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Judicial Watch • FILEDComplaint6_6



Page 1: FILEDComplaint6_6


Number of Pages:4

Date Created:June 1, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Referral, orfanedes, Voter ID, determination, Pursuant, Pennsylvania, ACLU, justice, watch, defendant, plaintiff, judicial, request, records, department, Washington, court, district, EPA, ICE, CIA

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425 Third Street, SW, Suite 800 
Washington, D.C. 20024, 
Plaintiff, Civil Action No. 12-884 
950 Pennsylvania Avenue,     
Washington, 20530-0001, 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Justice 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 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 fidelity the rule law. furtherance its public interest 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 U.S. Government and headquartered 950 Pennsylvania Avenue, NW, Washington, 20530-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS March 30, 2012, Plaintiff submitted FOIA request the Department Justice, FOIA/PA Mail Referral Unit, certified mail, seeking access to: 
All records communications between the Department Justice and the American Civil Liberties Union (ACLU) concerning, regarding, relating Pennsylvania House Bill 934, commonly referred Pennsylvanias Voter law.  The timeframe for this request May 2012 March 30, 2012. According USPS records, Plaintiffs FOIA request was received the Department Justice, FOIA/PA Mail Referral Unit April 2012. The Department Justice, FOIA/PA Mail Referral Unit subsequently acknowledged receipt Plaintiffs request, but did not state whether determination comply with the request had been made.  Nor did the Department Justices acknowledgement letter notify Plaintiff any such determination, the reasons therefor, the right appeal any adverse determination. Pursuant U.S.C.  552(a)(6)(A)(i), the Department Justice was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Because Plaintiff sent its request the component the Department Justice designated Defendant receive FOIA requests, 
pursuant U.S.C.  552(a)(6)(A) this twenty (20) working day time period did not commence until ten (10) working days after the Department Justice, FOIA/PA Mail Referral Units receipt the request April 2012.  Accordingly, the Department Justices determination was due May 17, 2012 the latest. the date this Complaint, the Department Justice 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.   
10. Because the Department Justice 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. Plaintiff realleges paragraphs through fully stated herein. 
 13. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552.   
 14. 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 request that the Court: (1) order Defendant conduct search for any and all records responsive Plaintiffs FOIA request and demonstrate that they 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:  June 2012     Respectfully submitted, 
       /s/ Paul Orfanedes   
       Paul Orfanedes  
D.C. Bar No. 429716 
       425 Third Street S.W., Suite 800 
       Washington, 20024 
       (202) 646-5172 
Counsel for Plaintiff