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Judicial Watch • JW v DOD Complaint

JW v DOD Complaint

JW v DOD Complaint

Page 1: JW v DOD Complaint


Number of Pages:4

Date Created:June 17, 2014

Date Uploaded to the Library:July 23, 2014

Tags:Department of defense, Dod, FOIA

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425 Third Street, S.W., Suite 800 
Washington, 20024, 
Plaintiff, Civil Action No. 
1400 Defense Pentagon 
Washington, 20301,       
 Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department Defense 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 foundation organized under the laws the District Columbia and has its principal place business 425 Third Street S.W., Suite 800, Washington, 20024.  Plaintiff seeks promote transparency, accountability, and integrity government, politics, and the law. part its educational mission, Plaintiff regularly requests records under FOIA shed light the operations the 

federal government and educate the public about these operations.  Plaintiff then analyzes the agency records and disseminates the results its analysis, well the records themselves, the public. 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 2013, Plaintiff submitted FOIA request Defendant certified mail, seeking access to: 

All records communications concerning, regarding, relating FOIA request (Control No. 11-F-0931) dated May 2011, filed Judicial Watch with the DOD Office Freedom Information (OFOI).  The timeframe for this request May 2011 September 26, 2011. e-mail dated June 20, 2013, Defendant acknowledged receiving Plaintiffs FOIA request June 2013, and assigned the request Case Number 13-F-0945. letter dated June 27, 2013, Defendant informed Plaintiff that Defendant was unable make release determination your request within the 20-day statutory time period. Pursuant U.S.C.  552(a)(6)(A)(i), the Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Defendants determination was due July 2013. the date this complaint, Defendant has failed to: (i) determine whether comply with Plaintiffs 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. 

10. Because the 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 with respect its request, pursuant U.S.C.  552(a)(6)(C). 

(Violation FOIA, U.S.C.  552) 
11. Plaintiff realleges paragraphs through fully stated herein. 

12. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

13. Plaintiff being irreparably harmed reason Defendants unlawful withholding records responsive Plaintiffs 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 Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records Plaintiffs 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 Plaintiffs 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: June 17, 2014      Respectfully submitted, 
        /s/ Michael Bekesha   
        Michael Bekesha Bar No. 995749 
        Judicial Watch, Inc. 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
        Counsel for Plaintiff