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Judicial Watch • Stamped Complaint – Judicial Watch v Dept of Treasury

Stamped Complaint – Judicial Watch v Dept of Treasury

Stamped Complaint – Judicial Watch v Dept of Treasury

Page 1: Stamped Complaint – Judicial Watch v Dept of Treasury


Number of Pages:4

Date Created:March 24, 2014

Date Uploaded to the Library:March 27, 2014

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425 Third Street, S.W., Suite 800 Washington, 20024, 
Plaintiff, Civil Action No. UNITED STATES DEPARTMENT THE TREASURY, 1500 Pennsylvania Avenue, N.W. Washington, 20220, 
Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department the Treasury 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 
Venue proper this district pursuant U.S.C.  1391(e). 
Plaintiff Judicial Watch, Inc. not-for-profit, educational foundation organized u.s.c.  1331. 
under the laws the District Columbia and has its principal place business 425 Third 
Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency, 
accountability, and integrity government, politics, and the law. part its educational mission, Plaintiff regularly requests records under the 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 United States Department the Treasury agency the United 
States Government and headquartered 1500 Pennsylvania Ave, N.W., Washington, 20220. Defendant has possession, custody, and control ofrecords which Plaintiff seeks access. 

STATEMENT FACTS October 28, 2013, Plaintiff sent FOIA request Defendant certified mail, seeking the production agency records related the delay the "employer mandate" the Patient Protection and Affordable Care Act which law was scheduled take effect January 2014, but has now been postponed until "2016." letter dated November 13, 2013, Defendant acknowledged receipt Plaintiffs 
FOIA request and assigned Identification Number 2013-11-027. Defendant was required determine whether comply with Plaintiffs 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 28, 2013) holiday, Defendant was required make its determination and provide Plaintiff with the requisite notifications December 12, 2013. the date this Complaint, Defendant has failed make determination 
about whether will comply with Plaintiffs request, notify Plaintiff any determination, 
notify Plaintiff its right appeal any adverse determination the head the agency. Nor has 
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). 
COUNT (Violation FOIA, U.S.C.  552) 
Plaintiffrealleges paragraphs through 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. 
Dated: March 24, 2014 
Respectfully submitted, 
Isl Michael Bekesha 
Michael Bekesha 
D.C. Bar 
425 Third treet .W., 

uite 800 Washington, 20024 
(202) 646-5172 
Counsel for Plaintiff