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Judicial Watch • Judicial Watch v Department of Justice No 12 277 Complaint 2212012

Judicial Watch v Department of Justice No 12 277 Complaint 2212012

Judicial Watch v Department of Justice No 12 277 Complaint 2212012

Page 1: Judicial Watch v Department of Justice No 12 277 Complaint 2212012


Number of Pages:4

Date Created:February 21, 2012

Date Uploaded to the Library:February 20, 2014

Tags:2212012, complaint, justice, department

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425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Case: :12-cv-00277 
Assigned To: Boasberg, James Assign. Date: 2/21/2012 Description: FOIA/Privacy Act 
950 Pennsylvania Avenue,  
Washington, 20530-0001,  

Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department 
Justice (''DOY') compel compliance with the Freedom Information Act, U.S.C.  552 
("F01A"). 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.  I391(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 
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 December 2011, Plaintiff submitted FOIA request the Office lnfo1mation Policy ("OIP") and the Office the Solicitor General ("OSG' two components Defendant, facsimile and certified mail, seeking access the following public records: 
All calendars, schedules, phone logs, and agenda for each the following 
individuals: (1) Elena Kagan; (2) Neal Katya!; (3) Edwin Kneedler; (4) Malcolm 
Stewart; and (5) Michael Dreeben. 
The timeframe for this request was specified being from September 2009 through August 31, 2010. letter dated December 13, 2011, OTP acknowledged receipt Plaintiffs FOIA request December 2011. The aclrnowledgment letter stated that Plaintiff's request had been forwarded OSG. The letter did not state whether determination comply with the request had been made. Nor did the letter notify Plaintiff any such determination, the reasons therefor, the right appeal any adverse determination. letter dated January 11, 2012, OSG acknowledged receipt Plaintiffs request December 12, 2011. the aclrnowledgment letter) OSG stated that was invoking the ten day extension time provision U.S.C.  552(a)(6)(B)(iii) and that anticipated that would respond Plaintiff's FOIA request before January 26, 2012. The letter did not state whether detennination comply with the request had been made. Nor did the letter notify 
determination. reason the ten day extension time, Defendant's response Plaintiffs 
December 2011 request was due within thirty working days December 12, 2011, 
January 25, 2012 the latest. the date this Complaint, Defendant has failed to: (i) determine whether 
comply with Plaintiff's requests OIP and OSG; (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 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 requests, pursuant U.S.C.  552(a)(6)(C). 
(Violation ofFOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
13. Plaintiff being irreparably harmed reason Defendant's uitlawful 
withholding the requested public 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 records responsive Plaintiff's FOIA requests and demonstrate 
that employed search methods reasonably likely lead the discovery ofrecords responsive 
non-exempt records responsive Plaintiff's FOIA requests and Vaughn index ofany responsive 
records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any 
and all non-exempt records responsive Plaintiff's FOIA requests; (4) grant PJaintiff award 
attorneys' fees and other litigation costs reasonably incmTed 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 21, 2012 Respectfully submitted, 

D.C. Bar No. 450035 
425 Third Street, S.W., Slrite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff