Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v Commerce NOAA Karl Holdren complaint 00541

JW v Commerce NOAA Karl Holdren complaint 00541

JW v Commerce NOAA Karl Holdren complaint 00541

Page 1: JW v Commerce NOAA Karl Holdren complaint 00541

Category:

Number of Pages:4

Date Created:March 24, 2017

Date Uploaded to the Library:March 27, 2017

Tags:Karl, Holdren, 00541, NOAA, Commerce, produce, requested, complaint, responsive, defendant, filed, plaintiff, request, document, records, FOIA, states, Washington, united


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-00541-RBW Document Filed 03/24/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES DEPARTMENT COMMERCE,
1401 Constitution Avenue,
Washington, 20230,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Commerce 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,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-00541-RBW Document Filed 03/24/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Commerce agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 1401 Constitution Avenue, NW, Washington, 20230.
STATEMENT FACTS February 2017 Plaintiff submitted FOIA request the National Oceanic
and Atmospheric Administration NOAA component Defendant, seeking the following:
Any and all records communications between NOAA scientist
Thomas Karl and Director the Office Science and
Technology Policy John Holdren.
The timeframe the request was identified January 20, 2009 through January 20, 2017.
The request was submitted certified mail.
According U.S. Postal Service records, the request was received NOAA
February 2017.
NOAA confirmed that received the request February 2017, assigning the
request Tracking Number DOC-NOAA-2017-000580. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
-2-
Case 1:17-cv-00541-RBW Document Filed 03/24/17 Page
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request March 2017 the latest. minimum, Defendant was required to: (i) gather and review the requested documents; (ii)
determine and communicate Plaintiff the scope any responsive records Defendant intended produce withhold and the reasons for any withholdings; and (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination. See, e.g., Citizens for Responsibility and
Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt 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
-3-
Case 1:17-cv-00541-RBW Document Filed 03/24/17 Page
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: March 27, 2017
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
-4-