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Judicial Watch • Judicial Watch v. Department of Justice 00925

Judicial Watch v. Department of Justice 00925

Judicial Watch v. Department of Justice 00925

Page 1: Judicial Watch v. Department of Justice 00925

Category:Legal Document

Number of Pages:4

Date Created:June 16, 2015

Date Uploaded to the Library:June 16, 2015

Tags:stamped, determination, Pennsylvania, requested, complaint, justice, responsive, defendant, filed, plaintiff, request, document, records, department, FOIA, Washington, court

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Case 1:15-cv-00925 Document Filed 06/16/15 Page THE UNITED STATES DISTRICT COURT
425 Third Street SW, Suite 800
Washington, 20024,
950 Pennsylvania Avenue NW,
Washington, 20530-0001,
Civil Action No.
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:
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).
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:15-cv-00925 Document Filed 06/16/15 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice agency the United States
Government and headquartered U.S. Department Justice, 950 Pennsylvania Avenue
NW, Washington, 20530-0001. Defendant has possession, custody, and control records
which Plaintiff seeks access.
STATEMENT FACTS September 18, 2014, Plaintiff sent FOIA request Defendant, seeking the
following records:
Any and all records correspondence and communications from
January 2014 the present from officials employees
the Office the Attorney General, including but not limited to,
Attorney General Eric Holder, regarding, concerning related
the January 2014 explosion and fire that occurred
apartment complex Minneapolis, Minnesota.
Defendant acknowledged receipt the request letter dated October 2014.
The FOIA/PA Mail Referral Unit Tracking number assigned the request 7014 0150 0000
3228 4450.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the request within twenty (20) working days and notify Plaintiff
immediately its determination, the reasons therefor, and the right appeal any adverse
determination. letter dated October 31, 2014, however, Defendant invoked FOIA 10-day
extension time provision. Accordingly, Defendant determination was due November 17,
2014 the latest. the date this complaint, Defendant has failed to: (i) determine whether
comply with the request; (ii) notify Plaintiff any such determination the reasons therefor;
Case 1:15-cv-00925 Document Filed 06/16/15 Page
(iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
Because Defendant has failed comply with the time limit set forth U.S.C.
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C. 552(a)(6)(C).
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA request, 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
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably likely lead the discovery records responsive the
request (2) order Defendant produce, date certain, any and all non-exempt records
Plaintiff 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 Plaintiff 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.
Case 1:15-cv-00925 Document Filed 06/16/15 Page
Dated: June 16, 2015
Respectfully submitted,
/s/ James Peterson
(D.C. Bar No. 450171)
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff