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Judicial Watch • Jw v Dod Complaint 05092011

Jw v Dod Complaint 05092011

Jw v Dod Complaint 05092011

Page 1: Jw v Dod Complaint 05092011


Number of Pages:4

Date Created:May 9, 2011

Date Uploaded to the Library:February 20, 2014

Tags:05092011, wgvmm, qrvlx, mqxxgx, Dod, complaint

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425 Third Street, S.W., Suite 800  
Washington,  20024,  
Plaintiff,  Case: 11-cv-00863  

Assigned To: Bates, John Assign. Date 5/9/2011 
Description: FOIA/Privacy Act 
1600 Defense Pentagon 
Washington, 20301-1600, 
PlaintiffJudicial .Vatch, Inc. btings this action against Defendant U.S. Department 
Defense compel compliance with the Freedom oflnformation Act, U.S.C.  552 ("fOIA"). grounds therefor, Plaintiff alleges follows: 

JURISDICTION AN)) 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 11.S.C.  1391 (c). 
PARTns Plaintiff non-profit, educational foundation organized under the laws the 
District Columbia and having its principal place business 425 Third Street, S.W., Suite 
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and 
accountability government and fidelity the rule oflaw. furtherance its public interest 
mission, Plaintiff regularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 
1600 Defense Pentagon, Washington, 2030 l-1600. Defendant has possession, custody, and 
control records which Plaintiff seeks access. 
STATEMF.NT FACTS December 15, 2010, Plaintiff sent FOIA request Defendant seeking access the following: 	DoDlG Report lnvestigation, Case Number fl05L97905217; dated SEP 2006; Subject: Alleged Misconduct Senior DoD Officials Concerning the ABLE DANGER Program and Lieutenant Colonel Anthony Shaffer, Anny Reserve; 
prepared the Office the Deputy Inspector General for 
Investigations. (Hereafter referred the "ABLE DANGER Report."). 	
Drafts the ABLE DANGER Report. 	
Associated work papers the ABLE DANGER Report. 	
Transcripts the interviews Captain Scott Phillpott, USN. 	
Transcripts the interviews Mr. Robert Giesler. 

Transcripts the interviews Dr. Newton Howard. letter dated December 21, 2010, Defendant acknowledged receipt Plaintiff's 
FOIA request and designated the request case number 11-00052-F. addition, Defendant 
advised Plaintiff that the ABLE DANGER Report had been made available Defendant's 
website, but that would conduct search for the remaining items Plaintiffs request. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiffs FOIA request within twenty (20) working days January 18, 2011. the date this Complaint, Defendant has failed produce any records 
responsive items through Plaintiff's FOIA request demonstrate that responsive records 
are exempt from production. Nor has indicated whether when any responsive records will 
produced. short, Defendant has failed respond items through the request any 
substantive manner. Because Defendant failed comply with the time limit set forth U.S.C.  
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with 
respect its fOIJ. request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 
PlaintilI reallcges paragraphs through fully stated herein. 

Defendant unlawfully wjthholding records requested Plaintiff pursuant U.S.C.  552. 
12. Plaintiff being irreparably harmed reason ofDefondant's unlawful 
withholding requested records, and Plain.tjff will continue frreparably hanncd 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 
Plaintiffs fOIJ request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiff's FOIA request and Vaughn index any responsive records 
withheld under clajm exemption; (3) enjoin Defendanl 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: May 2011 Respectfully submitted, 

D.C. Bar No. 450035 
425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys/or Plaintiff