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Judicial Watch • JW v Department of Defense (Mikey Weinstein documents)

JW v Department of Defense (Mikey Weinstein documents)

JW v Department of Defense (Mikey Weinstein documents)

Page 1: JW v Department of Defense (Mikey Weinstein documents)


Number of Pages:4

Date Created:September 13, 2013

Date Uploaded to the Library:September 25, 2013

Tags:mikey weinstein, Department of defense

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JUDICIAL WATCH. INC., Third Street, S.W., Suite 800
migton, 20024,
Plaintiff, nil Action No.
1000 Defense Pentagon
Washington, 2030l-1600,
Plaintiff Judicial Vtlatcli, Inc. brings this action against Defendant United States
 Department Defense compel compliance with the Freedom Information Act, U.S.C. 
552 FOIA). grounds therefor, Plaintiff alleges follm
ction over this action pursuant U.S.C 2(a)(4)(B) and
Venue proper this district pursuant U.S.C. 139I(e).
Plaintiff non profxt. educational foundation organized under the laws the
District Columbia and having its principal place business 425 Third Street, S.W., Suite
800, VVashington, 20024. Plaintiff seeks promote integrity, transparency. and
accountability government and fidelity the rule law. furtherance its public interest
Case 1:l3 Ol372 Document Filed 09/10/13 Page
mission, Plaintiff rcgularly requests access the public records federal. state, and local
government agencies. entities. and offices, and disseminates indings the public.
Defendant agency the United States Government and headquartered
160. Defense Pentagon, Washington, 1103014600, Defendant has on, custody, and
control rcct which Plaintiff seeks access.
STATEl/IENT FAC May 13, 2013, Plaintiff sent FOTA request Defendant ce11i mail.
return receipt requested, seeking access the following: and all records and connnunications concerning, regarding, consultations between the Department Defense and Mikey
Weinstein. According the United States Postal SerVice return receipt, Defendant received
Plaintift FOIA request May letter dated June 2013. Defendant acknowledged receipt Plaintiffs
request, and assigned the request number 13-F~0847. Defendant was requi determine whether comply with Plaintiffs request
within days, excepting Saturdays. Sundays, and legal public holidays, pursuant U.S.C. 1)(6J(A). Pursuant this same provision, Defendant also was required notify Plaintiff
immediately the determinat the reasons therefor, and the right appeal any adverse
determination the head the agency. Excluding weekends and the intervening Memorial Day
(May 27. 2013) holiday, Defendant was required make its determination and provide Plaintiff
with the requisite notifications June 2013 the latest. the date this Complaint, Defendant has failed make determination
about whether will comply with Plaintiff request, notify Plaintiff any determination,
Case 1:13-cv-01372 Docum Filed 09/10/13 Page
,notify Plaintiff his right appeal any adverse determination the head efthc gcucy. Nor has
Defendant produced any records responsive the request. indicated when any responsive records
will produced, demonstrated that responsive records are exempt from production.
10. Because Defendant failed comply witl1tl1e time limit set forth
S52(a)(6)(A). Plaintiff deemed have exhausted any and all administrative reme with
(Violation S.C. 552) Plaintiff realleges paragraphs through fully stated herein. Defendant unlawfully withholding records requested Plainti pursuant U.S.C. :32.
 13. Plaintiff being irreparably harmed reason Defendant unlawful
Withholdin requested records, and Plaintiff will continue irreparably harmed unless
Defendant compelled conform its conduct the requirements the law.
WHEREFORE, Plaintiff rcsp fully requests tl1at the Court: (1) order Defendant
conduct search for any and all responsi records Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the dis very records responsive
Plaintiffs OIA request: (2) order Defendant produce, date certain, any and all non-exempt
records responsive Plaintiffs FOIA request and Vaughn ind any responsive records
withheld under claim exemption; (3) enjoin Defendant from ruling withhold any and all
non~exempt records responsive Plaintiffs FOIA request; (4) grant Plaint award
,attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C. 
5S2(a)(4)(E and (5) grant Plaintiff such other relief the Court deems just and proper.
Case 1:13~cv-01372 Document Filed 09/10/13 Page
Dated: September 10, 2013
Respect diy submitted,
/s/ Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintz