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Judicial Watch • 3 31 14 JW v State 1 13_cv_00243

3 31 14 JW v State 1 13_cv_00243

3 31 14 JW v State 1 13_cv_00243

Page 1: 3 31 14 JW v  State 1 13_cv_00243


Number of Pages:4

Date Created:February 25, 2013

Date Uploaded to the Library:March 31, 2014

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Case 1:13-cv-00243 Document Filed 02/25/13 Page THE UNITED STATES DISTRICT COURT 

JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 
Washington,  20024,  
Plaintiff,  Civil Action No.  

U.S. DEPARTMENT STATE, 2201 Street, N.W. 
Washington, 20520, 

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department State 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 
Case 1:13-cv-00243 Document Filed 02/25/13 Page 
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 2201 Street, N.W., Washington, 20520. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS November 2012, Plaintiff sent request Defendant certified mail, 
return receipt requested, seeking access the following: 
Any and all records regarding, concerning, related the ,413 .68 contract awarded the Department State unidentified foreign awardee for "Security Guards and Patrol Services." According the record this expenditure, the contract was signed February 17, 2012 and May 2012 and identified Award SAQMMA12C0092. letter dated November 21, 2012, Defendant acknowledged receipt Plaintiff's request and assigned the request Case Control Number F-2012-39500. 
Defendant was required determine whether comply with Plaintiff's request within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C.  552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff immediately the determination, the reasons therefor, and the right appeal any adverse determination the head the agency. Excluding weekends and the intervening Thanksgiving Day (November 22, 2012) holiday, Defendant was required make its determination and provide Plaintiff with the requisite notifications December 20, 2012, the latest. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiff's request, notify Plaintiff any determination, notify Plaintiff his right appeal any adverse determination the head the agency. Nor has 
Case 1:13-cv-00243 Document Filed 02/25/13 Page 
Defendant produced any records responsive the request, indicated when any responsive records 
will produced, demonstrated that responsive records are exempt from production. 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 ofFOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through9 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 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; 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. 

Case 1:13-cv-00243  Document  Filed 02/25/13  Page  
Dated: February 25, 2013  Respectfully submitted,  
Isl Paul Orfanedes D.C. Bar No. 429716 425 Third Street, S.W., Suite 800 Washington, 20024 (202) 646-5172  
Attorneys for Plaintiff