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Judicial Watch • JW v. DoD Stefan Halper complaint 02125

JW v. DoD Stefan Halper complaint 02125

JW v. DoD Stefan Halper complaint 02125

Page 1: JW v. DoD Stefan Halper complaint 02125

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Number of Pages:4

Date Created:September 13, 2018

Date Uploaded to the Library:September 21, 2018

Tags:Halper, 02125, award, Stefan, orfanedes, Dod, Defense, complaint, Pentagon, responsive, September, defendant, filed, plaintiff, request, document, records, department, FOIA, Washington


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Case 1:18-cv-02125 Document Filed 09/13/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendant U.S.
Department Defense Defendant 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 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
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:18-cv-02125 Document Filed 09/13/18 Page
responses receives and disseminates its findings and responsive records the American public inform them about what their government to.
Defendant U.S. Department Defense agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 1400 Defense Pentagon, Washington, 20301.
STATEMENT FACTS May 15, 2018, Plaintiff submitted FOIA request Defendant, seeking the
following:
Any and all records regarding, concerning, related the contract
awarded the Department Defense Washington Headquarters Services
Office Stefan Halper about September 26,2016. For purposes
clarification, this award identified award number HQ003416P0148.
This request includes, but not limited to, the following:
Any and all records documenting the scope the work completed
pursuant the contract.
Any and all reports, analysis, abstracts, summaries, similar records
produced pursuant the contract.
Any and all related records communication between any official,
employee, representative the Department Defense and Mr. Halper
and/or any other individual entity acting his behalf.
Any and all records communication between any official, employee,
representative the Department Defense and any official, employee,
representative any other branch, department, agency, office the
federal government regarding, concerning, related the award and/or
any work product generated pursuant the award. letter dated May 24, 2018, Defendant acknowledged receiving Plaintiff
request May 15, 2018 and advised Plaintiff the request had been assigned case number 18-F0999. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate the records are lawfully exempt from disclosure; (ii) notify
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Case 1:18-cv-02125 Document Filed 09/13/18 Page
Plaintiff the scope any responsive records Defendant intends produce withhold and the
reasons for any withholdings; (iii) inform Plaintiff may appeal any adequately specific,
adverse determination.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA, and Plaintiff being irreparably harmed because
Defendant violation FOIA. Plaintiff will continue irreparably harmed unless
Defendant compelled comply with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within the time limits set
FOIA. Accordingly, Defendant determination was due about June 13, 2018. this
date, Defendant was required to: (i) gather and review the requested records; (ii) determine the
scope any responsive records Defendant intends produce withhold and immediately
notify Plaintiff its determination and the reasons for any withholdings; and (iii) inform
Plaintiff may appeal any adequately specific, adverse determination. See, e.g., Citizens for
Responsibility and Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89
(D.C. Cir. 2013).
11.
Because Defendant failed determine whether 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 the Court: (1) order Defendant search
for any and all records responsive Plaintiff FOIA request and demonstrate employed
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Case 1:18-cv-02125 Document Filed 09/13/18 Page
search methods reasonably likely lead the discovery records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
Plaintiff 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 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: September 13, 2018
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
Email: porfanedes@judicialwatch.org
Counsel for Plaintiff
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