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Judicial Watch • 2011 pjm-v-dod-complaint-06222011

2011 pjm-v-dod-complaint-06222011

2011 pjm-v-dod-complaint-06222011

Page 1: 2011 pjm-v-dod-complaint-06222011


Number of Pages:5

Date Created:June 22, 2011

Date Uploaded to the Library:July 30, 2013

Tags:Copenhagen, Climate, Change, officials, number, Defense, Force, Plaintiffs, Pentagon, Secretary, conference, defendant, plaintiff, request, records, states, united, EPA, ICE, CIA

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100 North Sepulveda BlVd., Suite 225 Segundo, 90245. Case: 1:11 cv-01 151 imif Assigned Koiar Kotey, Colleen
Assign. Date: 6/22/2011 Description: FOAlPrivacy Act
1600 Defense Pentagon ington, 203 01-1600.
Plaintiff OSM Media, LLC, d/b/a Pajamas Media and PJTV. brings this action against
Defendant US. Department Defense compel compliance with the Freedom Information
Act, .S.C. 552 FOIA grounds therefor, Plaintiff alleges follows:
The Court has jurisdiction over this action pursuant 55Z(a)(4)(B) and
Venus: proper this district pursuant U.S.C. 1391(e).
PAR Plaintiff OSM Media. LLC Delaware limited liability company headquartered
and quali business California. Plaintiff does business under the name Pajamas Media
and PJTV. Plaintiff lntemet-based news organization and representative the news
media within the meaning 552(a)(4)(A)(ii). Defendant agency the United States Government and headquartered
1600 Defense Pentagon ashington. 20301-1600. Defendant has stody. and
control records which Plaintiff seeks access.
STATEMENT December 23, 2009, Plaintiff sent FOIA request the US. Air Force.
component Defendant, seeking:
All releasable documents lating the costs expended the 89th Airlift Wing
the United States Air eet for the transportation all United States
Government officials. including elected officials Copenhagen. Denmark for the
United Nations Climate Change Conference December 2009. E-mail dated December 23, 2009, the U.S. Air Force acknowledged receipt
Plain OIA request. February 2010, the .S. Air Force sought clari cation Plaintiff FOIA
request. 011 the same day, Plaintiff clari ed: are requesting reasonable records that would created and maintained any
air transportation entity regarding the ferr people and baggage. Thi
request restricted United tes Force transportation eld
congressional elected als, staf and guests who traveled and from
the United Nations Climate Change Cor erenee Copenhagen. clarify. are iuteres Manifests listing the number ngers that were board each USAF
 ight from the United States the UN. Climate Change Conference
Copenhagen via each US. military aircraft.
Maniies listing the number passengers that were board USAF
 ight from poin outside the United ates the UN. Climate Change
Conference Via each military aircraft.
The number USG and elected officials each ight and the
number non-governmental passengers each ight. Governmental
and congr ssional staffs are identified. consider Air Force One included this request. Security details
and national security aspects this ight can exempted.
The identil USG officials and elected officials including names,
titles and agency congressional affiliation should disclosed.
Congressional staff and guests are disclosed. they are travelling taxpayer expense. request the disclosure the
names and relationships nfeach non-USG passenger each 
believe Privacy Act eniptions apply
The number baggage store each USAF craft for each trip. This can attached each ight rnai are not interested personal
carry-on bags.
The number total number USAF ights deployed ferry USG and
non-governniental passengers and from the UN. Climate Change
Conference Copenhagen. Origin and destinations each ight should listed. The type aircraft for each ight should identified.
The costs each ight deployed and from Copenhagen. This can
reported per ight leg.
The amount jet fuel consumed the deployed aircraft for each ight.
This can reported per ight leg per round trip.
The type aircraft used each ight.
The number USAF personnel involved support the entire operation transport USG officials, elected officials. staff, and families and
from Copenhagen. This includes pil stew ds, nay tors, ground
service personnel, etc. Pursuant U.S.C. 552(a)t6 )(A), Defendant was required respond
Plaintiffs FOIA request within twenty (20) working days February 2010 March
2010. June 28. 2010. the U.S. Air Force notified Plaintiff that had refeired the
port Plaintiffs OIA request concerning the ight manifests the the Secretary,
another component Defendant.
10. May 17, 2011. the Office Secretary responded Plaintiff FOIA Request.
The Office the Secretary produced four pages almost entirely redacted material and informed
Plaintiff that had referred the Withheld material the U.S. Secret Service. Moreover, its May 17. 2011 letter. the Office the Secretary stated:
This final response your Fehrua O10, (sic) Freedom Information Act OIA) request the United States Air Force USAF referred this office
June 28. 2010 for information regarding USAF supported ights the
Copenhagen climate change The USAF referred only the man
portion your request this office. Please advised that the USAF ill
processing additional decume ciated ith the remainder our requ
The Office the Secret; May 17. 2011 letter failed noti Plaintit any
right adrllillislrative appeal with respect the withheld material respoi ive lai11tilTs OIA request.
13. tlie this Complaint. the Air Force nled produce any records
resp ive the remainder Plaintiffs request demonstrate that responsive records are
exempt from production. Nor has indicated whether when any addit nal resp records
will produced identi ed. ort. the Air Force has failed respond the remainder
Plaint FOIA request any substantive manner.
14. Because the Office the Secretary has failed notify Plaintiff any right file administrative appeal with respect its May 17. 2011 determination and the Air Force has
Defendant has failed can with the time limit set U.S,( )(6)(A)Li) with
respect the remainder 0fP1aintiffs FOIA request, Plaintiff deemed hay austed any and
all administrative remedies with respect its request. LI,S.L la)(6)(C_l.
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant
17. Plainti being iireparably harmed reason Defendants unlawful
witliheldine requested records, and Plaintiff will continue irreparahly hanned unle.
Defendant compelled conform its conduct the requirements the law.
VVHEREFORE, Plaintiff respectfully requests that the Court: order Defendant
conduct search for any and all responsive records Plaintiff OIA request and demonstrate
that employed Search methods reasonably likely lead the discovery of1eeo1ds onsive
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt
records responsive Plaintiffs FOIA request and Vauglnz index any responsive records
withheld under claim exem (3) enjoin Defendant from continuing withhold any and all
non-exempt records responsive Plaintiffs FOIA request: (4) grant Plaintiff award
attomeys fees and other litigation costs reasonably incurred this action pursuant U.S.
552(a)(-l)(E); and
Dated: June 21. 2011
 chae1 ekesha Bar No. 995749
Paul Orfdes BarNo.-129716
425 hird Street. SW.. Suite 800
Washington, 20024
(202) 646-5172
Atromeysfbr P11