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Judicial Watch • 36 FHFA



Page 1: 36 FHFA


Number of Pages:4

Date Created:March 6, 2012

Date Uploaded to the Library:February 20, 2014


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425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Case: 1:12-cv-O Amy Berman son
ss1 FOIA/Privacy 
FINANCE AGENCY, 1700 Street, N.W. 
Washington, 20552, 

Plaintiff Judicial Watch, Inc. brings this action against Defendant Federal Housing 'Finance 
Agency ("FHFA") compel compliance with the Freedom Information Act, U.S.C.  552 
("FOIA"). grotu1ds 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, SW, Suite 800, 
Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability 
government and fide ity the rule Jaw. furtherance it.;; public interest mission, Plaintiff 
regularly requests access the public records federal, slate, and local government agencies, 
entities, and offices, and disseminates its findings the public. Defendant agency the U.S. Government and headquartered 1700 Street, W., Washington, 20552. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS September 20, 2011, Plaintiff submitted aFOlA request Defendant, email 
and certified mail, seeking access the following public records: 
Records 01: indic.:.ating, and/or demonstrating the losses that Pannic Mae and 
Freddie Mac incurred private-label mortgage-backed securities (PLS) purchased 
from financial institutions. The specific financial institutions from which the securities were pw-chased ate identified the enclosed FHFA press releac;e 
announcing its lawsuit, conservator for Fannie Mae and Freddie Mac, seeking 
damages and civil penalties under the Securities 1933. 
FHFA denied Plaintiffs request letter dated October 25, 2011. FHFA's denial 
letter stated that was declining search for review the requested records and that any such 
records were being withheld under one more fow exemptions under FOIA. letter dated 
November 2011, Plaintiff timely appealed FHFA's determination. letter dated December 2011, FHFA informed Plaintiff that was processing 
Plaintiff's appeal and that .final determination the appeal would forthcoming before 
December 19, 2011. date, Plaintiff has received such determination its appeal. Pursuant U.S.C.  552(a)(6)(A)(ii), FHFA was required make 
dctem1ination with respect Plaintiff's appeal within twenty (20) working days after receipt 
the appeal and notify Plaintiff immediately its detc1minati.on, the reasons therefor, and the 
right seekjudicial review. Accordingly, the FHFA's determination Plaintiffs appeal was 
due December 19, 2011 the latest. the date this Complaint, has failed to: (i) make determination 
with respect Plaintiff's appeal; (ii) notify 'Plaintiff any such determination the reasons 
therefor (iii) advise Plaintiff the right seek judidal relief any adverse determinalion; 
(iv) produce the requested records otherwise demonstrate that U1e requested records are exempt 
from production. 
10. Because FHFA 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 request, pursuant U.S.C.  552(a){6)(C). 

(Violation FOIA, U.S.C.  552) 
11. Plaintiffrealleges paragraphs through fully stated herein 
12. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
Plaintiff being irreparably harmed reason Defendant's unlawful 
withholding the requested public records, and Plaintiff 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 records responsive Plaintiffs FOJA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive 
PlaintifI's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiff's 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); (5) grant Plainti such other n:lief the Court dce1ns just and proper. 
Dated: March 2012 Respectfully submitted, 

D.C. Bar No. 450171 

425 Third Street, S.W., Suite 800 
Washington, 20024 

(202) 646-5172 

Attorneys for Plaintiff