03232011

Page 1: 2011 jw-v-hhs-complaint-03232011


Number of Pages:4

Date Created:March 24, 2011

Date Uploaded to the Library:July 30, 2013

Tags:seeks, jurisdiction, failed, produce, received, grant, access, Street, Human, public, Pursuant, health, search, requests, letter, responsive, government, watch, defendant, plaintiff, judicial, request, records, department, states, Washington, court, united, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800 Washington, 20024, 
DEPARTMENT HEALTH HUMAN SERVICES 200 Independence Avenue, S.W. Washington, 20201, 
Defendant.  Case: 11-cv-00608  Assigned To: Howell, Beryl  Assign. Date 3/23/2011  Description: FOIA/Privacy Act  

Plaintiff Judicial Watch, Inc. brings this action against Defendant Department Health Human Services compel compliance with the Freedom lnformation 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.  139l(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 200 Independence Avenue, S.W., Washington, 20201. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS December 15, 2010, Plaintiff sent FOIA request Defendant seeking access the following: 
All records concerning the creation and/or funding advertisements the Affordable Care Act. December 17, 2010, Plaintiff received letter froni Defendant acknowledging 
receipt Plaintiff's FOIA request. January 14, 2011, Plaintiff received second letter from the Centers for 
Medicare Medicaid Services, component Defendant, acknowledging receipt Plaintiffs 
FOIA request. 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond the date this Complaint, Defendant has failed produce any records 

Plaintiffs FOIA request within twenty (20) working days, February 14, 2011 the latest. 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than the acknowledgement letters received Plaintiff, Defendant has failed respond the 
request any manner. 
10. 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). 
(Violation FOIA, U.S.C.  552) Plaintiff realleges paragraphs through fully stated herein. 
12. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
13. Plaintiff being irreparably harmed reason Defendant's unlawful withholding ofrequested 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 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: March 23, 2011 Respectfully submitted, 

D.C. Bar No. 450035 Su1te 800 
425 Third Street, S.W. Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff