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GSA Complaint

GSA Complaint

Page 1: GSA Complaint


Number of Pages:9

Date Created:May 23, 2013

Date Uploaded to the Library:February 20, 2014

Tags:GSA, Plaintiffs, motion, Services, defendant, filed, plaintiff, request, document, records, James, Washington, court, district, united, EPA, IRS, ICE, CIA

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Case1:13-cv O0755 mentl Filed O5/23/13 Pagelof4 THE UNITED DI. RICT COURT
425 Third Street lite 800 ivil Action No. GENERAL SERVICES ADMINISTRATION
One titution Square
1275 First Street,
Washington. 20417
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. General Sci ces
Adniinistmtkm lianue with the Freedom oflnfnrmation Act. USC. grounds thcrefm Plztintiffzllleges follows: RISDIC VENUE
nsdiction over this action pursuant U.S.( 1)(4)(13) and
Venue proper this ist purguant U.S 1391(EL
PARTIES Plaintiff non-profit, -.-dtutational fmnuiution organized under the laws ofthc
District 0fColumbiz1 and having its principal place ofbusincss Third Stre
Washington. Z0(lZ4. luintiftseeks prom:. integt 
government and fidelity the rule oflaw. fLnt1er.u1ce its pub
Case 1:l3 cv-00755 Document Filed 05/23/13 Page
regularly requests access the public records federal, state. and local governnient 1gCl tCl.S.
entities. and oftices. and disseminates its findings the pub 10. Defendant agency the U.S. Government and headquartered One
Constitution Square, 1275 Fun Street. NE. hington, 20417. Defendant has
custody and control rec which Plaintiff seeks access.
ElIENT .lune 15, 2012. Plaintiff submitted FOIA request Defendant, email and
certi mail. seeking the following public records:
All videos produced GSA Region employees.
peci that included. but was not limited to. all videos produced connection
inking Budget Performance lni Ve. also spe that was seeking videos which GSA employee Ben Koehanski appears. further speci that see all
videos that have any time been available the vebsite ofGSA Regi within the timeframe the request. which was from December 31. 2010 through the date ofthe request.
(1. GSA acknowledged receipt Plaintiffs FOIA request e-mail message
June 10V 2012 igning control GSA FOIA number 223447). .luly 13.
appeal Plaintiffdenying the requested fee waiver. which Pla ffsubsequently appealed.
letter dated Fehruu 2013. GSA denied the appeal but agreed any fee for the
The letter then inquired whether Plaintiffwishcd oceed with this request. letter dated February 201? Plaintiffinthrmed that wished for proceed with the reque.t. Since that date, Plaintifflias not received determination response its reqi any other comntunications from GSA regt the request.
Case 1:13-ev 0O755 Document Filed 05/23/13 Page
Pursuant 5S2(a)(6)(A(i). luired determine whether
comply with Plaintift request within twenty (,20) days after receipt ofthe request and
null laintiff immediately its determinatitzvn, the reasons therefor. and the right appeal any
iidverse determination. Even ifPlaintift request was tolled during the time which Plaintiff
appealed the Fee waiver denial, GSA was required beg prun. sing the request once ved
the con rmation had requested from Plaintiffthut Plaintiff pro with the request.
GSA was required have ended Plaintiffs request later than twenty (20)
fter Plaintiffs con rmation Februar 2013. ofthe date oftl Complaint (i) deter
tply Plaintifl request; (Ii) notify Plaintiff any such determinatimt the reasens
therefor; (iii) advise Plaintiffofthe right appeal any adverse determination; (iv) produce the
requested record. otherwise demonstrate that the requested records are exempt from production.
Because GSA failed comply with the time limit set forth USC. 
[a)(6)(A), Plainti deemed have exhausted any and all admi strat remedies with
respect its request. pursuant U.S.C. 552(a)(6)
ealleges paragraphs nigh fully stated herein.
GSA unlawfully W11 mlding public records requested Plaintiffpt
13. Plaintiffis being hlyl1urmetlb_y ofGSA unlawful with ilding
the requested public ds. and Plaintilfwill cuntinue irreparably harmed unless
compelled conform its conduct the requirements nfllte law.
Case 1:13-cv-00755 Document Filed 05/23/13 Page
WHERE}- ORE, Plaintiffrespectfully requests that the Court: order GSA
Search for any and ull rec esponsive Plainti I-OlA request and demonstrate that
employed search methods rea likely lead the ery ofrecords responsive
Plaintiffs FOIA reque der GSA produce. (late certain, any and all non-exempt
records responsive Pl:iin1ilTs FOIA request and Vuuglin index ofany responsive records
withheld under Claim ofexcmption; (3) win Defendant from con wing withhold any and all
non-exempt records responsive Plaintiffs FOIA request grant Plaint fan 
uttorne fees and other litigation eusonably incurred ion pursuant U.S.C. 
552(a)(4)(_E); and (5) grant Plaintift ueh other reliefas the Court deemsjust and proper.
Dated: May 013 Respectfullw ubmitted.
Peterson BurNo.-450171
425 Third ueet ite 800 ington. 20024
(202) 46-5172
755 Docume 11-1 Filed 05/23/13 Page 1of2
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