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Judicial Watch • 2011 jw-v-omb-complaint-12012011

2011 jw-v-omb-complaint-12012011

2011 jw-v-omb-complaint-12012011

Page 1: 2011 jw-v-omb-complaint-12012011

Category:Legal Document

Number of Pages:4

Date Created:December 2, 2011

Date Uploaded to the Library:July 30, 2013

Tags:related, seeks, dated, failed, Budget, official, access, Street, working, public, Pursuant, officer, letter, responsive, September, government, watch, defendant, plaintiff, State, judicial, request, records, department, states, Washington, court, united, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800 Washington, 20024, 
725 17Street, N.W. Washington, 20503, 

Defendant.  Ci'  Case: 11-cv-02141  Assigned To: Roberts, Richard  Assign. Date 12/1 /2011  Description: FOIAfPrivacy Act  

Plaintiff Judicial Watch, Inc. brings this action against Defendant Office Management and Budget compel compliance with the Freedom oflnformation 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 headquartered Office Management and Budget, 725 J1h Street, N.W., Washington, 20503. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS September 2011, Plaintiff sent request Defendant, seeking access the following: 
Any and all records regarding, concerning related the issuance loan guarantees Solyndra LLC, Solyndra Inc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc. 
Any and all records communication between any official, officer, employee the Department Energy and any official, officer employee any other government agency, department office regarding concerning related Solyndra LLC, Solyndra Inc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc. 
Any and all records communications between any official, officer employee the Department Energy and any official, officer employee the following entities regarding concerning related Solyndra LLC, Solyndra Inc., Solyndra Fab LLC, and/or 360 Degree Solar Holdings Inc.: 
Argonaut Private Equity LLC 
Madrone Capital Partners LLC 
U.S. Venture Partners (USVP) LLC 
Rockport Capital Partners LLC. 
Defendant acknowledged receipt Plaintiff's FOIA request letter dated September 2011. However, Defendant's acknowledgment letter did not state when Plaintiff could expect receive substantive response its request. 
Plaintiff subsequently received second letter from Defendant dated October 2011. The letter stated that pursuant U.S.C. 552(a)(6)(B), Defendant was taking extension "lO working days" respond Plaintiff's September 2011 request. 

Pursuant U.S.C.  552(a)(6)(A) and U.S.C.  552(a)(6)(B), Defendant was required respond Plaintiff's FOIA request within thirty (30) working days October 20, 2011. the date this Complaint, Defendant has failed produce any records responsive Plaintiff's request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. Other than acknowledge receipt the request and inform Plaintiff that its request was being processed, Defendant has failed respond the request any manner. 

Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A) and U.S.C.  552(a)(6)(B) Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 

COUNT (Violation FOIA, U.S.C.  552) 
11. Plaintiff realleges paragraphs through fully stated herein. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

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 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 Plaintiff's FOIA request; 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: December 2011 Respectfully submitted, 
Bar No. 429716 

Bar No. 495488 425 Third Street, S.W., Suite 800 Washington, 20024 

(202) 646-5172 
Attorneys for Plaintiff