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Judicial Watch • 42114 JWvFBI 00497

42114 JWvFBI 00497

42114 JWvFBI 00497

Page 1: 42114 JWvFBI 00497


Number of Pages:4

Date Created:March 25, 2014

Date Uploaded to the Library:April 21, 2014

Tags:determination, responsive, defendant, plaintiff, request, FBI, records, Washington, EPA, CIA

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425 Third Street SW, Suite 800 
Washington, D.C. 20024, 
Plaintiff, Civil Action No. 
INVESTIGATION Edgar Hoover Building 
935 Pennsylvania Avenue 
Washington, D.C. 20535-0001, 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant Federal Bureau Investigation compel compliance with the Freedom Information 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 Judicial Watch, Inc. not-for-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street SW, Suite 800, Washington, D.C. 20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. part its 
educational mission, Plaintiff regularly requests records under FOIA shed light the operations the federal government and educate the public about these operations.  Plaintiff then analyzes the agency records and disseminates the results its analysis, well the records themselves, the public. Defendant Federal Bureau Investigation (FBI) agency the U.S. Government and headquartered 935 Pennsylvania Avenue, NW, Washington, 20535-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS July 24, 2013, Plaintiff submitted FOIA request Defendant FBI, via email and certified mail, seeking access the following public records: 
Any and all records regarding, concerning, related the awarding the Louis Peters Memorial Award Mr. Mohamed Elibiary September 2011.  This request includes, but not limited to, any and all recommendations and other records communications regarding, concerning, related the award.     
Enclosed with the request was press release issued Defendant FBI announcing the award. Defendant FBI acknowledged receipt Plaintiffs FOIA request August 2013 and assigned the request control No. 1222488-0. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant FBI was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Accordingly, Defendant FBIs determination was due September 2013 the latest. the date this Complaint, Defendant has failed to: (i) determine whether comply with Plaintiffs request; (ii) notify Plaintiff any such determination the reasons 
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. Because Defendants have 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 requests, pursuant U.S.C.  552(a)(6)(C).  
(Violation FOIA, U.S.C.  552) 
 10. Plaintiff realleges paragraphs through fully stated herein. 
 11. Defendant withholding public records requested Plaintiff pursuant U.S.C.  552.   
 12. Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public 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 records responsive 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 25, 2014    Respectfully submitted, 
/S/ David Rothstein   
D.C. Bar No. 450035 
425 Third Street SW, Suite 800 
Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff