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Judicial Watch • Gardasil Complaint 2 28 2013

Gardasil Complaint 2 28 2013

Gardasil Complaint 2 28 2013

Page 1: Gardasil Complaint 2 28 2013


Number of Pages:4

Date Created:February 14, 2013

Date Uploaded to the Library:February 20, 2014

Tags:vaccine, Injury, Compensation, determination, Human, Pursuant, health, Services, program, responsive, watch, defendant, plaintiff, request, records, Washington, court, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800  
Washington,  20024, 
Plaintiff, Civil Action No. 
200 Independence Avenue, S.W. 
Washington,  20201, 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Health Human Services 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. 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 mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. Defendant U.S. Department Health and Human Services agency the U.S. Government and headquartered 200 Independence Avenue, S.W., Washington,  20201.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS November 2012, Plaintiff sent FOIA request the Health Resources and Services Administration, component Defendant, certified mail, return receipt requested, seeking access the following: Any and all records regarding, concerning, related the inclusion human papillomavirus (HPV) vaccines covered vaccines under the Vaccine Injury Compensation Program (VICP). Any and all records depicting the number claims filed under the Vaccine Injury Compensation Program (VICP) for injuries deaths allegedly associated with human papillomavirus (HPV) vaccines. Any and all records depicting the amount compensation paid claimants under the the Vaccine Injury Compensation Program (VICP) pursuant claims related injuries deaths allegedly associated with human papillomavirus (HPV) vaccines. letter dated November 2012, Defendant acknowledged receipt Plaintiffs request November 2012 (sic) and assigned the request case number 11012012F305. 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 Veterans Day 
(November 11, 2012) and Thanksgiving Day (November 22, 2012) holidays, Defendant was required make its determination and provide Plaintiff with the requisite notifications December 2012. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiffs request, notify Plaintiff any determination, notify Plaintiff his 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). 
(Violation FOIA, U.S.C.  552) 
 10. Plaintiff realleges paragraphs through fully stated herein. 
 11. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552.   
 12. Plaintiff being irreparably harmed reason Defendants 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 Plaintiff's 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: February 14, 2013     Respectfully submitted, 
        /S/ Paul Orfanedes   
        D.C. Bar No. 429716 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
        Attorneys for Plaintiff