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Judicial Watch • JW v DOD 01936 Bergdahl

JW v DOD 01936 Bergdahl

JW v DOD 01936 Bergdahl

Page 1: JW v DOD 01936 Bergdahl


Number of Pages:4

Date Created:November 18, 2014

Date Uploaded to the Library:December 18, 2014

Tags:01936, Bergdahl, Dod

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425 Third Street, S.W., Suite 800 Washington, 20024, 
Plaintiff, Civil Action No. 
U.S. DEPARTMENT DEFENSE, 1400 Defense Pentagon Washington, 20301, 

Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department 
Defense compel compliance with the Freedom oflnformation 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 
S.W., 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 responses and disseminates its findings and the requested records the American public 
inform them about "what their government to." Defendant U.S. Department Defense agency the United States 
Government and headquartered 1400 Defense Pentagon, Washington, 20301. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 11, 2014, Plaintiff submitted FOIA request Defendant, certified 
mail, seeking access the following: 
Any and all records regarding, concerning, related any and all monetary 
payments made directly the United States third party any person, 
group, state part agreement reached for the release Army Sgt. 
Bowe Bergdahl from captivity Afghanistan. letter dated June 18, 2014, Defendant acknowledged receiving Plaintiffs 
request June 11, 2014. The letter stated that Defendant had assigned the request Case 
Number 14-F-0960, but also asserted that Defendant "will unable respond your request 
within the FOIA's day statutory time period." Defendant did not invoke the ten-day 
extension time provision U.S.C.  552(a)(6)(B)(i). Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine 
whether comply with the request within twenty (20) working days and notify Plaintiff 
immediately its determination, the reasons therefor, and the right appeal any adverse 
determination. Defendant's determination was due July 10, 2014 the latest. the date this complaint, Defendant has failed to: (i) determine whether 
comply with the request; (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. Because Defendant has failed comply with the time limit set forth U.S.C.  
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 

Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant 

U.S.C.  552. 
12. Plaintiff being irreparably harmed reason Defendant's unlawful withholding records responsive Plaintiff's FOIA request, 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 responsive records Plaintiff's FOIA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non
exempt records Plaintiff's 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's 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: November 18) 2014 
Respectfully submitted, 
Isl Jason Aldrich 
Jason Aldrich 
D.C. Bar No. 495488 
425 Third Street, Suite 800 Washington, 20024 
Tel: (202) 646-5172 
Counsel.for Plaintiff