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Judicial Watch • JW and Daily Caller v. DOD Marines complaint 01384

JW and Daily Caller v. DOD Marines complaint 01384

JW and Daily Caller v. DOD Marines complaint 01384

Page 1: JW and Daily Caller v. DOD Marines complaint 01384

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Number of Pages:4

Date Created:May 14, 2019

Date Uploaded to the Library:June 17, 2019

Tags:Marines, 01384, Caller, daily, peterson, Cheney, Dod, Defense, Pentagon, Secretary, defendant, FOIA, Washington


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Case 1:19-cv-01384 Document Filed 05/14/19 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024,
and
THE DAILY CALLER
NEWS FOUNDATION
1050 17th Street, N.W., Suite 900
Washington, 20036
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
Defendant.
____________________________________)
Civil Action No. _____
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendant U.S.
Department Defense Defendant 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. 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, accountability,
Case 1:19-cv-01384 Document Filed 05/14/19 Page
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly serves FOIA requests federal agencies. Plaintiff analyzes the agencies responses
and disseminates its findings and any records receives the American public inform them
about what their government to.
Plaintiff The Daily Caller News Foundation has its principal place business
1050 17th Street, N.W., Suite 900, Washington, 20036. Founded 2011 Tucker
Carlson, 20-year veteran print and broadcast media, and Neil Patel, former chief policy
adviser Vice President Dick Cheney, Plaintiff 501(c)(3) non-profit providing original
investigative reporting from team professional reporters that operates for the public benefit.
Plaintiff website reaches approximately three million unique monthly visitors and its content,
which available without charge any eligible news publisher, published The Daily
Caller, Yahoo News, Business Insider and growing host other media outlets, reaching
combined audience estimated excess million readers.
Defendant agency the United States government. Defendant has
possession, custody, and control records which Plaintiff seeks access. Defendant
headquartered 1400 Defense Pentagon, Washington, 20301.
STATEMENT FACTS February 2017, Plaintiffs submitted the identical FOIA requests the
Office the Secretary Defense/Joint Staff OSD/JS and the Office the Secretary the
Navy Navy seeking the following:
Any and all supporting documents, including but not limited
studies, analyses, reports and memoranda, that accompanied thenMarine Corps Commandant Joseph Dunford September 2015
request then-Navy Secretary Ray Mabus and/or then-Secretary Defense Ash Carter that exceptions made allowing women serve all Marine Corps occupational specialties.
Case 1:19-cv-01384 Document Filed 05/14/19 Page letter dated February 10, 2017, OSD/JS confirmed receipt Plaintiff
request February 2017 and advised Plaintiff that had assigned the request case number
17-F-0525. email dated February 2017, the Navy confirmed receipt Plaintiff
request February 2017 and advised Plaintiff that had assigned the request tracking
number DON-NAVY-2017-003411. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate the records are lawfully exempt from disclosure; (ii) notify
Plaintiff the scope any responsive records Defendant intends produce withhold and the
reasons for any withholdings; (iii) inform Plaintiff may appeal any adequately specific,
adverse determination.
COUNT
(Violation FOIA, U.S.C. 552)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff FOIA requests demonstrate that the requested records are lawfully
exempt from production.
12.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
13.
Because Defendant failed determine whether comply with Plaintiff
requests within the time period required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
Case 1:19-cv-01384 Document Filed 05/14/19 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA requests and demonstrate that
employed search methods reasonably calculated uncover all records responsive the
requests; (2) order Defendant produce, date certain, any and all non-exempt records
responsive Plaintiff FOIA requests and Vaughn indices any responsive records withheld
under claim exemption; (3) enjoin Defendant from continuing withhold any and all nonexempt records responsive Plaintiff FOIA requests; (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: May 13, 2019
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
Counsel for Plaintiff