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Judicial Watch • JW v. DHS CBP West Bank complaint 01650

JW v. DHS CBP West Bank complaint 01650

JW v. DHS CBP West Bank complaint 01650

Page 1: JW v. DHS CBP West Bank complaint 01650


Number of Pages:4

Date Created:August 14, 2017

Date Uploaded to the Library:August 15, 2017

Tags:Bank, 01650, West, Murray, Cbp, requests, requested, complaint, security, responsive, DHS, defendant, filed, plaintiff, request, document, American, records, department, FOIA, Washington

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Case 1:17-cv-01650 Document Filed 08/15/17 Page THE UNITED STATES DISTRICT COURT
425 Third Street SW, Suite 800
Washington, 20024,
Office the General Counsel
245 Murray Lane SW, Mailstop 0485
Washington, 20528,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Homeland Security 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, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
Case 1:17-cv-01650 Document Filed 08/15/17 Page
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
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 245 Murray Lane SW, Washington, 20528.
STATEMENT FACTS June 20, 2017 Plaintiff submitted two identical FOIA requests, one the U.S.
Department Homeland Security DHS and one the U.S. Customs and Border Protection
Bureau CBP component Defendant, seeking the following:
All emails which mention West Bank country-of-origin marking
requirements, and were sent between [DHS CBP] and any the
following groups: Act Now Stop War and End Racism, Al-Awda, the
Council American-Islamic Relations, Friends Sabeel-North
America, Americans Knew, the International Solidarity Movement,
Jewish Voice for Peace, the Muslim American Society, Students for
Justice Palestine, the Campaign End the Israeli Occupation
(the BDS Groups
All emails internal [DHS and/or CBP] discussing the efforts the BDS
Groups strengthen enforcement the West Bank country-of-origin
marking requirements.
The timeframe the request was identified February 2015 through January 25, 2016.
According email records and correspondence, the requests were received
DHS and CBP June and 21, 2017.
The requests DHS and CBP were assigned Tracking Numbers 2017-HQFO-
00945 and CBP-2017-066723 respectively. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
Case 1:17-cv-01650 Document Filed 08/15/17 Page
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.
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
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 August 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; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination; and (iv) make the records available
promptly thereafter. See, e.g., Citizens for Responsibility and Ethics Washington Federal
Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
Because Defendant failed determine whether fully 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
Case 1:17-cv-01650 Document Filed 08/15/17 Page 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
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: August 15, 2017
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff